Labour Court Database __________________________________________________________________________________ File Number: CD9153 Case Number: LCR13459 Section / Act: S67 Parties: SOUTHERN HEALTH BOARD - and - IRISH NURSES ORGANISATION;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;PSYCHIATRIC NURSES ASSOCIATION |
Claim by S.I.P.T.U. and the P.N.A. on behalf of psychiatric nurses for access to night duty in the acute psychiatric unit, of St. Anne's Hospital, Skibbereen.
Recommendation:
7. The Court has very carefully considered the very important
issues raised in this case. It has come to the conclusion that,
whatever the peculiarities of the arrangements in the Skibbereen,
Hospital, it is important to uphold the practice that personnel
who transfer from one hospital to another do so under the
conditions which prevail at the locations to which they transfer.
To the extent that this practice applies it does sustain the case
made by the I.N.O. but it seems to the Court that everything
possible should be done to extend an equitable share of premium
time to those who wish to work it.
In the circumstances the Court does not recommend that the present
incumbents of the posts in question be required to change but that
the system of permanent night work should end as soon as they
leave the posts in question. The Court so recommends.
The Court further recommends that in the meantime the parties meet
to agree the equitable distribution of whatever premium time is
available to those who wish to work it.
Division: Mr O'Connell Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD9153 RECOMMENDATION NO. LCR13459
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: SOUTHERN HEALTH BOARD
and
IRISH NURSES ORGANISATION
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
PSYCHIATRIC NURSES ASSOCIATION
SUBJECT:
1. Claim by S.I.P.T.U. and the P.N.A. on behalf of psychiatric
nurses for access to night duty in the acute psychiatric unit, of
St. Anne's Hospital, Skibbereen.
BACKGROUND;
2. The psychiatric unit in St. Anne's Hospital opened in 1969.
There were difficulties in recruiting psychiatric nurses to staff
the unit and consequently a number of general trained nurses were
employed there. The four night duty posts were filled on a
continuous basis by four general trained staff nurses (I.N.O.
members). There has been no rotation of staff through the night
duty rota. The staffing of the unit was the subject of a Labour
Court Recommendation in 1983 when the Court recommended that all
future vacancies arising for nurses in the psychiatric unit should
be filled by psychiatric trained nurses (L.C.R. 8237 refers). In
recent years a number of psychiatric nurses have transferred from
Cork City to Skibbereen. Their Unions, S.I.P.T.U. and P.N.A.,
claim that these nurses should have equal access to night duty as
their earnings are affected by a loss of night duty premium
payments. The I.N.O. while sympathetic to this situation does not
accept that equal access should apply to the night duty posts as
their members' position of providing a service over many years
must be taken into account. The Board's position is that where
premium payments are made there should be an equitable
distribution to all staff willing to work the appropriate rosters.
The issue was referred to the Conciliation Service of the Labour
Court on the 9th July, 1990. Conciliation conferences were held
on the 6th September and 16th November, 1990 but no agreement was
reached. The dispute was referred to the Labour Court for
investigation and recommendation on the 31st December, 1990. A
Court hearing was held in Cork on the 25th September, 1991 (the
earliest date suitable to all the parties).
I.N.O.'S ARGUMENTS:
3. 1. The historical position in St. Anne's hospital regarding
continuous night duty is well known. Some of the psychiatric
nurses who have worked on day duty for many years have never
sought access to-night duty. The continuous night duty rota
has been accepted by the Board. In 1990 half of a job sharing
post (continuous night duty) became vacant. None of this
available night duty was taken up by psychiatric nurses, who
are members of the Unions concerned in the claim.
2. Nurses in the Southern Health Board, both psychiatric and
general trained who are transferred from one hospital to
another do not automatically transfer their conditions of
employment regarding rosters, duty patterns, night duty rotas
etc (details of recent transfer cases supplied to the Court).
At a meeting in 1990 the personnel manager of the Board stated
that "transfer policy is that conditions of employment as per
location applies."
S.I.P.T.U.'S ARGUMENTS:
4. 1. The workers concerned should have access to night duty on
a fair basis. In the present situation only two staff are on
night duty at any one time. The only opportunity for night
duty arises by way of (1) relief for the permanent night duty
nurses when they are on annual leave or (2) by filling in for
a "half" post created by the transfer of a job sharer out of
the unit. This allows for a total of fifty weeks or
approximately six weeks' night duty per worker.
2. The dispute has arisen due to the failure of the Board to
appreciate the radical transformation of the psychiatric
services since 1969 and because of its failure to resolve the
appropriate staffing of a psychiatric unit in a general
hospital in a fair and equitable manner. When the Labour
Court last issued a recommendation (L.C.R. 8237) on the
staffing situation at St. Anne's Hospital the ratio of general
nurses to psychiatric nurses in the unit was one to one (six
each). The unit is now staffed with fifteen psychiatric
nurses and three general nurses.
3. Night duty is a normal expectation for psychiatric nurses.
During previous Labour Court investigations of psychiatric
nurses' pay the Court has assumed a predictable average of
premium earnings when reaching its conclusions. The current
situation has effectively resulted in a loss of earnings for
the workers concerned. The Union asks the Court to recommend
that all nursing staff who work in the unit and who wish to
have access to night duty be given access on an equal and fair
basis.
P.N.A.'S ARGUMENTS:
5. 1. Nurses assigned to night duty receive additional premium
pay at the rate of one quarter of the hourly rate. The
availability of night duty by the unit is currently limited to
four nurses, with the exception of holiday relief etc. The
other nurses in the unit collectively lose a substantial
amount of money per annum, as opposed to the nurses who have
regular access to night duty. The basic qualification for a
night duty supervisor in the psychiatric service is that of
Registered Psychiatric Nurse. Therefore a person with the
general nursing qualification only cannot claim the right to
such a position.
2. Excessive access to night duty is not a practice that
applies generally in the psychiatric service and such a
practice is not in the long term interest of the service or
the career of a nurse. All nurses working within the
psychiatric service at St. Anne's should have equal access to
night duty and should be rostered on a rotational basis. Such
a system would result in a more cohesive and organised service
and would ensure equal earnings for all nurses in the unit.
BOARD'S ARGUMENTS:
6. 1. Following the two conciliation conferences settlement
proposals were suggested as follows:
(a) All staff on continuous night duty should come on
days for at least one month per year. The night duty
then available, including annual leave etc., would be
divided between the other nurses who are seeking
night duty.
(b) The two nurses holding Junior Ward Sister posts would
be allowed to continue on permanent night duty and
the half post (one Junior Ward Sister is
job-sharing), together with the annual leave etc. of
the current holders of the night duty post, would be
available for distribution among the nurses
represented in this claim who wished to go on night
duty.
(c) Rotation of 2.50 of the 4 night duty posts (2 if
job-sharer resumed full-time).
(d) Ultimate elimination of continuous night duty for
individuals.
2. The proposals are acceptable to the Board but they were
rejected by some or all of the Unions. Management is opposed
in principle to staff doing continuous night duty and this
principle is universally accepted. Management acknowledges
the unique situation which existed in Skibbereen whereby some
staff have worked continuous duty for a lengthy period. The
Board also acknowledges the legitimate aspirations of other
staff who wish to have an opportunity to benefit from night
duty premium payments.
RECOMMENDATION:
7. The Court has very carefully considered the very important
issues raised in this case. It has come to the conclusion that,
whatever the peculiarities of the arrangements in the Skibbereen,
Hospital, it is important to uphold the practice that personnel
who transfer from one hospital to another do so under the
conditions which prevail at the locations to which they transfer.
To the extent that this practice applies it does sustain the case
made by the I.N.O. but it seems to the Court that everything
possible should be done to extend an equitable share of premium
time to those who wish to work it.
In the circumstances the Court does not recommend that the present
incumbents of the posts in question be required to change but that
the system of permanent night work should end as soon as they
leave the posts in question. The Court so recommends.
The Court further recommends that in the meantime the parties meet
to agree the equitable distribution of whatever premium time is
available to those who wish to work it.
~
Signed on behalf of the Labour Court
John O'Connell
____________________
30th October, 1991. Deputy Chairman
T.O'D./J.C.