Labour Court Database __________________________________________________________________________________ File Number: CD94228 Case Number: LCR14517 Section / Act: S26(1) Parties: SOUTHERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;PNA |
Dispute concerning a proposal by the Board for separate staffing arrangements for North and South Lee divisions.
Recommendation:
The Court has fully considered all of the arguments made by both
parties in their oral and written submissions. The Court
recognises the reservations expressed by the staff and has noted
the assurances given by management.
In all the circumstances the Court recommends that the Health
Board proposals be implemented subject to their being monitored
with a view to resolving any difficulties which may arise and the
arrangements being reviewed in April 1995.
The Court so recommends.
Division: MrMcGrath Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD94228 RECOMMENDATION NO. LCR14517
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
SOUTHERN HEALTH BOARD
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning a proposal by the Board for separate
staffing arrangements for North and South Lee divisions.
BACKGROUND:
2. 1. The Board's psychiatric services in the Cork city area
are divided into 2 divisions (North Lee and South
Lee) for administrative purposes. Each division has its
own chief nursing officer. Staffing is allocated from a
central staffing office which means that the chief
nursing officer in each location is not responsible for
the allocation and rostering of its staff.
2. The Board proposes that each division be allocated its
own staff which would allow each division responsiblity
for rostering in its own area. The Union has rejected
the proposal and following local negotiations the
dispute was referred to the Labour Relations Commission.
3. Conciliation conferences were held on 25th January and
1st March, 1994 but no progress was possible. The two
Unions which represent the Board's psychiatric nurses
attended at conciliation. The Psychiatric Nurses
Association refused to refer the dispute to the Labour
Court. The dispute between the Board and SIPTU was
referred to the Labour Court under section 26(1) of the
Industrial Relations Act, 1990 on 25th April 1994. A
Labour Court investigation took place on 29th June in
Limerick.
BOARD'S ARGUMENTS:
3. 1. The development of community facilities in the South Lee
catchment area has led to staffing specifically for the
South Lee area (details supplied). To complete the
development of South Lee as a separate catchment area,
it is now necessary to move to a separate establishment
for South Lee which will be administered from within the
division.
2. Central staffing was devised when all services and
patients were in one hospital. This is no longer the
case and further change will occur under the Board's 7-
year plan. The present system is out-dated which leads
to a lack of continuity, lack of staff initiative and
the neutralising of the whole concept of staff
performance and accountability. The Chief Nursing
Officer must be responsible for the rostering of staff
and staff performance. This is being hindered and
undermined by the present system.
3. The present system causes major administrative headaches
and the adoption of the Board's proposal would have
beneficial effects for the provision of care by means of
greater continuity of staffing (details supplied). The
Board is more than willing to address in a reasonable
manner the workers' concerns with their conditions of
employment, mobility, night duty and annual leave
(details supplied). The Board has been seeking this
change for 3.50 years to ensure proper patient care.
UNION'S ARGUMENTS:
4. 1. The Union cannot accept the need for change as the
present system has operated satisfactorily for some
years. It does not cause administrative difficulties or
adversely affect service (details supplied). The
workers enjoy the mobility which the current system
provides. Any change would adversely affect the
availability of opportunities, to act up or to cover in
other areas.
2. In 1992, the Board launched a 7 year plan which outlined
major new developments which will eventually lead to
separate staffing for specific units.
It is unnecessary to have a major upheaval of staff at
this time as the natural progression of the plan will
lead to the Board's ideal. The introduction of separate
staffing will lead to greater expense, less emergency
options, less training and in-service education.
3. The inflexibility of 2 smaller staffing pools could lead
to the staffing of a particular unit by all temporary
nurses. In addition the Board's proposal will lead to
undesirable redeployment, changes in annual leave, night
duty and day duty rosters leading to a loss in premia
earnings.
RECOMMENDATION:
The Court has fully considered all of the arguments made by both
parties in their oral and written submissions. The Court
recognises the reservations expressed by the staff and has noted
the assurances given by management.
In all the circumstances the Court recommends that the Health
Board proposals be implemented subject to their being monitored
with a view to resolving any difficulties which may arise and the
arrangements being reviewed in April 1995.
The Court so recommends.
~
Signed on behalf of the Labour Court
28th July, 1994 Tom McGrath
J.F./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.