Labour Court Database __________________________________________________________________________________ File Number: CD9672 Case Number: LCR15137 Section / Act: S26(1) Parties: MIDLAND HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
The filling of ten permanent psychiatric nursing posts.
Recommendation:
The Court, having considered the submissions of the parties and
recognising that both parties accept the need for permanent
appointments, recommends that the Hospital proceeds without delay
to implement them.
In addition, the Court recommends that the parties enter into
discussions on rostering of temporary employees as it relates to
their earning capacity.
Division: Ms Owens Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9672 RECOMMENDATION NO. LCR15137
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
MIDLAND HEALTH BOARD
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. The filling of ten permanent psychiatric nursing posts.
BACKGROUND:
2. The dispute concerns the filling of ten permanent psychiatric
nursing vacancies at St. Fintan's Hospital, Portlaoise, and
the implications for temporary staff. There are two unions
involved in the issue, SIPTU and the Psychiatric Nurses
Association (PNA) and they have negotiated separately with
the Board. The PNA were not prepared to be a party to a
joint conciliation conference on the matter. SIPTU attended
at a conciliation conference under the auspices of the Labour
Relations Commission and expressed concerns regarding the
earnings potential of temporary nurses, who may lose out as a
consequence of the filling of the vacancies. The Board was
cognizant of the concerns expressed by the Union and was of
the view that losses would be minimal. However, the Board
had difficulty with reaching a formal accommodation with
SIPTU, without regard to the PNA. The matter was referred to
the Labour Court, on the 16th of February, 1996, in
accordance with Section 26(1) of the Industrial Relations
Act, 1990. The Court carried out its investigation on the
27th of March, 1996.
UNION'S ARGUMENTS:
3. 1. The workers concerned have shown considerable patience
concerning this matter and now wish to attain what they
regard as their rightful position of permanent status,
and the benefits that go with that. At this stage they
have lost out on one year's permanency and if it were
not for the Board's positive response in extending the
panel for a further year, they would have to contend
with a more difficult situation. The panel will expire
in Autumn of this year and those concerned are now
hoping to be appointed at the earliest possible date.
2. It was not possible to investigate fully the issue of
the implications for temporary staff as the matter of
the permanent posts had not been resolved. It would be
prudent to hold talks as soon as the permanent posts
have been filled.
BOARD'S ARGUMENTS:
4. 1. The Board has had ongoing discussions with the Staff
Associations over the past 2 years in relation to the
filling of vacancies and, to date, a total of ten
vacancies have been filled from the Permanent Nursing
Panel formed in November, 1994. The Board is now
anxious to fill further vacancies in a permanent
capacity as the present situation has become intolerable
and is placing an unnecessary burden on Nurse Management
in terms of the uncertainty which prevails in regard to
available nursing cover to meet ongoing service needs.
2. Representations have been made to Nurse Management by
existing temporary nursing staff in St. Fintan's
Hospital who have secured a place on the Permanent
Nursing Panel formed in 1994 and who are concerned that
they may lose out on the offer of a permanent post
during the life of the panel which expires in November,
1996.
3. In the course of discussions with the Unions, a concern
has been expressed regarding the reduction in the amount
of available temporary work in the event of permanent
appointments being made. The Board has assured the
Unions that a significant amount of temporary work will
continue to be available for nurses remaining on the
temporary panel.
RECOMMENDATION:
The Court, having considered the submissions of the parties and
recognising that both parties accept the need for permanent
appointments, recommends that the Hospital proceeds without delay
to implement them.
In addition, the Court recommends that the parties enter into
discussions on rostering of temporary employees as it relates to
their earning capacity.
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Signed on behalf of the Labour Court
16th April, 1996 Evelyn Owens
M.K./S.G. -----------------
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.