FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ADELAIDE HOSPITAL (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH NURSES' ORGANISATION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Application of ward sister salary scale.
BACKGROUND:
2. The issue concerns a claim by the Union for the upgrading of the cardiology nurse specialist post from that of staff nurse to ward sister grade. The post in the Adelaide Hospital is currently occupied by two workers on a job-sharing basis. The post was originally set up in January, 1993 and the Union made its claim in April, 1993 on behalf of the two cardiology nurse specialists and a diabetic nurse specialist. In 1994, the Department of Health sanctioned the up-grading of the diabetic nurse specialist to ward sister grade. The two workers concerned were not up-graded.
The Union raised the claim again in 1996 and 1997. The Hospital's view is that, while it is not against the claim, it is bound by the Department of Health regulations. The dispute was referred to the Labour Relations Commission and a conciliation conference took place on the 30th of July, 1997. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 5th of August, 1997, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16th of September, 1997.
UNION'S ARGUMENTS:
3. 1. The Hospital has stated that the issue cannot be dealt with until the transfer to Tallaght Hospital take place. This is scheduled for sometime in 1998, 5 years after the initial claim was lodged. There is support for the claim from the cardiologist and the Secretary/Manager of the Hospital (details supplied to the Court). At the conciliation conference there was agreement between the parties that the re-grading should take place.
2. The reasons given by the Department of Health in 1995 for not re-grading the posts (i.e. job sharing) are in breach of the Department's own circulars and guidelines pertaining to job sharing. The Hospital's claim that no such post as cardiology nurse specialist exists at ward sister level nationally is not true. Three full time posts at Beaumont Hospital and a recently advertised post at St. Vincent's Hospital are paid at the level of ward sister. The two workers involved are as skilled and knowledgable in their work as was the diabetic nurse specialist who was promoted in 1994. They deserve to be up-graded in the same manner.
COMPANY'S ARGUMENTS:
4. 1. The Hospital is not opposed in principle to the up-grading of the two workers. It is, however, bound by the Department of Health regulations and must reject the claim at this time. The Commission on Nursing set up by the Labour Court in 1997 has agreed to look at the claim. The Department has also indicated that it would re-examine all nursing positions in the context of the nursing study undertaken by the Tallaght Hospital Board.
2. There are a number of nurses who claim specialised posts. If the two workers in this case were up-graded it could lead to many other nurses claiming similar up-grading.
RECOMMENDATION:
As the Hospital has indicated that it is fully supportive of the claimants' case for ward sister grade, it is the Court's view that the Hospital should pay the claimants the ward sister rate, as other Hospitals have done.
This should be done on a red circle basis, pending the outcome of the finding of the Commission on Nursing, at which stage the situation should be regularised.
Signed on behalf of the Labour Court
Finbarr Flood
30th September, 1997______________________
C.O'N./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.