FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST VINCENT'S PSYCHIATRIC HOSPITAL, FAIRVIEW (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - PSYCHIATRIC NURSES' ASSOCIATION DIVISION : Chairman: Ms Owens Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Claim for the payment of an acting- up allowance to hospital nurses.
BACKGROUND:
2. The Mater Hospital, St. Vincent's Hospital, Fairview, and the Eastern Health Board combine to provide a mental health service to Area 7 of the Eastern Health Board. This area includes North Strand, East Wall, Clontarf, Drumcondra, Glasnevin, Santry and Ballymun. St. Vincent's Hospital is a voluntary Psychiatric Hospital. In 1980 the Department of Health commenced direct funding of the hospital.
Over the past number of years, nursing staff have been recruited and promoted under the banner of the three authorities. The Union claims that a psychiatric nurse employed by the Eastern Health Board who is acting-up to Staff Nurse 2 is paid an allowance of £1,750 per annum under a 1996 nursing agreement while a nurse employed by St. Vincent's Hospital in a similar acting-up position is paid an allowance of £660 per annum. St Vincent's calculates the acting-up allowances and starting pay on promotion in accordance with General Nursing circulars. The Health Board calculates in accordance with Departmental circulars pertaining to Psychiatric Nurses. The Union wants this anomaly rectified.
Management claims that the acting-up allowance only applies to Health Board psychiatric hospitals and has not applied to voluntary hospitals. It also rejects the claim on the basis that it is cost-increasing. As no agreement was possible between the parties the dispute was referred to the conciliation service of the Labour Relations Commission.
A conciliation conference was held on the 23rd September, 1997 but no agreement was reached. The dispute was referred to the Labour Court under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 9th January, 1998.
UNION'S ARGUMENTS:
3. 1. The Union wants the same acting-up allowance paid to all psychiatric nurses whether they are employed by the Eastern Health Board or St. Vincent's Hospital.
2. The nurses concerned are dealing with the same patients, working the same rosters and shift systems and reporting to the same management. They should be paid the same allowances.
3. There is no justification for this anomaly in allowances for psychiatric nurses employed by St. Vincent's Hospital. The Union wants the anomaly abolished.
4. The claim is a localised one and should be conceded. There will be no knock-on effects.
MANAGEMENT'S ARGUMENTS:
4. 1. St. Vincent's Hospital, Fairview, is not a Health Board Hospital. The allowances claimed have never applied to a voluntary hospital.
2. The Department of Health has indicated that it is not prepared to extend the allowances to St. Vincent's Hospital.
3. Since 1980, St. Vincent's Hospital, Fairview, is the only voluntary hospital operating in the psychiatric service. The Union did not raise St. Vincent's as a specific case in the recent national negotiations on nursing pay.
4. The claim is cost increasing and is, therefore, precluded under the terms of Partnership 2000.
RECOMMENDATION:
It is the view of the Court that the claim before it is clearly cost-increasing and is thereby debarred by the provisions of the Partnership 2000 agreement. However, the Court is also of the view that a non-sustainable anomaly exists.
The Court, therefore, recommends that the parties address the issue between now and the end of the current National Agreement with a view to correcting the anomaly.
Signed on behalf of the Labour Court
Evelyn Owens
20th January, 1998______________________
L.W./U.S.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.