FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTHERN HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr Rorke |
1. Cover for staff shortages.
BACKGROUND:
2. The dispute concerns staffing levels at the St. Stephen's Hospital in North Cork. The Hospital, which has 295 beds, provides nursing care to patients suffering from psychiatric and psycho-geriatric illnesses. The Union's case is that there is at present a shortage of staff at the Hospital, and that the situation will get worse from June onwards as the peak holiday period begins. There are at present 185/189 nurses in the Hospital (there was some dispute as to the exact number).
The Union advised the Board in November, 1997, of staffing difficulties. Following meetings between the parties, the Board agreed that advertisements for temporary and permanent nurses should go ahead, with a closing date of the 7th of May, 1998. It is the Union's opinion that by the time the new recruits are actually on the wards, the situation will be critical. In the event, 5 applicants responded for temporary work.
A threatened one day industrial action on the 13th of May, 1998, was averted following intervention of the Labour Relations Commission. At a meeting on the 8th of May, the parties put forward options to solve the dispute. The Board proposed:-
Transfer requests put on hold.
Training programmes suspended for the present.
Re-deployment of nursing staff by the temporary transfer of
patients within the hospital.
The Union suggested the following:-
Overtime for nurses.
Use of agency nurses.
Short-term contracts for temporary staff.
The parties could not reach agreement at the meeting nor at a conciliation conference on the 13th of May, 1998, and the dispute was referred to the Labour Court on the 14th of May, 1998, in accordance with Section 26(1) of the Industrial Relations Act. A Labour Court hearing took place on the 21st of May, 1998.
UNION'S ARGUMENTS:
3. 1. Staff shortages have led to a deterioration of working conditions in the Hospital in recent months. This is acknowledged by the Board. The effects of the shortages have been eased by the deferment of leave of permanent and temporary nurses. Of 17 temporary nurses all but 2 have carried forward extensive annual leave from the year 1996/1997. There is pressure being put on some temporary nurses to work more than a 39-hour week against their wishes.
2. Inter-catchment area transfers have been postponed. Training courses for nurses have been cancelled. These courses include control and restraint which have health and safety repercussions for staff and patients. The Union has offered that nurses would work extra duties at a flat rate of pay but the Board has refused the offer.
3. It is estimated that employment of staff to fill existing vacancies will not take place until August at least. The annual leave peak period begins in the second week of June when the numbers on leave will increase by 25%. Management's offer to close a residential ward is not the solution. The continued absence of a back-up panel to provide for short-term nurse shortages must be addressed.
BOARD'S ARGUMENTS:
4. 1. Since January, 1998, a considerable number of beds have remained vacant. The Board does not expect patient numbers to increase prior to the appointment of new nursing staff. The Board has been encouraged by the response to the advertisements and has undertaken to appoint new staff as a matter of urgency.
2. A number of job-sharing nurses were agreeable to make themselves available for duty outside of their job-sharing commitments. Two career-break nurses have resumed duty at the Hospital.
3. The Union's offer to work extra duties at a flat rate of pay is not acceptable as it is really another form of overtime. This would lead to future problems with other grades of staff seeking this kind of payment. Nursing levels are satisfactory at present and the Board is committed to ensuring an adequate supply of qualified staff to cover permanent and temporary vacancies.
RECOMMENDATION:
Management have indicated to the Court that the Board is taking urgent steps to fill both temporary panel and permanent positions in order to meet its anticipated staffing difficulties, and that it is prepared to make 2/3 job sharers permanent.
The Union has indicated that such posts would meet its concerns if achieved.
There is nothing that can now be done to recover the time lost in placing the advertisements and both sides must look to the future. It seems to the Court that the only remaining problems that could arise would be in the event of short-term staffing difficulties over the peak holiday period, assuming that the Board is successful in recruiting from its advertisements.
In such a situation, the Court believes that, with goodwill all round, it should be possible for the parties to make temporary agreements to meet such problems. The Court, therefore, recommends that the parties should resume negotiations immediately on the basis for such an agreement. This should include the payment of flat-time for extra time worked at the sole discretion of the Nursing Officer (as suggested by the Union) and the temporary closure of a ward with consequent reduction of patient numbers in such a way as to avoid the Union's concern about possible overcrowding.
Signed on behalf of the Labour Court
Kevin Duffy
8th June, 1998______________________
C.O'N./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.