FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTHERN HEALTH BOARD - AND - PSYCHIATRIC NURSES ASSOCIATION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Appointment of long-term temporary nurses.
BACKGROUND:
2. The dispute concerns the status of four psychiatric nurses employed on a permanent basis by the Southern Health Board in St. Stephen's Hospital, Glanmire, in the North Cork area. Prior to their appointment to St. Stephen's Hospital, the nurses were employed by the Health Board on temporary contracts in the South Lee and North Lee areas to fill vacancies in those areas. Phase I of the 1997 National Agreement on Pay and Conditions of Nurses, provided for the appointment of long-serving temporary nurses to permanent positions based on their temporary service. Phase I covered the period to June, 1996. Phase II, which covers the period to June 1998, was agreed on the 23rd of November, 1998. During Phase II all other recruitment and moves were frozen pending the completion of Phase I. During 1998, (following completion of Phase I and prior to agreement on Phase II), the Health Board advertised a number of permanent psychiatric nursing positions in St. Stephen's Hospital, North Cork. The Union claims that it advised the claimants not to apply for the positions, pending agreement on Phase II. It claims, however, that pressure was brought to bear by nurse management and that the claimants applied for the permanent positions and were successful. They were appointed to St. Stephen's Hospital, North Cork, and moved there at the end of August. The Board stated that the nurses must accept their assignments to St. Stephen's Hospital and then await their turn for a lateral transfer back to North Lee/South Lee. The Union claims that there is a precedent, under Phase I, where nurses in the North Lee and South Lee successfully applied for permanent positions in other areas but were allowed to remain in their own area. It asked the Health Board to defer the appointment of the claimants until Phase II was agreed so that the nurses could remain in their own area. The Health Board refused and the Union informed the Health Board that the nurses were accepting the positions under protest in recognition of the pressures on the Health Board in relation to vacancies and shortages in St. Stephen's Hospital. The dispute was referred to the Labour Relations Commission and a conciliation conference was held on the 24th of March, 1998. Agreement was not reached. The dispute was referred to the Labour Court by the Labour Relations Commission on the 1st of December, 1998. A Court hearing was held in Cork, on the 19th of May, 1999, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The four nurses concerned who were successful in the competition should be assigned to their services of origin i.e. North Lee/South Lee.
2. There is a history in the Southern Health Board of nurses applying for posts in an area distant from their locations and on being successful at interview were confirmed in their own post at their current location (details to the Court). There were twenty vacancies between North and South Lee and Nurse Management in North and South wanted to retain the four workers and made representation for their retention. At the very least any transfer should have been frozen pending the implementation of Phase II of the Temporary Nurse Agreement.
3. The workers were assigned without a regular roster and without any assurance of Sunday, Bank Holiday or Night Duty, i.e. without 22% of a staff nurse's normal earnings. They were effectively coerced into accepting the posts and were advised that if they did not accept the post they would never be appointed in the Southern Health Board. Hence their acceptance of the posts under protest.
4. The National Agreement specifically provided for appointments to the area in which the nurse accumulated his/her temporary service, although Phase II facilitates appointment within the Board where no vacancies are available in the nurse's normal place of work. St. Stephen's Hospital is predominantly a psychiatric hospital providing services to the elderly mentally ill. The North Lee/South Lee includes an acute psychiatric unit in University College Hospital, Cork and a range of other acute and high support services. The workers concerned were anxious to have access to experience in these areas.
5. Vacancies exist in North Lee (12) and South Lee (10). Lateral transfers are a feature of the service for many years. Even if the four nurses are assigned to North Less/South Lee it will still leave eighteen vacancies for future lateral transfers. The Board has a duty of care to their workers to give them the benefits of the National Agreement.
6. The four nurses had regular, normal premium assignments and earnings in North Lee and South Lee. They have been forced into rosters which have undermined their premium earnings (details to the Court). They should be re-assigned to their service of origin, North Lee and South Lee services.
BOARD'S ARGUMENTS:
4. 1. The four workers concerned applied for posts in St. Stephen's Hospital, Glanmire, which suffered severe staff shortages and which was the subject of a potential dispute because of these shortages. The dispute was the subject of a Labour Court investigation and recommendation (LCR 15891 refers). A key element of the recommendation was the immediate filling of permanent and temporary vacancies. The four workers were successful and were appointed permanently to posts in this hospital. They took up appointment in July/August 1998. The Phase II conversion process agreement was completed in late 1998, on a national basis between the Health Services Employers Agency and the Alliance of Nursing Unions for the qualifying criteria for this process. As the four claimants were the holders of permanent posts the terms of the conversion process did not apply.
3. Traditionally, there has been a facility for nurses at the grade of staff nurse to transfer between catchment areas. Recently, the Southern Health Board has concluded a lateral transfer policy with the Staff Associations. The four claimants were eligible to apply before 13th of November, 1998 - the closing date for applications for this scheme. The four workers did apply and are on the lateral transfer list. however, they cannot be placed at the top of the list ahead of other nurses also seeking transfer.
4. The Board see no merit in the claim for the retrospective application of the Phase II qualifying criteria. It is the Board's contention that the four claimants applied for advertised vacant posts in the full knowledge that the Phase II conversion process discussions had not even commenced.
RECOMMENDATION:
The Court is satisfied that while a practice had existed allowing some people who were promoted from one area, to remain in their current area, the position was clearly outlined to the claimants in this case - that they would be required to transfer if appointed.
The Court, therefore, does not recommendation concession of the claim.
However, the Court noting the statements made by the PNA representatives in relation to the seniority for transfer list recommends that their claimants be given priority over other PNA on the request for transfer list, by agreement.
Signed on behalf of the Labour Court
Finbarr Flood
11th June, 1999______________________
T.O'D./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.