FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH BOARDS (REPRESENTED BY THE HEALTH SERVICES EMPLOYERS' AGENCY) - AND - IRISH NURSES ORGANISATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr Rorke |
1. Nursing management sub-structures.
BACKGROUND:
2. The claim is for the introduction of a standard Management Structure in Bands 3, 4 and 5 hospitals. The claim seeks to establish a basic model for hospitals in Bands 3 and 4 where the budget is in excess of £1 million per annum, of one Director of Nursing (formerly Matron) and two Assistant Directors of Nursing (formerly Assistant Matron). In Band 5 hospitals, the claim seeks to establish the creation of a Ward Sister post to support the existing post of Director of Nursing. The second element of the claim relates to the filling of these newly graded posts by designation, in situations where long-term acting-up has occurred.
Under the "Blue Book" agreement in 1997, it was agreed that Director of Nursing posts in all Bands would become Monday to Friday, 39-hour week posts. As a result, the Unions felt that it would be necessary to set up a sub-structure of posts to cover in the absence of the Director, particularly at weekends. In a letter of the 10th of July, 1997, management proposed an allowance for those who would take charge at weekends/public holidays. The Unions rejected this proposal, believing that staff nurses who acted-up at the highest levels deserved more recognition than an allowance.
The dispute was referred to the Labour Relations Commission, and conciliation conferences took place on the 25th and 27th of August, 1997. It was agreed that further talks would take place. In a letter to the INO in October, 1997, management's position on two issues was as follows:-
1. There is justification for a small number of additional assistant matron posts in some band 3 hospitals, e.g., Bantry.
2. There is a need to regularise/consolidate a number of existing long
term acting up situations, e.g., St. Joseph's, Clonmel.
The Unions believed that management had agreed a basic sub-structure in Bands 3, 4 and 5 as follows:-
In addition to the Director of Nursing, the provision of two Assistant Directors of Nursing in Bands 3 and 4 (where the budget is in excess of £1 million) where two do not already exist. In Band 5 the creation of a Ward Sister post at those locations, where such a post does not already exist. Likewise, the Unions understood that the commitment in managements's letter to "regularise/consolidate a number of existing acting-up situation e.g., St. Joseph's, Clonmel" to mean the appointment of those in long term acting-up situations on a personal basis to the newly agreed positions.
Management, however, claims that the above was not agreed to, and the issues have been in dispute since.
The issue of the acting-up allowance was the subject of two Labour Court hearings. In LCR15770, the Court recommended an annualised allowance of £1,100. This was rejected by the Unions. In LCR16011, the Union sought that individual Staff Nurses or Ward Sisters should be paid at the rate of pay of the higher grade for every hour worked. The Court rejected this claim, but recommended an increase in the annualised allowance to £1,600.
In April, 1999, the Unions again made their claim, and the dispute was referred to the Labour Relations Commission. Two conciliation conferences took place in April and May, but, as the parties did not reach agreement, the dispute was referred to the Labour Court on the 23rd of September, 1999, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th of December, 1999.
UNIONS' ARGUMENTS:
3. 1. The sub-structures sought already exist in some of the institutions within Bands 3, 4 and 5. The Unions are seeking to establish a consistency for all hospitals. There is logic in both claims. A second Assistant Director of Nursing is required as the Director of Nursing no longer works weekends. A letter from the Western Health Board to the INO fully supports the claim for the Band 5 hospitals.
2. Management's reluctance to apply a uniform sub-structure to these Bands is inconsistent with the Commission on Nursing findings.
3. The structure has relied upon the goodwill of either Ward Sisters acting-up without recognition for absent Assistant Directors of Nursing or, in the case of Band 5, Staff Nurses acting-up in the place of a Director of Nursing, without recognition. In some cases, this has gone on for many years. In October, 1997, management gave a commitment to "regularise/consolidate in a number of existing long-term acting-up situations". It is the Unions' belief that the above sentence referred to persons being appointed by designation, not to posts.
BOARD'S ARGUMENTS:
4. 1. Significant sub-structures have already been put in place, in excess of the Unions' original claim. It is proposed to re-grade an average of 38 posts to CNM 2 level in Band 5 hospitals. These posts will be filled by public competition, which is the normal method of filling posts in the Health Board.
2. On July 10th, 1997, the INO, in correspondence to the HSEA stated "in those areas where there are no assistant matrons posts we have indicated our willingness to enter into negotiations on an allowance which would be payable to those who take charge at weekends". The Labour Court recommended an annual allowance of £1,100 and later increased it to £1,600.
3. In February, 1998, the Unions stated that not every Band 4 hospital would require a Director of Nursing and two Assistant Directors, but that some locations would. The Board have already put this structure in place in a number of locations.
4. Management has agreed to regularise/consolidate identified posts. By this it means the examination, assessment and regrading, if necessary, of identified posts, which will be filled by open competition. It is not within the remit of the HSEA or the Health Boards to "designate" people with posts. The Unions' claim would mean a Staff Nurse working in hospital administration moving to Assistant Director of Nursing grade, leapfrogging a wide number of promotional grades.
RECOMMENDATION:
The Court, having carefully considered the written and oral submissions made, and the discussions at the hearing, is concerned that a general recommendation covering all areas and all types of hospitals, including those of varying sizes, could result in anomalies arising across the Health Service.
The Court's concerns have been increased by the range and complexity of issues being raised in the correspondence between the parties over the last 3 months.
The Court, therefore, taking into account management's statement at the hearing that they would be in a better position to address the issues before the Court if local discussions were allowed to take place, recommends that discussions should take place at local level on this claim. The Court notes management's confidence that significant progress can be made at local discussions.
These discussions should be completed within two months of the date of this recommendation. Issues on which the parties fail to reach agreement can be referred back to the Court for a definitive recommendation.
Signed on behalf of the Labour Court
Finbarr Flood
20th March, 2000______________________
C.O'N./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.