FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MID WESTERN HEALTH BOARD (REPRESENTED BY HSEA) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Mr. Somers |
1. Acting Community Psychiatric Nurse posts.
BACKGROUND:
2. The dispute before the Court concerns a claim by the Union on behalf of two of its members to be recognised as Community Psychiatric Nurses (CPNs) and to be compensated for loss of earnings.
The workers concerned are employed by the Health Board in the North Tipperary mental health service.
The Union states that in 1991 the two workers replaced two CPNs and continued to carry out their duties. The Board states that the workers did not replace CPNs but accepts that they did carry out duties similar to CPNs for a short period leading up to the take-over of the mental health service in North Tipperary by the Mid Western Health Board which had been the responsibility of the South Eastern Health Board.
Local discussions could not resolve the issue. The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court under Section 26(1) of the Industrial Relations Act 1990. A Labour Court hearing took place on the 20th of September, 2000.
UNION'S ARGUMENTS:
3. 1. The agreement reached between the Union and HSEA stating that any nurse who was carrying out the duties of a CPN would be appointed as an acting CPN was not honoured.
2. The two workers concerned replaced two CPNs in 1991. They took on their case loads and continued to carry out the duties of a CPN.
3. The workers should now be recognised as CPNs and receive compensation for loss of earnings.
BOARD'S ARGUMENTS:
4. 1. The mental health service was reorganised in the Tipperary area. As a result of the changes the psychiatric nurse now works as part of a team.
2. In 1991, the workers were appointed as Registered Psychiatric nurses. They did not fill vacated CPN posts. They carried out duties similar to CPNs for a short period.
3. Management offered to compensate the workers for a six month transition period. This was rejected by the Union.
RECOMMENDATION:
Having regard to the range of duties performed by the two individual nurses in respect of whom this claim was made, the Court is satisfied that they should properly be classified as filling vacated CPN posts. They are, therefore, encompassed by the agreement made between the Union and the HSEA, and confirmed in the letter from the HSEA dated the 8th of September 1998.
The Court recommends that the two individual nurses be recognised as CPNs and that they receive the appropriate rate retrospective to September 1998.
Signed on behalf of the Labour Court
Kevin Duffy
12th October, 2000______________________
G.B./S.H.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.