FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTH EASTERN HEALTH BOARD - AND - IRISH NURSES' ORGANISATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Staffing Levels.
BACKGROUND:
2. St John's Hospital and Ely Hospital are run by the South Eastern Health Board and are located at Enniscorthy, Co. Wexford. They provide care for approximately 180 elderly patients.
In April, 2000 an independent review on staffing at the hospitals was carried out. The report, which issued in June, 2000, identified a staff shortage at the hospitals and concluded that an additional 22 nursing and 22 non-nursing staff were required to provide an adequate standard of care. Twelve and a quarter Whole Time Equivalent (WTE) posts were provided by the Board in July, 2000. No new posts were provided in 2001.
The Unions are seeking the provision of the full complement of 44 new posts as recommended in the review. Local discussions could not resolve the issue. The dispute was the subject of two conciliation conferences under the auspices of the Labour Relations Commission held on the 27th of June, 2001 and on the 21st of September, 2001. As agreement was not reached, the dispute was referred to the Labour Court on the 25th of September, 2001 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd of October, 2001.
UNIONS' ARGUMENTS:
3. 1. A major staff shortage exists in the hospitals concerned. This puts staff under undue pressure to ensure that the minimum standards of care are provided for the patients.
2. The review provides a solution to the staffing problems which have been ongoing since the 1980's and should be implemented.
3. The Unions are seeking the phased implementation of the review on the following basis:-
3.5 WTE Nursing Posts and 2.5 WTE Non-Nursing posts with immediate effect
7 WTE Nursing Posts and 6 WTE Non-Nursing posts from January, 2002
7.25 Nursing Posts and 5.5 WTE Non-Nursing posts from June, 2002.
BOARD'S ARGUMENTS:
4. 1. It was agreed at conciliation to request funding from the Department of Health and Children for an additional 3.5 nursing posts and 2 non-nursing posts. The request was refused.
2. The implementation of the review is subject to the provision of adequate funds by the Department of Health and Children.
3. The Board does not have funding to meet the Unions' demands in the current year and is not in a position to make any commitments for 2002 until notified of the financial allocation for 2002 by the Department of Health and Children.
RECOMMENDATION:
The Court considered all the arguments put forward by both sides and is of the view that there is a necessity for both sides to meet to discuss the Brady Report in an effort to set out a schedule for implementation of the additional posts as recommended by the report which indicated that there is a serious shortage of staff in certain areas.
The Minister for Health and Children has assured the Unions that every effort would be made to implement the report. At this point, due to its non-implementation, the Unions have been on the brink of taking industrial action. Similarly, the Board has been making every effort to implement the report, but due to financial constraints has been unable to progress to the Unions' satisfaction. It is regrettable that when such a report is commissioned, with all its consequent expectations, that sufficient resources are not put in place to ensure its implementation in an orderly fashion. Failure to do so leads to a deep sense of frustration and a diminution of good will towards management.
Therefore, the Court recommends that such discussions should take place, with both sides working in a genuinely constructive manner and should be free from any threats of industrial action. If requested by both sides, an industrial relations officer may facilitate such discussions which will examine all aspects of the report and must be completed by the 20th of November, 2001.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd October, 2001______________________
G.B./C.C.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.