FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NORTH WESTERN HEALTH BOARD - AND - IRISH NURSES ORGANISATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. A Promotional Superintendent CNM3 for night duty.
BACKGROUND:
2. A claim was lodged on behalf of the Nursing Alliance at St. Patrick's Hospital, Carrick-on-Shannon for an additional superintendent at CNM3 grade to cover night duty. The Unions maintain that there is a requirement for night managers. The board have rejected the claim on the basis that there is no requirement for the additional new post. However, the Board did make an offer to the Unions of an upgrading and an additional care assistant This was rejected by the Unions. The Board have now withdrawn the offer.
The dispute could not be resolved at local level and 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 on the 18th September, 2003 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th May, 2004.
UNION'S ARGUMENTS:
3.1 There are senior nursing management grades in St. Patrick's up until 8.30 most evenings, from that time onwards the most senior grade is staff nurse.
2. The Board has recognised the need for a nursing management role on night duty in St. Patrick's since 2000.
3. The Hospital has suffered due to the lack of an appropriate nurse manager grade over recent years, the necessity of this has been conceded.
4. The grade should be that of night superintendent having responsibility for all aspects of the service at night.
BOARD'S ARGUMENTS:
4.1 The creation of a CNM3 post on night duty would not have any impact on improving services to the patients.
2, The cost of conceding this claim would be €184,245 extra per annum. The Board does not have this money available.
3. The Board is precluded from agreeing to any claim under Clause 19.6 of Sustaining Progress.
4 The Hospital is a non-acute hospital providing services for older people.
5. There is no administration or management functions for a person of this grade on night duty at the hospital.
RECOMMENDATION:
It is accepted that there is a requirement for a nursing managerial role on night duty in St. Patrick's.
However, the Court is not satisfied that the level of managerial responsibility warrants the grading of CNM3.
The Court however recommends that the parties meet to discuss the management's offer in relation to converting a staff nursing post to a night sister post, with an additional care attendant, as a means of resolving this issue.
Signed on behalf of the Labour Court
Finbarr Flood
31st`May, 2004______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.