FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE NORTH EASTERN AREA - AND - IRISH NURSES' ORGANISATION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. 1. Allocation of Clerical Cover.
BACKGROUND:
2. The claim relates to the level of clerical cover to support front-line nurse/midwife managers at Cavan General Hospital. The Union is seeking clerical cover for eight identified areas as follows:
ICU/CCU
Childrens Ward
A&E
Theatre
Medical 2
Surgical 2
Day Ward
Endoscopy
The Union claims that it was informed by Management in August, 2001 that funding was available for 13 Whole Time Equivalent clerical posts, eight of these to be based in Cavan General Hospital. This did not materialise and only three clerical officers were provided. Management claims that the introduction of additional staffing was not possible given the existing controls of employment ceiling. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court on the 31st August, 2004 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held on the 2nd August, 2005, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. A review was jointly undertaken by Management and the Union in 2004 to review the existing clerical and administrative support in the hospital and to ascertain the viability of some redeployment to nursing front line. It was found that all clerical staff were fully occupied in the current roles and there was no scope for them to undertake other duties on a permanent basis. The review clearly pointed to the lack of clerical officers employed within the hospital.
2. The Commission on Nursing 1998 stated (Chapter. 7) that a ward sister or nursing officer should receive adequate support to ensure that both functions are effectively performed in the interests of the delivery of an efficient, effective, and high quality health service. Agreement was reached in 2001 that the Employer would provide eight clerical officers to Cavan General Hospital. This funding was approved as part of the implementation of the Commission on Nursing Report and finance was provided by the Department of Health and Children. However, the Employer allocated the money away from front line managers and instead put in place Grade V and Grade IV officers not linked in any with Cavan General Hospital or front line duties. As a result there is a significant deficit in the amount of cover available to clinical nurse managers within the hospital thus having a detrimental effect upon the service being provided.
:EMPLOYERS ARGUMENTS:
4. 1. The Employer received an allocation totalling €795,000 on an ongoing basis to fund the recommendations contained in the Report of the Commission on Nursing 1998. Based on the costing prepared by the Finance Department, this money was sufficient to recruit 43 Clerical Officers and 4 IT Support Officers. The Report stated that the purpose of the allocation was to aid front line nurse managers. Accordingly resources were allocated proportionately to the number of Clinical Nurse Managers across the Region. The Acute Hospital Services received a total of 17 Clerical Officer posts, the highest allocation of any service. The entire IT Support personnel were also deployed to the Acute Hospital Services. This was the maximum number of appointments allowable in light of the funding made available by the Department of Health and Children.
2. The Employer had intended to recruit additional resources above its initial allocation, and to seek funding in the subsequent year. However, nationally introduced employment control measures prevented this from happening. The Employer is experiencing both financial and staffing deficits across a range of services, including nursing and front line cover . The Employer must manage resources within its financial allocation. Management are not in a position at this time to allocate additional cover to Cavan General Hospital.
RECOMMENDATION:
The Court is of the opinion, having heard the submissions, that there was an agreement between the parties in 2001 on the proposed clerical staffing.
The Court recommends, in all the circumstances, that the Union's claim be conceded.
Signed on behalf of the Labour Court
Raymond McGee
8th August, 2005
tod______________________
Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.