FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST. JAMES'S HOSPITAL - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Shift patterns for a group undertaking a postgraduate Diploma Course in Intensive Care Unit (ICU) /Coronary Care Unit (CCU) nursing.
BACKGROUND:
2. This claim relates to a group of Staff Nurses undertaking a postgraduate course in ICU/CCU nursing who are seeking to have their shift patterns changed for the duration of the course. The course runs from October to October and the current year 2004/2005 is the final year the course will run in its current format as a combined course. From October 2005 there will be two separate courses to cover the two specialities.
The Union on behalf of its members are seeking a change from the current roster of five days (7.8hrs/day) attendance to three day attendance(12 hrs/day) per week and four days a week once a month. This change has been rejected by the hospital management.
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 16th September, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th January, 2005.
UNION'S ARGUMENTS:
3. 1.The nursesare all experienced ICU nurses. They are employed for 39 hours a week and regardless of attendance pattern they will be exposed to the clinical area for that number of hours.
2.Consideration has to be given to the fact that three consecutive groups undertaking the course have requested a change in attendance pattern as the five day attendance is affecting their work/study pattern.
3. The requested change in attendance pattern will not affect the ability of the nurses to be safe and competent practitioners.
MANAGEMENT'S ARGUMENTS:
4. 1. It is the view of the course assessors that an increase in the number of long days would reduce the level of clinical exposure and learning opportunities that students receive.
2. Management have not ignored the requests of students and have made compromises. Long days are granted over Christmas and New Year in addition to two weeks of night duty and two weeks placement on the High Dependency Unit on long days.
3. The students who are currently on the course had full knowledge of what the hours on offer were.
RECOMMENDATION:
In the view of the Court, a greater degree of consultation could have taken place regarding the concerns expressed by nurses taking the joint ICU/CCU course since 2002.
In regard to the 2004/2005 course the Court recommends that the parties meet as soon as possible to agree and implement an increase in the number of Long Days available to the students concerned for the remainder of the Course, without significant effect on Clinical Exposure.
The parties should also ensure mutually satisfactory rostering and time off arrangements for the new courses in CCU and ICU being initiated in Autumn of 2005, and on which the Hospital has proposals to make.
Signed on behalf of the Labour Court
Raymond McGee
17th January, 2005______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.