FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE EMPLOYERS AGENCY - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Re-instatement of arrangements relating to the transfer of pre-registration nursing education to the third level sector
BACKGROUND:
2. In February/March, 2002, agreement was reached between the Department of Health and Children, the Health Service Employers' Agency and all Voluntary Hospitals on behalf of health service management, and the Irish Nurses Organisation and other Unions representing nurse teachers, on all issues arising from the decision, taken by government, to transfer pre-registration nurse education in general, mental handicap and psychiatric nursing to the third level education sector.
Essentially the agreement provided nurse teachers with three options as follows:-
(i).transfer, through assimilation without competition, into a lecturer post in a partnership college/Institute of Technology;
(ii) if over 50 years of age the facility to retire, with added years, on the early retirement/voluntary redundancy scheme available in stated situations within the public service;and
(iii) transfer to Centres for Nurse Education which were to be established, under agreed conditions and at agreed locations.
In August, 2002, all eligible teachers exercised their choice with regard to their preferred option. The Union's case is that from early 2003 it became apparent, following a review of the centres, that health service management had not introduced the necessary boards of management, staffing structures and funding arrangements which were required to allow the centres to perform as expected. The Union sought discussions with the HSEA but claims that, although management admitted shortcomings, no progress was made
In November, 2004, there was a proposal from management that a further review would be undertaken, particularly within the Eastern Region Health Authority (ERHA). However, the Union claims, that it has not, to date, seen the resulting recommendation / report. The Union made a claim which would allow its members, who had chosen in 2002 to work in the centres, to revisit their options.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 19th of January, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th April, 2006.
UNION'S ARGUMENTS:
3. 1. Management, by its own admission, has not honoured its part of the original agreement and has not, therefore, put in place boards of management, staffing structures, reporting relationships, funding arrangements and annual service plans which would allow the centres to operate in a manner reasonably expected by the teaching staff who chose to move to the centres in 2002.
2. The result of management's failure is that teachers, with years of experience, have been made to feel marginalised and isolated. They should be allowed the chance of revisiting the options made available to them in 2002.
EMPLOYER'S ARGUMENTS:
4. 1. Whilst acknowledging that there have been problems, management is satisfied that significant effort was made and success achieved in the context of addressing all components of the 2002 agreement.
2. All centres were established, are operating, and carry out the role and functions as originally prescribed. There is clear evidence that the Boards of Management have been established and meet regularly. Directors were assigned to each of the centres.
3. The employer does not consider it feasible that the options of transferring to the third level sector or early retirement / redundancy can be revisited for the group of teachers involved. Should this happen the role and functions of the centres will become redundant
RECOMMENDATION:
The case before the Court concerns the Union’s claim for the restoration of the options for nurse teachers contained in the 2002 Agreement onArrangements Relating to the Transfer of Pre-registration Nursing Education to the Third Level Sector. The options available to nurse teachers in the 2002 Agreement were:
•To transfer to an affiliated third level institution, into a lecturer post through assimilation and without competition.
•To avail of an early retirement/voluntary redundancy option.
•To remain within the health service through the Centres of Nurse Education.
The Commission on Nursing recommended the establishment of the Centres of Nurse Education to provide a range of educational and training services to nurses in the health services, and to have a key role in supporting and developing staff in the clinical area to which nursing students are assigned.
The Union stated to the Court that from early in 2003 it became apparent that health service management had not introduced the necessary Boards of Management, staffing structures and funding arrangements which were required to allow the centres perform the expected and previously promised range of functions. Throughout this period the staff continued to maintain the services of the centres of Nurse Education. The Union stated that it sought to address these shortcomings with the HSE Employers Agency but, due to the lack of response, decided to submit the claim before the Court today.
The Court has carefully considered both the oral and written submissions of the parties. In pursuance of the implementation of the 2002 Agreement, the Court notes the commitment of the HSE Employers’ Agency to honour and discharge its obligations in full under the 2002 Agreement with respect to the Centre of Nurse Education established under it.
To address the claim before it, the Court recommends that the Union should clearly identify its concerns regarding the “shortcomings” of the centres of Nurse Education, in writing to the HSE Employers’ Agency, within three weeks of the date of receipt of this Recommendation.
Furthermore, the Court recommends that the 2002 Agreement with respect to the centres of Nurse Education be implemented in full and that the Union’s stated concerns regarding, but not necessarily limited to, such matters raised at the hearing as funding, staffing, reporting relationships, structures, and the Boards of Management be appropriately addressed within six months of the date of this Recommendation. Any residual issues arising may be referred back to the Court.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
27th April, 2006______________________
CON/MBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.