FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE NORTH EAST - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Terms & Conditions of employment of Community Registered General Nurses (CRGN's). Nurses on 8-hour contracts looking to have permanent hours increased to accord with actual hours worked.
BACKGROUND:
2. Community nursing services are organised around public health nursing areas. Since the 1960’s Public Health Nurses (PHN’s) have been the cornerstone of community based nursing services. PHN’s carry out a diverse range of nursing services (health promotion, disease prevention as well as caring services) responding to the needs of individuals, families and the community.
Community Registered General Nurse‘s (CRGN’s) also work in the community. These are qualified nurses who are registered on the General Register, maintained by An Bord Altranais. Some CRGN’s may also have a midwifery and / or other qualification.
In October 2002 the then NEHB commenced a conversion process whereby a set number of CRGN’s in each area would be made permanent on an 8-hour contract. It was envisaged that throughout 2003 and 2004 CRGN contracts would be upwardly adjusted to reflect the true hours they were working. The Union maintain that this never occurred.
The dispute 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 26th June, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th August, 2006.
UNION'S ARGUMENTS:
3. 1.Many CRGN's on 8-hour contracts have and continue to work well in excess of their contracted hours. This is in breach of Section 25 of the Flexible Working Agreement 2001 which statesinter aliathat"where there is any question of additional hours being required on a regular basis, the contracted hours of attendance should be reviewed and a revised arrangement providing for an enhanced level of contracted hours on a permanent and pensionable basis agreed."
2. The HSE-NE is the only region out of the 11 former Health Board regions not to comply with the December 2000 agreement for the conversion of CRGN's to permanency.
3. Since 2000 there have been 3 conversion processes within the NEHB allowing long term temporary staff to be converted to permanency. CRGN's have been excluded from this process.
MANAGEMENT'S ARGUMENTS:
4. 1. There is a dedicated budget available for CRGN's and that is the only flexibility Management has in increasing the current 8-hour permanent contracts.
2. The variability in hours worked by the majority of the CRGN's supports Managements' view that the nature of the contract beyond the 8 hours commitment is of a casual nature, based on service need and is consistent with the Flexibility Agreement signed up to by staff.
3. The Community Service requires an increase in both PHN's and CRGN's. However, despite repeated submissions for additional nursing resources, employment ceilings and strict budgetary controls have precluded the required increase.
RECOMMENDATION:
Having considered the submissions of the parties, the Court recommends that the HSE North East should, in accordance with Section 25 of the Flexibile Working Agreement of 2001, revise where applicable the permanent contracted hours of each of the claimants from the minimal level of 8 hours per week to an average of the hours worked weekly (excluding holidays) over a period of 2 years prior to 1st September 2006 and that this be accepted by the Union.
Signed on behalf of the Labour Court
Raymond McGee
28th August, 2006______________________
M G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.