FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE (HSE) - NORTHERN AREA - AND - PSYCHIATRIC NURSES ASSOCIATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Compensation / transfer of staff from St. Brendan's Hospital to James Connolly Memorial and for those remaining at St. Brendan's.
BACKGROUND:
2. The case concerns the transfer of acute psychiatric services from St. Brendan's Hospital to Connolly Memorial Hospital. and involves nurses. The specific case relates to the nurses who will remain in St. Brendans (approximately 125) and also to a number of nurses (22) who will relocate internally at Connolly Hospital from the psychiatric unit to a new acute services unit. Nurses who relocated from St. Brendan's to Connolly Hospital received compensation. The Union believes that the nurses involved in the claim should also be compensated. The HSE's case is that the claim is cost-increasing and is precluded under the terms of Sustaining Progress (S.P.).
The case 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 10th of November, 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in Limerick on the 19th of January, 2006.
UNIONS' ARGUMENTS:
3. 1. Discussions on the transfer from St. Brendan's Hospital have been ongoing for almost 20 years, and pre-date the various National Agreements. During that time the Hospital has been the subject of three 5-year closure plans.
2. The claimants are faced with an uncertain future and continue to work in facilities which are increasingly "run down". The working environment is extremely difficult as they work with very disturbed patients who cannot be accommodated in the acute units.
3. Nurses who remain in St. Brendan's will find themselves with limited career opportunities with no access to acute or community nursing.
4. The 22 nurses have worked in a small acute unit in Connolly Hospital for a number of years. In LCR 17825 the Unions made a claim on behalf of general nurses and the Labour Court recommended one additional day's leave. The 22 claimants continue to work in deteriorating working conditions and a generally unsuitable and unsafe environment. They deserve far greater compensation than one day's additional leave as per LCR 17825.
HSE's ARGUMENTS:
4. 1. The claims are precluded by Section 19.6 of S.P. All the claimants have received substantial payments under Benchmarking and S.P. Co-operation and flexibility are an integral part of these deals.
2. The management / Union agreement provides for open, transparent and fair selection process for all St. Brendan's nurses. There can be no justification for compensating nurses who are not required to move.
3. In line with all Connolly Hospital staff, nurses working in the existing psychiatric unit have already received the benefits of LCR 17825 in respect of disturbance and relocation to the newly built hospital on site.
4. Concession of either claim would have serious knock-on implications.
RECOMMENDATION:
Having considered the views of the parties expressed in their oral and written submissions, the Court does not concur with the Unions' view that the implications of the transfer of psychiatric services from St. Brendan's Hospital to James Connolly Memorial Hospital (JCMH) can be considered as exceptional circumstances warranting compensation payments for those remaining in St. Brendan's and those currently employed in the Psychiatric Unit in JCMH.
Furthermore, the Court concurs with management's view that the changes envisaged are consistent with the modernisation and flexibility agenda contained in Sustaining Progress and the Report of the Public Service Benchmarking Body.
Therefore, the Court does not recommend in favour of the Unions' claim for a compensation payment in addition to the benefits already awarded under the terms of Labour Court Recommendation No:17825.
Signed on behalf of the Labour Court
Caroline Jenkinson
30th January, 2006______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.