FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : PEAMOUNT HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Upgrading.
BACKGROUND:
2. The Union's claim is for two night sister nurses, currently grades as Clinical Nurse Manager 2 (CNM 2) to be regraded to Assistant Directors of Nursing (ADON).
The Union claims that Peamount Hospital is graded as a Band 2(a) hospital by the Department of Health and Children. There are five categories or Bands ranging from 1 to 5, with Band 1 being the largest hospital such as St. James, and Band 5 being the smallest e.g. Maynooth Community Unit. Management maintains that Peaumont is Band 3 and that the claim is not justified.
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 30th of January, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 26th of April, 2006.
UNION'S ARGUMENTS:
3. 1. During daytime hours the nursing management structure is:- Director of Nursing, 2 ADON's, 2 CNM 3 posts plus a CNM 2 and CNM 1 post. However, at night there is only one CNM 2 (night sister) who has total responsibility for the entire hospital complex. There is a staff nurse in each ward also.
2. All hospitals in Band 3 category currently have an ADON grade in charge at night time. The same applies to all Band 2 hospitals without exception. It is unfair that the two night sister nurses concerned should be treated differently as they are clearly incorrectly graded.
HOSPITAL'S ARGUMENTS:
4. 1. Peaumont Hospital is a Band 3 category non-acute independent voluntary organisation. Traditionally, the Hospital has an acute medical ward but with the transfer of the TB service to St. James' Hospital it is now non-acute, resulting in less activity at night. It is not comparable to other Band 3 acute general hospitals.
2. There is no comparison between the functions and duties of the ADON's and the night sister roles, (details of the two roles were supplied to the Court).
3. The claim is cost increasing and is outside the terms of benchmarking andClause 19.6 of Sustaining Progress.
RECOMMENDATION:
The case before the Court concerns a claim by the Union on behalf of two nurses currently graded as Clinical Nurse Manager 2 who are rostered for night work to be regraded as Assistant Directors of Nursing (ADON).
Having examined the detailed submissions of both sides, the Court is of the view that, taking account of the size of the Hospital, the role of the two nurses involved in this claim closely resembles the job of the Night Superintendent grade. Therefore, taking account of recent developments in this area which were drawn to the Court’s attention, the Court recommends that the parties should meet to discuss the appropriate grade for this role i.e. whether the appropriate grade should be CNM 3 or ADON consistent with the Hospital’s banding definition.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th May, 2006______________________
CON/MBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.