FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE (WEST) - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Director of Nursing Post
BACKGROUND:
2. The case refers to the non-replacement of the Director of Nursing (DON) post at the Rock Hospital in Ballyshannon. The Hospital has 33 beds which cater for long-stay patients, many of whom have transferred from the nearby Sheil Hospital. It is proposed that there will be a merger of the two Hospitals in the future. The DON retired in February, 2006, and it was decided by management to replace her with a Clinical Nurse Manager 3 (CNM3) who would report to the DON at the Sheil Hospital. The Union is unhappy with the decision and is seeking that the post at the Rock Hospital should be filled at DON level.
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 1st of March, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th of June, 2007, in Donegal.
UNION'S ARGUMENTS:
3. 1. The post existed as a DON post following the Commission on Nursing Report. The advertising and appointment of a CNM3 grade is an unacceptable downgrading of the post and is, in effect, a breach of this agreed document.
2. The Rock Nursing Unit is recognised as a Band 5 hospital. Nine of eleven other hospitals in the Donegal area which are fulfilling a similar role have a DON at either Band 4 or 5.
HSE'S ARGUMENTS:
4. 1. Because patients are long-stay there is little throughput at the Rock Hospital in comparison to the other ten community hospitals in Donegal (the HSE supplied details of activity levels in the eleven hospitals for the years 2005/2006).
2. The HSE has a responsibility to manage resources in the most effective and efficient manner. In this instance management viewed it as more appropriate to fill the vacancy at CNM3 level due to the activity levels at the Hospital.
RECOMMENDATION:
It is clear to the Court that the Report of the Commission on Nursing, which had being accepted by the parties, provided for the appointment of a Director of Nursing in Band 5 Hospitals
In the context of the already flagged proposed merger of the Sheil and Rock homes, the Court considers that issues such as in this case should be discussed in the wider national context within the parameters of the Health Service National Joint Council.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
9th July, 2007______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.