FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSEA - AND - PNA DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Application Of Community Allowance
BACKGROUND:
2. The dispute before the Court concerns the Union's claim for the application of the Community Allowance to Clinical Placement Co-ordinators (CPC's). The grade of CPC was introduced in 1994. The Union submits that it is a 5 day, Monday to Friday position, the same as Psychiatric Nurses who are entitled to the allowance. The claimants are predominantly community based and therefore should be in receipt of the allowance. The Union further points to the fact that in a number of other cases the Community Allowance is paid. The Company argue that unlike CPC's, the Psychiatric Nurses previously had access to weekend premium earnings that they lost access to this due to the move from a hospital based setting to a community based setting. Therefore, CPC's are not entitled to the allowance.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement could not be reached, the dispute was referred to the Labour Court on 26th June, 2007. A Labour Court hearing took place on the 20th September, 2007.
UNION'S ARGUMENTS:
3. 1 The argument that CPC is a new grade and therefore is not entitled to benefit from the Allowance is unsound when taking into account that the similarly new grade of CNM 3 does have an entitlement to the Community Allowance. Both emerged in Psychiatry at the time of large scale communisation. Both are predominantly rostered on a Monday to Friday basis.
2 Most former Health Boards have paid the Community Allowance to CPC's. CPC's are graded at Clinical Nurse Manager 2 level and are the only grade at this level denied payment of the Community Allowance.
3 The Allowance was paid to compensate the employees facilitating the move to the community who were taking on new roles and effectively filling new posts as they differed completely from the hospital regime and in doing so lost money and hence the necessity for the application of the allowance. Those employees filling CPC posts were no different.
COMPANY'S ARGUMENTS:
4. 1 The grade of CPC was introduced in 1994. Since then, with the sole exception of two CPC's employed in the Mental Health Service of the former Health Board, CPC's have worked on a Monday to Friday roster. The Monday to Friday roster applies across the three divisions of nurse training in General, Psychiatric and Mental Handicapped nursing.
2 The CPC is a promotional grade with a salary set at Clinical Nurse Manager 2 level. Terms of Office for the post of CPC state that a Monday to Friday roster applies.
3 The majority of CPC's continue to be based in centres of Nurse Education on the hospital campus. However some are based in the community. The fact that some are based in the community does not in itself fulfil the criteria for payment of the community allowance, as those CPC's have not suffered any loss of earnings as a result of a change of location. CPC's have suffered neither a loss of premium earnings nor a loss in lump sum or pensions by moving to community services.
RECOMMENDATION:
The matter before the Court concerns the Union’s claim for the application of the “Community Allowance” to Clinical Placement Co-ordinators (CPC’s). The Union clarified at the outset that while there were 14 CPC’s directly involved in this case, the claim was on behalf of the grade of CPC’s in general.
The Union submitted that Psychiatric Nurses who are permanently transferred and working in a 5 day Monday – Friday setting are entitled to the Community Allowance. It stated that the claimants work a Monday to Friday roster and are predominately community- based and consequently they should be in receipt of the Allowance. It also pointed out that in a number of cases the Community Allowance is paid to CPC’s, but not to all.
Management on the other hand stated that the payment of the Community Allowance is restricted to very specific circumstances and in any event the grade of CPC does not attract the Allowance, principally because from the outset it is a Monday to Friday operation and therefore no premium payments apply. Management explained that the Allowance becomes applicable to Psychiatric Nurses for the loss of their premium payments when they are required to transfer from a Hospital setting to community-based services. In community-based services nurses are required to operate day hours, Monday to Friday, and therefore, no premium payments apply.
Having considered all aspects of this claim, the Court understands that some CPC’s are in receipt of the Allowance and others are not. This anomaly arises as some CPC’s were in receipt of the Allowance prior to their promotion to the grade of CPC and in accordance with policy, continue to hold that Allowance, while others operating in Hospital settings with premium payments lost those payments when they were promoted to the grade of CPC.
The Court is satisfied that the conditions for application of the Community Allowance are very clear and it does not apply to the grade of CPC, except in the circumstances described above –“what you have you hold”. Accordingly, the Court does not find in favour of the Union’s claim.
Potential applicants for CPC position should be made fully aware of the position.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd October 2007______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.