FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST BRIGID'S HOSPITAL BALLINASLOE (REPRESENTED BY HSE WEST) - AND - PSYCHIATRIC NURSES ASSOCIATION AND SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Whether HSE proposals for the development of services within East Galway Mental Health Services are in accord with T16 and Vision for Change.
BACKGROUND:
2. This case concerns a dispute between the Psychiatric Nurses Association, (PNA) and Services Industrial Professional Technical Union (SIPTU) and St Brigids Hospital Ballinasloe (represented by Health Service Executive West) (HSE) West in relation to proposed closures of
mental health therapy units at the Hospital and the re-deployment of nurses to other areas within the Hospital.
The Union's position is that the closure of the units will reduce the quality of patient care and that management have acted unilaterally in relation to the closures. Management's position is that agreement on the closure of the units was previously reached and that nurses were compensated for their co-operation wth the proposed change at the time. Management further contend that its intentions are fully compliant with National Wage Agreements and the "Vision for Change" Report of the Expert Group on Mental Health Policy.
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 was not reached the matter was referred to the Court on 18th February 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 26th March, 2008.
UNION'S ARGUMENTS:
3 1 Arrangements were put in place to provide funding for additional staff numbers during the transitionary period. Managment subsequently attempted to withdraw the additional resources and to reduce nursing staff to below the agreed levels.
2Management are operating outside the terms of National Wage Agreements in relation to the proposed changes. They are seeking to unilaterally close much- needed units in the hospital which will negatively affect the quality of services available.
3 The Union's claim to have Management engage in discussions on the issues in dispute is entirely reasonable. It is unacceptable that staff be treated in such a way. Discussions must take place on the required numbers for the new East Galway Services and on the prevention of the closure of the Therapy Units.
MANAGEMENT'S ARGUMENTS:
4 1 Management are fully compliant with the provisions of National Wage Agreements and the"Vision for Change" Report of the Expert Group on Mental Health Policy.
2 It was previously accepted and agreed between the parties that the closure of certain units and the transfer of services to the community was necessary going forward. Nursing staff have already been compensated for co-operation with the proposed changes.
3 Management have no option but to implement the changes based on the financial constraints of running the service. It must deploy its nursing staff resourcs in the most effective way possible.
RECOMMENDATION:
Questions relating to the provision of mental health services are outside the remit of the Court and it cannot be expected to express any view on the appropriateness or otherwise of the Management’s proposals for the development of the service in East Galway. The Court’s role is to consider the industrial relations implications of the proposals and their impact on the conditions of employment of affected staff.
The Unions contend that an agreement exists for the provision of additional staffing to accommodate the proposed reorganisation of mental health services. That agreement was made in 2004 but it appears that sanction was not given for its implementation. Management now say that the need for extra staffing no longer exists.
The Court believes that further discussions are needed so as to determine the current staffing requirements of the restructured service. These discussions should be under the auspices of the Industrial Relations Partnership Forum. The Chairman of the Forum should be asked to facilitate these discussions.
In order to allow this process to take place the implementation of the proposal to reorganise therapy services should be deferred for three months from the date of this Recommendation.
If the question of staffing levels is not resolved by that time it may be referred back to the Court for a definitive Recommendation.
Signed on behalf of the Labour Court
Kevin Duffy
16th April 2008______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.