FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Upgrading from CNM1 level to CNM2
BACKGROUND:
2. There are 20 Day Care Co-ordinators working with older people at Day Care Centres spread across counties Cork and Kerry, originally the nurses that ran these centres were graded as staff nurses. A claim for upgrading to CNM2 was first served in November, 2001 in light of the upgrading of colleagues in other Health Boards at the time. In 2004 the nurses were offered and they accepted an upgrade to CNM1, the Southern Health Board indicated that they would be prepared to revisit the original claim for upgrading to CNM2 in the future. In May 2006 the claim was reactivated by INO but without success.
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 dispute was referred to the Labour Court on the 17th October, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd December, 2008.
UNION'S ARGUMENTS:
3. 1. The HSE has failed to honour its assurances given in January 2004 to revisit the claim, instead they now believe it to be precluded under T2016 and Sustaining Progress.
2. The job description of Day Care Co-ordinators is identical to comparators in other parts of the country where grading is at CNM2 level, with some minor exceptions.
3. The HSE has failed to act on its responsibility as a unitary employer, the INO respectfully suggests that the claim be granted and retrospection should be awarded back to November, 2004.
COMPANY'S ARGUMENTS:
4. 1. There are no standard terms and conditions of employment or national job description for the grade of Day Care Co-ordinator in the HSE. Standardisation will be introduced as part of the Human Resource Strategy soon to be implemented as part of the HSE transformation Programme.
2. Currently there is no national co-ordinated approach to the delivery of services in the Day Care Centres, each area has developed according to local needs and patient service priorities. This has resulted in a variation of grade levels throughout the HSE.
3. In its current configuration Management are satisfied that the Day Care Co-ordinator grade is at the appropriate CNM1 level and any upgrading is prohibited under T2016.
RECOMMENDATION:
The Court notes that in its letter of 12th March, 2004 the former Southern Health Board accepted that the Union could reactivate its claim for a regrading of the staff concerned to CNM2 in the future. However that acknowledgment of the Union's right to process the claim did not imply that it would be conceded.
Nevertheless the Court accepts that as a general principle staff engaged in similar duties should be similarly graded. However, it is not appropriate that this issue should be addressed at a local level. Rather the issue of standardisation in respect to these grades, together with the timing and means by which it could be brought about, should be discussed between the HSE and the relevant Unions at national level.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Duffy
16th December, 2008______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.