FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - PSYCHIATRIC NURSES ASSOCIATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. 1. Relocation allowance for all Staff Relocating. 2. New management structure Cluain Fhionnain Intellectual Disability Unit, Ballydribeen: (a) Replacement of 2 CNM2 day posts with 2 Nursing Posts (b). Replacement of 1 CNM2 Night Post with Nursing Post (c) Loss of earnings claim vis-a-vis Night Cover (SIPTU and PNA)
BACKGROUND:
2. The case involves the closure of St. Finan's Hospital, Killarney, and the provision of replacement services in the current sectors. The existing complement of staff in the Hospital will be relocated/redeployed to the replacement services in Killarney. The only facility opened to date where staff can relocate to is Cluain Fhionnain, Ballydribeen, which comprises two 15-bed buildings and is located approximately one third of a mile from St. Finan's. All staff who moved there received a relocation allowance of €2945. The Unions are seeking the same payment for the remaining staff in St. Finan's who are due to move to Cluain Fhionnain but management has refused to pay.
Currently Cluain Fhionnain has a complement of three Clinical Nurse Managers 2 (CNM2), two on day duty and one on night duty to cover a 7-day week. Management proposes replacing the CNM2s on each duty with Staff Nurses.
Management believes that the current practice whereby 19 CNM2s rotate on a 2-weekly basis for the purpose of night duty in Cluain Fhionnain does not reflect best practice and is no longer sustainable. If management's proposal above takes place there will be no need for the 19 staff to continue with the night duty rotation. The Unions see this as a loss of earnings for the 19 staff involved.
The dispute was referred to the Labour Relations Commissions and a conciliation conference took place. As the parties did not reach agreement the dispute was referred to the Labour Court on the 9th March, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th March, 2009, in Limerick.
UNIONS' ARGUMENTS:
3. 1. All staff who have relocated in the past from St. Finan's have received the €2,945 allowance and it is only fair that the remaining staff should receive the same.
2. The current staffing structure is at the appropriate level and is necessary to ensure the provision of a quality service. Comparable facilities in the HSE have a higher number of CNM2 posts than Cluain Fhionnain.
3. CNM2s have rotated on night duty for many years. Cutting this post in Cluain Fhionnain as management proposes will mean CNM2s being less experienced in the different aspects of the service and also a loss of earnings of approximately €1600 per year each for those affected.
HSE'S ARGUMENTS:
4. 1. Given the current financial situation in the HSE it is management's position that paying a relocation allowance is no longer sustainable or necessary in the delivery of modern health service. It is part of normal ongoing change.
2. The current overall staffing levels will be sustained within the unit at Cluain Fhionnain. The new structure will not result in any loss of promotional opportunities for the existing staff.
RECOMMENDATION:
Having considered the submissions put to it by the parties, the Court recommends as follows:
Relocation Allowance:The Court recommends that in regard to the case here outlined to it, this claim should be conceded in this instance.
New Management Structures/ Loss of Earnings:The Court recommends that the parties should continue negotiations on these matters to finality.
Signed on behalf of the Labour Court
Raymond McGee
17th April, 2009______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.