FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WEST - SLIGO GENERAL HOSPITAL - AND - 650 NURSES (REPRESENTED BY IRISH NURSES ORGAINISATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Improved staffing levels.
BACKGROUND:
2. Sligo General Hospital (SGH) is an acute Band 1 hospital with 318 beds and approximately 650 nursing and midwifery staff. There is a history of disputes regarding the acute Nurse staffing shortages within the wards and clinical areas which the Unions contend is as a result of non-replacement of vacant posts and those posts where the holder is either on long-term sick leave or maternity leave. Management suggested that closing Medical Ward 4 and the re-allocation of 15 Nurses to pressure points in front line services for a one month period could improve matters, but this plan was rejected by the Unions.
The dispute could not be resolved at local level and was the subject of two Conciliation Conferences under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 26th May, 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 27th May, 2009.
UNION'S ARGUMENTS:
3. 1. In order to provide safe standards of care addition nursing / midwifery staff must be employed immediately pending an independent review of staffing and skill mix at SGH.
2. It is acknowledged that the budget for SGH has been cut by €10 million for 2009, however it is clear that there are insufficient nurses and midwives available to ensure safe patient care.
3. It was only after serious reflection that the Union members reluctantly undertook industrial action with much regret.
COMPANY'S ARGUMENTS:
4. 1. The HSE rejects that there are clinical risk issues in SGH. The HSE is subject to the moratorium on promotions and recruitment of Nurses. Management also must operate within budgetary requirements as set down by Government.
2. The HSE is compliant with the National Agreement for the employment of student nurses.
3. The 37.5 hour working week for Nurses was introduced with the agreement of both Unions that there was no diminution in patient care.
RECOMMENDATION:
Having carefully considered the oral and written presentations made to it by the parties, the Court recommends as follows: -
There should, as a matter of urgency, be a review of nurse staffing levels carried out within the Hospital. This review should be based both on internal considerations and on external best practice within hospitals of an equivalent size.
The review should be carried out by an agreed expert. Should the parties be unable to agree on the person to carry out the review, they should agree on 3 nominations and forward these names to the Court, who will choose one to carry out the review. The review should be completed within four weeks of commencement.
The planned closure of Medical 4 ward should proceed. The staff should be reassigned to the areas of greatest pressure within the Hospital.
No further temporary staff nurses should be let go until the review is complete.
The offer by the HSE of alternative employment into PCCC areas of those of the 19 temporary staff nurses already let go and who are still available should be accepted by the Unions.
In the overall interest of patient care, it is vital that all parties should abide by all aspects of existing agreements, including the terms of the Framework Agreement on Dispute Resolution in the Health Service from this point onwards in processing any disputes between them.
Signed on behalf of the Labour Court
Raymond McGee
02/06/2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.