FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE SOUTH - AND - IRISH NURSES AND MIDWIVES ORGANISATION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Implementation of Circular HR13/2008.
BACKGROUND:
2. The issue before the Court concerns a claim by the Irish Nurses and Midwives Organisation (INMO) that the Health Service Executive (HSE) South has "refused to implement HSE Circular HR 13/2008 with retrospection for 11 nurses, one of whom is retired."
The issue arose initially in 2005 when the INMO initiated a claim for upgrading of named Pre-School Officers in Cork and Kerry. In February 2006 a Labour Court hearing took place following which the Court recommended that the issue should be addressed on a national level. A series of meetings took place between the parties and in April 2008 the INMO accepted the settlement as a national settlement. Circular HR13/2008 was published and circulated as a national circular. There were no stated exemptions.
In June 2008 the INMO approached the HSE for implementation of HR 13/2008 for its members. A meeting took place but no progress was made.
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 30th June, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 26th February 2010.
UNION'S ARGUMENTS:
3. 1.The Union contends that all post holders were substantive Public Health Nurses. They competed and interviewed internally for the position and were appointed.
2.The Union maintains that the Pre-School Inspectors meet the eligibility criteria for both LCR18522 and Circular HR13/2008 on the basis that they are office holders and have had the power to inspect pre-schools conferred on them under statute by the Employer, the unitary Employer, the HSE.
3.All that is between the Union and the Employer is a refusal by the HSE to accept that the posts of Pre-School Inspector / Pre-School Officer are one and the same and to apply to them the complete terms of HR13/2008.
MANAGEMENT'S ARGUMENTS:
4. 1. In considering the application of the national agreement set out in HSE Circular HR13/2008 in respect of Cork and Kerry, HSE South deemed that the identified Public Health Nurses who work in the pre-school area were not appointed to designated and approved pre-school officer posts.
2.Management maintains that for this reason the staff members concerned did not meet the qualifying criteria of the aforementioned national agreement and, therefore, did not qualify for a revised job description and a regrading to Assistant Director of Public Health Nursing level.
3. Management contends that there is no national agreed eligibility criteria for the post of Pre-School Officer and that the agreement with the INMO as set out in HSE Circular HR13/2008is applicable to Public Health Nurses only who are appointed to the post of Pre-School Officer.
RECOMMENDATION:
The Court is satisfied that the work carried out by the Public Health Nurses involved in this claim is substantively the same as that carried out by the comparators cited and that they are therefore properly encompassed by LCR18522 and by extension entitled to be covered under HSE HR Circular 13/2008.
The Court therefore recommends concession of the Union's claim.
Signed on behalf of the Labour Court
Brendan Hayes
8th March, 2010______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.