FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE WEST - AND - IRISH NURSES' & MIDWIVES' ORGANISATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Implementation of Agreement with regard to Staff Nurse replacement for Student Nurses/Midwifes.
BACKGROUND:
2. This case concerns the replacement of Student Nurses when they have completed their rostered clinical placements. A replacement ratio of one Staff Nurse for two Student Nurses has applied since 2005. This dispute arose from the decision of the HSE West not to replace Student Nurses who will complete their rostered clinical placements in September 2010. This 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 31st August, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th September, 2010, the earliest date suitable to the parties.
UNIONS' ARGUMENTS:
3. 1. The HSE West has broken a national agreement.
2. A national agreement cannot be set aside or changed without the prior consent of both parties.
3.Once the HSE West abides by the terms of this national agreement the Unions will be prepared to participate in discussions concerning the HSE West's current financial difficulties.
EMPLOYER'S ARGUMENTS:
4. 1. The HSE West is facing significant challenges in meeting its ongoing service delivery requirements within decreasing public finances.
2. While recognising the spirit of the agreement for thereplacement of Student Nurses when they have completed their rostered clinical placements, the HSE West reserves the right to manage its services.
3.Having consulted fully with the Workers the HSE West must be allowed to take appropriate action to deal with the changing circumstances.
RECOMMENDATION:
The Court has carefully considered the submissions of all parties in this case.
It is important for the orderly and effective conduct of industrial relations that agreements are honoured and complied with. The instant case is no different. There is clearly a national agreement in place that provides for the replacement of student nurses and midwives by qualified nurses and midwives at a ratio of 2:1 after their in-hospital training rotation. This arrangement has been confirmed by a Department of Health Circular and is recognised and complied with across the Health Services. Accordingly, the Court does not support the contention of the HSE West that it is entitled to set aside the agreement.
However, the Labour Court has traditionally held that no agreement is immutable or lasts forever. By their nature agreements are necessarily subject to change and renegotiation to reflect the prevailing circumstances of the times.
In the instant case the HSE is undergoing several simultaneous developments. It is restructuring, resizing and reorganising to match patient needs with revised structures to improve medical outcomes while at the same time managing a reducing budget and meeting a government instruction to reduce staff numbers within a tight timescale.
In addition the Trade Unions have agreed as part of the new Public Service Agreement that they will, out of a commitment to improved service provision, co-operate with a Public Service transformation process in return for commitments from the State on pay, pensions and job security.
In these circumstances it is clear that this agreement cannot be unaffected by such profound developments and needs to be reviewed and updated in the context of the developing financial and organisational realities facing the HSE and the State itself.
Accordingly, the Court recommends that the parties to the agreement meet at national level and agree a new framework for the management of staff numbers in the period between the termination of one and the commencement of the next student nurse rotation commensurate with the actual needs of the restructured and resized services. Where the number of nurses engaged in this period of time is less than the number that the 2:1 ratio would require, the resulting savings should be apportioned to the nursing grades and included for the purposes of calculating their contribution to the total reductions in staff numbers required to meet financial and employment constraints.
This process should be completed as a matter of urgency and in any event no later than 31st October next.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
16th September, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.