FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CORK UNIVERSITY MATERNITY HOSPITAL (REPRESENTED BY HSE SOUTH) - AND - INMO DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. 1. Breach of Foundation Agreements for Whole Time Equivalent (WTE) posts. 2. Contract Duration / Agency Staff
BACKGROUND:
2. Cork University Maternity Hospital opened on the 31st March, 2007. The Union is claiming that the HSE South has broken an agreement (the Foundation Agreement) on the number of WTE midwives needed at the Hospital. Following the issuing of LCR18861 of the 20th March, 2007, the agreed figure was 376 WTE midwives/nurses, and the Washbrook Report (which issued in February 2009) recommended an additional 31 WTEs for 9,000 annual deliveries. The HSE maintains that current WTEs compliment is more than sufficient and that the moratorium on recruitment prevents it from increasing the numbers.
The dispute was referred to the Labour Relations Commission (LRC) and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 21st September, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st March, 2011, in Kilkenny.
UNION'S ARGUMENTS:
3. 1. The Hospital needs 409 WTE midwives for it to function effectively with 50% ration for student midwives. This is the figure recommended by the Washbrook Report.
2. The HSE has not acted on the Washbrook Report and, in fact, has presided over a reduction in midwifery posts.
HSE'S ARGUMENTS:
4. 1. Staffing as of January, 2011, was 380 WTE midwives and 77 support service staff. These figures indicate that the Hospital has maintained exceptionally good staffing levels having regard for the Government moratorium on recruitment and budgetary reductions.
2. Nurse management continually monitors and adjusts staffing levels to include the right skills mix.
RECOMMENDATION:
The matter before the Court concerns the midwifery/nursing staffing levels in Cork University Maternity Hospital. The Union maintained that they are inadequate to meet the staffing complement required by the Foundation Agreement and the Washbrook report. The Union submitted that the HSE has breached the Foundation Agreement which provided for 376 WTEs (whole time equivalents) midwives/nurses and the Washbrook report, which recommended an additional 31 WTE midwives/nurses as the hospital was dealing with approximately 9000 deliveries instead of the projected 7000 at the time of opening.
The Union also sought to convert agency staff to direct employees in order to maximise a higher level of service to ensure consistency, competency and reliability.
The HSE submitted that there are 380.37 WTE midwives/nurses inclusive of student midwives supported by agency staff on a needs basis. The HSE stated to the Court that it was fully satisfied that the current midwifery/nursing staffing levels in the Hospital are comprehensive to ensure the delivery of a safe and quality service to its clients.
In any event the HSE submitted that the claim is cost-increasing and is therefore precluded under the terms of paragraph 1.27 of the Public Service Agreement 2010 – 2014. Furthermore, the moratorium on recruitment and promotions in the public sector restricts it from recruiting additional staff.
The Court notes that the HSE accepted the staffing levels agreed in the Foundation Agreement and implemented the required number of WTEs by direct staff, short terms contracts and agency workers.
The Court has considered the oral and written submissions of both parties. The Court is precluded from recommending concession of the claim under the terms of the Public Service Agreement 2010 – 2014 and under the terms of the moratorium on recruitment and promotions in the public sector. However, the Court recommends that the HSE should continue to monitor the staffing needs and ensure they meets the requirements of the service with a combination of direct staff, short time contracts and agency workers.
Furthermore, the Court recommends that in the context of clause 2.8 of the Public Sector Agreement and Labour Court Recommendation 18861 the parties should engage to consider the issue of the conversion of agency staff to direct employees.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th March, 2011______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.