FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WEST - AND - PSYCHIATRIC NURSES' ASSOCIATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Hearing arising from LCR 19196.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union on behalf of its members currently employed in the Mental Health Admission Therapy Unit/ Therapy Units at St Brigid's Hospital, Ballinasloe. The dispute was previously heard by the Labour Court on26th March, 2008 and was the subject of Labour Court Recommendation No.19196 in which the Court advised the parties in the event that the dispute was not fully resolved following the issuing of its Recommendation, they may refer any outstanding issues back to the Court for a definitive recommendation. Subsequent to the issuingof LCR No.19196 the parties engaged locally and on numerous occasions by means of Conciliation Conferences held under the auspices of the Labour Relations Commission. However, the parties could not reach agreement and the issues surrounding staffing and staffing levels at present remain unresolved. On the 19th May, 2011 the parties referred the case back to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th October, 2011.
UNION'S ARGUMENTS:
3. 1. The Union contends that Management's current proposals concerning staffing levels are flawed and unworkable.
2. The Union is seeking the full protection of staffing levels.
EMPLOYER'S ARGUMENTS:
4. 1. Management is seeking full cooperation from the Union with regard to the required reorganisation and redeployment of staff.
2. Management is acting within the boundaries of the Public Service Agreement 2010-2014 by attempting to utilise its staffing resources in the most efficient and effective manner.
RECOMMENDATION:
While the parties have different positions on issues concerning patient care, these are not matters upon which the Court can offer any assistance.
The central issue in dispute which touches on industrial relations concerns the Management's requirement for flexibility on the part of staff in providing the services of the Hospital and in obtaining cooperation with redeployment. The Union, for its part, accepts that it is required by the Public Service Agreement 2010-2014 to cooperate with flexibility and redeployment.
In these circumstances the Court recommends that the Union should fully cooperate with the flexibility and redeployment proposed by Management.
Signed on behalf of the Labour Court
Kevin Duffy
20th October 2011______________________
SCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.