FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - AND - PNA DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Long Term Acting Posts - Psychiatric Sector Nursing Staff.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union in relation to the regularisation of approximately 1,200 Nurses currently employed in long-term acting up roles within the Mental Health Sector. The Union on behalf of its members contends that despite long running negotiations, the Employer has ultimately failed to put forward any steadfast proposals in terms of establishing long held acting posts. Management asserts that whilst meaningful negotiations have taken place both at local level and under the auspices of the Labour Relations Commission, there are a number of significant factors prohibiting the Employer from being in a position to offer a proposal to the Union at this time however it is envisaged that the Employer will be able to do so in the foreseeable future. The dispute could not be resolved at local level and was the subject of a number of Conciliation Conferences. As agreement was not reached the dispute was referred to the Labour Court on 2ndMay, 2012 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 25thJuly, 2012.
UNION'S ARGUMENTS:
3.1.The Employer has reached agreement with an alternative Union representing long term acting staff in other sectors of the Organisation.
2.The Union is currently seeking a similar collective agreement in the light of this agreement being concluded.
3.The Union asserts that the regularisation of long-term acting positions will impact the Organisation in a positive manner in terms of cost-saving and organisational structure.
EMPLOYER'S ARGUMENTS:
4.1.The Employer is bound by the terms of the Public Service Agreement 2010-2014 and is subject to the moratorium on recruitment and promotion.
2.The Employer is not disputing the Union’s claim. Accordingly the Employer maintains that it will have the ability to put forward a set of proposals to the Union in the near future.
RECOMMENDATION:
The Court notes that the HSE are now in a position to put forward a comprehensive proposal to the Union, which subject to approval by the relevant Government Departments may result in resolving the issue now before the Court.
The Court recommends that the parties meet as soon as is practicable for that purpose.
Signed on behalf of the Labour Court
Kevin Duffy
3rd August 2012______________________
SCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.