FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE SOUTH - AND - MEMBERS OF THE CORK PSYCHIATRIC NURSES ASSOCIATION BRANCH (REPRESENTED BY PNA) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Refusal of Employer to enact a written Agreement to introduce the 37.5 hour working week
BACKGROUND:
2. Due to the refusal of the HSE South to introduce the 37.5 hour working week for Nurses working in the Cork Mental Health Services the issue has been before the LRC on numerous occasions the most recent was held on 15th July 2010. The PNA achieved two signed agreements with the Employer but the Employer has failed to enact them. The HSE South refutes the claim.
` On the 12th September, 2011 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 1st November, 2012.The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. It is estimated that 96% of Nurses working in the country are on the reduced working week yet nurses working in the Cork Mental Health Services still do not enjoy this benefit.
2. The Court should find in our favour and recommend that the reduced working week commence immediately as per the agreed signed agreement.
COMPANY'S ARGUMENTS:
4. 1. Implementation is based on, a cost neutral introduction, no diminution of service to patients and within approved employment control levels. The 37.5 hour working week has now been implemented in most areas of HSE South Cork and Kerry
2. The moratorium on recruitment, promotion and payment of acting up allowances does not include an exemption to nursing grades. Management has at all times remained cognisant of its legislative and regulatory requirements whilst ensuring the ongoing safe delivery of service.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute.
In the course of the Court's investigation into this dispute it became clear that progress in finding an agreed resolution could be made in direct discussions between the parties.
Accordingly the Court recommends that the parties engage in direct discussions on the issue in dispute in the context of the clarifications given by the HSE regarding the meaning of the letter of October 24th 2012.
The Court recommends that such discussions should be completed within 8 weeks of the date of this Recommendation at which time any outstanding issues may be referred back to the Court for a final recommendation on the substantive issues then in dispute.
The Court so recommends
Signed on behalf of the Labour Court
Brendan Hayes
30th November, 2012______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.