FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - PNA SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Connolly Worker Member: Ms Tanham |
1. Staffing Issues arising from opening of Deer Lodge Mental Health Facility
BACKGROUND:
2. This dispute concerns a claim regarding staffing. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 18th April, 2017, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 19th May, 2017.
UNION'S ARGUMENTS:
3.1. There has been a lack of meaningful engagement by Management with the Unions. Staff concerns have not been addressed and management has failed to adjust its proposals to accommodate their concerns in any meaningful way.
2. The number of staff allocated to the new facilities is not adequate to meet the standards of care set out in the Vision for Change Report.
3. Further discussions are necessary to agree appropriate staffing numbers to properly and safely operate the new facilities.
COMPANY'S ARGUMENTS:
4.1. A detailed staffing proposal has been developed and advised to the Unions. The proposal provides for an increase in nurse staffing levels and identifies an appropriate nurse governance structure for the unit on a 24/7 hour basis.
2. The proposal also provides for the introduction of a revised skill mix and in that regard a Healthcare Assistant grade will form part of the multi-disciplinary team delivering services in the facility.
3. There has already been a delay in opening the new facility and a further delay is unwarranted and unjustified. Talks can continue while the facility gets up and running and proper monitoring of staffing requirements takes place.
RECOMMENDATION:
This case comes before the Court under the terms of the Public Service Agreement 2010 – 2014 as extended by the Public Service Stability Agreement 2013-2016. Accordingly the Court’s recommendation is binding on both sides.
In that context the Court has considered the extensive written and oral submissions made to it in the course of the hearing.
The Court finds that the most efficient way forward in this case is for the staff to move to the new facility with immediate effect under the terms of the WRC proposals of 18 April 2017.
The parties should continue to engage with a view to putting final staffing and operational arrangements in place on foot of the six month review envisaged in that proposal.
Should any matter remain outstanding at that time between the parties it should be referred back to the Court for a definitive recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
23rd May 2017______________________
JKDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jason Kennedy, Court Secretary.