FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIVERSITY COLLEGE DUBLIN - AND - 9 WORKERS (REPRESENTED BY UNITE) DIVISION : Chairman: Ms O'Donnell Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Conditions Of Employment For 9 Veterinary Nurses
BACKGROUND:
2. This dispute concerns the proposal of the Employer to create a Head Nurse position under the Career Grade Structure. This 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 1 July 2019, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 22 August 2019.
UNION ARGUMENTS:
3. 1. The Union state if the Employer recruit a Head Nurse from the career grade or outside the Technical Officer grade it will interfere with a previously recognised and agreed line management and reporting structure for Technical Officers under the Expert Review Document.
2. The Union state the employment of a Head Nurse external to the Technical Officer Grade reduces down the future career prospects of the Technical Officer Veterinary Nurses.
3. The Union request the Court recommends in their favour and keep the status quo remaining in regard to the 9 Technical Officer (Veterinary Nurses) that they be allowed to manage themselves locally whilst reporting to the Clinical Director.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer states the Veterinary Nurses scale were introduced following a Labour Court recommendation that if a Chief Technical Officer post was to be put in place in addition to a career grade Head Nurse to manage staff it would create an unsustainable situation of having a duplicate Head Nurse function whereby the Chief Technical Officer post would be supervisory for a small number of staff resulting in conflict and confusion.
2. The Employer state if a Chief Technical Officer Head Nurse post was to be given responsibility for all Veterinary Nurse staff it would comprise the Career Grade Structure.
3. The Employer requests the Court to reject the Union compliant.
RECOMMENDATION:
The issue in dispute between the parties relates to the proposed introduction of a new head of Nurse role as a non-technical grade. It is the position of the Union that nine staff currently red circled on the Technical Officer grade should not have to report to a non- technical person. It was their submission that the nine red circled staff could have a different reporting relationship than the 16 veterinary nurses on the new career grade structure or that the Head Nurse role should be a Chief Technical Officer post. The Union expressed concern that if the technical officers were not reporting to a Chief Technical Officer that it would impact on their ability to apply for such posts in other areas of the University.
It was the Employers position that both the technical and the career grade veterinary nurses could apply for the Head Nurse post as currently proposed whereas, if it was a Chief Technical Officer post only the nine red circled staff could apply. It is the Employer’s submission that as it was agreed by the parties that the red circle grade will disappear over time as staff on that grade move on it was more appropriate to fill the post as a Head Nurse as a non- technical grade. Should a member of the Technical Officer group be successful in getting the Head Nurse role they would maintain their red circled terms and conditions. The Employer also confirmed to the Court that the fact that the Technical Officers would not be reporting to a Chief Technical officer would not in any way debar them from applying for posts they were currently eligible for.
Having read the submissions of both parties and listened carefully to the arguments made on the day the Court does not believe it is practical to have two different reporting streams. The Court recommends that the Employer fills the post of Head Nurse in the manner that they have proposed and that both the career grade veterinary nurses and the nine red circled Technical Officer veterinary nurses should report to that Head Nurse.
The Court so recommends.
Signed on behalf of the Labour Court
Louise O'Donnell
TH______________________
6th September 2019Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary.