FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DAUGHTERS OF CHARITY (REPRESENTED BY HSE-EA) - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Upgrading
BACKGROUND:
2. The case before the Court concerns a claim by the Union to have four posts currently graded at Clinical Nurse Manager 2 (CNM2) regraded to the grade of Assistant Director of Nursing (ADON). The workers involved are employed as rotating Night Sisters in a residential centre for the intellectually disabled. They manage all aspects of the facility at night.
It is the Union's claim that the level of responsibility undertaken by these workers is not appropriately comprehended by the grade of CNM2. The Grade of ADON, with reference to Night Managers, exists in a number of other similar services.
The HSE rejects the Unions claim. Its position is that this is a cost increasing claim and is precluded under Section 27.7 of the Towards 2016 Agreement. It also argues that there is no comparison between work carried out by the staff of the facility concerned to that being carried out by night supervisory staff in acute general hospitals who are graded at ADON level.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 5th March 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 3rd October, 2008.
UNION'S ARGUMENTS:
3. 1 The Claimants in this case are responsible for the entire facility during the night shift. This includes all patient care, personnel issues and logistical matters. This is not the role of a CNM2. It is the role of a middle Nursing and Management grade.
2 Similar large centres have in many instances upgraded their Night Duty Managers to the grade of ADON.
3 It is demeaning to the Claimants to say the activity levels at night do not do justice to their claim. They contribute to the safe and effective operation of the facility.
EMPLOYER'S ARGUMENTS:
4. 1 There is no uniform grading structure for nurse managers on night duty in the intellectual disability sector. Some are graded at CNM2 and others at CNM3. In instances where higher grading than CNM2 obtain, it is clear that the level of responsibility held is greater than THAT OF the claimants.
2 If the Claimants were to be successful in their claim it would give them an equal grade to that of the ADON's on day duty at the facility. There is no comparison the role of a Night Sister and that of ADON on day duty. The role of ADON on days is particularly strategic and significantly different in terms of job size and responsibility from that of a Night Sister.
3 This is a cost-increasing claim and is precluded under Section 27.7 of the Towards 2016 Agreement.
RECOMMENDATION:
Having fully considered the oral and written submissions made by the parties, the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Raymond McGee
15th October, 2008______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.