INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
IRISH NURSES ORGANISATION
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Ms Ni Mhurchu
1. Upgrade of 4 CNM I, ICU Nurses to CNM II.
2. Beaumont hospital employs 4 Clinical Nurse Managers in the Intensive Care Unit. The Union is seeking the upgrading of 4 Clinical Nurse Manager 1 (CNM1) posts to the grade of Clinical Nurse Manager 2 (CNM2) with full retrospection of salary from January, 2001 on the basis that the members carry out the role and function of the CNM2 grade and have done for a number of years. Discussions have been ongoing between the Union and Management since 2001. Management made an offer which consisted of 3.5 CNM2 posts being filled by current CNM1 staff, 0.5 post to be filled by confined competition, a revised roster system which ensures proper CNM2 cover for all shifts, a once off payment of €500 and two incremental points on the CMN2 scale. The revised roster system and the amount of the lump sum payment was rejected by the Union butit gave a commitment that when the upgrading was effected a process to review roster arrangements would be entered into. This proposal was rejected by Management.
- 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 7th September in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16th December, 2004, the earliest date suitable to the parties.
3. 1 Management have failed to acknowledge that the members undertake the role of CNM2's. Management proposed in April, 2003, that members be paid a CNM2 acting allowance for night duty. This currently continues. The level of responsibility and accountability undertaken by the members on night duty is of equal status and value as when they are on day duty. Consequently they must be remunerated at the level of CNM2 through an upgrading.
2. The introduction of a requirement for a new roster system came three years into negotiations. This was unreasonable and has frustrated the process and affected the integrity of the members.
3. The only amendment the Union has sought is that the current roster arrangements remain in place to allow the claimants fulfil their roles in a comprehensive manner and for assimilation to the maximum of the CNM2 pay scale with a lump sum payment of €1,500. This is to take cognisance of the four years that the claim has been in progress.
4. 1 Management's offer in relation to the regrading of posts and payment in lieu of arrears is a fair offer and does address the claim by the Union.
2. The hospital requires that any upgrade of staff is dependent on there being an obvious benefit to patient care in the unit and identifiable improvement in the efficient management of the unit. Such benefits can only be achieved through the development of the roles of the existing CNM1 staff to the level of CNM2 and through the provision of Management cover on all shifts. Management are requesting that in return for the regrading of all CNM1 staff, these staff undertake the duties contained in the CNM2 job description.
3. Staff are being requested to work a revised roster in order to ensure CNM2 cover at all times. The final roster submitted to the Union encompasses a reasonable and fair roster which takes account of the personal circumstances of existing CNM2 staff and staff seeking upgrading to that level.
The claim before the Court concerns the upgrading of CNM I in ICU to CNM2 level. Having considered the views of the parties expressed in their oral and written submissions, it appears to the Court that after lengthy negotiations on the claim, the outstanding issues before the Court relate to the rostering arrangements required in order to fulfil the new duties, roles and responsibilities of the CNM2 positions, and the amount of the lump sum payment to be paid in lieu of retrospection.
The Court notes that the issue of assimilation on the new grade has been agreed by the parties - nearest monetary point plus two increments.
In full and final settlement of this claim, the Court recommends that the Hospital's offer of 23rd April 2004 should be accepted by the Union, including acceptance of the following amendments to that offer :-
- Implementation date will be 1st January 2005.
- Implementation, with effect from 1st January 2005, of the roster prepared by management as submitted in Appendix 9 of the Hospital's submission to the Court. An alternative roster agreed between both parties which fulfils the clinical, and managerial requirements appropriate to the job description of the CNM2 , will fulfil this aspect of the recommendation.
- Payment of a lump sum of €1500 to each CNM I on the 1st April 2005 on condition that an agreed roster is in place.
Signed on behalf of the Labour Court
20th December, 2004______________________
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.