INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
BROTHERS OF CHARITY SERVICES
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
IRISH NURSES ORGAINISATION
PSYCHIATRIC NURSES ASSOCIATION
Chairman: Mr Duffy
Employer Member: Mr Murphy
Worker Member: Mr O'Neill
2. The case before the Court concerns a dispute between the Irish Nurses Organisation, the Psychiatric Nurses Association and the Brothers of Charity Services (represented by IBEC) in relation to six nurses currently graded at Clinical Nurse Manager II (CNMII) who are seeking that one of the posts be upgraded to Clinical Nurse Manager III (CNMIII) and the filling of the vacancy at CNMII level. A review of the services in 2002 provided for the development and division of the service into four separate departments each with its own head and defined reporting structure. In this case the nurses provide an early intervention service, supporting the families of and children with learning disabilities, and report to a Consultant Paediatrician. It is the Union's contention that the correct structure would be the appointment of a CNMIII to have overall responsibility for the posts. Management's position is that there is no justification for appointing a CNMIII to manage six nurses who are carrying out the relevant responsibilities associated with the posts.
As the dispute could not be resolved at local level, it 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 20th October 2005. A Labour Court hearing took place on 5th July, 2006, the earliest date suitable to the parties.
3. 1. The nurses currently report to the Consultant Paediatrician which is inappropriate and cannot continue. These nurses should report to the appropriate grade of nurse management.
2. The early intervention service is suffering as a result of the poor management and reporting structure which currently exists.
4. 1. Management cannot justify the appointing of a CNMIII to supervise six nurses. The level of responsibility currently being carried out by the nurses is part of their overall duties.
2. The claim is not only cost increasing but will also lead to repercussive claims if conceded.
3. The Commission on Nursing Report states that it would be extremely rare for all three levels of nurse managment to be present in the same unit and it would be completely unnecessary and unjustifiable in this case.
The Court is satisfied that the Union's claim has some merit and that this has been acknowledged by the Employer.
The Court recommends that an additional 7.5 hours per week be allocated within the unit to be used for supervisory purposes. These hours should be remunerated at the rate of pay and any other benefits applicable to a CNMIII post. The manner of utilising these additional hours should be discussed and agreed between the parties.
Signed on behalf of the Labour Court
21st July 2006______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.