INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
IRISH NURSES ORGANISATION
Chairman: Mr McGee
Employer Member: Mr Murphy
Worker Member: Ms Ni Mhurchu
1. Grading of Out-of-Hours Nurse Managers.
2. The Union's claim is for the regrading of Out-of-Hours Nurse Managers from their current status of CNM3 to that of Assistant Director of Nursing (ADON). The dispute was the subject of a Labour Court hearing in September, 2005. The Court did not issue a Recommendation but requested the parties, due to the conflict, not only on the merits of the issue, but on the basic statistics and facts of the case, to re-engage with the assistance of the Labour Relations Commission in order to try and reach an accord on the facts of the matter. If no resolution was achieved the case could be referred back to the Court for a definitive Recommendation. A Conciliation Conference was held in November, 2005. At Conciliation Management put froward a set of proposals to evaluate individual Managers in all Band 1 Hospitals. The Union rejected the proposal on the basis of the composition of the overseeing group and the scope of the evaluation. As agreement was not reached the dispute was referred to the Labour Court on the 18th January, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held on the 31st May, 2006.
3. 1. The Claimants are a specific group of managers recruited to manage the hospital when no other manager is there. They carry hospital-wide responsibilities for evenings, weekends and public holidays. In some cases they are interchangeable with Night Superintendents or Day Assistant Directors. The role, function and responsibility of the Claimants is identical to that carried out by the Night Superintendent, the only difference between the two groups of staff is the time during which they are responsible for the management of the hospitals. They do not revert to CNM3 duties during any of the additional hours worked and the majority of their hours are in the out of hours period.
2. The post was created specifically to fill the time gaps arising from a decision to concentrate grades into the day working hours. This Grade is based entirely on the grade which then applied to Night Superintendents and they should have, as a matter of course, received the same upgrading from the same date, November, 2001, as did their colleague Night Superintendents.
4. 1. This is a relativity claim, the type of claim the Benchmarking Body was designed to preclude. The Benchmarking Body has previously considered the case presented for CNM3 and Out-of-Hours Managers. The CNM 3 grade appears on the A list of the agreed list for examination by the current Benchmarking Body. This is the appropriate body for consideration of this type of relativity claim.
2. Management put froward proposal at the Labour Relations Commission that would have recognised areas in which there is a genuine exercise of management responsibility at ADON level. This proposal has the emphatic support of the Directors of Nursing. The Union rejected an unique opportunity to examine the grading of senior nurse managers in a coherent, patient and service-focused manner.
Given the position and pay level of the Claimants as outlined to the Court, the Court recommends that the evaluation proposed at Conciliation should begin at the earliest possible opportunity.
The Claimants, CNM3 's who are either "Site Managers"with Out-of-Hours responsibilities" or "Out-of -Hours Nurse Managers" should be evaluated vis-a-vis ADON's who are working as Night Superintendents in Band 1 and 2 Hospitals.
Following the results of this evaluation, which should conclude by 30th September, 2006, the parties should re-engage on the basis of the claim originally made by the INO with a view to resolving the claim. If the matter is not resolved by 31st October, 2006, the parties should revert to the Court for a definitive Recommendation.
Signed on behalf of the Labour Court
16th June, 2006
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.