FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE EMPLOYERS AGENCY - AND - IRISH NURSES' ORGANISATION PSYCHIATRIC NURSES' ASSOCIATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Pay scales for Advanced Nurse Practitioners
BACKGROUND:
2. The role of Advanced Nurse Practitioner (ANP) requires incumbents to have a Specialist Masters Degree whose pay is linked to that of Assistant Directors of Nursing, whose pay in turn is determined by the 'Banding', rated from 1 down to 5, of the hospital in which they work. The Unions contend that ANPs are not part of the management system and therefore should all be paid at the full 'Band 1' hospital rate as their work and responsibilities are the same regardless of the hospital's rating to which they are attached. The HSE acknowledges that the lower level of pay scale is not a reflection on the expertise or skill of ANPs working in non 'Band 1' rated hospitals but concession of this claim would have serious knock-on effects including additional costs to the exchequer.
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 8th February, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th May, 2008.
UNION'S ARGUMENTS:
3. 1. The establishment of the role of ANPs is seen as a pathway to advance the clinical careers of nurses and midwifes and is totally separate to the management career stream, to which it is linked for pay levels only.
2. The individual ANP is required to demonstrate clinical competency in a particular area of nursing practice and after they successfully complete a master's degree they must seek accreditation with the National Council for the Professional Development of Nursing and Midwifery. The location of the Hospital or its 'Band' rating to which they are attached for pay purposes, has no impact on their work or their level of responsibility.
COMPANY'S ARGUMENTS:
4. 1, This claim is a cost increasing claim and as such would be in breach of T16. Concession could have serious knock-on implications from colleagues in related grades in non 'Band 1' hospitals.
2. The salary structure of ANPs is currently consistent with the recommendations of the Commission on Nursing and the PCW agreement for nurses.
RECOMMENDATION:
The Court has considered the submissions made to it by the parties. On the basis that Advanced Nurse Practitioner is a clinical rather than a management role, for which there is a strictly specified training regime and on the basis also that the 'Banding' arrangement for nurse managers in hospitals refers to the size of the hospital and the concomitant level of management responsibility, the Court recommends that ANPs be paid on the Band 1 scale with effect from 1st July 2004 or from the date of their appointment, if later than 1st July, 2004. This recommendation recognises the unique clinical position of ANPs and does not create a precedent for any other or future situation or group of staff.
Signed on behalf of the Labour Court
Raymond McGee
19th May, 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.