Labour Court Database
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File Number: CD93649
Case Number: LCR14272
Section / Act: S20(1)
Parties: SOUTHERN HEALTH BOARD - and - PSYCHIATRIC NURSES ASSOCIATION
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Subject:
Dispute concerning the manner in which a panel for acting Assistant Chief Nursing Officers (A.C.N.O.) has been operated by the Board.
Recommendation:
3. Having considered the written and oral submissions of the
parties, the Court does not find grounds to justify making the
recommendation sought by the Union.
The Court was concerned at the direct conflict of evidence
regarding alleged discussions that took place between the parties
and the selective presentation of evidence by both sides. The
Court considers that the attitude of the parties to this case was
inimical to good industrial relations and recommends that the
parties take steps to rectify the situation.
The Court also considers that management and the Unions concerned
should seek agreement on acting-up arrangements for A.C.N.Os which
leave no doubts regarding the procedures to be followed and the
equity of such procedures.
Division: Mr Heffernan Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD93649 RECOMMENDATION NO. LCR14272
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1)
INDUSTRIAL RELATIONS ACT, 1969
PARTIES: SOUTHERN HEALTH BOARD
and
PSYCHIATRIC NURSES ASSOCIATION
SUBJECT:
1. Dispute concerning the manner in which a panel for acting
Assistant Chief Nursing Officers (A.C.N.O.) has been operated by
the Board.
BACKGROUND:
2. 1. In the mid 1980s the manner in which nurses were
assigned to locum A.C.N.O. services changed and involved:-
(a) An interview system for selecting acting A.C.N.O.s.
(b) Six monthly rotation of the acting A.C.N.O.s
appointed.
In February, 1993, the Board advertised for acting A.C.N.O.s
in the North Lee and South Lee catchment areas and a single
panel was set up following interview. The Union was concerned
that two panels existed and not one and referred this issue
along with the lack of rotation of acting A.C.N.Os to the
personnel department. Meetings took place between the Union
and the Board at local level but no progress was made.
2. A worker was assigned to acting A.C.N.O. in the North
Lee area and the Union maintains he was not on the panel. The
Union informed the Board that they felt that the panel was not
being used in a proper manner. The Board denied this.
3. On 16th November, 1993 the Union referred the dispute to
the Labour Court under Section 20 of the Industrial Relations
Act, 1969 and sought:-
(a) That each nurse on the panel be given acting
A.C.N.O. experience on a rotational basis
until all on the single panel have attained
equality of experience.
(b) That these posts be withdrawn from the Local
Appointments Commission until (a) is complete.
(c) That all future positions of acting A.C.N.O.
be assigned on a rotational basis between the
panel members.
The Court investigated the matter on the 29th November, 1993
in Cork.
UNION'S ARGUMENTS:
3. 1. The panel set up following interviews for acting
A.C.N.O. was operated in an improper manner.
2. To rectify the situation items (a) (b) and (c) above
should be implemented.
BOARD'S ARGUMENT'S:
4. 1. The panel has been operated properly and offers of
acting A.C.N.O. have been made appropriately.
RECOMMENDATION:
3. Having considered the written and oral submissions of the
parties, the Court does not find grounds to justify making the
recommendation sought by the Union.
The Court was concerned at the direct conflict of evidence
regarding alleged discussions that took place between the parties
and the selective presentation of evidence by both sides. The
Court considers that the attitude of the parties to this case was
inimical to good industrial relations and recommends that the
parties take steps to rectify the situation.
The Court also considers that management and the Unions concerned
should seek agreement on acting-up arrangements for A.C.N.Os which
leave no doubts regarding the procedures to be followed and the
equity of such procedures.
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Signed on behalf of the Labour Court
Kevin Heffernan
22nd December, 1993 ----------------
P O'C/U.S. Chairman
NOTE:
Enquiries concerned this Recommendation should be addressed to
Mr Paul O'Connor, Court Secretary.