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Reclassification of the Nurses

Names: Ornella Lewis Brittanya Bromfield Reneita Marston Roechelle Innis Chedene Smith Shyohka McNab Lecturer: Group: Miss. Morris BBA3

Date:

April 10, 2012 Case #2

RECLASSIFICATION OF THE NURSES**

The Nurses association of Jamaica representing nurses employed in the Public Health Sector was engaged in an extended period of negotiation with the Ministry of Health and the Ministry of Finance and the Public Service representing the Government as employer. The main issue was reported to be an outstanding re-classification exercise that would result in the nurses having adjustments made to their rates of pay. According to the claims and counter claims being made the former administration of Government had agreed to or begun the process of reclassification before demitting office and it was expected that the current government administration would honour the agreement. In addition expectations by the nurses were high as a result of what were called promises made by the current Minister of Finance that the nurses deserved better pay to the extent that it was said he had promised to double the pay. The nurses had not benefited from recent salary increases given to public sector workers preferring to await the outcome of the reclassification exercise before any other adjustments were made to their pay and it was felt that the matter was deliberately being drawn out and they had become impatient and frustrated. Some of the concerns expressed by the nurses included; letters written to the Ministry of Finance for meetings to discuss the outcome of the reclassification exercise to which there were slow and sometimes no response; uncertainty about whether the government was committed to honouring the agreement made by the previous administration and whether the funds were available to effect the reclassified rates. The process of negotiations was tense, confrontational and at times even controversial. Some of the strategies or actions taken by the nurses included peaceful protest before Gordon house where they had discussions with the Prime Minister and claimed that a promise was made by him to personally intervene in the matter. Another apparent strategy was the absence of significant numbers of nurses from work on particular occasions as an indication of their need to

have the matter addressed. The nurses even indicated an unwillingness to meet with the Minister of Labour stating that they preferred to meet with the Prime Minister instead. The Minister of Labour in an effort to have the matter resolved stated that he would refer the Matter to the Industrial Disputes Tribunal as he would not allow the employees in such a critical sector of the society to engage in industrial action. After some delay the matter was settled and agreement was reached with the nurses. One of the effects of the settlement with the nurses was that other groups in the Health sector began to complain that the reclassification exercise should not be limited to the nurses and the Union representing these other workers warned that there would be additional or claims arising from implementation of the agreement for the nurses. This raised a major concern whether this was finally the end of the dispute or the beginning of a series of related disputes. Questions 1. Identify and explain what are the Industrial relations issues in this case 2. Explain the processes involved in the reaching of an agreement in terms of the role of the main actors in industrial relations and the levels in the industrial relations system 3. Explain the appropriateness or inappropriateness of actions taken by different parties in the case. 4. Evaluate and explain the effectiveness of Unions/ Associations in securing benefits for workers especially in this instance.

Question One Identify and explain what the Industrial relations issues are in this case.

Outstanding reclassification exercise between the nurses and the ministry about wage rates. The previous government emitted office without fulfilling promises made to the nurses about the reclassification and now the current government is been asked to deliver on such.

The nurses refused salary increase awaiting the reclassification exercise, especially since they were promised a double increase in pay.

The nurses becoming frustrated with the government for not fulfilling their promise. The letters sent to the government were not responded to promptly and the nurses association was unable to state whether they government was unable to pay.

Process of negotiations was tense, confrontational and at times even controversial. The nurses engaging in a protest and a sick out. Nurses not wanting to speak with the Minister of Labour but the Prime Minister instead. Ministry of Labour sending the issue to the IDT in order to quell the issue and reach a desired outcome.

Other persons in the health sector began to request reclassifications for their positions as well as they are also a part of essential services.

Question Two

Explain the processes involved in the reaching of an agreement in terms of the role of the main actors in industrial relations and the levels in the industrial relations system.

The main actors in the article are employees (the nurse), the government/state (the Prime

Minister, Minister of Finance, The Minister of Health and the Trade Union)

The role of the nurses is to work with the union to ensure that negotiation process is carried out in the right manner to ensure that all the procedures and rules are followed.

The government should fulfill the promised he made to the nurses, the former Government had agreed to start the re-classification process before demitting office and it was expected that the current government should honour the agreement

The role of the union is to negotiate on behave of the nurses for better salary and benefits

Base on the case the participants in this issue are: Trade Union Management The Government

The union play a vital part in this issue to get greater involvement in the decision making process so that clearly defined conditions of employment where made that will minimizes uncertainty and ambiguity because the negotiation process was tense and at times even controversial. The nurses demonstrate their understanding by writing a letter to the Ministry of Finance to discuss the outcomes of the re- classification. They believe that if they get the opportunity to talk to the Finance Minister directly their situation will be dealt with more emergency. Another action taken by the nurses was a protest before Gordon house where they had a discussion with the Prime Minister about the promise he made to intervene in the matter, at this level the Prime Minister is acting as the mediator. Another apparent strategy was significant absence of nurses from work this strategy indicated that their patience and tolerance level have been exalted.

Question Three Explain the appropriateness or inappropriateness of actions taken by different parties in the case.

The parties involved in the case include the nurses (workers), the Nurses Association of Jamaica (the workers union), the government and the Ministry of Health and the Ministry of Finance and the Public Service representing the Government as employer, all of whom took some appropriate or inappropriate action at some point in the case. The action taken by the nurses (protests and sick-out) was inappropriate according to section 9 of LRIDA which forbids essential service providers from taking industrial action. The absence of significant numbers of nurses from work on particular was also inappropriate. Being absent from work impacts the productivity of the labour force. Even though it was not illegal to be absent, it disrupted production in terms of the services that should be offered. The fact that the nurses indicated an unwillingness to meet with the Minister of Labour preferring to meet with the Prime Minister instead may also be deemed inappropriate as the Ministry of Labour is directly responsible for such grievances. Letters that were written to the Ministry of Finance requesting meetings to discuss the outcome of the reclassification exercise which there were slow and sometimes no response may be seen as inefficiencies in the system. The ministry should have established better organization in responding to the workers.

The Minister of Labour in an effort to quell the matter referred it to the Industrial Disputes Tribunal as it was unacceptable to allow the employees in such a critical sector of the society to engage in industrial action. The matter was resolved after some delay. This action may be deemed as an appropriate in order to have order restored and have their employees satisfied. Since the IDT, has the final say in industrial issues, the resolution would be deemed as final.

Question Four Evaluate and explain the effectiveness of Unions/ Associations in securing benefits for workers especially in this instance. The effectiveness of unions/associations in securing benefits for workers is very important. A union is an organization of workers who act together to secure benefits and rights in the workplace. In this instance, the Nurses Association of Jamaica was needed to fully represent the nurses so their claims could be heard and that their interests would be lobbied on successfully to gain mutual benefit for the parties involved in the dispute but especially a benefit for the nurses as the association would be bargaining on their behalf. Nurses are a part of essential services so unions are needed to mitigate on their behalf and make provision for settlement of disputes as if they had engage in industrial action by themselves especially during work hours without appropriate representation they would have been in breach of Section 9 of the Labour Relations Industrial Disputes Act, which prohibits individuals in essential services to engage in industrial action. The nurses were in a contract with the previous government to get reclassification of wage rates, however this did not happen and they are now reaching out to the current administration to fulfill the agreement and in this case if they did not have a union/association it would have been a very lengthy process or maybe they would still be waiting for an audience with the Prime Minister or Ministry of Labour representatives. The union sped up the process in making contact with the relevant personnel and made negotiations easier on behave of the nurses and was able probe the

government to fulfill their part of the agreement and thus the nurse would receive the desired outcome. Unions/associations are most time very effective as they possess the skills and capabilities needed to negotiate effectively with the opposing party. They know what tactics to employ, the necessary protocol to follow especially in this case where the other party was the government that has so much bureaucracy. They are individuals who are fluent in speech and will continuously try to seek a desired outcome for the party in whom they are representing. In this case the nurses association represented the nurses and they had full understanding of the situation as they themselves are involved in the medical field and in this case would be very effective in lobbying their interests. The nurses association bargained collectively for all nurses therefore they had bargaining strength.

References
Kirkaldy, G. (1998, November 21). Industrial Relations Law and Practice in Jamaica. Caribbean Law Publishing Company: Kingston.

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