MRDC – Open
23rd Sep 2009
Agenda Item 09/75
RCN Position Statement on Industrial Action
Congress 2008 Resolution (Item 13) Rule 12 and Industrial
Action
1.
Purpose
1.1
In January 2009 RCN Council agreed to develop an ‘RCN Position Statement
on Industrial Action’. MRDCC are asked to consider a draft position statement
(Appendix A) for consideration by RCN Council.
2.
Background
2.1
In June 2008 RCN Council considered a paper (08.34) on the present position
of Rule 12 and the 2008 Congress resolution (Item 13): ‘That this meeting of
RCN Congress votes to put in motion the process to amend Rule 12’.
2.2
Council agreed to consult more widely with members on the wording of Rule
12. The consultation took place over a 6 month period.
2.3
The response to the consultation was small and with a mix of responses
ranging from a desire to ‘abolish Rule 12’, that nurses should be ‘allowed to
strike’, that the Rule should be left as it currently is and with some responses
suggesting a move back to the pre 1995 position where RCN Council was
unable to authorise industrial action.
2.4
Having considered the outcome of the consultation Council were of the view
that there was no strength of feeling in the membership to undertake the
process of abolishing or amending Rule 12.
3.
Detail
3.1
RCN Rule 12 describes under what circumstances RCN Council can authorise
industrial action on behalf of its members. It states (in part) that
“It is a fundamental principle of the College that its members shall not act in any
way which is detrimental to the well being or interests of their patients or
clients. Without prejudice to this fundamental principle, the Council is
empowered to authorise action by members of the College in furtherance of an
industrial dispute and to make regulations governing the procedure to be
followed. ….’
Rule 12, as currently drafted, allows for industrial action to be authorised as
long as it is not detrimental to patients. It allows for industrial action short of a
strike, but also does not expressly preclude strike action. It was a feature of the
consultation responses that this was not clearly understood. Many respondents
took the view that RCN members should be ‘allowed to undertake ‘industrial
action’ – something that has been possible since 1995 – whilst others thought
that nurses should be ‘allowed to strike’ – something that is neither precluded
by the current wording of Rule 12, nor by the NMC Code.
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Agenda Item 09/75
The RCN’s position on industrial action has remained the same since 1995.
This paper and the draft ‘Position Statement’ does not alter the RCN’s position
on industrial action and does not extend or limit the ability of RCN Council to
authorise action.
Given that the RCN Rules have not changed, the RCN Position Statement on
Industrial Action is intended to confirm a number of key issues in respect of
RCN Council’s ability to authorise industrial action. These are:
 That RCN Council can authorise all forms of industrial action as long as
they are not detrimental to the well being or interests of patient or
clients
 That in authorising action RCN Council will ensure that any action is
consistent with the principles outlined in the ICN Position Statement on
‘Strike Policy’ and the Nursing and Midwifery Code on ‘Standards of
conduct, performance and ethics for nurses and midwives’.
4.
Resources, costs and implications
There are no direct costs associated with this paper. If the Position Statement is
accepted by RCN Council it will be made known to the wider membership through
the RCN web
5.
Risks
5.1
That members and the public may believe that the RCN has changed its
position on industrial action.
In 1995 the wording of Rule 12 changed from a position that the RCN would not
authorise industrial action to one where industrial action could be authorised as long
as such action was not detrimental to the well being or interests of patients or clients.
It may be the case that some members believe that the current wording, whilst
allowing industrial action short of a strike, precludes strike action (a withdrawal of
labour) itself. This may be because they cannot reconcile how a ‘withdrawal of
labour’ could be anything but ‘detrimental’ to the interests of patients or clients. The
Position Statement does not alter the current position on industrial action and does
not make strike action any more likely or more remote. It is for Council to consider
each application for a ballot on industrial action on its own merits. In considering such
requests Council will be aware of the requirement to ensure that any action approved
is not ‘detrimental to the interests of patients or clients’. The Position Statement
identifies how RCN Council will come to its decision and also confirms its
commitment to the principles laid down by the ICN.
6.
Diversity
6.1
The Position Statement on Industrial Action will apply to all RCN members.
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Agenda Item 09/75
7.
UK-wide/Four country perspective
7.1
The RCN Rules apply to all RCN members in the United Kingdom. There are
no country specific issues in respect of this paper or the proposed Position
Statement
8.
Strategic plan
8.1
The Position Statement supports Strategic Goal 5.0 – ‘Campaign for nursing,
health care and patients’ and 5.3 ‘Fight for a good standard of pay and working
conditions for members’ . The position Statement confirms the right of RCN members
to engage in industrial action improve patient care or to improve their terms and
conditions of employment.
9.
10.
Confidentiality statement
Recommendations
MRDC is asked to consider the draft Position Statement and agree to submit it
to Council for further consideration
Janet Davies: Director Service Delivery
Josie Irwin: Head of RCN Employment Relations Department
September 2009
Originators: Gerry O’Dwyer. Senior Employment Relations Adviser
Input from: Chris Cox: Director of RCN Legal Services
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Appendix A
Royal College of Nursing
Position statement on industrial action.
With a membership of almost 400,000 registered nurses, midwives, health
visitors, nursing students, health care assistants and nurse cadets, the
Royal College of Nursing (RCN) is the voice of nursing across the UK and
the largest professional union of nursing staff in the world. RCN members
work in a variety of hospital and community settings in the NHS and the
independent sector. The RCN promotes patient and nursing interests on a
wide range of issues by working closely with the Government, the UK
parliaments and other national and European political institutions, trade
unions, professional bodies and voluntary organisations.
RCN Council is able to authorise all forms of industrial action on behalf of
its members. Rule 12 of the RCN’s Rules outlines the circumstances in
which RCN Council may authorise such action.
Rule 12 .1 states:
“It is a fundamental principle of the College that its members shall not act
in any way which is detrimental to the well being or interests of their
patients or clients. Without prejudice to this fundamental principle, the
Council is empowered to authorise action by members of the College in
furtherance of an industrial dispute and to make regulations governing the
procedure to be followed. This rule may not be altered, amended, added
to or repealed other than by resolution of the College in general meeting
passed by no less than two-thirds majority of the members present or
voting by proxy”.
In arriving at a decision to authorise industrial action, RCN Council will
ensure that any action proposed is consistent with the above fundamental
principle and the principles set out by the International Council of Nurses
(ICN) and the Nursing and Midwifery Council (NMC) ‘Standards of conduct,
performance and ethics for nurses and midwives’.
Those principles may be summarised as follows:

The complete abandonment of ill patients is inconsistent with the purpose and
philosophy of professional nurses and their professional organisations as
reflected in ICN’s Code of Ethics for Nurses and the NMCs ‘Standards of
conduct, performance and ethics for nurses and midwives’

Crisis intervention by nurses for the preservation of life is essential

Ongoing nursing care will be provided to ensure the survival of those unable
to care for themselves
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
Nursing care required for therapeutic services without which life would
be jeopardised will be given

Nursing involvement will be necessary for urgent diagnostic procedures
required to obtain information on potentially life-threatening conditions

Any action will comply with the statutory legislation for the implementation of
industrial action.

In the event of strike action a minimum essential service to the general public
must be maintained.

Council will require evidence that the action will not breach any of the
aforementioned principles
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