Labour Court Database __________________________________________________________________________________ File Number: CD88237 Case Number: LCR11909 Section / Act: S67 Parties: ST. ANGELA'S COLLEGE SLIGO - and - TEACHERS' UNION OF IRELAND |
Dispute concerning an employment contract for twelve full-time teachers employed by the College.
Recommendation:
7. Having considered the submissions made by the parties, the
Court recommends that the draft document appended to management's
submission pertaining to Conditions of Service for the claimants
be amended as follows -
There should be a preamble consisting of the following - Paragraph
1 relating to the employer extended to include the following -
"The ethos of the College is Catholic and all appointees shall
have respect for that ethos and for the religious beliefs of
students and staff members of the College. The College is
open to all religious denominations and all staff members are
entitled to religious freedom".
Paragraph 2 relating to College Management should also form part
of the preamble.
Following the preamble, the heading "Conditions of Service for
Academic Staff" should then be inserted and the remaining
paragraphs be re-numbered with the exception of the existing
Paragraph 13 which should now be deleted.
The Court also recommends that Paragraph 5 relating to Probation
should be amended to exclude the words "with the concurrence of
the Minister for Education".
The Court further recommends that Paragraph 12.6 be amended by the
deletion of the words "and which would affect the College's
operation or reputation" and the insertion after the word
"dishonest" of the words "thereby adversely affecting the
College's good standing".
In addition the Court urges that, in view of the length of time
spent by the parties in endeavouring to resolve this issue, both
parties accept this recommendation.
Division: Mr Fitzgerald Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD88237 RECOMMENDATION NO. LCR11909
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ST. ANGELA'S COLLEGE SLIGO
(Represented by the Federated Union of Employers)
and
TEACHERS' UNION OF IRELAND
SUBJECT:
1. Dispute concerning an employment contract for twelve full-time
teachers employed by the College.
BACKGROUND:
2. The College is run by the Irish Ursuline Union and produces
Home Economics teachers for post-primary schools.
3. Following negotiations over a two year period the parties have
drawn up a document headed "Conditions of Service for Academic
Staff". However there are three items on which the parties cannot
reach agreement. These are -
(a) the clause dealing with Probation, - the College wishes
to delete the phrase" with the concurrence of the
Minister for Education" - the Union objects to its
deletion,
(b) the clause dealing with dismissal, - the Union objects
to the insertion of the phrase" which would affect the
College's operation or reputation", and
(c) the clause on religious freedom - the Union object to
the inclusion of this clause which reads "while the
College is open to all religious denominations and all
staff members are entitled to religious freedom, the
ethos of the College is Catholic and the appointee shall have
respect for that ethos and for the religious beliefs of
the students and other staff members of the College".
4. The matter was referred to the Conciliation Service of the
Labour Court on 12th January, 1988. A Conciliation Conference was
held on 10th March, 1988. As no agreement was possible both
parties agreed to a referral to the Labour Court for investigation
and recommendation. A Court hearing was held in Sligo on 26th
April, 1988.
UNION'S ARGUMENTS:
5. 1. At the outset of negotiations it was agreed between the
parties that there would be no worsening of conditions of
service of the staff concerned. The Union entered into
negotiations with the College on the understanding that the
College wished to "regularise the situation regarding staff
contracts". It is the Union's view that the three matters
before the Court represent a serious worsening of the
conditions of service of the staff concerned.
2. There are already two documents relating to conditions of
service held by staff members. One document is held by
members with many years service while the other one is held
by members who have joined since the 1970's onwards. In both
documents the need for the concurrence of the Minister for
Education to dismiss someone while on probation is contained.
Also what the College wishes to insert in relation to the
dismissal clause and the ethos clause is not contained in
these documents (details supplied to the Court).
3. The Union is seriously concerned that what the College is
now seeking to do represents a major departure from a
previous Labour Court recommendation in respect of St.
Angela's College whereby the Court recommended parity of pay
with Thomond College (LCR No. 7457 refers) which put St.
Angela's on an equal footing with Thomond as third level
colleges producing specialist teachers for post-primary
schools. The proposed changes are at variance with the
conditions of service applying in Thomond College (details
supplied to the Court). Similarly what the Employer is
seeking is not provided for in other religious controlled
Colleges of Education.
4. The Union believes that what the College is seeking to
impose raises many very serious issues. These issues, which
are of a fundamental kind, have aspects that are legal,
moral, public and private. They extend well beyond the
employment relationship, particularly the employment
relationship which is formalised in a signed conditions of
service document. The issues raised also include the
constitutional and other rights held by individuals as
citizens of the Irish State - as distinct from the rights
they hold on foot of their status as an employee. There is
the additional entitlements which accrue as a result of
holding citizenship of the European Community. The Union
equally believes that the College's action in pressing the
matter thus far - into the Labour Court itself with a request
for recommendation - raises the rights held by employers in
the Irish State, particularly in the context of an employment
which is totally funded through State funds including the
payment of all employees by means of those State funds.
COLLEGE'S ARGUMENTS:
6. 1. The College insists that this clause should remain for
the following reasons -
- all individuals have the right in this country to
religious freedom, the College is simply guaranteeing
this right.
- all staff and students in the College should have a
guarantee that their beliefs are treated with respect,
both by students and fellow employees alike.
- the ethos of the College is Catholic. All staff when
they are joining the College are made aware of this
fact. The College are simply seeking that this is
respected. It is not endeavouring to force their
beliefs on staff.
- all organisations have a fundamental philosophy. This
is not a matter which is subject to negotiation and
agreement with employee representative bodies.
Similarly, in this case the College do not believe that
the clause on religious freedom is a matter for
negotiation and agreement.
2. The College is apposed to the inclusion of the phrase
'with the concurrence of the Minister for Education' in the
sections which deal with termination of employment. The
Minister for Education, the Department of Education or for
that matter any other outside body does not have a role to
play in the management of the College. This has always been
the case and has been clearly stated by the Department of
Education itself. The College is the employer and therefore
it must have the right to hire and fire staff, provided it
does so for justifiable reasons. No outside body has the
right to interfere with the College decision making process.
The Union, of course, may represent staff and appeal
decisions.
3. In the section dealing with dismissals the phrase 'Which
would affect the College's operation or reputation' was
included as a safeguard for the staff by qualifying the
circumstances under which an individual may be dismissed. It
is therefore in the interest of the staff that it should
remain. The College has the interest of all the staff at
heart. By drafting this document it is safeguarding their
interests and by seeking that this clause is included it is
providing further protection.
RECOMMENDATION:
7. Having considered the submissions made by the parties, the
Court recommends that the draft document appended to management's
submission pertaining to Conditions of Service for the claimants
be amended as follows -
There should be a preamble consisting of the following - Paragraph
1 relating to the employer extended to include the following -
"The ethos of the College is Catholic and all appointees shall
have respect for that ethos and for the religious beliefs of
students and staff members of the College. The College is
open to all religious denominations and all staff members are
entitled to religious freedom".
Paragraph 2 relating to College Management should also form part
of the preamble.
Following the preamble, the heading "Conditions of Service for
Academic Staff" should then be inserted and the remaining
paragraphs be re-numbered with the exception of the existing
Paragraph 13 which should now be deleted.
The Court also recommends that Paragraph 5 relating to Probation
should be amended to exclude the words "with the concurrence of
the Minister for Education".
The Court further recommends that Paragraph 12.6 be amended by the
deletion of the words "and which would affect the College's
operation or reputation" and the insertion after the word
"dishonest" of the words "thereby adversely affecting the
College's good standing".
In addition the Court urges that, in view of the length of time
spent by the parties in endeavouring to resolve this issue, both
parties accept this recommendation.
~
Signed on behalf of the Labour Court
23rd June, 1988 Nicholas Fitzgerald
M.D./P.W. Deputy Chairman