Labour Court Database __________________________________________________________________________________ File Number: CD89477 Case Number: LCR12512 Section / Act: S67 Parties: BORD NA MONA - and - MANUFACTURING SCIENCE FINANCE |
Dispute concerning advertisement of promotional posts.
Recommendation:
5. Having considered the submissions from both parties the Court
recommends concession of the Union's claim that the agreement of
1977 be adhered to in relation to all promotions.
The Court considers that assignments which carry additional
remuneration fall within the ambit of the agreement of 1977.
Division: Ms Owens Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD89477 RECOMMENDATION NO. LCR12512
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BORD NA MONA
AND
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Dispute concerning advertisement of promotional posts.
BACKGROUND:
2. In 1977 an agreement was reached between the Bord and the
Union that all promotional vacancies would be advertised. The
Union claims that in a number of recent appointments this
agreement has not been adhered to. The Bord maintains that it has
complied with the terms of the 1977 Agreement. No agreement could
be reached at local level and the matter was referred to the
conciliation service of the Labour Court. A conciliation
conference was held on 7th October, 1988 and again on 12th June,
1989. On 29th June, 1989 the matter was referred to the Labour
Court for investigation and recommendation. The Court
investigated the dispute on 20th July, 1989.
UNION'S ARGUMENTS:
3. 1. The 1977 Agreement (details supplied to the Court) was
strictly adhered to until recently, since then however a
number of promotional posts have been filled without
advertising. In addition, in some cases vacancies have been
filled from outside by advertising through consultancies, etc.
The Union's main concern is that equal opportunities are given
to all workers concerned to apply for promotional positions
within the Bord. This can only be done if all vacancies are
advertised internally.
3. 2. It is accepted that in some cases due to the requirement
for specialised knowledge some vacancies would also require
outside advertising. The Union does not object to this but
does object to the situation where a unilateral decision has
been taken by some senior management that such specialist
knowledge is not available within the Bord and therefore does
not require internal advertising. The 1977 Agreement should
be adhered to fully.
BORD'S ARGUMENTS:
4. 1. It has been and will continue to be Company policy to
advertise promotional positions in the Bord and its record in
this area is apparent (details supplied to the Court). The
last two years has been a period of rapid change and a large
number of positions within the Bord have been filled. The
Union has referred to a number of positions which it alleges
have been filled contrary to the 1977 Agreement. Management
has not acted outside of the Agreement in filling any of these
positions (details supplied to the Court) and is committed to
advertising promotional positions within the Company.
2. In the current climate of rapid change however, it is
often necessary to assign new duties and responsibilities to
employees of the Company. This practice is fundamentally
different to the filling of promotional posts and does not
therefore come within the scope of the 1977 Agreement.
Management must be in a position to assign and re-assign
duties and responsibilities in line with requirements during
the difficult transitional period of the Company which
involves major restructuring.
RECOMMENDATION:
5. Having considered the submissions from both parties the Court
recommends concession of the Union's claim that the agreement of
1977 be adhered to in relation to all promotions.
The Court considers that assignments which carry additional
remuneration fall within the ambit of the agreement of 1977.
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Signed on behalf of the Labour Court,
Evelyn Owens
___11th___August,___1989. ___________________
U. M. / M. F. Deputy Chairman