Labour Court Database __________________________________________________________________________________ File Number: CD8945 Case Number: LCR12269 Section / Act: S67 Parties: F.A.S. - and - CIVIL AND PUBLIC SERVICE STAFF UNION |
Dispute concerning the filling of vacancies in the grades of Employment Service Officer and Senior Employment Service Officer.
Recommendation:
8. The Court is of the opinion that as there is a surplus number
of staff at grades 8, 9, and 10 level in F.A.S. at present it
would be unreasonable to expect that further numbers would be
promoted to these grades. The Court therefore does not consider
the proposal to fill vacancies in Senior Employment Service
Officer and Employment Service Officer grades by way of
competition amongst the grades 8, 9, and 10 (with the successful
candidates being appointed at their existing grade) as
unreasonable. In the Court's view such appointments cannot be
considered as "promotions".
The Court notes that the grading structure within the organisation
has not yet been decided. The date for designation from Civil
Service to F.A.S. is also undecided.
The Court was influenced in reaching its decision by the freely
given undertaking from F.A.S. that promotional vacancies are not
and will not normally be confined to any particular category or
grade and specifically will not exclude the claimants. In all the
circumstances of the case the Court does not recommend concession
of the Union's claim.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD8945 RECOMMENDATION NO. LCR12269
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: F.A.S.
AND
CIVIL AND PUBLIC SERVICE STAFF UNION
SUBJECT:
1. Dispute concerning the filling of vacancies in the grades of
Employment Service Officer and Senior Employment Service Officer.
BACKGROUND:
2. The Employment Service Office of F.A.S. was formerly the
National Manpower Service (N.M.S.) of the Department of Labour.
Its function was to provide placement and guidance services and
career information to job seekers as well as the administration of
a wide range of work experience, training and employment schemes.
3. From 1st January, 1988 F.A.S. came into existence and took
over the functions of ANCO, The Youth Employment Agency and the
National Manpower Service which were then disolved and wound up.
Under agreed arrangements some 150 clerical staff at staff
officer, clerical officer and clerical assistant grade who were
civil servants were seconded to the new Authority. The workers
concerned will retain civil service status until such time as they
have been designated on a date yet to be decided. This number has
been reduced to approximately 120 under the voluntary severance
scheme operated by F.A.S.
4. In December, 1988 the Authority advertised (internally)
positions in employment services officer and senior employment
service officer grades. There are approximately 40 vacancies and
management invited applications from grades 8, 9, and 10, which
are equivalent to higher executive officer (H.E.O.) and executive
officer (E.O.) grades in the civil service. The positions
advertised would equate to placement officer (H.E.O.) and
placement officer (E.O.) in the former N.M.S.
5. The Union claimed that the clerical grades employed in the
Employment Services Offices should have access to these grades.
F.A.S. rejected the claim and the matter was referred to the
conciliation service of the Labour Court on 3rd January, 1989. A
conciliation conference was held on 17th January, 1989. As no
agreement was possible both parties consented to a referral to the
Labour Court. A Court hearing was held on 31st January, 1989.
UNION'S ARGUMENTS:
6. 1. The clerical grades should be eligible to compete for
positions at executive level in a manner that would provide
for the most suitably qualified staff obtaining these
positions. These workers are the frontline staff dealing
directly with the public, providing information and advice on
the range of activities carried out by the Employment Service
Offices. They also provide support services for Employment
Service Officers. There is no doubt that these workers have
the qualifications, experience and ability to fill executive
positions in the employment services offices. In many cases
staff are already operating at this level.
2. Management have argued that it has a surplus of staff at
H.E.O./E.O. level and as a result it was required to fill the
vacancies by redeployment. The Union contends that the
question of redeployment of surplus staff should be a matter
for discussion with a view to finding a mutually acceptable
solution to this problem. The Union contends that prior
consultation should have taken place on the filling of these
vacancies.
3. There is no basis for the exclusion of clerical grades as
decided by management and it offends against the principles of
natural justice, fair access to promotional opportunities, and
reasonable prospects for career development.
4. It is contrary to the agreed transfer arrangements under
the Labour Services Act, 1987 under which staff were appointed
to F.A.S. (details supplied to the Court).
AUTHORITY'S ARGUMENTS:
7. 1. F.A.S. is a new organisation and as a result of
restructuring must redeploy surplus staff at various grades
because of scaling-down of certain activities.
2. The positions in dispute are not promotional opportunities
(fillable vacancies) and as such can only be filled by
redeployment at compatible grades.
3. If and when fillable vacancies arise in F.A.S. they will
become available for competition amongst all staff.
7. 4. The guarantees which the Union claim under the Labour
Services Act are not relevant to this issue and do not apply
to their members until such time as they are designated and
formally transferred to F.A.S.
5. In any event their understanding of the Act is erroneous.
It would not require F.A.S. to import into F.A.S. a civil
service mechanism for confined competition for F.A.S. posts.
If it did, this practice would be unworkable for F.A.S. and
discriminatory to all other F.A.S. staff who were not former
civil servants.
RECOMMENDATION:
8. The Court is of the opinion that as there is a surplus number
of staff at grades 8, 9, and 10 level in F.A.S. at present it
would be unreasonable to expect that further numbers would be
promoted to these grades. The Court therefore does not consider
the proposal to fill vacancies in Senior Employment Service
Officer and Employment Service Officer grades by way of
competition amongst the grades 8, 9, and 10 (with the successful
candidates being appointed at their existing grade) as
unreasonable. In the Court's view such appointments cannot be
considered as "promotions".
The Court notes that the grading structure within the organisation
has not yet been decided. The date for designation from Civil
Service to F.A.S. is also undecided.
The Court was influenced in reaching its decision by the freely
given undertaking from F.A.S. that promotional vacancies are not
and will not normally be confined to any particular category or
grade and specifically will not exclude the claimants. In all the
circumstances of the case the Court does not recommend concession
of the Union's claim.
~
Signed on behalf of the Labour Court,
Evelyn Owens
___________________
10th February, 1989.
M. D. / M. F. Deputy Chairman.