Labour Court Database __________________________________________________________________________________ File Number: CD90284 Case Number: LCR12982 Section / Act: S67 Parties: DEPARTMENT OF EDUCATION - and - TEACHERS' UNION OF IRELAND |
Claim seeking the establishment of a pro-rata part-time equivalent of the Lecturer II teaching grade.
Recommendation:
5. The Court, having fully considered the submissions of the
parties, finds that except in exceptional circumstances, Lecturer
11 scale posts are a promotional outlet.
The Court considers that there are reasonable grounds for the
expectation of eligible part-time teachers to aspire to the L11
scale, in the same way as wholetime teachers in the L1 grade.
The Court notes that the Department of Education and the CDVEC
acknowledge that promotional apportunities to the pro-rata
equivalent of L11 would be available in the future to EPT
lecturers.
It is the view of the Court that the parties should discuss the
issue as a matter of urgency and seek to agree a basis whereby
appointments can be made of EPTs to the L11 grade. The agreement
should seek to make promotional opportunities to the pro-rata
equivalent of L11 commencing in the 1991/92 academic year.
The Court so recommends.
Division: MrMcGrath Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD90284 RECOMMENDATION NO. LCR12982
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DEPARTMENT OF EDUCATION
CITY OF DUBLIN VOCATIONAL EDUCATION COMMITTEE (CDVEC)
AND
TEACHERS' UNION OF IRELAND
SUBJECT:
1. Claim seeking the establishment of a pro-rata part-time
equivalent of the Lecturer II teaching grade.
BACKGROUND:
2. The Labour Court, in LCR10395 issued on 7th April, 1986,
recommended concession of a claim by the T.U.I. that the pay,
holiday and sick leave entitlements of part-time teachers in the
C.D.V.E.C. be in proportion to those of full-time teachers doing
an equivalent job. The Court advised that the issues involved
should be discussed by the parties with a view to implementation
by the beginning of the 1986/87 academic year, if possible, and,
if not, as soon as possible thereafter. The discussions
recommended by the Court led to the identification of a number of
issues on which the parties were unable to agree. The Union
referred the matter back to the Court for clarification, following
which LCR11328 was issued in July, 1987. Following this second
recommendation the parties again held discussions which resulted
in agreement to implement the pro-rata part-time scheme. That
agreement is contained in Department Circulars 38/89 in respect of
the CDVEC and 39/89 in respect of all other VECs (details supplied
to the Court). The Department of Education has implemented the
Court recommendations by the establishment of a pro-rata
equivalent of second level teachers on the common basic scale. In
the Regional Technical Colleges and Colleges of Technology there
are three main teaching grades. College teachers, who are the
lowest grade, Lecturer Is, the intermediate grade, and Lecturer
IIs, the highest grade. The Department has implemented the
Court's recommendations in respect of College Teachers and the
Lecturer grade I (details supplied to the Court) but not in
respect of the Lecturer II grade.
The Union raised this matter directly with the Department but
failed to resolve the problem. On the 25th January, 1990, the
matter was referred to the conciliation service of the Labour
Court. No agreement was reached at a conciliation conference on
the 22nd May (earliest suitable date) and the matter was referred
to the Labour Court for investigation and recommendation. A Court
hearing was held on the 28th June, 1990.
UNION'S ARGUMENTS:
3. 1. Labour Court Recommendations 10395 and 11328 clearly and
unambiguously recommended the establishment of a new system of
pay and conditions for part-time staff. The new system
replaced the hourly rate of pay, with a pro-rata system,
whereby a teacher or lecturer would be paid pro-rata their
equivalent permanent wholetime colleague, having regard to the
proportion of the wholetime colleague's work load that was
undertaken. Thus a college teacher, timetabled for 15 hours
per week teaching, would receive 15/20 of the pay and other
entitlements of a wholetime college teacher. The arrangement
is subject to the part-time teacher undertaking a minimum of
1/2 the hours of his/her permanent wholetime colleague.
2. The Department of Education has accepted both Labour Court
awards and implemented them through circular letters 38/89 and
39/89. In Department Circular 38/89, the acceptance of the
pro-rata principle is clearly illustrated by the following
statements:
Para. 3.1 of appendix I of the circular reads:-
"Starting pay for new eligible part-time teachers will be
the pro-rata equivalent of the minimum point of the
relevant scale."
Para. 2.1 of appendix I of the circular reads:-
"Eligible part-time teachers whose weekly reckonable
timetabled teaching hours are not less than half those
assigned to their equivalent permanent wholetime
colleagues will qualify for admission to the Scheme."
Again, Para 2.2 states:-
"Eligible part-time teachers will not be assigned
timetabled teaching hours in excess of those assigned to
their equivalent permanent wholetime colleagues."
From the foregoing, it is clear that the Labour Court
Recommendation as set out, and as understood by the Department
of Education, envisaged that there be a pro-rata part-time
equivalent of each wholetime teaching grade.
3. 3. In the VEC third level colleges, there are approximately
1,760 teaching staff employed. The breakdown of those staff
is 300 College Teachers, 800 Lecturer I s and 660 Lecturer II
s. Lecturer II s therefore constitute approximately 38% of
the teaching workforce. The Lecturer II s are the highest
teaching grade in a college and in the main undertake the
higher level work on Degree and Diploma courses and, to a
lesser extent, Certificate work. Agreed Report 5/82 of the
Teachers' Conciliation Council defines the courses which will
generate LII posts. It states in paragraph 4.1:
"The number of Lecturer II (teaching) posts in a
College to be calculated with reference to the total
amount of lecturing authorised for degree level
courses and third year of approved diploma level
courses, and an appropriate allocation in respect of
the first and second years of N.C.E.A. Diploma and
Certificate Courses and other approved equivalent
courses."
4. The work which generates LII teaching posts is in the main
the work undertaken by the Lecturer II grade. Given that
Lecturer II s constitute 38% of the teaching force and given
the definition of the work to generate these posts, it is
inescapable that some of this work is conducted by part-time
staff. That being the case, the part-time staff concerned
should, in accordance with Labour Court Recommendations 10395
and 11328, be paid pro-rata the Lecturer II scale, where they
do the appropriate work. The views expressed earlier about
(a) the work of Lecturer II s and (b) the fact that this work
is undertaken by part-time staff is not alone the Union view
but one shared by the Management side.
5. The City of Dublin VEC, in a letter to all wholetime staff
in the Colleges, on 9th March, 1984, stated as follows in this
regard:
Para (10) Paragraph 4.1 clearly indicates that the number of
LII teaching posts allocated in the College was
directly related to the amount of teaching in the
College on degree courses, the third year of
diploma courses and, to a lesser extent, on the
first and second years of diploma, certificate and
other approved equivalent courses. It should be
noted that a significant amount of the teaching
which generated LII teaching posts in both Colleges
of Technology was being done by part-time teaching
staff and by whole-time staff who resigned their
posts before the implementation of the Agreed
Report had begun.
From the foregoing, it is clear that part-time staff do
undertake work appropriate to Lecturer II s and that they
should, in accordance with the Labour Court Recommendations,
receive the appropriate pro-rata pay for this work as do their
colleagues whose work is pro-rata other grades such as College
Teacher and Lecturer I.
6. The provision of a pro-rata Lecturer II has become of
crucial importance given the expansion of the colleges,
particularly the expansion of higher level courses. For
example, the increase in Degree level courses has been 217%
between 1981/82 and 1988/89. The increase in the 3rd year
Diploma courses has been some 48% over the same period. Given
that the VECs carry approximately 10% of the teaching force as
part-time workers, it can be immediately seen that the
proportion of persons doing LII work on a part-time basis
without adequate remuneration, is increasing.
DEPARTMENT'S ARGUMENTS:
4. 1. The question being raised by the Union has not been
referred to at any time in the protracted negotiations on this
claim. Accordingly, there is no reference to it in the
document entitled "Agreement between the Official Side and the
T.U.I. on LCR11328" (details supplied to the Court). The only
paragraph which refers to salary scales of teaching grades is
paragraph 7.1. The only scales referred to are the Common
Basic Scale, the College Teacher Scale and the Lecturer 1
Scale. While it is accepted that this paragraph refers to
teachers who are not fully qualified as for a permanent
whole-time appointment, the Lecturer I scale was included on
the basis that this was the only Lecturer scale being
contemplated by both sides. The possibility that eligible
part-time teachers could be assigned to the LII scale on
appointment was never raised during the entire processing of
the claim.