Labour Court Database __________________________________________________________________________________ File Number: CD91426 Case Number: LCR13434 Section / Act: S26(1) Parties: BRAY URBAN DISTRICT COUNCIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claims concerning:- (a) Filling of vacancy of Assistant Town Overseer. (b) Filling of vacancy of Ganger.
Recommendation:
7. The Court having considered the submissions of the parties
finds that in all the circumstances the vacancy of Assistant Town
Overseer should be filled without delay.
The Court does not concede the union claim for the appointment of
a ganger.
Division: MrMcGrath Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91426 RECOMMENDATION NO. LCR13434
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: BRAY URBAN DISTRICT COUNCIL
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claims concerning:-
(a) Filling of vacancy of Assistant Town Overseer.
(b) Filling of vacancy of Ganger.
BACKGROUND:
2. Following the introduction of the Voluntary Redundancy
Early Retirement scheme, the number of permanent employees working
for the Council were reduced from 82 to 62. About 1987 the post
of Assistant Town Overseer became vacant and in 1990 the post of
Ganger became vacant. The Union sought to have the posts filled
in the traditional way but for various reasons the Council claimed
that no real vacancies existed. As no agreement could be reached
at local level, the Union referred the issues to the conciliation
service of the Labour Court. Conciliation conferences were held
on 5/3/90 and 29/7/91 and as no agreement could be reached the
claims were referred to the Labour Court for investigation and
recommendation. The Court hearing took place on 24/9/91.
Claim (A) Filling of post - Assistant Town Overseer.
UNION'S ARGUMENTS:
3. 1. Supervisory posts are normally filled by the outdoor
staff. A reduction in supervisory posts worsens our members'
conditions of employment.
2. The activities of the Council continue to expand. The
number of developments within its jurisdiction have increased
and there is, therefore, a need for effective supervision.
3. It has been reported to the Union that a Clerk of Works,
who was recently employed by the Council, is being involved in
work other than capital projects i.e. work which would
normally be done by the Assistant Town Overseer.
COMPANY'S ARGUMENTS:
4. 1. The overall reduction in staff has reduced the requirement
for supervisory positions.
2. The position could be deemed to have become vacant due to
natural wastage.
Claim (b) Filling of post - Ganger.
UNION'S ARGUMENTS:
5. 1. The Union at national level is concerned with the
disproportunate reduction in staff in the manual grades
compared to the reduction in other categories. There is no
delay in filling vacant posts in the management/officer
grades.
COMPANY'S ARGUMENTS:
6. 1. The previous holder of the position was not in fact a
ganger but he fulfilled a duel role of Driver/Ganger. The
Council has filled the driver's position and, therefore, no
vacancy exists.
RECOMMENDATION:
7. The Court having considered the submissions of the parties
finds that in all the circumstances the vacancy of Assistant Town
Overseer should be filled without delay.
The Court does not concede the union claim for the appointment of
a ganger.
~
Signed on behalf of the Labour Court
Tom McGrath
____________________
10th October, 1991. Deputy Chairman
F.B./J.C.