Labour Court Database __________________________________________________________________________________ File Number: CD92124 Case Number: LCR13576 Section / Act: S26(1) Parties: FAS - and - CIVIL AND PUBLIC SERVICE UNION |
A dispute regarding the upgrading of workers.
Recommendation:
5. The Court has given careful consideration to the submissions
from the parties and the additional points made at the hearing.
On the basis of the information supplied and taking into account
the fact that the E.S.S. is not in operation, the Court does not
consider it could reasonably recommend concession of the Union's
claim for upgrading. The operation of the scheme may well,
however, result in some additional responsibility for some
employees and the Court, therefore, recommends that when the
scheme has been in operation for some time, the parties agree to
examine this aspect of the claim.
In this regard the Court notes that in their submission to the
Court, the Employer states that in the event of workload
difficulties arising when the scheme is in operation, it was
prepared to address the problem and if necessary allocate
resources.
In order to implement the above two examinations the Court further
recommends that the parties agree to set up a Joint Working Party
to report on the impact of the scheme with regards to volume and
responsibility.
The Court is concerned that there be no delay with the start up of
the Scheme which was developed by the Government in consulatation
with the social partners as a response to the severe unemployment
situation and accordingly recommends that the Union withdraw from
its current action. Both parties should therefore accept the
above recommendation as a reasonable method of resolving the
present dispute.
Division: Ms Owens Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD92124 RECOMMENDATION NO. LCR13576
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: FAS
and
CIVIL AND PUBLIC SERVICE UNION
SUBJECT:
1. A dispute regarding the upgrading of workers.
BACKGROUND:
2. 1. The Minister for Finance, in the budget speech,
announced the funding arrangements for 2 new
employment/training schemes; the Employment Subsidy Scheme
(ESS) and Company Training Scheme (CTS). The schemes were to
be operated by FAS, the training and employment authority, and
were to commence in February, 1992.
2. The Board of FAS met to discuss the schemes on 6th
February, 1992. Briefing sessions were held for the various
unions on 6th and 7th February, 1992. The Union subsequently
advised FAS that it would not co-operate with the introduction
of the new schemes. It sought discussions with FAS on the
following:-
(i) That two (2) Grade 14s be upgraded to Grade 11 in
each Region. There are 10 Regions which means a
total of 20 upgradings are being sought.
(ii) That Management give a commitment that in offices
where the volume of work increases to such an
extent, because of the two new Schemes, and where
current staffing levels cannot cope that staffing
levels in these offices will be looked at.
3. FAS refused to concede the Union's claim and the dispute
was referred to the Labour Relations Commission. A
Conciliation Conference was held on 14th February, 1992. No
progress was made and the dispute was referred to the Labour
Court for investigation and recommendation on 21st February,
1992. A Labour Court investigation took place on 27th
February, 1992.
UNION'S ARGUMENTS:
3. 1. The Union was briefed about the schemes on Friday 7th
February, 1992. The ESS was due to commence on Monday 10th
February, 1992. A date had yet to be decided for the CTS.
The workers involved in this claim work in 49 employment
services' offices in the 10 regions of FAS. The State is
experiencing the highest level ever of unemployment. For the
workers, this had led to an increase in the take up of
services (details supplied) with a consequent increase in
workload. FAS has not allocated additional staff or reviewed
its allocation of resources.
2. The proposed ESS and CTS, with take up targets of 15,000
and 10,000 respectively, will mean a large increase in
workload for the workers as they are directly involved in
preliminary and follow-up work/verifications. The workers are
in the front line in the employment services' offices and they
will be under intense pressure following the launch of the
schemes.
3. The staffing level covering all grades in FAS is set at
2,008 with specific numbers attached to each grade. The Union
has sought upgradings as distinct from promotions. This has
relatively minor financial implications for FAS. It will not
interfere with overall staffing considerations as there will
be no consequential vacancies to be filled. The Union would
submit that both grades do essentially the same duties.
FAS'S ARGUMENTS:
4. 1. The schemes have been announced by the Government as an
urgent response to the unemployment problem. They have the
support of the trades union movement. The schemes are now
public and material relating to them has been dispatched to
various locations. The general public and employers are now
making enquiries. Administration of schemes is normal FAS
work and no additional responsibilities arise from the
introduction of the new schemes. The ESS only will be
operated through the employment services' offices, while the
CTS will be operated by the industry section of FAS.
4. 2. If the claim is conceded, allocation of staff would have
to be from within the establishment level of 2,008 which was
approved by the Departments of Labour and Finance in 1991.
The establishment level was agreed with the Unions as part of
a package which included recruitment, promotions and
computerisation (details supplied). Any changes would require
ministerial sanction
3. FAS is prepared to examine any workload situations,
should the need arise. It is not in a position to do this
prior to the operation of the schemes. If a problem arises,
available resources will be allocated to the best advantage.
There are 3 unions representing workers in FAS. Of the total
workforce of 1970 (rising to 2,008), the Union represents less
than 100 workers. Concession of the claim would lead to
repercussive claims which FAS could not sustain.
RECOMMENDATION
5. The Court has given careful consideration to the submissions
from the parties and the additional points made at the hearing.
On the basis of the information supplied and taking into account
the fact that the E.S.S. is not in operation, the Court does not
consider it could reasonably recommend concession of the Union's
claim for upgrading. The operation of the scheme may well,
however, result in some additional responsibility for some
employees and the Court, therefore, recommends that when the
scheme has been in operation for some time, the parties agree to
examine this aspect of the claim.
In this regard the Court notes that in their submission to the
Court, the Employer states that in the event of workload
difficulties arising when the scheme is in operation, it was
prepared to address the problem and if necessary allocate
resources.
In order to implement the above two examinations the Court further
recommends that the parties agree to set up a Joint Working Party
to report on the impact of the scheme with regards to volume and
responsibility.
The Court is concerned that there be no delay with the start up of
the Scheme which was developed by the Government in consulatation
with the social partners as a response to the severe unemployment
situation and accordingly recommends that the Union withdraw from
its current action. Both parties should therefore accept the
above recommendation as a reasonable method of resolving the
present dispute.
~
Signed on behalf of the Labour Court
28th April,1992 Evelyn Owens
J.F./U.S. -----------
Deputy Chairman