Labour Court Database __________________________________________________________________________________ File Number: CD92519 Case Number: LCR13877 Section / Act: S26(1) Parties: UNIVERSITY COLLEGE GALWAY - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
A dispute concerning the staffing level of technicians.
Recommendation:
5. This dispute illustrates the conflict that may arise between
different areas within an employment in regard to the provision of
services in the context of limited resources. On the one hand the
claimants and the Departments in which they serve seek the ideal
number of technicians while the Finance Committee of the College
seeks to have primary regard to what best serves the overall
education requirements of the College.
The Court recognises that it is a matter solely for the College to
determine, within the limited resource available, the appropriate
level of staffing of its various Departments.
However, the Court must consider the complaint by the Technicians
that College determinations in this context have worsened their
conditions of employment. The case made by the technicians is
that as a result of the total rejection by the College of the
recommendations of the Technical staffing Committee they have
suffered in their capacity to deliver the service for which they
are responsible, with consequentail adverse effects on their
morale. The Court coniders that there is some substance in their
claim.
Accordingly, in the interest of orderly and satisfactory
industrial relations, the Court recommends that the College as a
matter of urgency re-consider the staffing levels of technicians
with a view to ameliorating existing difficulties.
Division: Mr Heffernan Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD92519 RECOMMENDATION NO. LCR13877
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: UNIVERSITY COLLEGE GALWAY
(Represented by the Federation of Irish Employers)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. A dispute concerning the staffing level of technicians.
BACKGROUND:
2. 1. In April, 1990, the Union raised the question of
technician staffing levels with the College. They
referred to the increased numbers of students and academic
staff and the quality of technical support being made
available to these people with reduced numbers.
2. To cope with increased student numbers, two departments
within the College's science faculty introduced evening
practicals which required technical staff to work
overtime. The Union co-operated with the College on this
overtime while a sub-committee carried out a review of the
technical staffing needs of the College. This
sub-committee, in its report of the 8th July, 1991,
recommended that 5 technician posts be created.
3. In September, 1991, the Union placed a ban on overtime
being worked by its technician members because of the
College's failure to appoint additional technicians.
4. Conciliation conferences took place on this and other
issues on the 3rd December, 1992, 25th February, 1992 and
16th July, 1992 but agreement could not be reached. The
issue was referred to the Labour Court on the 6th August,
1992 and the Court investigated the matter on the 30th
October, 1992 in Galway.
UNION'S ARGUMENTS:
3. 1. The union believed that the College was acting in good
faith when the original review was put forward as a way of
addressing the staffing problem. It now appears that this was
not the case.
2. The review committee found that some departments were
badly off, faced considerable and increasing pressures and
the 5 posts recommended were essential. It also stated that
the 5 posts would help maintain some realistic ratio between
technician staffing levels and student/academic staff numbers.
3. Heads of departments, who are senior managemers in the
College, are still seeking increased technician numbers.
4. Apart from the question of the safety and health of
staff and students, the quality of education currently being
offered is suffering as a result of the failure of College to
implement it's own recommendations vis a vis essential
technician numbers.
5. The Union participated in an exercise which allowed the
'Practicals' be covered for almost two years. This was done
in the reasonable expectation that if the exercise
demonstrated what the union believed to be true, regarding the
need for more technical staff, then College would in good
faith honour the result.
6. Recently in the Regional Technical College in Galway, a
similar problem of increased student numbers occurred and the
immediate response of that College was to temporarily increase
staff numbers including technical staff.
7. For the College to use finance as an argument is
difficult to accept. The College should have considered
technician resources at the time of deciding to increase the
student and academic population. If it was the intention or
known, that whatever the result of the technician review was
there would be no finance available then the College should
have made this known to the Union.
COLLEGE'S ARGUMENTS:
4. 1. The finance committee considered the recommendation for
5 technician posts in the context of overall demands before it
for additional posts and within the constraints of its budget
for 1991/92. It was considered that the College's overall
complement of 94 technical staff compared favourably with the
figure of 96 technical staff working in another institution
which has a bigger student population.
4. 2. The Higher Education Authority has made it clear to the
College that finance will not be forthcoming to fund
additional technical appointments.
3. The College does admit that in some Departments the
existing complement of technical staff is low relative to
requirements. However, there are Departments in which
technician staff levels are more than adequate and staff
members are underutilised. The College could improve the
overall situation through appropriate redeployment of
employees and there is in existence an agreement with the
Union to allow for this.
RECOMMENDATION:
5. This dispute illustrates the conflict that may arise between
different areas within an employment in regard to the provision of
services in the context of limited resources. On the one hand the
claimants and the Departments in which they serve seek the ideal
number of technicians while the Finance Committee of the College
seeks to have primary regard to what best serves the overall
education requirements of the College.
The Court recognises that it is a matter solely for the College to
determine, within the limited resource available, the appropriate
level of staffing of its various Departments.
However, the Court must consider the complaint by the Technicians
that College determinations in this context have worsened their
conditions of employment. The case made by the technicians is
that as a result of the total rejection by the College of the
recommendations of the Technical staffing Committee they have
suffered in their capacity to deliver the service for which they
are responsible, with consequentail adverse effects on their
morale. The Court coniders that there is some substance in their
claim.
Accordingly, in the interest of orderly and satisfactory
industrial relations, the Court recommends that the College as a
matter of urgency re-consider the staffing levels of technicians
with a view to ameliorating existing difficulties.
~
Signed on behalf of the Labour Court
Kevin Heffernan
27th November, 1992 ----------------
P O'C/U.S. Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR PAUL O'CONNOR, COURT SECRETARY