Labour Court Database __________________________________________________________________________________ File Number: CD9389 Case Number: LCR14120 Section / Act: S26(1) Parties: DONEGAL COUNTY COUNCIL - and - IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION (IMPACT |
A claim for "Officer" status for four Receptionist/Telephonists.
Recommendation:
5. The Court having considered the submissions from the parties
recommends concession of the Union's claim on behalf of the four
claimants.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD9389 RECOMMENDATION NO. LCR14120
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: DONEGAL COUNTY COUNCIL
and
IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION (IMPACT)
SUBJECT:
1. A claim for "Officer" status for four
Receptionist/Telephonists.
BACKGROUND:
2. 1. The four workers were appointed to the positions of
"non-officer" Receptionist/Telephonists by the Council. On
the 6th May, 1991, the Union requested the re-designation of
their "non-officer" status to that of "Officer". The Council
rejected this and the matter was referred to the Labour
Relations Commission on the 14th October, 1991.
2. Conciliation conferences took place on the 12th February,
1992 and 25th November, 1992 but agreement could not be
reached. The issue was referred by the Labour Relations
Commission to the Labour Court on the 2nd February, 1993 and
the Court investigated the matter on the 15th June, 1993 in
Sligo.
UNION'S ARGUMENTS:
3. 1. The four workers are wholetime engaged in work appropriate
to officer grade status.
2. The four workers have an established pay relationship with
Grade II Officers employed in Local Authorities.
3. All Receptionist/Telephonists employed by the North
Western Health Board enjoy "Officer" status.
4. Westmeath County Council were successful in converting
their Receptionist/Telephonist "Non-Officer" post to "Officer"
status.
5. Denial of "Officer" status is inequitable given that the
vast majority of Local Authority Employers have designated
equivalent posts, as Officer posts.
COUNCIL'S ARGUMENTS:
4. 1. The creation of offices is statutorily reserved to the
elected Council of the Local Authority and can only be granted
with the sanction of the Minister for the Environment.
2. Three of the four Receptionist/Telephonists were recruited
without competition and it would be contrary to the provisions
of the Local Government (Appointment of Officers) Regulations,
1974, and the Council's own policy, to appoint persons to
officer posts, without competition at any stage.
3. The Council would be unable to accommodate four additional
officer posts within the numbers approved for the Local
Authority.
RECOMMENDATION:
5. The Court having considered the submissions from the parties
recommends concession of the Union's claim on behalf of the four
claimants.
~
Signed on behalf of the Labour Court
Evelyn Owens
_____________________
25th June, 1993. Deputy Chairman.
P.O'C./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.