Labour Court Database __________________________________________________________________________________ File Number: CD94273 Case Number: LCR14502 Section / Act: S26(1) Parties: DUBLIN COUNTY COUNCIL - and - BUILDING AND ALLIED TRADES UNION;UNION OF CONSTRUCTION ALLIED TRADES AND TECHNICIANS |
Dispute concerning access to the supervisory structure.
Recommendation:
Given all of the arguments made by the parties in their oral and
written submissions and having considered LCR12824, the Court does
not find that grounds have been adduced for excluding the civil
craftsmen employed in the Parks Department, from competitions for
Foreman of Works, Assistant Foreman of Works and Chargehand in
that department. The Court concurs with the previous Labour Court
recommendation that supervisory appointments in the Parks
Department should be made using the same criteria which apply to
the appointment of foremen and assistant foremen in the Local
Authority craft grades.
The Court, therefore, recommends that the parties seek to put in
place an arrangement which will address the reservations of the
civil craftsmen regarding their promotional prospects in all
sections, including the Parks Department.
Division: MrMcGrath Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD94273 RECOMMENDATION NO. LCR14502
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
DUBLIN COUNTY COUNCIL
AND
BUILDING AND ALLIED TRADES UNION
UNION OF CONSTRUCTION ALLIED TRADES AND TECHNICIANS
SUBJECT:
1. Dispute concerning access to the supervisory structure.
BACKGROUND:
2. 1. Following a number of Labour Court Recommendations,
gardeners working in the Parks Department of Dublin
Corporation were regraded as craft workers and a new
supervisory structure agreed. Shortly afterwards
following LCR12824 a similar arrangement was agreed
between Dublin County Council and the Union for
gardeners in the Parks Department of the Council.
Agreement was also reached in June, 1992, to create a
number of supervisory positions at foreman of works,
assistant foreman of works and chargehand.
On 17th November, 1992, the Union sought access for all
craft workers to the newly regraded promotional posts.
The Council indicated that it was unable to accede to
the Union's request as the posts would be confined to
gardeners who had satisfactorily completed a course of
training in horticulture or had served an apprenticeship
to gardening of not less than five years duration. The
dispute was referred to the Labour Relations Commission
and a conciliation conference was held on 12th November,
1993. Agreement could not be reached and the dispute
was referred by the Labour Relations Commission to the
Labour Court on 6th May, 1994. The Court investigated
the dispute on 20th June, 1994.
UNION'S ARGUMENTS:
3. 1. The Council had a duty to all craft workers in the
Department to ensure they were fully informed of the
vacancies and where in a position to compete for the
supervisory positions if they so wished.
2. In adopting the Local Authority craft supervisory
structure, the Council accepted all that goes with the
complete supervisory structure which applies throughout
the Local Authority Service.
3. By denying civil craft workers the right to compete for
the vacant positions, the Council has blatantly
discriminated against those workers.
4. The Council's assertion that it has simply continued the
traditional method of appointing foremen of works in the
Parks Department is incorrect. In the past civil craft
workers have been appointed as foremen of works in the
Parks Department of the Council.
COMPANY'S ARGUMENTS:
4. 1. Access to Supervisory posts within the Parks Department
has, since 1972, been restricted to those who possess a
horticultural qualification or who have served a five
year apprenticeship in gardening. This is so, as it is
absolutely essential for the Parks Supervisors to have a
thorough knowledge of the propagation and cultivation of
plants and of landscape and decorative gardening. Civil
Craftsmen, such as Bricklayers, do not possess the
necessary training and knowledge in these areas and
consequently, the Council is unable to facilitate their
request for access to these supervisory positions.
2. Labour Court Recommendation No. 12824, whilst awarding
Craft status to the gardening grades, stipulated in
paragraphs 2 and 3 of its recommendation that craft
status and pay was to be granted in the case of those
gardeners who possess the required horticultural
qualifications, thus confirming the traditional position
in the County Council, that supervisory positions in the
Parks Department be confined to persons who possess
these qualifications
3. The Labour Court investigation which resulted in the
issue of LCR12824, focused specifically on the regrading
of those Gardeners then employed in the Supervisory
structure of the Council's Parks Department and it was
those Gardeners only who were permitted to compete for
the newly created posts of Foreman of Works (Parks),
Assistant Foreman of Works (Parks) and Chargehand
(Parks). The Court in recommending the revised
regrading structure acknowledged that staff appointed to
grades within this revised regrading structure would of
necessity have to possess the traditionally required
horticultural qualifications. This continues to be the
Council's policy for operational and efficiency reasons.
4. The Council is satisfied that it's inability to allow
Civil Craftsmen (including bricklayers) apply for
supervisory posts in the Parks Department does not
represent an injustice to staff in those grades as there
are approximately 50 other supervisory positions in the
Civil Crafts areas which bricklayers can apply for when
vacancies arise and which Gardeners are excluded from
competing for as they, in such cases, do not possess the
required training and knowledge in the Civil Engineering
field.
RECOMMENDATION:
Given all of the arguments made by the parties in their oral and
written submissions and having considered LCR12824, the Court does
not find that grounds have been adduced for excluding the civil
craftsmen employed in the Parks Department, from competitions for
Foreman of Works, Assistant Foreman of Works and Chargehand in
that department. The Court concurs with the previous Labour Court
recommendation that supervisory appointments in the Parks
Department should be made using the same criteria which apply to
the appointment of foremen and assistant foremen in the Local
Authority craft grades.
The Court, therefore, recommends that the parties seek to put in
place an arrangement which will address the reservations of the
civil craftsmen regarding their promotional prospects in all
sections, including the Parks Department.
~
Signed on behalf of the Labour Court
13th July, 1994 Tom McGrath
P.O.C./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.