Labour Court Database __________________________________________________________________________________ File Number: CD95343 Case Number: LCR14900 Section / Act: S26(1) Parties: DEPARTMENT OF DEFENCE - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION |
Claim on behalf of civilian staff for full establishment within the Civil Service.
Recommendation:
The Court having fully considered all of the views of the parties
as expressed in their oral and written submissions does not find
grounds have been put forward to warrant concession of the Union's
claim.
Accordingly the Court does not recommend concession of the claim.
Division: Mr McGrath Mr Pierce Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95343 RECOMMENDATION NO. LCR14900
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
DEPARTMENT OF DEFENCE
AND
AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim on behalf of civilian staff for full establishment
within the Civil Service.
BACKGROUND:
2. The workers concerned are employed by the Department of
Defence as clerical workers under Section 30 of the Defence
Act, 1954. The 1954 Act, specifically allows the Minister to
employ civilians in military posts. The civilians employed
are excluded from the provisions of the Civil Service
Commissioners Act, 1956 and the Civil Service Regulation Act,
1956.
The Union submitted a claim to have these civilian workers
(100 approximately) established as Civil Servants.
Local level discussions took place but no agreement was
reached and the matter was referred to the Labour Relations
Commission. A conciliation conference took place in January,
1995. As no agreement was reached the dispute was referred
to the Labour Court on 2nd June, 1995 under Section 26(1) of
the Industrial Relations Act, 1990. A Labour Court hearing
took place on 14th July, 1995.
UNION'S ARGUMENTS:
3. 1. The application of clerical officers rates of pay were
conceded in 1980 following an examination to determine
whether the work of civilian clerks was appropriate to
that of clerical officers employed by the civil service.
At negotiations following the examination the Union was
invited to pursue other conditions of service.
2. The workers concerned are in daily contact with Civil
Servants and the work performed could be equated with
the equivalent Civil Service grades.
3. Civil Service status has been conceded to several groups
of workers in the past who were employed under similar
conditions to the workers. In the circumstances the
Union's claim for equality of treatment for the workers
concerned is justified.
DEPARTMENT'S ARGUMENTS:
4. 1. There is no general mechanism whereby any particular
group of persons who are employed by the Department as
civilian employees with the Defence Forces can become
established Civil Servants.
2. The recruitment and employment of civilians under the
Defence Act is specifically excluded from the terms and
operation of the Civil Service Commissioners Act, 1956
and the Civil Service Regulation Act, 1956. Civilian
employees are recruited following interview by a
military interview board for the posts in question.
There is no involvement by the Civil Service
Commissioners in that process.
3. Civilian employees have a direct reporting relationship
to military officers. Civilian employees do not report
to Departmental Civil Servants.
4. The work comparison study carried out in 1980 by the
Department of Public Service examined the actual work
content of the jobs of the civilian clerks and of
analogous clerical staff in the Civil Service i.e. the
grade of Civil Service Clerical Officer. It was agreed
on the basis of that study that, in terms of determining
rates of basic pay, the work of the two groups was
sufficiently similar and comparable so as to justify,
essentially, the straight application to the civilian
clerks of the Clerical Officer pay scale. This finding
was unaffected by the fact that the administrative
structures and legal environments governing the two
employments were radically different. That specific
finding, on the sole issue of remuneration, has no
relevance or implications as regard the independent
issue of the legal status of the employment of the
civilian clerks.
RECOMMENDATION:
The Court having fully considered all of the views of the parties
as expressed in their oral and written submissions does not find
grounds have been put forward to warrant concession of the Union's
claim.
Accordingly the Court does not recommend concession of the claim.
~
Signed on behalf of the Labour Court
15th September, 1995 Tom McGrath
F.B./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.