Labour Court Database __________________________________________________________________________________ File Number: CD9624 Case Number: LCR15103 Section / Act: S26(1) Parties: THE ARTS COUNCIL (Represented by DEPARTMENT OF ARTS, CULTURE AND THE GAELTACHT DEPARTMENT OF FINANCE) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Implementation of review of work practices and staffing requirements.
Recommendation:
The Court heard the views of the representatives of the Union, the
Arts Council, the Department of the Arts, Culture and the
Gaeltacht and the Department of Finance. The Court notes that all
parties indicated that they accepted the proposals put forward by
the Labour Relations Commission with the exception of the number
of APO posts.
Given all the circumstances, the Court recommends that there be 3
APO posts and that these, together with the proposals put forward
by the Labour Relations Commission, be accepted and implemented.
The parties should review the staffing levels in all
aspects 12 months after the implementation of this recommendation.
Division: Mr McGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD9624 RECOMMENDATION NO. LCR15103
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
THE ARTS COUNCIL
DEPARTMENT OF ARTS, CULTURE AND THE GAELTACHT
DEPARTMENT OF FINANCE
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Implementation of review of work practices and staffing
requirements.
BACKGROUND:
2. The dispute concerns the implementation of a review of the
grading structures and staffing levels in the Council. In
1992 the Council's parent department, the Department of the
Taoiseach, agreed to commission a report by the Institute of
Public Administration (I.P.A.) which was subsequently
rejected by the Department and by the Union. A further
review was carried out by the Management Services Unit
(M.S.U.) of the Department of Finance in 1993.
The M.S.U. made a number of recommendations relating to the
creation of one Assistant Director post at Assistant
Principal Officer (APO) level, six new Executive Assistant
posts, the redesignation of Secretarial Assistant posts to
Clerical Officer posts and recommendations concerning
contracts of employment. The Union claimed that, due to the
responsibilities and functions carried out at Higher
Executive Officer (HEO) level, the nine HEO posts in the
Council should be upgraded to APO. The Council claimed that
three APO posts were required (as had been proposed by the
IPA), while the Department of Finance would sanction only one
APO post.
The dispute was referred to the Labour Relations Commission
and conciliation conferences were held on 22nd May, 1995, 2nd
June, 1995 and 4th December, 1995. At conciliation the
parties agreed in principle to recommend the following:-
(i) there shall be six additional Executive Assistant
posts, that is, six in addition to the existing four
posts and all the posts shall be established as
permanent posts on the basis of internal competition
followed by external competition if necessary;
(ii) the Secretarial Assistant grade shall cease to exist
and all holders of this post shall be designated as
Clerical Officer and remunerated accordingly and these
posts shall be established as permanent posts;
(iii) the Higher Executive Officer grade appointments shall
be filled on the basis of fixed term contracts which
will be renewable and there shall be no limit on the
number of renewable contracts a post-holder may hold.
However agreement could not be reached on the issue of the
number of APO posts and the dispute was referred to the
Labour Court on 19th January, 1996 in accordance with Section
26(1) of the Industrial Relations Act, 1990. A Labour Court
hearing took place on 20th February, 1996.
UNION'S ARGUMENTS:
3. 1. The review carried out by the Management Services Unit
of the Department of Finance was not an independent,
objective review as the Department of Finance is
responsible for the funding of the Council.
2. The M.S.U. report was based on an annual budget of
£11.5m, while the budget has now increased to £18.5m per
annum. The nature and quality of the work has changed
dramatically and includes a greater emphasis on policy
based work, management and strategic planning. There
has been no increase in staff numbers for many years -
of a complement of 22 staff only 2 are permanent.
3. The Union's original claim was for 9 APO posts, however
it is prepared to accept 3 APO posts as recommended in
the I.P.A. report and suggested by the Industrial
Relations Officer at conciliation.
COUNCIL'S ARGUMENTS:
4. 1. The Council is substantially understaffed with no
increase in numbers since 1982. In recent years a
higher profile, combined with increased functions, has
added to the responsibilities of the staff particularly
at senior management level.
2. The present structure of 9 Arts Officers and a Finance
Officer reporting to the Director creates a "flat"
management structure with a reactive rather than a
proactive approach. The I.P.A.'s recommendation to
create three divisions, each headed by an APO, would
increase efficiency and enhance corporate effectiveness.
3. On the advice of the Department of Finance the Council
is prepared to accept one APO post as recommended by the
M.S.U. and to review the position in 12 months.
RECOMMENDATION:
The Court heard the views of the representatives of the Union, the
Arts Council, the Department of the Arts, Culture and the
Gaeltacht and the Department of Finance. The Court notes that all
parties indicated that they accepted the proposals put forward by
the Labour Relations Commission with the exception of the number
of APO posts.
Given all the circumstances, the Court recommends that there be 3
APO posts and that these, together with the proposals put forward
by the Labour Relations Commission, be accepted and implemented.
The parties should review the staffing levels in all
aspects 12 months after the implementation of this recommendation.
~
Signed on behalf of the Labour Court
13th March, 1996 Tom McGrath
D.G./S.G. ________________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Ms. Dympna Greene, Court Secretary.