FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TEAGASC - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Permanancy of Rural Environment Protection (REP) advisors.
BACKGROUND:
2. The dispute concerns a claim by the Union on behalf of 120/130 contract staff employed by TEAGASC as Rural Environment Protection (REP) officers. The Union wants these officers employed on a permanent basis. The scheme is 75% funded by the EU and 25% by the Exchequer and relates to grants to approximately 40,000 farmers. All contracts are due to expire at the end of 1999 when the scheme officially ends.
The Union claims that the scheme is guaranteed for at least another fifteen years and it is more than likely that the scheme will become a permanent feature. It claims that the REPS should, therefore, have permanent status.
TEAGASC rejects the Union's claim and states that the REPS were employed on a fully self-financing basis and that there is no requirement for exchequer monies to meet any shortfall in earnings. It claims that it provides over 40% of all REPS services in the country while the remainder is provided by private agricultural consultants. Competitive prices together with flexible terms of employment are an essential part of the business. TEAGASC states that it is at present in negotiations with the relevant Government Departments on a proposed new REPS scheme but nothing has yet been agreed.
As no agreement was possible between the parties the dispute was referred to the Conciliation Service of the Labour Relations Commission. A conciliation conference was held on the 14th of May, 1999 but no agreement was reached. The dispute was referred to the Labour Court on the 18th of May, 1999 under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 5th of July, 1999.
UNION'S ARGUMENTS:
3. 1. The REP scheme will continue for a further fifteen years. The workers concerned should be made permanent.
2. The employees concerned work on the basis of full cost recovery and as such there is no cost to TEAGASC.
3. Being on short-term contracts militates against the workers obtaining mortgages and loans which are open to permanent staff.
4. The Union has informed management that, unless the question of permanence is resolved, the members will not co-operate with a further REPS scheme.
TEAGASC'S ARGUMENTS:
4. 1. Negotiations at national level for a new REPS scheme are ongoing and TEAGASC cannot pre-empt the outcome.
2. The terms and conditions of employment being offered by TEAGASC to REPS are on a par with or are superior to those offered by the private sector.
3. TEAGASC is currently in negotiations with the relevant Government Departments on a new REPS scheme. If the new scheme is long-termed, TEAGASC will be seeking some permanent posts.
4. All permanent appointments by TEAGASC are made through open public competition. The REPS would be no exception to this rule.
RECOMMENDATION:
The Court has given careful consideration to the submissions of the parties in this case.
The service provided by Rural Environment Protection Scheme Advisers differs from other services provided by TEAGASC in that it is essentially commercial in nature. As such, its future potential to provide employment for the staff concerned is dependant on continuing demand and competitiveness.
However, in the Court's view this factor alone is not a sufficient basis for the on-going use of role-over fixed term contracts provided that the Union is prepared to respond, as it would in any other commercial entity, to any redundancy situation which might arise in the future in consequence of a diminution in demand for the service.
On the basis of the assurance given by the Union that it would be prepared to deal with any further redundancy situation, the Court recommends that in the event of the scheme being renewed this year, the parties should agree to a significant number of current contract posts being converted to permanent posts.
Signed on behalf of the Labour Court
Kevin Duffy
21st July, 1999______________________
L.W./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.