FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TEAGASC - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. Promotional posts.
BACKGROUND:
2. The dispute before the Court concerns a claim by the Union on behalf of advisory/training staff and research technical staff to maintain the grade numbers set out in the agreements of May, 1994 and June, 1995 respectively. Discussions at local level failed to resolve the issue.
The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission held on the 18th of February, 1999. As agreement was not reached the dispute was referred to the Labour Court in accordance with Section 26 (1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th of September, 1999, the earliest date suitable to the parties.
UNION'S ARGUMENTS
1. There is no evidence that the agreements of 1994 and 1995, were once-off agreements.
2. The Employer should honour the agreed number of promotional posts in the Advisory/Training and Technical areas.
EMPLOYER'S ARGUMENTS:
1. The 1994 and 1995 re-structuring agreements did not create a complement of higher level posts. They included once-off promotions on a self financing basis.
2. The advisory/training and research technical staff have been well treated regarding promotions.
RECOMMENDATION:
The Court accepts that since the agreement of the 17th of May, 1994, the circumstances and requirements on total posts and the make-up of these posts has changed.
Taking this into account the Court recommends that discussions take place between the parties with a view to reaching an agreement before Teagasc meets the Department of Agriculture and Food to finalise the position.
Signed on behalf of the Labour Court
Finbarr Flood
20th October, 1999.______________________
GB/BCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.