FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : FÁS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Allowance for performing duties through Irish.
BACKGROUND:
2. The Union claimed a 7½% allowance on behalf of staff based in the FÁS Training Centre in Gweedore, Co. Donegal, for performing their duties through the medium of Irish. The basis for the claim is that the workers concerned have to carry out their duties through Irish and a number of other State agencies pay such allowances.
The claim was rejected on the grounds that the staff in question knew, when recruited, that they would have to work through Irish and that while some groups were in receipt of allowances, this arose due to historical reasons.
The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission at which agreement was not reached. The dispute was referred to the Labour Court, on the 14th of December, 1999, in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court carried out its investigation on the 15th of February, 2000.
UNION'S ARGUMENTS:
3. 1. The claim was made when it was brought to the Union's attention that some public service employees working in the Gaeltacht region are entitled to a statutory percentage increase for deliverance of Government services through the medium of the Irish language.
2. The claimants have to carry out their duties through the medium of the Irish language. They have to translate from English to Irish and vice versa and they have to work away from the main office and deal directly with members of the public and must do so through the medium of the Irish language.
3. FÁS has a large number of staff that are native speakers and it has stated that its intention is to improve the standard of the Irish language spoken by the staff, which would indicate that all staff have now to learn and work through the medium of Irish. All correspondence, phone conversations, briefings and meetings, etc., are through the medium of Irish. Irish is used in normal day to day conversation in the office. Other State agencies, e.g., Uduras Na Gaeltachta, VEC, NRB, Rehab, Rehab Industries, deal with FÁS through the medium of Irish and those agencies pay allowances to their staff.
4. A VEC woodworking teacher in County Galway had an allowance for an Irish qualification re-assessed since his appointment in 1972. If such an allowance is payable in one State agency in a Gaeltacht area, then it should apply in FÁS.
5. Statutory Instrument 221 of 1966 authorises the Ministers of Health, Social Welfare, Defence, Agriculture and Fisheries and Local Government (Environment) to make provision for additional remuneration not exceeding 7½% of the annual basic salary for the use of the Irish language in the performance of the duties. The claimants deserve such an increase in pay.
FÁS's ARGUMENTS:
4. 1. The Gweedore centre has been providing a service, primarily through Irish, for over 27 years. Staff accepted positions in the centre in the full knowledge that they would be working through the medium of Irish, as necessary. Staff made a free and informed decision to work in this Gaeltacht centre. A natural consequence of working in a Gaeltacht area, or transacting affairs with Gaeltacht residents, is that a significant amount of communication is conducted through the first language of the people in the area, i.e., Irish. Most of the staff in the Gweedore Centre are themselves originally from the Gaeltacht or have worked there for many years. It is anomalous that staff who voluntarily chose to work in an Irish speaking area should now be seeking extra payment for conducting their normal daily work through Irish.
2. Management reject the argument put forward by the Union that most Public Servants are paid an allowance for dealing with clients in Gaeltacht areas through the medium of Irish. There is a relationship between FAS employees and the Civil Service in relation to matters of pay. Civil Servants are not paid an allowance for dealing with the public through the medium of Irish or for working in Gaeltacht areas. The special allowances for Garda, Local Authority and Health Board staff, referred to by the Union, have a separate historical and legal context and are paid only in very restricted circumstances. They have no relevance to FÁS (details supplied to the Court).
3. FÁS employs over 2,000 staff throughout the country, all of whom are paid on the basis of established salary scales. The concession of a 7½% allowance on top of salary to some or all of the staff in one FÁS location would be divisive. It could result in further claims from other FÁS staff who come into contact with Irish in the course of their normal work. In addition, the introduction of an Irish allowance could give rise to miscellaneous other special allowance claims in FÁS. From an external perspective, concession of an Irish allowance in FÁS would create a precedent that could impact on the broader public sector.
RECOMMENDATION:
The Court has considered the submissions of both sides. Based on the information before the Court and, particularly, taking into account the current pay relationship of these claimants, the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th March, 2000.______________________
MK/BCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.