FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD - AND - CLERICAL & ADMINISTRATION GRADES EMPLOYED BY LOCAL AUTHORITIES (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Failure to honour agreement on filling posts by confined competition.
BACKGROUND:
2. This claim concerns the definition of the words "by confined competition" which are contained in an agreement known as Better Local Government (BLG). This has been interpreted by Management as meaning one single confined competition and the Union's understanding is that the post must be filled by confined competition, not necessarily by one single confined competition.
The agreement introduced new structures in Local Authorities. It was the subject of a Labour Court Recommendation (LRC16505) as a consequence of a referral to the Court. This dispute involves clerical, administrative, professional and technical staff employed in Local Authorities.
The matter was referred to the Labour Court by the Union under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 13th of February, 2002.
UNION'S ARGUMENTS:
3. 1. Ballots were conducted based on the number of staff in various grades who would be upgraded.
- 2. The words "first filling" must mean the person taking up the position - merely holding a competition is of different value in a ballot.
3. At no stage in negotiations did management side indicate to the Union that their interpretation would be anything other than first filling i.e. someone in the job.
4. The Union is bitterly disappointed that the Department of the Environment and Local Government together with the Local Government Management Services Board, both refused to use the industrial relation's machinery of the state to resolve an interpretation of an agreement which itself is based on a recommendation from the Labour Court.
COMPANY'S ARGUMENTS:
4. 1. Management have fully honoured any commitments entered into under the Better Local Government process.
- 2. The procedure for the filling of consequential vacancies was the same as that for the filling of the senior posts.
- 3. The local confined filling of the new posts and of the consequential vacancies that cascaded down through the grades ensured that existing staff at all levels had a unique opportunity to secure posts from a limited field of competition without the normal recourse to open competition and without having to move to a new location.
- 4. The Union was advised that placing a moratorium on the filling of posts would further delay the implementation of Better Local Government and this was unacceptable to management.
- 4. The Union was advised that placing a moratorium on the filling of posts would further delay the implementation of Better Local Government and this was unacceptable to management.
RECOMMENDATION:
The Court notes that there is a fundamental difference between the parties as to what was agreed between them in respect of the first filling of the post at issue. At this stage, it is impossible for the Court to state definitively what the parties intended when they made their agreement. In these circumstances, the Court finds it particularly regrettable that the conciliation services of the Labour Relations Commission were not utilised in an attempt to resolve the dispute prior to its reference to the Court.
On a purely practical level, however, the Court cannot see how the Local Authorities could reasonably be expected to fill posts by confined competition where there is an insufficiency of suitable candidates. In those circumstances, and in the absence of a clear commitment to fill posts by confined competition regardless of the number and quality of candidates, the Court believes that the selection process proposed by management should proceed.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Duffy
20th March, 2002______________________
HMCD/MBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.