FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL EDUCATIONAL WELFARE BOARD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Rates of Pay and Conditions of Employment.
BACKGROUND:
2. The National Educational Welfare Board (NEWB) was set up under the Education (Welfare) Act 2000. Section 40 of the Act, provides for the transfer of school attendance officers to become members of the staff of the NEWB. An Independent consultant was engaged to advise and report on appropriate management, welfare service staff and administration staff structures and numbers for the new National Educational Welfare Board. This Report proposed a three-phase development approach and that the transfer of the existing school attendance officers would take place during the first phase.
Considerable progress was made between the parties on a number of issues relating to the conditions of employment of school attendance officers transferring to the new board. Discussions are still ongoing on a number of issues including a voluntary retirement package, flexibility and staffing resources. No decision has yet been taken as to exact number of Educational Welfare Officer (EWO) and Senior Educational Welfare Officer (SEWO) posts.
A number of issues could not be resolved at local level and were the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 14th April, 2003 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th June, 2003
UNION'S ARGUMENTS:
3.1Salary Scales
The Union is seeking a Probation/Welfare Officer scale for EWO's and the Senior Probation Welfare Officer Scale for SEWO's. The Union believes that the work associated with the EWO grades is more closely aligned to the work of a Probation/Welfare Officer than that of a Social Worker.
Assimilation
The Union is seeking that EWO's are placed on the Probation and Welfare Officers' and not the Social Workers' scale. That the assimilation to the Probation and Welfare Officer scale is on a point to point basis.
Retirement Age
The Union are seeking to have deleted a requirement that the maximum retirement age of 65 years of age for all staff and in particular for those who do not have a retirement age currently (the Union indicated that there were three such persons) and that they should retain that right unto themselves. These grades should be entitled to retain the retirement age on a personal basis as they are being transferred from senior position in the School Attendance Structure to senior positions in the NEWB. These are not promotion positions.
Hours of Work
The Union does not accept the proposed working day of 9.15 a.m. to 5.30 p.m. as this appears to be excessively long for the sector involved. School Attendance Officers currently work 9.00 a.m. to 4.30 a.m. with ½ hour for lunch. The change to longer working hours is not acceptable. The Union is not prepared to give carte blanche agreement to provisions of a service covering evenings and weekends.
Annual Leave
SchoolAttendance Officers previously enjoyed leave entitlements in line with the school leave year. The Union is seeking that Ex-School Attendance Officers retain their school holiday periods on a personal basis. This should also apply if promoted to SEWO or to posts of Regional Manager. It would be unfair to expect EWO's to trade their annual leave (school leave year) for promotion particularly where such promotion does not provide substantial pay increases.
Confined Competition for Senior Educational Welfare Officers for the filling of Regional Manager Posts
The Union is seeking a confined competition for Senior Educational Welfare Officers for the filling of Regional Manager posts on the same basis as EWO's have for SEWO posts.
Voluntary Early Retirement (VER)
The Union is requesting that the VER package be offered to more than the six persons proposed by Management.
Leavers
A number of School Attendance Officers do not wish to transfer to the new service and are not eligible for VER The Union argues that the current legislation does not allow them to continue their present duties and seeks an alternative solution.
MANAGEMENT'S ARGUMENTS:
4.1Salary Scales
The salary scale for the new EWO grade is that applicable to the Social Worker Grade/Professional Social Worker Scale. This is the salary scale proposed in the Report. The qualifications to pass the barrier would be of a similar level to that required to become a professional qualified social worker and relevant to the educational/social work area as determined by the Board. The salary scale for SEWO's is that applicable to the Senior Social Worker Grade.
Assimilation
Management's position is that SAO's will go onto the new EWO and SEWO scales on the nearest favourable point basis.
Retirement Age
Management's position is that all staff will be pensionable with a retirement age of 65 under a scheme prepared by Management and approved by the Minister for Education and Science with the consent of the Minister for Finance.
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Hours of Work
It will be a condition of employment that normal public service hours will apply, i.e. 9.15 a.m. to 5.30 p.m.with 1¼hours for lunch. Provide appropriate arrangements for service provision outside of these hours (evenings/weekends) as required by the exigencies of the service provided.
Annual Leave
It is the Management's position that annual leave entitlements must be exercised in a way that ensures that an appropriate service is provided throughout the entire year including school holiday periods:
- Annual leave entitlement for EWO grade, 25 days plus 2 privilege days
- Annual leave entitlement for SEWO grade, 27 days plus 2 privilege days.
Confined Competition for Senior Education Welfare Officers for the filling of Regional Manager Posts
Regional Manager posts will be filled through public competition with the exception of the post awarded to the Chief School Attendance Officer.
Voluntary Early Retirement (VER)
The VER would be available subject to certain conditions. The Department of Finance have sanctioned six places for the VER scheme as any more would be cost prohibited The offer of the VER scheme is conditional on agreement on all matters between the parties.
Leavers
Management maintains that the School Attendance Officers who not wish to transfer to the new service and are not eligible for VER can continue their same duties before the new legislation commenced.
RECOMMENDATION:
The Court has considered the very comprehensive submissions of both parties and makes the following recommendations on each of the outstanding issues referred to the Court: -
Salary Scales
The salary scale recommended by the independent report (the Rochford report) for the new Education Welfare Officer grade is that applicable to the Social Worker Grade. The Court sees no justifiable reason to alter that recommendation and therefore the Court rejects the Union’s claim for the application of the Probation and Welfare Officer scale to the Education Welfare Officer grade.
For Senior Education Welfare Officers the Rochford report recommended the salary scale applicable to Senior Social Worker Grade. It would appear to the Court that in their deliberations the Rochford report did not consider the Social Worker Team Leader position. Therefore, the Court recommends that management should re-examine the position of Senior Education Welfare Officers to consider whether the Team Leader role is more closely aligned to the work of the Social Worker Team Leader.
Assimilation
Management indicated their intention to assimilate School Attendance Officers onto the new Education Welfare Officers’ scale on the nearest favourable point. The Court recommends that the assimilation should be to the next favourable point plus one.
Retirement Age
The Court recommends that for those people transferring to the new Board, who have a particular understanding with regard to their retirement age (the Union indicated that there were three such persons) they should be allowed to retain this position on a personal to holder basis. In the event that such persons are successful in attaining a promotional position, they will lose this personal benefit.
The Court endorses management’s introduction of a retirement age of 65 for all other employees.
Hours of Work
Management sought the introduction of normal public service working hours i.e. 9.15am to 5.30pm with an hour and a quarter for lunch. School Attendance Officers currently work from 9am to 4.30pm with a half hour for lunch. For those staff transferring to the new Board the Court recommends that working arrangements should be devised around the proposed public service working hours which will be flexible enough to balance the service levels required and meet the needs of staff. This arrangement should be reviewed after a period of three years to identify and deal with any difficulties, which may occur.
Annual Leave
Management confirmed that all those transferring to the new Board would retain their annual leave entitlement on a personal to holder basis. In the event that such persons are successful in attaining a promotional position, they will lose this personal benefit. The Court is of the view that this offer is reasonable and recommends acceptance.
The Union sought the retention of the school holiday leave periods. Management indicated a need for flexibility to ensure that their service needs are met. The Union were willing to allow a degree of flexibility surrounding working arrangements to ensure appropriate service levels during holiday periods and suggested that arrangements should be arrived at by mutual agreement between staff and local management. The Court is of the view that this is a reasonable position and recommends accordingly with the proviso that this arrangement should be reviewed after a period of three years to identify and deal with any difficulties which may occur.
Confined Competition for Senior Education Welfare Officers for the filling of Regional Manager Posts
The Unions sought a confined competition for Senior Education Welfare Officers (SEWO) for the filling of Regional Manager posts on the same basis as Education Welfare Officer’s have for SEWO posts. Management indicated that Regional Manager posts would be filled through public competition with the exception of one post where the Chief School Attendance Officer was automatically placed at Regional Manager level. The Court recommends that the filling of Regional Manager posts should be by public competition as proposed by management.
The Court notes management's need to be prepared for the new school year in September and accordingly the Court recommends that the selection/appointments should progress as planned.
Voluntary Early Retirement (VER)
The Court recommends that the VER package proposed on 20th December 2002 should be amended. The limit of 6 applicants should be increased to 8. The Court notes that part of the package included compensation for the lack of a fixed retirement age; the Court recommends that this compensation should be increased to 8 weeks.
Leavers
For those staff that cannot avail of the VER package and who do not wish to transfer to the new Board (the Union indicated that there were four staff in this category) the Court recommends that management should consider whether these staff could be redeployed within the system.
Conclusion
The Court makes these recommendations on the basis of an overall package and must be balloted on accordingly.
Signed on behalf of the Labour Court
Caroline Jenkinson
9th July, 2003______________________
JB/BB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.