FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DEPARTMENT OF EDUCATION & SCIENCE - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr. Somers |
1. 1. Payment for supervision duties in schools 2. Incremental credit for previous relevant experience 3. Extra personal vacation days for working in July.
BACKGROUND:
2. Current Government policy is to make provision for special needs pupils at primary and second level schools. There are currently approximately 60 Early Start Childcare workers and 6000 Special Needs Assistants employed to assist in the care of pupils with disabilities in an educational context.
In February, 2002 the Union wrote to the Department of Education and Science seeking to progress a long agenda of issues on behalf of Early Start Childcare workers and Special Needs Assistants.
There are three issues before the Court, namely;
1. Payment for supervision duties
2. Incremental credit (for previous relevant experience)
3. Extra personal vacation days (EPV's).
Local discussions could not resolve the issues. The dispute was 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 27th of November, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 29th of January, 2004.
UNION'S ARGUMENTS:
Payment for supervision duties.
3. 1. Agreement was reached between the teacher unions and the official side in 2001 on a system of payment for supervision of pupils on the school premises outside of classroom hours. The Union claim thatSpecial Needs Assistants and Early Start Childcare workers undertake supervision in accordance with the criteria laid down in that agreement.
2. It is the Union's position that supervision is now a paid voluntary duty, with consequent implications for anyone providing the service.
3. This work has an agreed monetary value, all workers providing the service are entitled to be paid.
Incremental Credit.
4. At a meeting in June, 2002 a commitment was given that the Department would draft an appropriate form for staff to use when claiming incremental credit.
5. The claimant grades, Grade III Clerical and analogous grades, are clearly comprehended by the Education circular F33/02 and have previously enjoyed the benefits of this.
6. There is an agreement regarding the granting of incremental credit to officers at Grade III level and analogous grades. The Department should recommence the operation of this scheme and pay all relevant arrears.
Extra personal vacation (EPV) days for working July.
7. A Department circular of June, 2001 covered the arrangements for the provision of education programmes in July for children with special needs. Included was an element of additional pay for both Primary level teachers and Special Needs Assistants and Early Start Childcare workers, and an additional provision to award teachers 4 days extra personal vacation (EPV).
8. As Special Needs Assistants and Early Start Childcare workers are increasingly engaging in courses directly related to their role it is reasonable to seek to have these commitments recognised in the same way as primary teachers.
MANAGEMENT'S ARGUMENTS:
Payment for supervision duties.
4. 1. Assisting teachers in the supervision of pupils forms part of the duties of Special Needs Assistants and Early Start Childcare workers.
2. Special Needs Assistants and Early Start Childcare workers are not teachers and have no linkage to teachers in terms and conditions of employment.
3. This claim would have significant cost-increasing implications and therefore is precluded under Clause 19.6 of Sustaining Progress.
Incremental Credit.
4. This is a cost-increasing claim and is precluded under Sustaining Progress.
5. There is no agreed incremental credit scheme for Special Needs Assistants and Early Care Childcare workers.
Extra personal vacation (EPV) days for working July.
6. Extra personal vacation forms part of the terms and conditions of primary teachers only.
7. There are no courses approved by the Department of Education and Science for Special Needs Assistants or Early Start Childcare workers during the period 1st July to 31st August.
8. There is no link between Special Needs Assistants, Early Start Childcare workers and teachers and, therefore, the granting of extra personal vacation days to Special Needs Assistants and Early Start Childcare cannot be contemplated.
RECOMMENDATION:
Three claims were put to the Court on behalf of Special Needs Assistants and Early Start Childcare Workers:
i. payment for supervision duties in schools
ii. incremental credit for previous relevant experience
iii. extra personal vacation for working in July
payment for supervision duties in schools
Having examined all aspects of this claim the Court is satisfied that this duty forms part of the claimant's terms and conditions of employment and accordingly, there is no merit in the claim.
incremental credit for previous relevant experience
Circular F33/02 details the application of incremental credit for clerical officer
(grade III) and analogous grades. The Court is satisfied that this circular has application to the claimants involved in this claim. Accordingly, the Court recommends concession of this claim and recommends application of incremental credit for relevant experience for those claimants since the practice ceased in April 2002.
extra personal vacation for working in July
Having examined all aspects of this claim the Court is of the view that there are no grounds for the extension of extra personal vacation days as outlined in the Department's circular dated 15th June, 2001 to the claimants and consequently does not recommend in favour of this claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
17th February, 2004______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.