FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LOCAL AUTHORITIES (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Matters arising from proposed restructuring.
BACKGROUND:
2. The Union's claim on behalf of all Senior Fire Officers seeks to have a new grading structure introduced. Following a review of the Fire Service at senior level by independent consultants Farrell Grant Sparks (FGS), negotiations commenced between the parties. In January, 2003 Management set out proposals for a new structure which included inter alia:
No change in the structures in Dublin and Cork.
The salary level for Chief Fire Officer (except the Dublin Chief Fire Officer) will be at Senior Engineer level.
Existing Chief Fire Officers currently receiving a salary above that of Senior Executive Engineer level to be dealt with on an individual personal to holder basis
A new post of Senior Executive Fire Officer to be established in each local authority at Senior Executive Engineer level.
Structure for the Fire Service in each local authority to be Chief Fire Officer, Senior Executive Fire Officer, Executive Fire Officer and Assistant Fire Officer.
Discussions to take place at local level in relation to numbers at each level.
First filling of the posts arising from the change of structure at Senior Executive Fire Officer and Executive Fire Officer to be by way of a single local confined competition in each case.
Qualifications for Senior Fire Officer post to be amended to enable persons not having the professional qualification to compete.
Management further clarified its proposals by letter dated 6th May, 2003. The Union rejected the proposals. The Union is seeking the following grading structure to be implemented in all Local Authorities with the exception of Dublin:
The service should be headed by a Chief Fire Officer who would be professional head of Fire and Civil Protection/Emergency Services at the level of Director of Services.
Assistant Chief Fire Officer at Senior Engineer Level.
Assistant Fire Officers Level 1 at Senior Executive Engineer Level.
Assistant Fire Officers Level 11 at Executive Engineer Level.
Assistant Fire Officers Level 111 at Assistant Engineer Level.
The Chief Fire Officer of Dublin Fire Brigade should be at Director of Traffic Level.
The Union also seeks the availability of a Voluntary Early Severance Scheme.
The Union's proposals were not acceptable to Management. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court on the 15th April, 2004 in accordance with Section 26 (1) of the Industrial Relations Act, 1990. A Court hearing was held on the 2nd July, 2004.
UNION'S ARGUMENTS:
3. 1 The implementation of the major changes envisaged in the FGS Review will have a serious effect on the workload and responsibility of the senior officers within the Dublin Fire Brigade. These responsibilities will continue to increase. The Chief Fire Officer of the Dublin Fire Brigade should be at Director of Traffic Level to reflect these responsibilities. Other gradings within the Dublin Fire Brigade are outlined as follows:
Grade Analogous Grade
Assistant Chief Fire Officer City Engineer.
Assistant Fire Officer 1 Deputy City Engineer/County Engineer.
Assistant Fire Officer 11 Senior Engineer.
Assistant Fire Officer 111 Senior Executive Engineer.
Assistant Fire Officer 1V Executive Engineer .
2. In relation to Cork County the service should be headed by a Chief Officer as professional Head of Fire and Civil Protection /Emergency Services at the level of Director of Services. The Head of Fire and Civil Protection should be a member of the management team reporting to the County Manager as intended in the FGS Review. Other gradings to be as follows (with numbers to be negotiated locally):
Assistant Chief Fire Officers at Senior Engineer Level.
Assistant Fire Officers Level 1 at Senior Executive Engineer Level.
Assistant Fire Officers Level 11 at Executive Engineer Level
Assistant Fire Officers Level 111 at Assistant Engineer Level.
3. Management's offer is arrived at by setting the upper limit for Chief Fire Officer and Senior Engineer, irrespective of county, and fitting everyone in below that level. This is merely an extension of the Better Local Government (BLG) process. Every employee in local authorities, except the Fire Service, benefited from the introduction of a new structure. These employees did not have to commit themselves to any changes in their current job descriptions. However, all Senior Fire Officers will, if the FGS Review is to be implemented, have to accept major change. The Union has endeavoured to keep as close the FGS Review as possible. Management seeks to set aside many of its recommendations.
4. Because the changes required to implement the FGS Review are so radical the Union is seeking the introduction of a voluntary early retirement package for those Senior Fire Officers who do not wish to enter the new structure.
EMPLOYERS' ARGUMENTS:
4. 1. Under the new management structure agreed under BLG all local authority programmes and services come under the control of the Director of Services. He/She is the Manager for the functions and services. Within this structure the Manager may also delegate appropriate statutory functions to the Senior Executive Officers and Senior Engineers. The Fire Service fits into this structure and forms part of the functions of the Director of Services to whom it is assigned. Whatever structure is agreed must likewise fit into this structure.
2. Managements' proposal will raise the Chief Fire Officer's salary to the level of Senior Engineer, the highest level engineering grade in the local authority service. It has been clearly established and accepted that the Senior Engineer is a senior management grade generally reporting to the Director of Services. Setting the salary at this senior level recognises the role of the Chief Fire Officer and acknowledges that the responsibility of the post going forward will be equivalent to those of Senior Engineers generally.
3. Management has offered the creation of a new post of Senior Executive Fire Officer. The number of posts at this level to be created in each local authority must be decided by the Manager having regard only to the needs of that local authority. There can be no question of creating unnecessary posts (supernumerary or otherwise). Neither can there be any question of individuals being appointed to higher level posts by designation. Management has offered to have the first filling of the new posts created arising from this process confined to the existing fire officers in individual local authorities.
4. The fire services in Dublin and Cork city are already highly structured at Senior Fire Officer level and do not need any restructuring at this time.
5 Managements' proposal to amend the qualifications for Senior Fire Officers is consistent with the recommendations contained in the FGS report. It is also necessary to enable serving Assistant Fire Officers, who do not have graduate qualifications, to aspire to the new post of Senior Executive Fire Officer.
6. The Employers cannot entertain the making available of a voluntary early retirement package to Senior Officers.
RECOMMENDATION:
Whilst the Court fully accepts that the fire emergency service is of crucial importance it is nonetheless a service delivered by Local Government and its overall strategic management structures should be in line with other Local Government services. In that regard the Court is of the full view that the Union's claim regarding grading, if conceded, would not be compatible with the agreed management structures introduced by the Better Local Government Agreement.
Having take full account of all the circumstances of this case the Court is of the view that the position put forward by the management is reasonable and recommends that it be accepted. The Court does, however, believe that the Union's claim for the introduction of a voluntary early retirement package is justified and should be conceded.
Signed on behalf of the Labour Court
Kevin Duffy
12th July, 2004______________________
TOD/PMChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.