FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LEITRIM COUNTY COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Method of filling Environmental Technician Grade 1 Posts
BACKGROUND:
2. In April, 2001, following the introduction of Better Local Government (BLG), the Council made a proposal to enhance the Technician structure by increasing the number of Environmental Technician Grade II posts by two and Environmental Technician Grade I posts by two. The dispute concerns the Grade I posts. The Council advertised the Grade I posts externally and a panel was created. However, the posts were not filled. Two workers who are involved in the present dispute were placed at number 3 and 4 on the panel.
In 2004, the Council decided to fill the two Grade I positions through open competition. The Union sought to have the positions filled through a confined competition stating that the Council had two eligible candidates from the 2001 competition. However, the Council proceeded with the external competition and the two workers concerned were placed at number 1 and number 7 respectively. In effect, the present dispute only concerns the worker who was placed at number 7 as the Union believes that there is no prospect of him being appointed from the panel.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach an agreement, the dispute was referred to the Labour Court in accordance with Section 26 (1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th of July, 2005, in Sligo.
UNION'S ARGUMENTS:
3. 1. The Council's failure to have a confined competition to fill the Grade I posts is a breach of the agreement (the subject of a ballot among Union members) reached in April, 2001, between the Union and the former County Manager. Part of that agreement states as follows:
"If any post remains unfilled either as a result of there not being sufficient candidates or in the event of an interview board not qualifying sufficient candidates, there will be one further interview round given for its filling by internal competition from among existing eligible staff of the Council. If it still remains unfilled following that procedure, it will then be opened for external competition".
2. The enhancements negotiated under BLG should rightly be of benefit to existing staff who co-operated with all of the provisions contained under BLG. To offer these enhancements to a pool from outside the Council is unfair to the worker concerned. He was the only Environmental Technician employed by the Council at the time of the ballot.
COUNCIL'S POSITION:
4. 1. The Council has fully honoured its commitments under BLG in relation to the holding of confined competitions. There were no internal eligible candidates for the Grade I posts and the Council proceeded to an external competition in 2001 and subsequently in 2004.
2. The Labour Court, in LCR 17095 which involved the LGMSB, has already recommended in favour of the Council's position.
3. The posts were not filled from the panel in 2001. That panel expired and the Council filled the positions through external competition in 2004. There was no commitment given to the Union to revert to a confined competition in the event of further competitions.
RECOMMENDATION:
In the Court's view the competition held in 2004 was a separate process from that conducted in 2001. The Court is satisfied that the agreement between the Council and the Union applied to this competition. In these circumstances, the Court accepts that the Union's claim that the worker be appointed by designation to the post of Environmental Technician Grade I is reasonable and should be conceded.
Signed on behalf of the Labour Court
Kevin Duffy
2nd August, 2005______________________
CON/DHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.