FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ATHLONE INSTITUTE OF TECHNOLOGY (REPRESENTED BY DEPT. OF EDUCATION & SCIENCE) - AND - AMICUS MSF DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Reporting arrangements for Technicians.
BACKGROUND:
2. In March 2000 the Institute for Technology in Athlone initiated discussions with the Union with regard to the intention of the Institute to centralise the reporting of certain technician staff to the Computer Services Manager. Currently the technicians report to the head of the individual school within which they work. Discussions on the issue were inconclusive. The issue was formally raised again with the Union in 2003.
The issue could not be resolved at local level and 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 30th July, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th April, 2005.
UNION'S ARGUMENTS:
3. 1. The availability of technicians with IT skills to deal with high work load and emergency situations can be achieved without changing the reporting structure for technicians.
2. Management has not engaged in meaningful discussions with all the stakeholders in the Institute as to a means for meeting the identified needs in the IT area.
3. Since July 2003 the Union has been actively involved in a joint review of the role of technicians in the Institutes of Technology and the DIT. The unions and employers will be considering this report and addressing its implementation in the very near future. The Union is of the view that the issue in dispute should be dealt with as part of that process.
MANAGEMENT'S ARGUMENTS:
4. 1.Any changes that may arise in terms of changes in reporting arrangements will not alter the current terms and conditions of technicians.
2. There is a specific clause in Sustaining Progress in relation to Technical and Support Staff - 24.16 - which states that ' staff will cooperate with the introduction of new structures and any new reporting arrangement that may result from such restructuring'.
3.The IT Manager must have responsibility for technical support staff (computing), in addition to the physical resources, if he is to manage and take responsibility for the computer services in the Institute.
RECOMMENDATION:
The Court fully appreciates and supports the Institute's concerns to introduce better efficiencies in the delivery of the services provided by the staff associated with this dispute. However, it is clear that the issues arising in the dispute are common throughout the Institute of Technology Sector and, by agreement, are under consideration by a joint review body which is examining the role of technicians in the sector.
In the Court's view the issues arising in this case should be addressed after the joint working party has concluded its deliberations and reported.
Signed on behalf of the Labour Court
Kevin Duffy
29th April, 2005______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.