FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : EASTERN REGIONAL HEALTH AUTHORITY (REPRESENTED BY NORTHERN AREA HEALTH BOARD) - AND - ICTU EASTERN REGIONAL HEALTH AUTHORITY GROUP OF UNIONS DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Promotion on the basis of seniority for Foremen, Assistant Working Foremen and Chargehands
BACKGROUND:
2. The dispute before the Court concerns a claim by the Union on behalf of its members, employed as Acting Foremen, Assistant Working Foremen and Chargehands, for the continuation of appointment to promotional posts in the Health Service on a seniority basis. The dispute could not be resolved at local level and was the subject of two conciliation conferences under the auspices of the Labour Relations Commission. The Unions claim concerns 8 individuals who have been working in an acting-up capacity in the above-mentioned positions since 1998 and they are now seeking to have them appointed to these positions as they contend that such positions should be filled on the basis of seniority/ length of service. The Health Service rejects the claim and contends that such positions should be filled by open competition. A proposal put forward at conciliation whereby the 8 individuals would be appointed to the positions sought by the Union on a once-off basis and that future appointments would be by way of open competition, was rejected by the Union who argued that such a fundamental change to their members terms and conditions could not be traded for a benefit for 8 members and that the criteria for promotion should be discussed separately at local level.
- As agreement was not reached, the dispute was jointly referred to the Labour Court on the 22nd November 2004, on the issue of the appropriateness of filling future vacancies in these areas on a seniority basis, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 28th April 2005, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1.The agreement on promotion on the basis of seniority has been in existence since 1970 and has worked very well for both management and craft workers.
2.The agreement has also provided an excellent service over the past thirty-five years throughout the Health Service.
3.When the craft workers went for interviews throughout the Health Service over the years, they were told that this agreement was in place and that they would get promotion on the basis of seniority.
COMPANY'S ARGUMENTS:
4. 1.Over the last number of years Management have endeavoured to reach agreement on this issue with the Unions. Promotional posts throughout the Health Service are filled by competition. Throughout discussions Management have pointed out that the craft grades and craft trade unions have been the only remaining area, which have not accepted the principle of appointment by competition.
2.As an equal opportunities employer, in line with best recruitment practice and in the interest of positive staff relations and Industrial Relations harmony, Management are committed to ensuring equality of access to promotional positions for all appropriately qualified individuals. Recent Equality legislation places an onus on Management to ensure that staff does not suffer discriminatory treatment. The legislation indicates that in certain instances, appointment to a promotional post on the basis of seniority, without competition could represent indirect discrimination on age grounds
3.Agreement was reached at Conciliation in October 2004 that the existing acting-up post holders in the Foreman, Assistant Working Foreman and Chargehand positions in the craft area would be appointed to their positions permanently, without interview on a once-off basis. Whilst management have held the above position over the last number of years and had refused to confirm the permanency of individuals who have acted in the identified posts over the same number of years, Management have agreed to regularise their current positions arising from the Conciliation Conference in October 2004.
RECOMMENDATION:
Taking into account the oral and written submissions made to the Court by the parties, and being aware of current employment and equality legislation,
The Court recommends that the parties to this dispute should accept the Industrial Relations Officer's proposal in full and final settlement of all promotional posts up to now, and that for the future all promotions to the position of Foreman, Assistant Foreman and Chargehands should be by open competition.
Signed on behalf of the Labour Court
Raymond McGee
25th May 2005______________________
JO'CDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.