FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LAOIS COUNTY COUNCIL - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Eligibility for Library Posts competition.
BACKGROUND:
2. The dispute before the Court concerns a claim by the Union, that the first filling of a promotional post in the Council's Library Service should be confined to Assistant Librarians and Senior Assistant Librarians.
- The Unions position is that in 2005, the Department of the Environment, Heritage & Local Government issued a circular letter entitledLibrary Service Reviewand that this was to form the basis of the restructuring of the Library Service across Local Authorities. It was based on an agreement with the Union and had two main provisions, (a) the introduction of a new post of Senior Executive Librarian at Grade VII level for which specialist library qualifications will be required, and (b) a post of Staff Officer particular to the Library Service, which would not require a library qualification. It would allow current Grades III and IV in the Library Service access to Grade V level within the Library Service.
The Unions claim is in relation to the Staff Officer Post. The Union is opposed to the advertising of the post as being open to clerical staff stationed in the library, as well as library staff.
Management rejects the claim.
On the 1st August, 2006, IMPACT referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 16th November, 2006.
The Unions agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. In 2000, during discussions between the Union and Laois County Council on implementation of the Better Local Government (BLG) initiative, it was agreed that the Library Service would be excluded from the process on the basis that a claim for Library restructuring was being discussed nationally between the Union and the Local Government Management Services Board. Because the Library claim was a national one, the restructurings, upgradings and enhanced career paths that resulted from the BLG negotiations of 2000, did not apply to Library grades. However Clerical staff in Local Authorities, including those who happened to be stationed in Libraries did benefit from the changes under the BLG process. It follows logically, therefore, that it would be highly unfair for those Clerical staff who happen to be stationed in the Library Service at present should benefit from a Library Service Review.
2. Clerical staff in Local Authorities have their own career structure and progression path. There is a major historical anomaly in the Library structures in relation to the career path for grades above Grade VI for non professional staff. It is the reason for the creation of the new Staff Officer posts. They were not created to allow Clerical staff to have a 'second bite at the cherry' in terms of career progression.
MANAGEMENT'S ARGUMENTS:
4. 1. The Union members were fully aware, prior to the ballot on the local offer that Clerical Officers employed in the Library Service were eligible to apply for the newly created posts. There was no ambiguity on Management's part in relation to the case. It was quite clear from letters of offer from the Local Management Services Board and the circular from the Department of Environment that Clerical Officers were not excluded from the confined competitions.
2. No staff member in Laois Library Service raised any issue in relation to this matter. It appears that this issue is being driven by Dublin Local Authorities. Library Service Clerical Officers in other local authorities have been allowed compete for these posts without impediment from the Union. It would be unfair to disadvantage eligible staff in Laois because of a position taken. Management has fully delivered on both national and local agreement reached with the Union.
RECOMMENDATION:
The only record presented to the Court of what was agreed nationally on the introduction of a new library management structure is contained in Circular Letter LG (P) 07/05.
This circular, at paragraph 4.2, refers to the competition for the first filling of the new posts being confined to eligible staff of the library service of the local authority. In essence this dispute turns on what the parties to the Agreement meant by the expression "staff of the library service".
It seems to the Court that one purpose of the new structure was to provide some progression for staff whose career stream was exclusively in the library service. If that was the object of the parties it would best be realised by confining the competition for the Staff Officer post to such staff. On that basis the most reasonable interpretation of wording used is that it relates to staff designated as Assistant Librarians and Senior Assistant Librarians.
On that basis the Court is satisfied that the Union's interpretation of the National Agreement is correct and should be accepted.
Signed on behalf of the Labour Court
Kevin Duffy
29th November, 2006______________________
JO'CChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.