FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TIPPERARY JOINT LIBRARY COMMITTEE - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr Nash |
1. Restructuring of Library Services in Co Tipperary.
BACKGROUND:
2. Tipperary Joint Library Committee is the body responsible for running the Library Services in Co Tipperary.
In 2005 an agreement was reached with the Union which provided for the introduction of a new library management structure. Following negotiations Management put forward proposals which they considered to be fair and consistent with the national agreement on re-structuring. The proposals involved a number of regradings which in the view of Management are appropriate to the needs of the Library Services in County Tipperary. The Union is seeking structures and regradings to be put in place which exceed those proposed by Management.
The dispute 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 7th February, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th March 2007.
UNION'S ARGUMENTS:
3. 1.The Union maintain that Management have consistently refused to engage in meaningful talks with staff in an effort to resolve the current review.
2. The refusal of Management to engage with the Union has meant that library staff have been unable to compete for promotional opportunities whereas similar positions have already been filled in other local authorities.
3.Management have refused to acknowledge the requirements and responsibilities inherent in running a Library Service that spans two local authorities and the consequent administrative burden that no other Library Service has to bear.
MANAGEMENT'S ARGUMENTS:
4. 1.Management have entered into discussions with the Union both at local level and under the auspices of the LRC in an attempt to reach an agreement on the structures for the Library Services in County Tipperary. The proposals put forward represent significant promotional opportunities for the existing staff of the Library Services.
2.The purpose of the Library Service Review was to put in place a structure which was appropriate to the needs of the authority, not purely one which guaranteed promotion for most. The structure when agreed must be sanctioned by the Department of Environment, heritage and Local Government.
3. While Tipperary Joint Library Committee is unique within the local authority sector, in that it covers two local authorities, it submits that the structure, which it proposes, is consistent with the agreement reached under the Library Service Review.
RECOMMENDATION:
The issue before the Court relates to implementation of a national restructuring of the Library Services and the Union's claim for structures and re-gradings in excess of that proposed by Management. The restructuring introduced new posts at local authority Grade 5 - Staff Officer and Grade 7 - Senior Executive Librarian.
The Union based its claim for additional re-grades on the grounds that the restructure would provide promotional opportunities which had not previously been available to staff. Furthermore, it held that the duties and responsibilities in Tipperary Library Service were different to those provided by other Library Services.
The Union submitted details of other agreed and sanctioned Library restructuring in other Local Authorities.
Management stated that based on its assessment of the needs of the Library Service in Tipperary the proposed restructure was appropriate and accordingly rejected the Union's claim.
The Court has considered the submissions of both parties and has examined the information supplied on the restructuring in other Local Authorities. Having considered the matter, the Court recommends that the parties should enter into discussions with a view to agreeing a level of re-grades to meet the needs of the Tipperary Library Service, along similar lines already agreed in respect of certain Local Authorities in which agreements have been concluded and for which sanction has been approved.
These discussions should commence as soon as practicable and should conclude within a period not exceeding six weeks.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
4th April, 2007______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.