FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MAYO COUNTY COUNCIL - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Claim for 4 Senior Assistant Chief Fire Officer positions in Mayo County Council
BACKGROUND:
2. This case concerns a dispute between Mayo County Council and IMPACT in relation to a claim for four Senior Assistant Chief Fire Officer (SACFO) posts in Mayo County Council. There are currently four Assistant Chief Fire Officer's (ACFO) posts in Mayo - Ballina, Castlebar, Westport and Support Services. Discussions for new structures in the Fire Service began following the publication of a "Review of Fire Services in Ireland".
Each Local Authority could apply individually for Senior Assistant Chief Fire Officer posts based on their specific needs. In the case of Mayo County Council, there were three such posts sanctioned by the Department of Environment, Heritage and Local Government (DEHLG). The Union is claiming that there is a specific need for four such posts in Mayo, as have already been sanctioned in other counties of similar size and spread. Managements position is that three posts is sufficient to provide the service in County Mayo.
The dispute was not resolved at local level and was the subject of a number of conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referrred to the Labour Court on 30th January, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 18th October, 2007 the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 The claim for four posts at SACFO level is fair and reasonable in the circumstances. Comparable Local Authorities (Galway County Council) have assigned four SACFO posts. It is unacceptable that only three posts are sanctioned in Mayo, given the size of the County and the level of work carried out by the Fire Service.
2 Management, themselves applied to the DEHLG for four posts on the basis of the needs of the service. It is disingenuous to apply for four posts and then subsequently suggest that three posts are appropriate.
MANAGEMENT'S ARGUMENTS:
4 1 The appropriate comparable Local Authorities to Mayo County Council (Donegal and Clare County Council) have both accepted the creation of three posts at SACFO level. Glaway County Council is not comparable on the basis that it also provides services to Galway City Council and is responsible for both a full- time and retained service.
2 The creation of three posts in Mayo County Council is sufficient for the provision of the service.
RECOMMENDATION:
The claim before the Court concerns the Union’s claim for the appointment of four Senior Assistant Chief Fire Officers. The claim arises following the publication of a” Review of Fire Safety and Fire Services in Ireland” report which resulted in new staffing structure for Fire Services.
The Department of Environment, Heritage and Local Government stipulated that the number of new posts at Senior Assistant Chief Fire Officer level was a matter for individual local authorities having regard to the needs of that local authority and subject to Departmental approval. Mayo County Council received approval for the creation of three posts at Senior Assistant Chief Fire Officers.
The Union put forward the argument that due to the nature, size and population numbers Mayo should have four officers at this level.
The Court notes that there are four posts currently at Assistant Chief Officer level – Castlebar Area, Westport Area, Ballina Area and Support Services. Having considered the submissions of both sides, the Court is not sufficiently satisfied that a position at Senior level is warranted for the Support Services function and consequently does not recommend in favour of the fourth post at Senior Assistant Chief Fire Officer level.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
3rd December, 2007______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.