FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NORTH TIPPERARY COUNTY COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Fire Service Restructuring Claim
BACKGROUND:
2. Following on from a consultants review of fire services and a previous Labour Court Recommendation, it was decided that the number of posts at Senior Assistant Chief Fire Officer grade was to be agreed at local level. In June 2005 the Union submitted a claim making the case for three Senior Assistant Chief Fire Officer posts. The County Council sought and received Departmental approval for two posts at this grade.
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 1st December, 2006 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th June, 2007.
UNION'S ARGUMENTS:
3. 1 A letter from the Local Government Management Services Board was issued in advance of local discussions regarding the number of posts at Senior Assistant Chief Fire Officer Level. This stated that local authority fire services of a similar size and structure will have similar numbers at each level. However, unlike similarly sized authorities, North Tipperary Fire Service is distinctly different in function and structure. A position to oversee Building Control is somewhat unique this County Council Fire Service and essentially warrants the third Senior Assistant Chief Fire Officer post.
2 The only similar sized local authority, which allows for three Senior Assistant Chief Fire Officer posts (Prevention, Operations and Building Control) reflecting the equal status of the three functions, is Clare.
3 The staff structure agreed under Better Local Government was for a revised number of six Fire Posts. The Union have requested management fill the vacant post and honour the agreement reached. The Union also submitted in their claim to the County Manager for the regrading of the two Assistant Fire Officers to that of Assistant Chief Fire Officer. This is based on the commitment of senior fire officers to implement all changes associated with Governments decisions on the Strategic Review of the Fire Services.
COMPANY'S ARGUMENTS:
4. 1 The Union is seeking three posts at Senior Assistant Chief Fire Officer solely based on the fact that there are three post holders currently in at Assistant Chief Fire Officer Level. It is management's view that a third post would be unnecessary. The creation of unnecessary posts has consistently been rejected by management from the outset of the national discussions.
2 Local Authorities are divide into five levels based on size, complexity, budget etc, with North Tipperary County Council being placed at level 5. All of the local authorities at level 5 have two Senior Assistant Chief Fire Officers following restructuring.
3 The Union sought to have two posts filled at Assistant Chief Fire Officer level. This would increase the overall numbers employed by the County Council and the national agreement on the restructuring of the fire services did not provide for this. The argument that the additional post is a post agreed under Better Local Government, which was never filled, is unsustainable.
RECOMMENDATION:
The Court is of the view that in the particular circumstances of this case the Union's Claim for the creation of three posts at Senior Assistant Chief Fire Officer level is not unreasonable. The Court also accepts that the current agreement between the parties provides for an establishment of six in the fire service.
However, the Court is of the view that the Union should agree to a reduction of one in the agreed number, in line with position adopted by the Council. The Court is also of the view that the Council should agree to the appointment of a third Senior Assistant Chief Fire Officer at this time. This should be regarded as a temporary arrangement and when one of those appointed vacates his or her post they should not be replaced and the agreed number of posts at the level should revert to two.
The Court recommends accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
2nd July, 2007______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.