FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ROSCOMMON COUNTY COUNCIL - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Structure and grading of Library Services.
BACKGROUND:
2. In May 2005 the Department of the Environment, Heritage and Local Government reached a national agreement concerning the introduction of a new Library Management structure to assist in implementing a revitalised and more flexible library service nationally"Branching Out - A New Public Library Service."
TheAgreementprovided for the introduction of a new post of Senior Executive Librarian at Grade VII and a post of Staff Officer particular to the Library Service. The Agreement also provided for each Local Authority Manager, in consultation with local staff interests, to determine the structure appropriate to his or her Local Authority and to agree flexibility and productivity measures.
Roscommon County Council and IMPACT entered in local discussions in 2005 and the Council put forward a structure which saw an increase in the number of posts to five, making a complement of 24 with a further post of AssistantLibrarian created for Castlerea Prison. The Union rejected the proposal and sought a total of 27 posts excluding the prison post. TheCouncil proposal also included additional opening hours across all Library Branches and the reintroduction of the mobile service.
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 2nd January 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st April, 2008.
UNION'S ARGUMENTS:
3. 1. The staff in the Library Service in Roscommon feel the proposals they have developed are fair, reasonable and are what are required to deliver the service to which the public are entitled to without placing an undue workload on staff.
2. The Union maintain that Management's proposal of an increase in opening hours from 30 hours to 42 hours in the Roscommon Branch cannot work with 3 staff assigned to the branch as this will mean only one member of staff on duty on occasions. This is unacceptable on grounds of Health and Safety.
3. Staff believe that a staffing compliment of 27 is the minimum required to deliver a proper service as envisaged in the new Library Management structure. The numbers are inclusive of the additional staffing put in place to provide the mobile service (2 staff) and the two additional staff provided for under the terms of the national agreement i.e. Senior Executive Librarian and Staff Officer.
MANAGEMENT'S ARGUMENTS:
4. 1.Management believe that its proposal to extend the opening hours is deemed justified on the grounds that it will provide a better service to the public and meet the needs of the community.
2. Management has now proposed an increase in staff numbers to 25 and in addition has created a further post of Assistant Librarian for the Castlerea Prison Service which will be filled by confined competition.
3. Management is satisfied that the proposed staffing and grading structure in the Library Services in County Roscommon will meet the future needs and obligations in the delivery of an effective and efficient Library Service to the community in Co. Roscommon.
RECOMMENDATION:
The matter before the Court concerns the new Library Management staffing requirements for Roscommon County Council, following an agreement reached at national level between the Department of the Environment, Heritage and Local Government and IMPACT. In addition to the creation of two new senior posts, Senior Executive Librarian (Grade VII) and Library Staff Officer (Grade V), the agreement provided for each county manager to determine the structure appropriate to that authority and to agree flexibility and productivity measures.
Management at Roscommon County Council proposed a new staffing structure to include an overall increase in the number of posts in the service, to bring the numbers from 19 at present to 25 plus one at Castlerea Prision. The Union, on the other hand, held the view that the Library Service was severely understaffed at present and therefore, sought additional staffing to that proposed to bring the numbers to 27; it also sought that existing posts should be upgraded to deal with the proposed new opening hours, as follows: -
Roscommon Library Headquarters
Creation of an additional Senior Library Assistant post (Grade IV).
Roscommon Branch Library
Creation of an additional Executive Librarian post (Grade VI).
Creation of an additional Library Staff Officer post (Grade V).
Ballaghaderreen, Boyle and Mobile Branch Libraries
Upgrade of a position in each branch from Grade IV to Grade V and from Grade III to Grade IV. The Union also claimed that the new Mobile Branch Library should be staffed with a Grade IV and Grade V, not at Grade III and Grade IV as planned.
At conciliation, in response to the Union’s claim management offered to create an additional post of Senior Library Assistant (Grade IV) at the Roscommon Branch Library and that all new posts and consequential vacancies would be confined to existing eligible staff of the Library Service. At the hearing it clarified its position with regard to additional opening hours. It stated that it would only increase opening hours where part-time Library staff gave their consent and indicated a willingness to adapt to the new hours. Otherwise the opening hours would remain as at present.
Having considered all aspects of the claim, the Court is of the view that the staffing structure proposed by management at conciliation is reasonable in the circumstances and does not accept that a further increase in the proposed staffing levels is warranted. Furthermore, the Court recommends that the proposed extended opening hours should be put to the staff on the basis of that clarified at the hearing. Therefore, the Court does not uphold the Union’s claims.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
17th April, 2008______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.