FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : OFFALY COUNTY COUNCIL - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Filling of Assistant Scientist Post.
BACKGROUND:
2. The matter before the Court concerns the filling of a new post of Assistant Chemist and the consequent suppression of a post in order to comply with the requirements of the Public Service recruitment embargo. In late 2006, the Employer Local Authority, having reassessed its environmental employment structures, decided to create an additional Assistant Chemist post. In accordance with the requirements of the Public Service recruitment embargo, the Employer was barred from increasing its number of staff, so it decided to suppress a Senior Executive Technician post to facilitate the appointment of the Assistant Chemist.
Following local negotiations during 2007, the Employer agreed instead to the appointment of an Assistant Scientist post and the suppression of a more junior Executive Technician post, which enabled the majority of Technicians access to the competition held to fill this Assistant Scientist vacancy. Although six internal candidates applied and were interviewed, and five placed within the top ten, the successful candidate came from a neighbouring Local Authority. This dispute now revolves around where the post within the Local Authority should be suppressed. The Union argues that, as the post of Assistant Scientist is not a technical grade, the onus should not fall on the technical grades to suppress a post. The Employer would not agree to the suppression of a post in the administrative/clerical or engineering grades.
- This 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 3rd January 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 3rd April 2008, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Assistant Scientist grade is analagous to that of Assistant Engineer.
2. The supression of a post at Executive Technician or Senior Executive Technician level would mean a reduction in promotional possibilities for other technical grades.
3.Recent developments within the environmental area warrant the appointment of an Assistant Scientist on a stand alone basis and not at the expense of workers in technical grades.
EMPLOYER'S ARGUMENTS:
4. 1. The creation of this post at Assistant Scientist grade arose from the Employer's long-term strategy to strengthen its ability to respond to environmental pollution incidents and to deal with ever-increasing and more complex industrial facilities during both planning and operational phases.
2. The Employer is bound by the restraints imposed upon it by thePublic Service recruitment embargo and must suppress an existing post in order to fill the newly-created post of Assistant Scientist.
3.The creation of this Assistant Scientist post in no way reduces the number of technical/professional posts in the Environmental Department. The Employer has made every reasonable effort to introduce this new grade with the agreement of the Union.
RECOMMENDATION:
The matter before the Court concerns the filling of a new post of Assistant Scientist and the consequent supression of a post in order to comply with the requirements of the Public Service recruitment embargo.
The Court notes that the issue of which post should be suppressed has been the subject of substantial discussions between the parties and the Union has shown considerable flexibility in that regard.
Having considered the oral and written submissions the Court is of the view that the suppression of a post at Executive Technician level would appear to be reasonable and appropriate when account is taken of the current staffing structure/requirements at the moment. Consequently, the Court recommends that a post at Executive Technician level should be suppressed in order to comply with the embargo requirements, as a result of the creation of the new Assistant Scientist post in the Environmental area.
Furthermore, in an effort to address the Union's concerns over the loss of a promotional position at Tecnician Level, the Court recommends that the parties should make every effort to enhance promotional opportunities at this level.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
22 April, 2008.______________________
JMcCabe.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.