FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GALWAY CITIZENS INFORMATION CENTRE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Allocation of Additional Hours/ Filling of Post
BACKGROUND:
2. This case concerns a dispute between the Galway Citizens Information Service (CIS) and SIPTU in relation to the allocation of an additional hours/filling of an Information Officer post for which sanction has been obtained from the Citizens Information Board (CIB). The Union's position is that the filling of the post/allocation of the hours should be based on dividing the hours equally amongst the existing staff. Management's position is that it is CIB policy that all vacancies are filled by open competition which includes eligible FÁS and Community Employment workers.
The dispute was not 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 matter was referred tthe Labour Court on 29th October 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 17th June, 2009.
UNION'S ARGUMENTS:
3 1 The allocation of the hours/ filling of the post should be done on the basis of a confined competition among the existing Information Officers with the successful applicants previous working hours then being evenly distributed among existing employees of the CIS in order for them to achieve the legitimate objective of increasing their level of earnings.
2 The service provided by staff of the CIS will be greatly improved if the additional hours are divided among those who are familiar with and knowledgeable about the work and its requirements.
COMPANY'S ARGUMENTS:
4 1 The Citizens Information Board sets out criteria for the allocation of new posts amongst CIS's. The policy states that all posts be advertised and be filled by open competition to include applications from FÁS workers, Community Employment participants and other volunteers within the service. Local CIS's cannot deviate from the CIB national recruitment policy.
2Management have the right to manage the filling of the post through open competition and must further ensure that the recruitment process is fair and transparent.
RECOMMENDATION:
The claim before the Court concerns the filling of a newly-approved Information Officer post with an allocation of 35 hours per week. The approval was granted in February 2007. As the approval entailed additional funding for a new post the Union sought to fill it by confined competition and restrict applications to existing interested part-time workers in Galway Citizens Information Centre (CIC) (already employed as Information Officers) to enable them to increase their hours. Galway CIC, under the direction of its national headquarters (CIB), sought to have an open competition, in line with its national recruitment policy, dated 1st September 2008.
The policy states:
- “It is the policy of the CISs [Citizens Information Service] to fill all permanent staff vacancies that may occur in the organisation by open competition. Vacancies can be advertised for example through the press, FÁS or on the Community Exchange
website. Staff should be advised in advance of any advertisements of vacancies. In exceptional circumstances a staff vacancy may be filled by alternative arrangements. The authorisation of the Board will be required in such circumstances. Selection is based purely on the suitability for the vacant post.”
Management at Galway CIC stated that the needs of the service required the filling of the post on a single full-time basis and through competitive interview. It held that the Union’s position would effectively prevent applications by FÁS CE workers and volunteers who are already working within the service from applying for the post.
In all the circumstances the CIB decided to exercise the “exceptional circumstances” clause and allow the post to be filled by confined competition open to all Galway CIC personnel and the post was advertised internally to all paid staff, volunteers and FÁS CE participants. Six applicants were received; there were no applications from the paid staff. As the Union sought to delay the process pending the outcome of this case, the process has since been stalled.
The Court accepts Management’s right to manage and accepts its right to apply a fair and reasonable approach, on an equal opportunity basis, to fill one of its posts. However, the Court is of the view that the process needs to recommence from its initial stages again.
Accordingly, the Court recommends the Information Officer post should be filled by confined competition open to all Galway CIC personnel as proposed by CIB i.e. open to all paid staff, volunteers and FÁS CE participants and that the process should recommence with applications being sought again for the post.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
10th July 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.