FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CITY OF DUBLIN YOUTH SERVICES BOARD (REPRESENTED BY CITY OF DUBLIN VEC) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. (1) Review of Structures and roles carried out by Dept of Education , CDVEC, CDYSB & IMPACT. (2) Employer Refusal to engage in implemention of recommendations. (3) Refusal to attend LRC.
BACKGROUND:
2. This case concerns a dispute between City Dublin Vocational Educational Committee (CDVEC) and Irish Municpal Public and Civil Trade Union in relation to recommended changes to the staffing structures of the City Dublin Youth Services Board (CDYSB). The CDYSB was set up in 1942 as a statutory sub-committee of the CDVEC to support the development of youth work.
At issue is a review of structures within the CDVEC which was not extended to the CDYSB. The Department of Education and Science and the Department of Finance sanctioned the implementation of the "Rochford Report" on the newly proposed structures within CDVEC but youth services were not encompassed in the report.
Management's (CDVEC) position is that it is not in dispute with IMPACT in relation to the Union's request for a review of the CDYSB. It accepts the need for a review but sanction from the relevant Government departments is not forthcoming.
The matter was referred to the Labour Court by IMPACT on 4th December, 2008 for investigation under Section 20(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 5th February, 2009. The following is the Court's Recommendation:
RECOMMENDATION:
The Court notes that there is no real dispute between the Union and the Employer on the issue referred to the Court. It is further noted that the difficulties arise from the impediment in giving effect to the proposals agreed between the Union and the CDVEC which emanate from the need to obtaining sanction from the Government Departments responsible for funding any changes which might result from an implementation of these proposals.
In the circumstances of the case the Court recommends that all interested parties should meet, on a without predjudice basis, to explore what possibilities exist for the advancement of this matter in the context of the agreed proposals.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Duffy
2nd March 2009______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.