FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIVERSITY COLLEGE CORK - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Non filling of Stores Supplies Officer Post
BACKGROUND:
2. The case concerns the non-filling of a Stores Supplies Officer, Grade C full-time post in Cork Dental Hospital which is a training facility under the Management of University College Cork. When the post became vacant in 2008 it was understood by the Union that the position would be filled after a competition was held, however, due to financial constraints the College postponed all recruitment and the post remains vacant. This action has frustrated the Union's members at what they see as a commitment broken by Management.
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 10th August 2011, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th September, 2012.
UNION'S ARGUMENTS:
3. 1. Funding for the post already exists and the €35k cost of employing an outside contractor to do the task could further reduce the cost to the College.
2. Agreement on the filling of the post predates the current Government Moratorium on recruitment and the Public Service Agreement. Management should not be using either excuse to justify their failure to comply with the commitment given in 2007.
COMPANY'S ARGUMENTS
4. 1. Management is committed to filling the post but is precluded from doing so by the provisions of the Employment Control Framework. Further reductions in staffing will be required during the forthcoming year and the post concerned is one of many vacant posts across all staff grades.
2. The College has been informed by the Higher Education Authority that allocation of Exchequer funding will be conditional on adherence to the Employment Control Framework. Vacancies in administrative posts generally may not be filled.
RECOMMENDATION:
The Court notes that the University wishes to fill the post in issue but believes that it is constrained from doing so by the Employment Control Framework and Clause 1.5 of the Public Service Agreement 2010 - 2012.
The Court recommends that the University should again consider if this post can be filled within the confines of the moratorium on recruitment in the Public Service and the PSA.
Signed on behalf of the Labour Court
Kevin Duffy
9th October, 2012______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.