FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AN BORD PLEANALA - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Selection Criteria for appointment to Allowance Posts - 2 Planning Inspectors & 1 Senior Planning Inspector
BACKGROUND:
2. This case concerns a dispute between An Bord Pleanala and IMPACT in relation to the selection criteria for the appointment to allowance posts. The Union is seeking that the appointments be based on seniority and suitability. Management contends that the appointments should be determined by a merit based competitive process. 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 to the Labour Court on 25th October 2012 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 17th January, 2013
UNION'S ARGUMENT:
3 1 An agreement concluded between the parties in 2003 provides for the filling of allowance posts on the basis of seniority and suitability. The Union does not accept that these posts should be filled by a competitive process contrary to the terms of the agreement.
MANAGEMENT'S ARGUMENT:
4 1 The posts in question are not encompassed by the 2003 Agreement. A competitive process for appointment to the posts is the appropriate method of selection in the current situation.
RECOMMENDATION:
The Court recommends that the allowance now in issue should be allocated on a senior/suitable basis as heretofore. However, the parties should immediately enter into negotiations on the criteria to apply for future allocations of these allowances which give appropriate weighting to merit.
In the event that the parties fail to agree on revised criteria the matter may be referred back to the Court for a definitive recommendation.
Signed on behalf of the Labour Court
Kevin Duffy
6th February 2013______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.