FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN CITY COUNCIL - AND - SIPTU (LAPO) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Reduction by 50% in Executive Manager (Engineering) Posts under the Public Service Agreement (Croke Park) 2010-2014.
BACKGROUND:
2. Under the terms of the Public Service Agreement 2010-2014 a reduction of 50% in the number of Executive Manager (Engineering) (EMEs) posts in the Roads and traffic Division and the Environmental and Engineering Division was proposed. In 2008 there were six posts, four retirements reduced this number to two and sanction was sought and granted to fill one of the positions from an external panel in 2012. The Union is seeking that the number be increased by two. Management argue that based on organisational need the current number need not be increased.
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 8th February, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th May, 2013.
UNION'S ARGUMENTS:
3. 1. The Independent Review Group appointed by the Minister for the Environment Community and local government has approved a maximum scenario reduction in Dublin City Council management grades of 24.9%. If this guideline was adhered to the number of posts filled would be either 4 or 5 from the previous number of 6.
2. Based on any number of methods of assessment, workload, equity or workforce planning the Union has demonstrated that Dublin City Council have acted unfairly and disproportionately towards its senior engineering staff.
COUNCIL'S ARGUMENTS:
4. 1. The reduction in numbers of Senior Engineers is a necessary response by Management to the financial environment and the requirement outlined in the Local Government Efficiency Review Report (July 2010)
2. The Local Government Efficiency Review Implementation Group published its report in 2011 and made recommendations on the Dublin City Council's Workforce Plan which reinforced the requirement to reduce numbers in Senior Management posts.
RECOMMENDATION:
The Court accepts that the number of posts at any particular level must correspond to the needs of the Council. It is noted that the Council believes that its current requirements can be met by three EMEs. The Union takes a different view.
The Court does not believe that a basis exists upon which it could recommend that the Council fill posts that it believes are unnecessary. This should, however, be kept under review and should the volume of work increase to the point that a further post or posts become viable an application to fill them should be made through the normal processes.
The Court also notes the Union's concerns that the current cohort of EMEs are being asked to carry an unreasonable workload. The Court recommends that this issue be dealt with directly between the parties as a matter of urgency.
Signed on behalf of the Labour Court
Kevin Duffy
20th June, 2013______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.