FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CORK CITY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Make-up of the interview board.
BACKGROUND:
2. The parties were before the Labour Court previously and the Court issued LCR20473 in which it stated that the parties could return to the Court if all issues were not resolved following further discussions and engagement. The parties have done what was recommended and have returned with one unresolved issue, namely,that of the composition and selection of the interview board for promotions within the Fire Service.
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 back to the Labour Court on the 16th May, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A second Labour Court hearing took place on the 3rd October, 2013.
UNION'S ARGUMENTS:
3. 1. The promotions process colloquially known as 'conclave' had the status of an Agreement between the Management and the Union and any and all amendments must be agreed beforehand.
2. What is proposed is a massive departure from what previous candidates historically would have experienced.
COUNCIL'S ARGUMENTS:
4. 1. The 'conclave' system for candidate selection for promotion is completely contrary to best Human Resource practice. It should be replaced with a fit-for-purpose system without unnecessary delay.
2. The composition of the interview board must remain within the Council's prerogative to decide in accordance with the standard norms applicable throughout the public service.
RECOMMENDATION:
Having considered the submissions of the parties the Court recommends that the Council's proposal be accepted by the Union subject to the modification that one of the members of the selection board (other than the Chairman) be internal.
Signed on behalf of the Labour Court
Kevin Duffy
14/10/2013______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.