LCR21445

UNION'S ARGUMENTS:

3. 1. Branch Librarians were not given an opportunity to be interviewed for Library Assistant posts.

2. The employees concerned should be converted to full-time Library Assistant roles.

3. Since the appointment of external candidates the employees have reduced working hours resulting in some loss of earnings.

EMPLOYER'S ARGUMENTS:

4. 1. The Employer conducted a fair and transparent recruitment process.

2. The appointment of the Branch Librarians to the role of Assistant Librarians would have national implications for both grades.

3. There is no precedent within the sector for the automatic granting of a permanent substantive post unless through a competition held by a Local Authority.

RECOMMENDATION:

The matter before the Court was brought under Section 20(1) of the Industrial Relations Act 1969 and concerns a claim by the Union on behalf of four Claimants employed as Branch Librarians who claimed that they were not given the opportunity to be interviewed for Library Assistant posts.

This situation arose following the Council’s decision to advertise and commence a recruitment competition for the post of Library Assistant in June 2015. The Claimants applied for the position but were unsuccessful at the initial stages.

The Union submitted that the Branch Librarians involved each had an average of five to six years’ experience working in a part-time capacity within Wexford County Council Library Service. It stated that the Claimants had been working extra hours to fill the gaps during the moratorium on recruitment and submitted that the Claimants were now at a loss of earnings as a result of the positions being filled. The Union sought to convert the Claimants to full-time Library Assistant positions. This, it submitted, was in line with the WRCCode of Practice on Access to Part-Time WorkS.I. 8 of 2006 and a commitment given by the Local Government Management Agency (LGMA) in 2003 when Management stated that it was prepared to offer improved promotional opportunities for Branch Librarians.

Council Management, represented by the LGMA, disputed the Union’s claim and contended that essentially the Union was seeking to regularise the Claimants into Library Assistant posts. It submitted that such a concession would have national implications for both grades and as it is a national issue it should be raised at national level. It stated that there was no mechanism or practice within the sector for the automatic granting of a permanent substantive post unless through a competition held by a Local Authority.

Having considered the positions of both sides the Court notes that this issue has potential national implications and has been raised at the Local Authority National Council (LANC) - the agenda item read as follows:-

• “The agreement will ensure that Branch Librarians be retitled and regraded to Part time Library Assistants on a no cost basis. The staff so regraded shall continue to discharge all existing duties.”