FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GALWAY CO COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT AGENCY) - AND - THIRTY-FIVE FULL-TIME FIRE FIGHTERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Haugh Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. Discipline Policy
BACKGROUND:
2. This dispute relates to the provisions of a disciplinary policy in place for full-time firefighters employed by Galway County Council.
The Union said that the Council has unilaterally implemented a disciplinary procedure that does not meet standardised natural justice and fairness requirements and is out of line with the agreed grievance and disciplinary policy at national level which covers the local authority sector.
The Employer said that management has sought to engage with the Union nationally on a consistent basis, however the matter could not be resolved, and no agreement could be reached on a single grievance and disciplinary code.
- This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 18 April 2019 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on 10 September 2019.
UNIONS ARGUMENTS:
3. 1. The issues of most concern relate to the disciplinary procedure on warnings.
2. A verbal warning will have effect for 12 months, a written warning for 24 months and a final written warning for 36 months.
3 It is most unfair that they should be treated in this draconian manner and differently to the other employees in the Council and wider Local Authority.
EMPLOYER'S ARGUMENTS:
- 1. Managements position is based on Labour Court Recommendation 18622 which stated “it was inappropriate to deal with it at local level and should be dealt with through the National Joint Council”.
2. Management has sought to engage with the Union nationally on a consistent basis, however the matter could not be resolved.
3. Management have confirmed their willingness to address the matter.
RECOMMENDATION:
Background to the Dispute
This dispute concerns certain provisions of a disciplinary policy (‘the Policy’) in place for full-time firefighters employed by Galway County Council (‘the Council’) since 2008. In particular, the Union takes issue with the duration for which the various verbal and written warnings remain active on a firefighter’s personnel file under the Policy.
In LCR18622, dated 3 July 2006, the Court recommended that the parties to that dispute (Cork County Council, represented by the LGMSB, and SIPTU) engage through the National Joint Council with a view to agreeing disciplinary procedures applicable nationally to full-time firefighters and consistent with the Code of Practice on Disciplinary and Grievance Procedures (SI No 146 of 2000). Although both Parties accepted the Court’s Recommendation, the ensuing negotiations did not result in agreement.
In the within dispute, the Union submits that, in the absence of a nationally agreed disciplinary procedure for firefighters, the nationally agreed disciplinary procedures that apply generally in the Local Authority sector should also be applied to the thirty-five firefighters employed by the Council. The Council, however, submits that there should be no change to the current arrangements until such time as a common Grievance and Disciplinary procedure for all full-time firefighters has been agreed at national level.
Recommendation
The Court is of the view that the disputed provisions in the Policy applicable to the thirty-five full-time firefighters employed by the Council are anachronistic and irrational. It recommends that the nationally agreed disciplinary procedures that apply generally in the Local Authority sector be applied to the thirty-five firefighters employed by the Council pending agreement being reached via the National Joint Council in relation to a nationally applicable disciplinary policy for all full-time firefighters.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
CR______________________
26 September, 2019.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.