FULL RECOMMENDATION
PARTIES : MONAGHAN COUNTY COUNCIL DIVISION :
SUBJECT: 1.Staff Promotional Opportunity. Filling of Environmental Patrol Warden Post 2. The position of EPW is one of the highest paying promotional opportunities available to outdoor grades which provides them with the opportunity to significantly increase earnings. A confined competition would give current General Operative’s a fair opportunity of success as opposed to being pitched in with applicants from all over. 3. The Employer contend that‘Previous national agreements (PSA 2018 – 2020, 2.11.) provide for the use of open competitions for recruitment.’Open recruitment is indeed provided for as an option in previous agreements. However, the use of open recruitment is not compulsory. EMPLOYER'S ARGUMENTS: 4. 1. This Environmental Protection Warden (EPW) post was first created by the Council in 2004 and was filled by an Open recruitment campaign. Open recruitment does not preclude the Union’s members from applying for the role. 2. There is no agreement with the Union to advertise the post on a confined basis and have explained to SIPTU that it cannot move to a model of confined competitions only. This does not exist for any other grades in the local authority. 3. The Public Sector Agreements which the Union has signed up to clearly state that open recruitment across the public service is the preferred approach. RECOMMENDATION: The issue in dispute between the parties relates to the filling of an Environmental Patrol Warden post. SIPTU are seeking to have the post filled by competition confined to staff of Monaghan County Council. The Employer want to fill the post by public competition. Union’s submission. The Environmental Patrol Warden post was introduced about ten years ago. At that time, it was filled by public competition. The post fell vacant in July 2020, and has been filled on a temporary basis since then by a general operative acting into the post. It is not in dispute that the person acting into the post carried out the full range of duties attached to the post. SIPTU are seeking that on this occasion the post be filled by confined competition. It is SIPTU’s position that they are prepared going forward to engage with the Employer in respect of “discussing the scope for increased open competition” for their grades in the County Council as provided for in the Public Service Stability Agreement 2018-2020. Employer’s submission The position of Environmental Patrol Warden was first recruited by the council in 2004 via open competition. There is no current agreement with the Union that requires the post to be filled by confined competition. It is the Council’s belief that SIPTU are seeking to have all post confined. The Council submitted that it was national policy to have open competition and drew the Court’s attention to Public Service Stability Agreement 2018-2020 which provided for discussions on the scope for increased open recruitment. Discussion The Court having carefully considered the submissions of the parties and the oral submissions made on the day notes that the Council did not offer any a particular reason why they felt this post should at this time be filled by open competition. On that basis the Court recommends that on this occasion the post is filled by confined competition and that parties engage with a view to reaching an agreement on the scope for increased open recruitment as provided for in Public Service Stability Agreement 2018-2020. The Court so Recommends.
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