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2002

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LCR17361

FULL RECOMMENDATION

CD/01/668
RECOMMENDATIONNO.LCR17361
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969



PARTIES :
LEITRIM COUNTY COUNCIL

- AND -

REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION


DIVISION :

Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Ms Ni Mhurchu
SUBJECT:
1. Promotion.


BACKGROUND:

2. The Union's case is as follows:- arising from the introduction of Better Local Government (BLG) the parties were in negotiations for 6 months from December, 2000, with respect to a package of benefits for the Union members. One of the results was an offer, dated 12th of Aprtil, 2001, on new structures and posts, including a proposal to increase the number of Assistant Staff Officers from 14 to 29 by means of a confined competition. The offer was balloted on and accepted.

Following the competition, it emerged that insufficient candidates (clerical officers) had been panelled to fill the 29 posts. Six posts remained unfilled. The Union believed that a further competition would take place to allow the unsuccessful candidates another opportunity. However, the Council indicated that it was precluded by the Department of the Environment and Local Government from having a second competition.


The Union referred the dispute to the Labour Court on the 8th of November, 2001, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 26th of November, 2002, in Sligo, the earliest date suitable to the parties.

UNION'S ARGUMENTS:

3. 1. Part of the letter of 12th of April, 2000, states as follows:-

If any post remains unfilled either as a result of there not being sufficient candidates or in the event of an interview board not qualifying sufficient candidates, there will be one further interview round given for its filling by internal competition from among existing eligible staff of the Council. If it still remains unfilled following that procedure, it will then be opened for external competition.

2. The Council's failure to have a further confined competition for the 6 posts represents bad faith and a breach of the agreement.

3. The workers concerned have co-operated at all times with the provision of BLG. Clerical officers are the lowest paid within the administrative structure in the Local Authority.

COUNCIL'S ARGUMENTS:

4. 1. The proposals in the letter of 12th of April, 2000, were subject to sanction by the Department of Environment and Local Government, and that proposal was constrained by the Department. The Union was made aware of this.

2. The Labour Court, in LCR 17095, has already determined that Local Authorities could not reasonably be expected to fill posts by confined competition where there was an insufficiency of suitable candidates.


RECOMMENDATION:

The Court, having considered the written and oral submissions made by the parties, is satisfied that the employer in this case committed to having a further confined competition in the event of posts not being filled after the first competition.

It is also accepted that this commitment was included on the ballot paper voted on by the employees.

While the position nationally was clarified subsequently by the employers, the Court, given the circumstances of this case, recommends that a further confined competition be held in this area.


This is specific to this area and arises only because of the history and timetable of the negotiations.



Signed on behalf of the Labour Court



Finbarr Flood
13th December, 2002______________________
CON/MB.Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.




 
 
 
 
 
 
 
 
 

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