FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KILKENNY COUNTY COUNCIL, PART/TIME FIRE SERVICE (REPRESENTED BY LGMSB) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Managerial Structure.
BACKGROUND:
2. The issue at the centre of this dispute relates to the proposed new structure of the middle management at Kilkenny County Council Fire and Rescue Service and which is based at the Kilkenny City Fire Station. At the end of September 2008 the previous Retained or Part-time Station Officer retired and the Council proposed to replace him with a full-time Officer. The Union would accept the introduction of the full-time post but are insistent that the part-time position be retained for promotional pathway reasons.
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 to the Labour Court on the 16th April, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 8th September, 2009.
UNION'S ARGUMENTS:
3. 1. To do away with the Retained Station Officer position and replace him with a Full-Time Officer would erode the promotional pathway which always existed within the Council for Retained/Part-Time Officers.
2. To suggest that there could be confusion as to who would be in charge is not a valid argument as the Full-Time Officer always takes control at an incident.
COMPANY'S ARGUMENTS:
4. 1. Management are of the opinion that what is needed to fulfil their obligations to the community is a full-time officer and that members of the Retained Officers corps could apply for the position.
2. The reason for not having both full and part-time officers is that possible conflict that could arise in the chain of command, supervision and responsibilities. Having two Station Officers of equal rank running one brigade would potentially lead to confusion as to who is in charge.
RECOMMENDATION:
The Court notes that the Union are not objecting to the appointment of a full-time Station Officer. Nor is it suggested that there is any operational requirement for a retained Station Officer together with a full-time Officer.
While the Court appreciates the basis of the Union's claim and the desire of the retained staff to maintain the promotional position, this is not a sufficient basis upon which the Court could recommend concession of the Union's claim.
Accordingly, the Court does not recommend that a retained Station Officer post be maintained together with a full time post.
Signed on behalf of the Labour Court
Kevin Duffy
28th September, 2009______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.