FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTH TIPPERARY COUNTY COUNCIL - AND - UNITE TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Alleged breach of 2003 LRC agreement.
BACKGROUND:
2. This dispute arose from the Unions' claim that the Council ignored a 2003 LRC-brokered agreement which stated that 'the Council agrees to look at some supervisory positions for the Water & Sewage caretakers for the County from the existing personnel as proposed'. This 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 6th June, 2012, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th October, 2012.
UNIONS' ARGUMENTS:
3 1 The Council entered into an agreement with the Unions agreeing to fill a supervisor's position from existing water / sewage caretaker personnel.
2 The Council appointed a less qualified candidate to the position of water services supervisor.
3 The Council has acted in contravention of the Public Service Agreement 2010-2014.
COUNCIL'S ARGUMENTS:
4 1 The Council is not in breach of the 2003 agreement.
2 The assignment of supervisory duties to any post is a matter for the County Manager alone.
3. The Council is satisfied that its decision will provide the most effective and efficient method to deliver water services to the public.
RECOMMENDATION:
The issue before the Court concerns the Unions’ claim that the Council were in breach of Clause 2 (b) of an agreement reached in 2003 under the auspices of the Labour Relations Commission which stated:
- “The Council agrees to look at some supervisory positions for the Water & Sewerage caretakers for the County from the existing personnel as proposed.”
In July 2010 the Council examined its structures and on the retirement of the Water Maintenance Co-Ordinator it decided to introduce a new role entitled Water Services Supervisor. The Council stated that this examination was carried out in order to update the job profile to reflect changes in service demand and efficiency/productivity requirements especially in view of the government embargo on recruitment in the public service.
The Unions maintained by appointing a person from outside water/sewerage caretaker personnel the Council were in breach of the 2003 Agreement.
Having considered the submissions of both parties the Court fully accepts the Council’s right to restructure its positions as it deems fit, however this must be conducted within existing industrial relations arrangements. The expansion of the duties in the new role which in turn changed the existing reporting relationships was never agreed, this coupled with an expectation that by the water/sewerage caretakers that a Water & Sewerage Supervisory position would be filled from existing personnel caused difficulties particularly as the first time they became aware of the changes occurred at the interviews for the new post. They had not been informed beforehand that the Council had broadened the role in order to accommodate a restructuring by the Council. The Council told the Court that it was not possible to create a new Supervisory post in the current climate due to the government moratorium on recruitment and promotion. Under such circumstances the Court is not in a position to progress the Unions claim at this point in time.
The Court notes that reporting relationships which were changed as part of the restructuring process have not been resolved between the parties therefore the Court recommends that the parties should now engage in an effort to resolve this matter.
Signed on behalf of the Labour Court
Caroline Jenkinson
13th November, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.