Circular 0012/2007

To: Director of each Institute of TechnologyPresident of Dublin Institute of Technology

Implementation of Labour Court Recommendation LCR 18366 relating to the issue of retrospective application of the provisions of C/L IT 01/05 for academic staff in Institutes of Technology.

I am directed by the Minister for Education and Science to refer to the above mentioned Labour Court Recommendation relating to the issue of retrospective application of the provisions of CL IT 01/05 for academic staff in Institutes of Technology. A copy of the LCR 18366 is outlined below.

The terms of the Labour Court Recommendation have been the subject of discussions between representatives of management of the Institutes, the Teachers Union of Ireland and the Departments of Education and Science at a working group of the IR Forum. Arising from the initial discussions I am to convey sanction for the application of the terms of LCR 18366 to external staff appointed to lecturing positions in Institutes of Technology since 1st September 1998. The procedure is as set out hereunder.

  • Examine all external staff appointed since 1 September 1998 using the provisions of Circular Letter IT 01/05 and place on appropriate point on scale as if they were being appointed on 1st September 2002. This will place them on point X of the salary scale at that date.
  • Compare this salary point with the salary point they were receiving on 1st September 2002.
  • If they were in receipt of salary point above X then no action required.
  • If they were in receipt of a salary point, which is below point X, they should be granted the number of increments required to bring up to point X. In addition those staff will receive arrears of salary from 1st September 2002 to date and will receive ex-gratia payment of €1,500.

It has been agreed that any issues arising from the implementation of the Labour Court Recommendation to external staff should be referred for further discussions at the working group.

Issues relating to other staff appointed to lecturing positions since 1st September 1998 are being discussed by the working group and you will be further advised in relation to these categories of staff in due course.

Dissemination of Circular

Copies of this circular should be made available to all eligible staff. The Circular may also be viewed on the Department website

Queries in Relation to this Circular Letter

Any queries in relation to this Circular Letter should be e-mailed to

13th February 2007

FULL RECOMMENDATION
CD/05/187RECOMMENDATION NO. 18366
(CC005782-03)
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES :
INSTITUTE OF TECHNOLOGY
- AND -
TEACHERS UNION OF IRELAND
DIVISION :
Chairman: Mr McGee
Employer Member: Mr Grier
Worker Member: Mr Nash
SUBJECT:
1. Incremental credit
BACKGROUND:
2. An increase in the number of permanent appointments was made in Institutes of Technology following the agreement under the provisions of the Programme for Competitiveness and Work (PCW). Previous to this many appointments had been to non permanent positions. The Union contends that this showed up anomalies in the incremental credit provision. In addressing these anomalies an agreement was concluded between the Union and the Department of Education and Science in 2002 under which staff which were appointed to permanent academic posts would receive incremental credit for temporary service.
The dispute before the Court relates to whether the agreement between the parties in respect of incremental credit is to cover those on whose behalf the issue was raised initially or whether it should it should exclude them and be only in respect of future appointees. The Department sought implementation of the agreement from a current date, that being that it only applies to those appointed after the discussions concluded and substantive agreement was reached in September 2002.
The union sought an earlier date to comprehend those on whose behalf the issue was raised and sought that those appointees following the PCW agreement would be comprehended by the agreement.
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 10th February, 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st June, 2005, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Union did recognise the potentially significant cost in terms of making retrospective payment to some of the people concerned and took the view that its priority was that the members concerned would be placed on the appropriate point of this scale from the date of the agreement. Were this to have been done the Union would not look for retrospective payments for the increased salary which would have been payable during the intervening period of four years.
2. This is not a traditional claim for an improvement in conditions in respect of which the Union has subsequently sought retrospection for the agreement. Rather the Union sought to address the anomalies for those individuals who were being appointed at the time, this led to a situation where a substantial agreement was reached but the original anomalies raised were still not being addressed. The Union is seeking that those members on whose behalf the issue was raised in the first place would have their anomalies addressed and would see the benefit of this agreement by way of being placed on a higher salary.
3. The Union is asking the Court to recommend that the agreement in respect of incremental credit as set out in Circular Letter IT 01/05 is applicable to those members of Academic staff appointed as a result of the PCW process and to those subsequent to that date (September 1998), and to recommend the placing of those appointees on the point of the scale applicable had the agreement been in place since September 1998, and to further recommend that arrears be payable to such persons with effect from September, 2002, this being the date by which the agreement was finalised.
DEPARTMENT'S ARGUMENTS:
4. 1. The claim represents a cost increasing claim which is precluded by the provisions of the Programme for Prosperity and Fairness and Sustaining Progress. While it is difficult to determine the precise cost there is potential for individual increases of between €4,000 to €5,000. There have been approximately 971 appointments to Institutes of Technology since 1st September, 1998. The increased costs of retrospection to individual Institutes would impact on their capacity to deliver their current suite of courses having regard to the budgetary constraints currently operating in the sector.
2. It is normal custom and practice in the public sector that revised arrangements governing the rules for the award of incremental credit are introduced for new appointees only. Any "lookback" is generally of a limited nature and applies subject to certain criteria. The potential for anomalies is a feature of all new arrangements. Concession of the claim would have implications for similar arrangements across the public sector.
3. This claim is one of a number of claims being taken by the grades of lecturer in the Institutes of Technology (two of which were before the Court recently, see LCR18164). While the Union has been arguing in each of the claims that they are of a minor nature and not cost-increasing, there is no doubt that the claims, when considered in their totality, will place a significant burden on individual Institutes (if conceded) and represent a breach of Sustaining Progress. Accordingly the Official Side requests the Court to reject the claim.
RECOMMENDATION :
The Court has given detailed consideration to this case and to the submissions of the parties. It has come to the conclusion that the best solution is an industrial relations one.
The Court recommends that each claimant have applied to them the suggestion made at conciliation by the IRO whereby staff appointed before the effective date could not be on a lower point than those appointed afterwards. This should be implemented and each claimant should, as an acknowledgement of the lengthy claim process, also receive an ex-gratia payment of €1,500 in full and final settlement of the matter.
Signed on behalf of the Labour Court
Raymond McGee
24th October, 2005 ______
JO'C Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.