Local Government Divisional Report 03-05

Local Gover nment, Education and Local Ser vices Di vision

Report 2003-2005

T H E P U B L I C S E C TO R T R A D E U N I O N CEARDCHUMANN RIALTAS ÁITIÚIL, SHEIRBHÍS PHOIBLÍ AGUS STÁTSEIRBHÍS NA hÉIREANN

impact Local Government, Education and Local Services Division Report 2003-2005

www.impact.ie

Nerney’s Court, Dublin 1 Tel: 01-817-1500 Fax: 01-817-1501/2/3 E-Mail: rnolan@impact.ie

Contents page

Divisional organisation .........................................................................................5 Pay........................................................................................................................5 Performance verification.......................................................................................6 LANPAG ...............................................................................................................7 National partnership forum - institutes of technology ..........................................7 PMDS in vocational education committees .........................................................7 Benchmarking 2 ...................................................................................................8 Fixed-term contracts.............................................................................................8 Fire services .........................................................................................................8 Pollution officers ...................................................................................................8 National Education Welfare Board .......................................................................8 School secretaries ................................................................................................9 Institutes of technology.........................................................................................9 Local authority library grades ...............................................................................9 Contracts of employment - local authorities.........................................................9 Public-private partnerships...................................................................................9 Civil defence officers ..........................................................................................10 Community enterprise and development officers ..............................................10 Pensions.............................................................................................................10 Divisional executive training ...............................................................................10 Appendix one - Salary scales ............................................................................13 Appendix two - Travel and subsistence .............................................................15 Appendix three - Vocational groups...................................................................16

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Review 2003-2005 Divisional Organisation The following were elected to IMPACT's Local Government, Education and Local Services divisional executive committee at the 2003 divisional conference: Michael McCabe (Cathaoirleach), Pat Considine (Leas Cathaoirleach), Joe Sherlock (third divisional representative on IMPACT's Central Executive Committee), Tom Browne, Frank Brannigan, Caroline Degraeve Kane, Martin Flanagan, Paul Foley, Ray Kennedy, Michael McGinty, Kevin O' Malley, and Dearbhla O' Reilly. Michael McGinty was elected as IMPACT's senior vice president at the union's 2004 biennial delegate conference.

Pay IMPACT members gave a massive endorsement to the Sustaining Progress national deal in March 2003, when they backed it by 9-1 in a national ballot. It entitled all workers to pay increases worth a total of seven per cent in the first 18 months of the agreement. In 2004, further cost-of-living increases, worth 5.5 per cent to workers earning more than 351 a week and six per cent to those earning less, were negotiated for the second half of the three-year deal, which runs until June 2006.

As part of Sustaining Progress, the Government also agreed to fully implement the recommendations of the Public Service Benchmarking Body, which delivered additional average pay increases of 8.9 per cent. Three-quarters of the benchmarking awards have now been sanctioned and the final quarter is due in June 2005. Overall Sustaining Progress delivered cost of living increases of over 13 per cent, plus benchmarking payments worth an average of 8.9 per cent, over a three-year period.

Sustaining Progress pay increases (excluding benchmarking) 1st January 2004

3%

1st July 2004

2%

1st December 2004

2%

1st June 2005

1.5% (2% for low paid)

1st December 2005

1.5%

1st June 2006

2.5%

TOTAL

12.5% (13% for low paid)

Cumulative total

13.16% (13.72% for low paid)

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Performance verification All the pay rises in Sustaining Progress, including benchmarking increases, are linked to the verification of a detailed modernisation and change agenda, which was agreed as part of the pay deal. Two Performance Verification Groups (PVGs), one for local authorities and another for education, are charged with verifying staff and unions' cooperation with change and Sustaining Progress and benchmarking payments cannot be sanctioned without the PVGs' say so. The PVGs are made up of equal numbers of employers' representatives, union officials and independent members, plus an independent chairperson. IMPACT national secretary Al Butler is a member of both.

Benchmarking payment dates Summer 2003

First 25% of awards, backdated to December 2001

1st January 2004

50% of award

1st June 2005

Final 25% of award

The PVGs for education and local government reported in respect of the benchmarking and general round increases in 2004 and will shortly report in respect of the 1st June 2005 payments, worth 1.5 per cent plus the final quarter of benchmarking. All IMPACT members have so far received the increases.

Modernisation action plans were drawn up for all organisations and the county manager, director or chief executive officer responsible for the action plan can complain to the secretary general of their department if they are unhappy with local co-operation with change. This has occurred a number of times in both education and local government.

A Local Authority National Council (LANC) was established to improve industrial relations procedures in local government and an agreement on spheres of influence between the unions, mainly IMPACT and SIPTU, was reached. IMPACT national secretary Al Butler was appointed joint secretary of the LANC, with management representative Paul Dunne.

A number of claims were identified by the unions and progressed through the LANC. Procedures are set down in Sustaining Progress for dealing with issues when the LANC cannot reach agreement.

Discussions on the implementation of modernisation and change in local government and education were conducted through the partnership process in the Local Authority National Partnership Advisory Group (LANPAG), the national partnership forum for institutes of technology, and the national partnership for Vocational Education Committees (VECs).

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LANPAG Sustaining Progress required the following issues to be addressed in modernisation talks: customer service, partnership, performance management and development system (PMDS) and change at local level. The action plans submitted by local authorities through their partnership committees contained commitments to improvements in customer service. These included the extension of lunchtime opening and the introduction of ebased systems. A number of local authorities introduced pilot complaint tracking systems and others produced customer-focussed surveys.

Contracts for partnership facilitators, which were due to expire in March 2005, were extended for a year following IMPACT's intervention. A comprehensive review of the post is to commence by September 2005.

The PMDS was introduced in a number of pilot sites under the guidance of independent consultants. Following a review it was agreed that it would be difficult to roll out PMDS in the same way in all local authorities. It was agreed that each local authority should recruit two training officers for not less than 18 months. They are to be paid the dual acting allowance and there is to be local agreement on whether the posts will be back-filled. A department would be selected for the roll out of PMDS and, on completion of that programme, other departments would follow. This is designed to achieve a manageable expansion of PMDS in each local authority. Competitions for the training posts were underway as this report went to print.

IMPACT also reached agreement with LANPAG on the introduction of an initiative to manage change at local level. Seven pilot sites have been chosen for the initiative, 'Handling significant change at local level'. There is a recognition that substantial additional training is needed and, following talks with IMPACT, this is to be funded to the tune of 17,000 in each pilot. Each site is to identify a project requiring significant change and there will be a review of the outcomes in autumn 2005.

National partnership forum - institutes of technology The complexity of lecturing grades, and the broad span of reporting relationships, made it difficult to structure PMDS in the institutes of technology. Consultants were engaged and, following their report, talks began on a strategy for roll out to the institutes. No agreement has yet been reached on the structure required to deliver training and the outcome of a pilot project in Dublin Institute of Technology is awaited.

Contracts for facilitators were agreed to the end of 2005 and funding for their continuation was secured. But the Council for Directors of Institutes of Technology has said it wants to review the facilitator situation. A meeting is awaited.

PMDS in vocational education committees The scale of the PMDS programme in vocational education committees (VECs), which is much smaller than in the local authorities and institutes of technology, has been progressing reasonably well. Co-ordination between smaller VECs in areas like training will be needed. IMPACT identified a difficulty with regard to school secretaries, who would be appraised by principals who are not part of any formal PMDS structure.

Agreement was reached with the IVEA on the basis that VEC chief executives will have overarching responsibility for schools and would satisfy themselves that the team effort between school secretary and principal forms part of the review.

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Benchmarking 2 Under Sustaining Progress, the Public Sector Benchmarking Body (PSBB) is to begin a second examination of public and private sector pay in the final quarter of 2005. The new PSBB must be set up by 1st July 2005 and report in the second half of 2007. It is expected that the terms of reference will be very similar to the first benchmarking exercise. Management and unions are also considering ways of streamlining the process and making it more transparent, while ensuring that the exercise remains effective and efficient. There will also have to be agreement on the list of grades to be reviewed.

Again, this is expected to be similar to last time. Lists of grades to be benchmarked in the second exercise, and lists of linked grades, will need to be finalised before the summer of 2005.

Fixed-term contracts IMPACT has lodged a number of claims under the Protection of Employees (Fixed Term Workers) Act, 2003, which has significant consequences for a number of grades in the division. The Act makes it illegal for employers to discriminate against temporary staff unless there are objective grounds for variations in pay and conditions. This means fixed term staff who do the same or similar work as permanent staff must enjoy the same pay and conditions. It also prevents employers from undermining workers' rights by employing them on a series of temporary contracts over long periods of time.

Fire service Following a breakdown in negotiations on the introduction of a new fire service structure, IMPACT referred the matter to the Labour Relations Commission (LRC) in July 2004.

Further discussions took place with the Local Government Management Services Board after the LRC issued its recommendation and a ballot was due to take place in April 2005. The offer is contingent on the acceptance of new titles, new job descriptions and a commitment to changes in the management and administration of the service.

Pollution officers The union's vocational group for technicians employed as environmental technicians changed its name to the environmental workers' vocational group in 2004. It now represents a wider spectrum of staff employed by local authorities, including scientific officers (environmental).

National Education Welfare Board Negotiations have continued on a wide range of issues concerning education welfare officers, previously school attendance officers, employed by the National Education Welfare Board (NEWB). A number of issues concerning conditions and salaries have been referred to the Labour Relations Commission. A NEWB partnership committee has been established and slow progress has been made on a range of issues.

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School secretaries The different pay rates for school secretaries employed under the 1978 scheme and those employed under the PESP terms remains the major issue facing the group.

IMPACT is now addressing this under the fixed-term workers' legislation, in relation to the failure to pay benchmarking increases to the latter group. An IMPACT claim for improved structures was rejected by the Department of Education and Science who said it was a 'cost increasing claim,' which is not allowed under Sustaining Progress.

Institutes of technology A number of meetings have taken place within the ITs' partnership forum. Agreements have been reached on the introduction of a number of family friendly policies including term-time working, partial return to work and an acting up policy. A claim is being progressed for sports officers as a consequence of the implementation of the Chapman Flood Mazars report and a date for an LRC hearing has been arranged for early May 2005. Following protracted discussions and a Labour Court recommendation, institute of technology librarians balloted and accepted an offer from the Department of Education and Science.

Local authority library grades IMPACT's claim for an improved local authority library service structure went to the Labour Court, which issued a recommendation in July 2004. Negotiations with the Local Government Management Services Board then continued. They covered new job descriptions for branch librarians and a consequent review of existing job descriptions for library assistants. The Court recommended that an independent consultant examine the level at which professional qualifications apply within the public service and this review is now underway. Negotiations have also commenced at local level on the new structures in the agreement, which provide for the introduction of a grade VII and grade V (staff officer, libraries). These negotiations will be the first review of the library service since the introduction of Better Local Government (BLG).

Contracts of employment - local authorities Agreement on contracts was reached through the LANC staff panel after being raised by IMPACT. An offending paragraph in some new contracts, which concerned lay-offs, was withdrawn and agreement was reached that anyone who had been issued such a contract could have a new one.

Public-private partnerships Agreement on public-private partnerships (PPPs) was reached through LANPAG. It was agreed that PPPs that are purely local in nature would be dealt with at local level but that LANPAG would deal with matters that had national consequences. The agreement also says that any industrial relations content of PPPs would be dealt with by unions in the Labour Relations Commission or Labour Court.

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Civil defence officers IMPACT is to set out proposals for a review of the civil defence function following its claim on behalf of civil defence officers. The union had sought a review of the Civil Defence Act, which established a board with enhanced powers and responsibilities.

Community enterprise and development officers Negotiations with the Local Government Management Services Board have taken place on the establishment of permanent posts for community enterprise and development officers. A tentative offer has been received and a further meeting with the LGMSB was awaited as this report went to print.

Pensions In 2004, unions agreed new arrangements that allow public servants to retire early, but on a reduced pension. The new arrangements will allow most existing public servants to retire after age 50, with a percentage reduction in their lump sum and pension payments.

People who joined the public service after March 2004 will be able to retire at age 55.

The pension reductions for early retirees apply for the lifetime of their pension payments.

The measures were agreed by unions following the publication of the report of the Commission on Public Service Pensions, which said any early retirement arrangements should be cost neutral. Unions concluded the final arrangements with the Department of Finance as this report went to press, and sanction issued in April 2005.

In negotiations that followed publication of the pension commission's report, IMPACT and other unions fought successfully to preserve the link between public sector pay and pensions. Since then, new legislation has established a minimum retirement age of 65 for new entrants to the public service after 1st April 2004. The Government defined a new entrant as a person entering the public service after 1st April 2004, which means existing staff will continue to benefit from the current terms even if they change employment. A break of six months is required to lose this entitlement. Existing staff will not lose their current entitlement if they take career breaks or special leave for more than six months.

Divisional executive training In autumn 2004, members of the divisional executive committee visited leading local government trade unions and employers in Copenhagen, Denmark. A broad range of issues was covered but the main focus was on the effect of private-public partnerships (PPPs) on employment and security of tenure. The executive experienced at first hand the consequences of privatisation of local services, together with the Danish unions' approach to recruitment and retention of members.

In April 2005 members of the divisional executive committee held meetings with the European Public Services Union, the umbrella organisation for European public service unions, and met MEPs to express the union's concerns about the proposed EU services directive. Meetings also took place with experts concerning the European interpretation of fixed-term contracts legislation, which is based on a European directive.

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Appendices

Appendix one - pay scales Clerical and adminstrative Grade 3 Clerical Officer, Library Assistant 20,531 - 21,494 - 22,456 - 23,421 - 24,386 - 25,349 26,310 - 27,270 - 28,235 - 29,195 - 30,163 - 31,981 33,2741 Grade 4 Assistant Staff Officer, Senior Library Assistant, Revenue Collector (national grade), Storekeeper Grade B 25,085 - 26,913 - 28,760 - 30,138 - 31,468 - 33,264 34,565 - 35,885 - 37,0991 - 38,3202 Grade 5 Staff Officer, Assistant Librarian, Legal Assistant, Storekeeper Grade A 35,885 - 37,017 - 38,186 - 39,382 - 40,524 - 41,9031 43,2792 Grade 6 Senior Staff Officer, Executive Librarian, Senior Legal Assistant, Clerk of Works, Building Inspector, Town Clerk with population of less than 5,000 40,101 - 41,072 - 42,279 - 44,488 - 45,815 - 47,5031 49,2022 Grade 7 Administrative Officer, Town Clerk with population of over 5,000 and less than 9,000 41,935 - 42,995 - 44,235 - 45,479 - 46,728 - 47,841 48,979 - 50,081 - 51,177 - 53,0701 - 54,9682

Town clerks Population of over 15,000 57,269 - 58,709 - 61,005 - 63,303 - 65,606 - 67,882 70,177 - 72,7741 - 75,3692 Population less than 5,000 40,101 - 41,072 - 42,279 - 44,488 - 45,815 - 47,5031 49,2022 Population of over 5,000 and less than 9,000 41,935 - 42,995 - 44,235 - 45,479 - 46,728 - 47,841 48,979 - 50,081 - 51,177 - 53,0701 - 54,9682

Technical grades Technician Grade II 24,524 - 25,446 - 26,376 - 27,301 - 28,216 - 29,152 30,068 - 31,006 - 31,935 - 32,816 - 33,793 - 34,9421 36,0842 Technician Grade I 33,793 - 34,384 - 35,154 - 35,926 - 36,686 - 37,454 38,158 - 39,4511 - 40,7522 Executive Technician 36,312 - 37,262 - 38,235 - 39,206 - 40,176 - 41,143 42,5401 - 43,9372

Senior Executive Technician 38,829 - 39,663 - 40,802 - 42,731 - 43,898 - 45,5151 47,1422 Chief Technician 40,180 - 41,186 - 42,367 - 43,551 - 44,741 - 45,801 46,884 - 47,928 - 48,965 - 50,7761 - 52,5932

Welfare and social worker grades Housing Welfare Officer 33,870 - 35,489 - 37,127 - 38,753 - 40,372 - 42,004 43,641 - 44,942 - 46,256 - 47,1801 Social Worker 32,483 - 34,147 - 35,819 - 37,491 - 39,153 - 40,851 42,527 - 43,891 - 45,257 - 46,1641 Professionally Qualified Housing Welfare Officer/Social Worker 39,117 - 40,960 - 42,738 - 44,520 - 46,306 - 48,094 49,889 - 50,8871

Engineering grades County Engineer 70,604 - 73,226 - 75,841 - 78,458 - 81,080 - 83,8351 86,5862 Senior Engineer 65,817 - 67,429 - 69,040 - 70,651 - 72,262 - 73,879 76,3111 - 78,7472 Senior Executive Engineer 55,709 - 57,470 - 59,230 - 60,990 - 62,756 - 64,512 66,286 - 68,5091 - 70,7302 Executive Engineer 42,140 - 43,730 - 45,325 - 46,918 - 48,512 - 50,104 51,697 - 53,285 - 54,886 - 56,476 - 58,3071 - 60,1422 Assistant Engineer 36,368 - 37,954 - 39,529 - 41,105 - 42,688 - 44,264 45,839 - 47,421 - 49,006 - 50,6271 - 52,2512 Graduate Engineer (range) 28,864 - 31,839 - 34,804

Other grades Rent Collector (salaried) 23,432 - 24,202 - 24,972 - 25,741 - 26,507 - 27,278 28,045 - 28,814 - 29,475 - 30,7631 (Bonus 2,510) Rent Collector (fee per cottage) 42.15

1 = After three years satisfactory service at the maximum.

All scales effective 1st December 2004 unless

2 = After six years satisfactory service at the maximum.

otherwise indicated.

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Appendix one Branch Librarian (hourly rate) 11.242 - 11.769 - 12.296 - 12.824 - 13.353 - 13.880 14.406 - 14.932 - 15.460 - 15.986 - 16.516 - 17.511 18.2191 City and County Librarian 57,269 - 58,709 - 61,005 - 63,303 - 65,606 - 67,882 70,177 - 72,7741 - 75,3692

Management grades Dublin City Manager 153,888 Cork County Manager 130,213 Cork City Manager and County Managers in Dun Laoghaire-Rathdown, Fingal and South Dublin County Councils 120,066

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Level 4 County Managers, Managers of Donegal, Galway, Kerry, Kildare, Limerick, Mayo, Wexford and Wicklow and Managers of Clare, Kilkenny, Limerick City, Louth, Meath, Tipperary SR, Westmeath 111,614 Level 5 City and County Managers and Dublin Assistant City Managers, Managers of Carlow, Cavan, Laois, Leitrim, Longford, Monaghan, Offaly, Roscommon, Sligo, Tipperary NR, Waterford, Waterford City and Galway City 103,157 Assistant County Managers 74,407 - 77,790 - 81,171 - 84,554 - 87,936 County Secretary/Finance Officer/ Development Officer (ndc) 57,269 - 58,709 - 61,005 - 63,303 - 65,606 - 67,882 70,177 - 72,7741 - 75,3692

All scales effective 1st December 2004 unless

1 = After three years satisfactory service at the maximum.

otherwise indicated.

2 = After six years satisfactory service at the maximum.

Appendix two - travel and subsistence

Motor Mileage Rates Scale A Rates effective from 1st January 2003 Official mileage in a calendar year

Engine capacity up to 1200cc

Engine capacity 1201 to 1500cc

Engine capacity 1501cc and over

cent

cent

cent

0 - 4000

86.05

101.27

120.26

4001 and over

49.50

50.29

56.40

Scale B Official mileage in a calendar year

Engine capacity up to 1,200cc

Engine capacity 1,201 to 1,500cc

Engine capacity 1,501 and over

Annual allowance

Annual allowance

Annual allowance

1,105

1,186

1,227

cent

cent

cent

up to 4,000

50.55

60.79

74.23

4,001 and over

53.13

62.23

70.21

Domestic subsistence rates Effective 1st September 2004 Class of Allowances

Night Allowances

Day Allowances

Normal Rate

Reduced Rate

Detention Rate

10 hrs or more

5 hrs but less than10 hrs

A

136.10

125.47

68.03

38.57

15.73

B

122.29

104.59

61.17

38.57

15.73

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Appendix three - vocational groups Architects Frances Power, City Architects, Dublin City Council, Civic Offices, Wood Quay, Dublin 8.

IT Officers Tony Burke, Waterford County Council Dungarvan, Co Waterford.

Archivists Michael Lynch, Limerick Regional Archives, The Granary, Michael Street, Limerick.

Legal Assistants Vacant.

Arts Officers Catherine Kelly, County Library HQ, Dublin Road, Mullingar, Co Westmeath.

Internal Auditors Michael Bermingham, Kildare County Council, St. Mary's, Naas, Co Kildare.

Civil Defence Officers Edmond Cooney, Civil Defence HQ, Heywood Road, Clonmel, Co Tipperary.

Clerical Officers Ann Joyce, Galway Office, IMPACT, Unit 23, Sean Mulvoy Business Park, Sean Mulvoy Road, Co Galway.

Clerks of Works Tim Callan, Laois County Council County Hall, Portlaoise Co Laois.

Community and Enterprise Development Officers Rena Cody, Waterford County Council, Dungarvan, Co Waterford.

Directors of Regional Authorities Tom Kirby, Friar Court, Abbey Street, Nenagh, Co Tipperary.

Education Centres Grainne Haughney, Drumcondra Education Centre, Drumcondra, Dublin 9.

Education Welfare Officers Fidelma Collins, City Hall, Cork.

Environmental Workers Bernie O' Flaherty, Monaghan County Council, County Offices, Monaghan.

Estate Managers Gerry Farrell, 26 Ard Aoibhinn, Athenry Co Galway.

Directors of Finance Peter Scully, Laois County Council, County Hall, Portlaoise.

Fire Officers, Chief Dave Carroll, Fire Station, Nenagh, Co Tipperary.

Fire Officers, Local Authority Eoin O' Donnell, Mallow Fire Station, Mallow, Co Cork.

Fire Officers, National Michael Forrest, Fire Station, Tralee, Co Kerry.

Grades IV to VII Patricia McDermott, NAHB - Nursing Home Section, St Mary's Hospital , Phoenix Park, Dublin 8.

Heritage Officers Lorcan Scott, Carlow County Council, County Offices, Carlow.

Institutes of Technology Vincent Lennon, Tallaght RTC, Tallaght, Dublin 24.

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County and City Librarians Donal Tinney, County Library, Sligo.

Executive Librarians Tony Cox, Donore, Multifarnham, Co Westmeath.

Library Assistants/Senior Library Assistants Eva Ndaba, Terenure Library, Templeogue Road, Dublin 6w.

Branch Librarians Breda Bollard, Bohilla, Whitechurch Road, Dublin 14.

Museum Curators Liam Bradley, Monaghan County Museum, Monaghan Town, Co Monaghan.

Planners Alison Scott, Planning Dept, Dublin City Council, Civic Offices, Dublin 8.

Regional Tourism Esther O' Donovan, Cork/Kerry Tourism, Arus Failte, Grand Parade, Cork.

Revenue Collectors Macartan Mohan, Knockaconny, Monaghan.

School Secretaries Caroline Lyons, Portmarnock Community School, Co Dublin.

Social Workers Pat Richardson, Dublin City Council, Civic Offices, Dublin 8.

Solicitors Thomas J O'Donohoe, 7 Pollnarooma West, Knocknacarra, Galway.

Local Authority Storekeepers Sean McHugh, Sligo County Council, Riverside, Sligo.

Technicians John Menton, Westmeath County Council, Mullingar, Co Westmeath.

Town Clerks David Coleman, Tipperary UDC, Town Clerk's Office, Dan Breen House, Co Tipperary.

Veterinary Officers Michael King, 13 Kilcarbery Park, Nangor Road, Dublin 22.

VEC Staff Mary O’Leary, County Cork VEC, Adminstration Office, QC House, Cork Business and Technology Park, Model Farm Road, Cork.