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Defence Forces Conciliation
and Arbitration Scheme:
An Independent Review
We analyse the recent review of the Defence Forces Conciliation & Arbitration (C&A) scheme. By Lt Col Earnán Naughton, RACO General Secretary.
In January 2018, Junior Minister with Special Responsibility for Defence Mr Paul Kehoe T.D. requested Mr Gerard Barry to conduct an independent review of the Defence Forces Conciliation and Arbitration Scheme for members of the Permanent Defence Force. According to the Minister, “the current scheme has been in existence since the early 1990’s and since then it has provided the framework to progress many successful negotiated agreements between Defence management, PDFORRA and RACO. In the intervening period however there have been many changes in the industrial relations landscape and it is now appropriate that the Scheme is reviewed in order to ensure that it remains efficient and effective” (extract from Minister’s statement of 24th January 2018). The review was necessary due to the high level of dissatisfaction and frustration with the scheme experienced by both the representative and official sides, in particular with how business was conducted. Examples of this include a lack of independence (Chairperson of Conciliation Council is a Department of Defence official), inordinate delays in progressing matters through the different stages to finality, an absence of meaningful discussion at Conciliation Council, failure of the Conciliation Council and the Sub-Committees to develop effective interaction and delays in getting official responses so matters can be progressed at Council. There was also difficulty between the Department and Military Management in formulating an official side position.
The report recommended that an independent Chairperson to the scheme be appointed by the Minister for Defence following consultation with the parties. The Workplace Relations Commission should be approached with a view to identifying a candidate for the position. Other recommendations include:
• The scope of the scheme should be broadened to allow for all matters relating to terms or conditions of employment to be discussed, whether individual or collective.
• Appeals of the Adjudicator’s findings to the Arbitration Board should be allowed.
• Indicative timelines for processing claims/issues should be agreed between the parties, thus providing a framework of how matters would be progressed at Council.
• A quarterly ’status report’ should be circulated to the parties.
• All with a role in the C&A process should possess the necessary skills and experience.
• The Representative Associations should continue to take their seat at the Public Service pay negotiations to further their members’ interests. There is a need to devise ‘confidence building measures’ and specifically the modalities for their more effective participation in such processes. The official side should, with the consent of the Minister, engage in discussions with ICTU. Discussions could then continue on a more formal basis to include the Representative Associations.
RACO broadly welcomes the report and believes that the recommendations, in the main, provide for a progressive and
responsive Conciliation and Arbitration Scheme specific to the requirements of the Defence Forces. The Association is however disappointed that the issue of Defence Force Representative Status and our position at National Level Pay Talks was not adequately addressed in the report. “Representative” status, as opposed to “Trade Union” status, imposes a weakened and restricted industrial relations position by design. The National Executive agreed that the Association will continue to pursue national level negotiating status equivalent to trade unions as an Association Policy going forward.
Defence Forces C&A Scheme Background
An important event in the history of the Defence Forces was the establishment of the representative associations, RACO and PDFORRA which were set up under the 1990 Defence (Amendment) Act and Defence Forces Regulation (DFR) S6. It followed a period of discontent among members in relation to their pay and conditions. The Defence Forces Conciliation & Arbitration Scheme (1998) is based on an agreement created
|CONCILIATION & ARBITRATION |
RACO Gen Sec, Lt Col Earnán Naughton
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