News VOL.41 / NO.5 March 2019 - Teachers' Union of Ireland
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TEACHERS’ UNION OF IRELAND / AONTAS MúiNTeOirí éireANN
VO L.4 1 / NO.5
M a rc h 2 0 1 9
TUI NEWS
CONTENTS:
P3 A Word from the
President
P4 TUi PDA’s Teacher
recruitment and
retention Survey
P6 Substitute teachers and
tax credits
P7 Changes to Special
education Teaching
Allocation
P10 Health insurance
comparison service
P11 report on resolutions
of Congress 2018 and
actions taken
P30 New model of
inspection
P31 John Mc Carthy riP
P32 ASTi/TUi Dispute
Update
P34 Template letters
confirming CiD is a
permanent contract
P35 rMA News
eDiTOriAL PrODUCTiON
Annette Dolan Bernie ruane TUi News is published by the
Deputy General Secretary Assistant General Secretary Teachers’ Union of ireland.
adolan@tui.ie bruane@tui.ie
Aontas Múinteoirí éireann,
73 Orwell road, rathgar, Dublin 6.
Declan Glynn Joanne irwin
Seamus Lahart Assistant General Secretary Assistant General Secretary
President dglynn@tui.ie jirwin@tui.ie T: 01-492 2588 F: 01-492 2953
president@tui.ie e: tui@tui.ie W: www.tui.ie
Aidan Kenny David Duffy
Martin Marjarom Assistant General Secretary education & research Officer
Printed by:
Vice-President akenny@tui.ie dduffy@tui.ie
Typecraft Ltd.
vicepresident@tuimail.ie
Michael Gillespie Nadia Johnston
Assistant General Secretary Administrative Officer
John MacGabhann mgillespie@tui.ie njohnston@tui.ie
General Secretary
jmacgabhann@tui.ie Colm Kelly Conor Griffin
Assistant General Secretary Press & information Officer
ckelly@tui.ie cgriffin@tui.ie
2 March 2019 - TUi NeWS
A Word from the
President – Seamus Lahart
Senior Cycle review Review of our structures
The NCCA is undertaking a review of senior TUi membership has grown significantly in
cycle. The review is currently at the second recent years with notably increased numbers
stage where regional consultative workshops of new members coming to the C&C sector.
are on-going. The last significant change to However, the growth in numbers has not
senior cycle took place over twenty years been evenly spread across the 19 electoral
ago and the NCCA is using the consultative areas of the union, with some seeing an
forums to explore the learning experience of increase of membership of more than 150%
current students and generate and shape a and others considerably less. To preserve
curriculum for the future. To ensure the equlibrium in the democratic and
voice of the teacher is heard, TUi has representative process and the equalisation
published and sent to branches its of workload for the Area representatives,
fundamental and underlying principles which adjustments will be necessary. To explain the
must guide any reform of senior cycle changing demographics adequately and to get
programmes. This statement of principles is consensus on any changes that may be
TUi PreSiDeNT, SeAMUS LAHArT designed to assist our members as they necessary, it will be required that we visit all
participate in the on-going consultation. the areas and take your views, the views of
The main areas covered are; the membership, on board. Meanwhile, it is
Preparation for Congress 2019 1. Continued state certification of essential that all members engage in the
Congress 2019 is almost upon us, and while examinations recruitment of new entrants as they come to
the Standing Orders Committee has been 2. No imposition of additional workload our workplaces.
working hard to finalise and issue the 3. Teachers’ fundamental opposition to
preliminary agenda, we also appreciate the Further Education
correcting their own students’ work for
work being done in branches across the the purposes of state certification The expansion of pathways to apprenticeship
country in formulating motions, submitting and training has become a popular topic due
motions and amending motions where 4. Adequate resourcing as a pre-requisite to the shortage of skilled personnel in the
appropriate. Congress this year takes place in 5. A longitudinal survey of the effectiveness economy. TUi members have both the
Killarney, and we would urge each branch to of the new junior cycle programmes capability and capacity in the second level,
send the full cohort of delegates they are must be carried out and information further education and third level sectors to
entitled to. Congress is a wonderful place gained here must be available to the provide the necessary additional training and
not only to determine the policies of TUi for senior cycle review team to ensure both education needed to provide the skills
the following year but to meet like-minded the integrity of the exam and required by the apprentice model. TUi is
teachers and lecturers and build networks functionality of the changes. currently engaging in discussion with relevant
both on a personal and professional level stakeholders to seek to identify the
We urge all our members to participate
either on-line at www.ncca.ie or through blockages, particularly at second level, that
We look forward to meeting you there and
their branches. prevent the progression of students into
welcome your contributions.
apprenticeships and training.
Pay Restoration Technological Universities
Special Education Needs
TUi has continued its campaign for pay Significant progress has been achieved
restoration through every means available to regarding technological universities. The TUi has met recently with two advocacy
it, both locally and nationally. We have move to technological university status was groups for special needs education, Down
actively pursued the reinstatement of the most rapid in Dublin where the Union’s Syndrome ireland and AsiAm. We shared
H. Dip. (PMe) allowance through the Third Level branches engaged rigorously, and our continued support for the delivery of
mechanisms of the Teachers’ Conciliation the establishment in January 2019 of the special education in our schools and the
Council, and progress continues. As Technological University of Dublin (TUD ) commitment and necessity to plan for
President, i have worked with my colleagues was both a challenging and innovative differentiated learning. However, we did point
in the Principals’ and Deputy Principals’ process. The union at national level is making out the failure of successive Governments to
Association (PDA) to highlight the real and productive progress with fulfil their obligations as set out in the ePSeN
recruitment and retention crisis. A survey management bodies to establish, develop and Act and suggested that we have a common
carried out by the PDA garnered extensive maintain a way forward. Munster cause in seeking the supports necessary for
media interest and, at every opportunity, we Technological University (MTU) has lodged implementation of an appropriate model of
reiterated the stance that differential pay is its application, and the Technological SeN provision. We have committed to
causing a crisis in recruitment. The Minister University of the South east (TUSe) is positive interaction with the advocacy
himself responded to our comments. We will making progress. The excellent work of groups, to develop and share good practice
continue to portray the harsh realities faced Branch Officers and Area representatives on in this area.
by schools and centres every day. behalf of members has put in place significant
agreements, protecting the terms and
TUi, ASTi and iNTO met with the Oversight conditions of our members. The union will
body where we raised the outstanding seek clarity on the plans for the remaining
discriminatory pay issues. We continue to institutes of Technology as a matter of
seek further engagement with our fellow urgency. We will continue to monitor
teaching unions and remain resolute that the progress and ensure members are heard and
campaign for pay equality requires a unified listened to.
single voice.
www.tui.ie - TUi NeWS 3
TUI NEWS 4 March 2019 - TUi NeWS
TUI NEWS
www.tui.ie - TUi NeWS 5
TUI NEWS •
Voluntary TUI will analyse Substitute
redeployment Labour Court teachers and tax
scheme 2019 recommendation credits
in context of
campaign to
The pilot voluntary redeployment scheme representatives of TUi have met with
for September 2019 will operate in Department of education and Skills officials
end pay
counties Galway, roscommon, Carlow, in relation to substitute teachers who have
Kilkenny, Wexford and Waterford. experienced tax credit issues in recent
discrimination
weeks.
The scheme allows permanent/CiD
teachers who are employed in schools in The Department has said that it is devoting
counties Galway, roscommon, Carlow, all available technical resources to resolve
Kilkenny, Wexford and Waterford to The TUi is analysing February’s Labour the problem as a matter of urgency for
express an interest in being redeployed to Court recommendation to the HSe and those who were impacted. The Department
another post primary school anywhere in health unions in the context of the Union’s has worked with revenue to develop and
the country. ongoing campaign to end pay discrimination implement a solution for those affected.
and the severe difficulties schools are refunds have been paid to some of the
interested teachers should complete Form experiencing in employing teachers. teachers affected and other teachers who
Pilot VOL rD1 19-20 (available on the
in a number of media interviews, TUi have been affected will receive refunds later
Department’s website) and have it certified
representatives made clear the continuing this month.
by school management.
effects of the recruitment and retention TUi has made clear that in many cases,
Completed forms should be returned to crisis in irish schools. those substitute teachers affected were
Post Primary Allocations Section,
Pay inequality has led to a crisis of teacher already struggling to make ends meet on
Department of education and Skills,
recruitment and retention in second level low income. The Union declared that it is
Athlone, Co. Westmeath, N37 X659 by
completely unacceptable that they should
8 March 2019. schools. The number applying for places on
the Professional Master of education (PMe) suffer as a result of an avoidable
information about the redeployment through the Postgraduate Applications administrative error and that it cannot be
schemes, including Frequently Asked Centre (PAC) collapsed by over 50% allowed to happen again.
Questions, is available on the Department’s between 2011 and 2018. Second level substitute teachers with
website:https://www.education.ie/en/
A TUi survey of principals and deputy queries on their salary payments can
Schools-Colleges/Services/Teacher-
principals in December 2018 found that forward them to
Allocations/Teacher-Allocations-Post-
99% of schools had experienced problems PPPayroll@education.gov.ie.
Primary.htm
recruiting teachers over the previous
twelve months, while 58% had experienced
problems retaining teachers. 75% said there
had been a situation where there had been
no applications for an advertised teaching
post in the previous twelve months.
TUI in the media
TUI representatives have engaged in significant media activity in recent weeks.
A sample of some of the issues addressed are set out below.
TUI/PDA recruitment and no such thing as “partial equality”. “With commencing employment at an average age
retention survey findings changing demographics requiring an of 26, only to be paid at a different rate for
additional 2,000 second level teachers in the doing the same job as an existing colleague,”
Speaking on RTE’s Drivetime programme
system in the next six years, these problems he said.
on 23rd January, TUi President Seamus
will greatly worsen unless the right actions
Lahart described the survey findings as “a The Irish Examiner highlighted that
are taken.”
snapshot of the difficulties that all second almost 100% of principals and deputy
level schools are experiencing’”. He said that Also quoted by the Irish Times, Stephen principals surveyed said their school has had
the same problems were being encountered Goulding, president of the Union’s problems recruiting teachers, while more
nationwide and that it was clear that pay Principals and Deputy Principals Association than half said they have had difficulties
discrimination was discouraging university (PDA), said his association was unimpressed retaining teachers in the past year.
graduates from entering the profession. by the “sticking plaster” measures put
The survey findings were also extensively
forward as solutions. “A teacher trains for six
Quoted by the Irish Times on the same day, covered on regional news bulletins.
years, incurring significant debt and
the TUI President said that there can be
6 March 2019 - TUi NeWS
TUI NEWS
Changes to Special Teacher Fee Refund
Education Teaching Scheme
Allocation The Department of education and Skills has issued Circular
Letter 17/2019 titled ‘Teacher Fee refund Scheme 2018’.
Across Primary and Post Primary 1,000 additional special The purpose of the Teacher Fee Refund Scheme is to provide
education teachers (SeTs) have been provided for schools since funding towards the cost of course participation and examination
2017. The total number of SeTs has increased by 37% since 2011, fees on successful completion of professional development
from 9,740 in 2011, to over 13,300 at present. courses. The funding is available for courses that are directly
The main changes notified by the Department of education and relevant and of benefit to schools and that are subject to
Skills with effect from September 2019 are: certification/award by an appropriate accreditation authority
recognised by the Department of education and Skills (DeS).
• There will be no reduction to the overall number of special
education teaching posts within the school system. Currently serving post-primary teachers who are registered with
• re-profiling in schools will take place. Therefore, some schools the Teaching Council, paid by the State and employed in a
will gain additional allocations, where the profile indicator data Department of education and Skills recognised post primary
indicates these schools have additional needs. Some schools school are eligible to apply for funding under the scheme. This
will receive slightly reduced allocations, where the data includes permanent whole- time teachers, temporary whole-time
indicates less need. Most schools (70%) will retain their teachers, part-time teachers, substitute teachers, teachers holding
existing allocations, with no change. contracts of indefinite duration and teachers holding fixed-term
contracts who are employed for the full school year and who
• The allocations are being done in line with the principles of
provide teaching service during each school week.
equity and fairness which underpin the new model which is
designed to be responsive to identified needs. Fully registered teachers on secondment within the education
• Where adjustments occur, they will take place on a graduated sector are eligible to apply under the scheme.
basis. Schools with a reduced allocation will receive their full Applications will only be accepted for courses/part
profiled allocation plus 80% of their retained element. The of courses completed in the period 1 September
retained element is the portion of the allocation which is over 2017 to 31 August 2018.
and above what the profile indicates should be allocated for
The closing date for receipt of applications is 29th
the school.
March 2019.
• To minimise disruption to schools’ allocations, small gains and
losses will not be applied. The TUI considers the Refund Scheme to be wholly
inadequate and, jointly with our sister unions, is
Further information can be found in Circular Letter 08/2019 which
currently seeking improvements to the Scheme at
issued in February 2019.
the Teachers’ Conciliation Council.
Discussion Group exploring the transition of Students
from Senior Cycle to Apprenticeships and Training
KeiTH KAVANAGH eSB, ALAN MCGrATH SOLAS,VALerie LeWiS eTBi, Liz FArreLL TUi, PAUL CreMMiNS SUir
eNGiNeeriNG AND CiF, SeAMUS LAHArT TUi, ANNe GASKiN rOe eSB, AiDAN KeNNy TUi, PADDy KAVANAGH
CONNeCT TrADe UNiON, rUAiDHri NeAVyN HeA
www.tui.ie - TUi NeWS 7
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Visit our Stand during
Congress 2019 to enter
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EXPLORE YOUR FINANCIAL FUTURE WITH US
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EŽϴ͕dŚĞ džĐŚĂŶŐĞ͕ĂůŵŽƵŶƚWĂƌŬ͕ĂůůLJŵŽƵŶƚ͕ƵďůŝŶϭϮ͕ϭϮtϯϱϰ͘dĞů͗ϬϭϰϮϲϲϬϲϬtĞďƐŝƚĞǁǁǁ͘ƚƵŝĐƵ͘ŝĞ
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TUI NEWS
Health insurance Interested in
comparison service volunteering
for TUI members abroad?
The TUi is very pleased to announce that Cornmarket is offering ever felt like you wanted to go the extra mile and didn’t know
a Health insurance Comparison Service again this year to all our where to start? interested in volunteering abroad for 2-3
members. This service provided by Cornmarket Group Financial months or longer? ViDeS might be the answer for you.
Services Ltd will save you time searching through hundreds of ViDeS ireland is part of an international Volunteering
plans and will help you find the most suitable health insurance Organisation of the Salesian Sisters which promotes voluntary
cover at a competitive price. service abroad, working with young people and women on
in 2018, TUi members saved an average of €351* when they Salesian Missons in Africa and other areas worldwide.
reviewed their health insurance with Cornmarket. With new ViDeS recognises the importance of encouraging young people
plans introduced into the market each year, it is important to in seeing the potential of each individual.
shop around to ensure that you are getting the best cover
Volunteers’ work will involve responding to what is needed at
available to match your needs and budget. in one phone call to
local level - assisting with classes, aiding literacy, youth
this service, a health insurance expert from Cornmarket will be
engagement, managing clubs, refurbishment and building etc.
able to advise you on the best plans to suit you and your family.
To promote responsible volunteering abroad,ViDeS provides
For 2019, a number of arrangements and discounts have been
training prior to departure. This involves an individual meeting, at
negotiated with the insurers. Some of these discounts will only be
least two volunteer meetings and a training day.
available by setting up your policy directly with Cornmarket. if
you would like to avail of this Health insurance Comparison Volunteers are required to cover only the cost of their travel
Service call Cornmarket on (01) 408 6213 or go to and personal expenses.ViDeS provides accommodation.
https://www.cornmarket.ie/health-insurance/ enquiries to videsireland@gmail.com
* Average saving based on 147 TUI members who reviewed their cover with
Cornmarket between 1st January and 31st October 2018. Source:
Cornmarket, October 2018. Cornmarket Group Financial Services Ltd. is
regulated by the Central Bank of Ireland. A member of the Irish Life Group Ltd.
which is part of the Great-West Lifeco Group of companies.Telephone calls
may be recorded for quality control and training purposes.
Ireland Skills Live –
first national expo of
apprenticeship,
graduate skills and
trades
This March 21-23, ireland Skills Live www.irelandskillslive.ie (the first apprenticeship skills including Construction, Creative Arts, Beauty,
national expo of apprenticeships, graduate skills and trades) will be Hospitality, Transportation Aviation and information Technology.
on show to the public, linking together the worlds of higher
The event will run from Thursday 21st until Saturday 23rd March
education, further education and irish industry.
2019 in Dublin’s rDS Simmonscourt. Opening hours are from 10am
irelandskills Live will showcase the pathways and opportunities to 5pm, with two sessions each day – a morning session from 10am
available to students and young people interested in trades or skills to 12 noon and an afternoon session from 1pm – 3pm. each session
and graduate qualifications.Visitors to the event will be able to can host 5,000 visitors. Please register early to avoid disappointment.
experience, first-hand, skills and trades in the ‘Try a Skill’ area. This entrance to the event is free but schools should register their
will give students the opportunity to get involved and learn about attendance in advance. Please use the below link to register your
these skills. The event will showcase a large number of graduate and students today https://irelandskillslive.registrationdesk.ie/
10 March 2019 - TUi NeWSTUI NEWS
REPORT ON RESOLUTIONS OF
CONGRESS 2018 AND ACTIONS TAKEN
MOTION UNDER RULE 22 progress in resolving the issue of pay FINAL AGENDA 2018
Motion for Union Conferences equality for our members recruited A. CONDITIONS OF SERVICE -
Congress notes the report presented to the since 2011, a nationwide lunchtime SECOND LEVEL
Oireachtas on 16th March, in accordance protest by TUI members was held on 18 Co. Offaly/Co. Meath/
with Section 11 of the Public Service Pay and Thursday 24th May outside schools, Co. Monaghan/Dublin City
Pensions Act 2017. FET centres and Institutes in which Congress instructs the executive to
the TUI represents members. negotiate a national voluntary transfer
Congress further notes that the report scheme and panel for teachers. This will
• restates the terms of the PSSA On September 24th, 2018, following allow a teacher who wishes to move
• contains a global costing for the removal engagement with the public service from one part of the country to
of the two additional points that were unions, the Department of Public another part of the country, or from
added to new entrant salary scales Expenditure and Reform, on behalf of one sector to another sector, to do so
• shows that this costing amounts to less the Government, published the without a break in service, without any
than 2% of the public service pay bill for outcome of the discussions regarding change to their permanent or CiD
2018 salary scale issues that had taken contract and that these transfers
• neither constitutes a commitment by place (under Section 4 of the Public should take place before any
government to pay equality nor addresses Service Stability Agreement 2018- compulsory transfers.
the additional, disproportionate layers of 2020).The outcome contained a In October, under the auspices
pay cuts that were applied to new entrant proposed measure in relation to of the TCC, a meeting was held
teachers salary scales for new entrants to the with the DES in relation to
• provides no guidance towards a fair and public service (i.e. those who outstanding recommendations of
sustainable resolution of the injustice of commenced service on or after 1st the Ward report, including the
pay inequality January 2011). recommendation “that the
• anticipates “further engagement over the voluntary redeployment scheme
coming months” The measure provided that from 1st which was initiated on a pilot
March 2019, two scale points (4 and basis in Connaught be extended’.
Accordingly, Congress demands that the 8) would be removed from the various
proposed engagement must post- 1st January 2011 ‘new entrant’ The DES advised that the
• commence in April 2018 and conclude by scales, meaning that new and recent voluntary redeployment scheme
early May 2018 and entrants would progress up the scale was established as an assistance
• have the capacity to achieve a resolution more quickly. In a national ballot of to the compulsory redeployment
of all aspects of pay inequality members that concluded on 25th scheme. The DES also advised
Congress agrees that any proposals that may October, the proposal was accepted in that the voluntary redeployment
emerge in respect of a resolution of the the context of the Union’s ongoing scheme for 2019 would be
issues relating to pay inequality will be put to campaign for pay equality. available to counties in the south
members in a ballot at the earliest east (Wexford, Waterford,
practicable time. In advising the public, the Teachers’ Carlow, Kilkenny) that had not
Congress requires that, in the event of Conciliation Council and colleague previously been offered an
continuing failure by government fully to unions of the ballot outcome, the TUI opportunity to participate in the
engage to resolve the issues or in the event made clear its determination to scheme. This means that every
of failure to resolve the issues in the achieve full pay equality and re- county except Dublin and the
engagement, a campaign of industrial action, iterated that, in respect of teachers, commuter counties now have
up to and including strike action, as mandated that required re-instatement of the had access to the voluntary
by members will be pursued, where possible H.Dip. (PME) allowance and scheme at least once.
in conjunction with the other teacher unions. incremental recognition for the
period of unpaid, pre-service The DES re-stated its view that a
TUI representatives and training. national voluntary redeployment
representatives of the other public scheme would be logistically very
sector unions met with officials from The TUI has therefore pursued these difficult to implement.
government departments, led by the outstanding matters at the TCC where
Department of Public Expenditure a response to the claim for re- 20 Co. Monaghan/Co. Louth/
and Reform (DPER), on 27th April instatement of the allowance is Executive Committee
2018. At that meeting, TUI made it awaited. Congress notes the inequality and
clear that full pay equality involves practice that has developed in many
addressing the two issues relating to The Union has also sought at every schools and eTBs of membership
the effective length of scale and, for opportunity to ensure that the subscriptions to some professional
teachers, also involves reinstatement teacher unions act in concert to the associations, such as the NAPD, being
of the HDip/PME allowance (the greatest extent possible. paid from school/eTB funds (public
qualification required for registration funds), while membership subscriptions
as a post-primary teacher). to other professional associations are
As an expression of frustration and not paid from school/eTB funds. it
serious concern at the slow pace of appears that whoever holds the purse
www.tui.ie - TUi NeWS 11TUI NEWS
determines how it is spent. Congress
instructs the executive to engage with
the Department of education and Skills
to secure a fair and consistent
approach to the payment, or non-
payment, of such subscriptions to
eliminate this inequality.
Following discussion at the Joint
Second Level Sub-Committee, it
was concluded that it is not
possible to instruct other bodies
on how to spend their money.
However at local level, every
effort is to be made to highlight
the importance of ETBs and
Boards of Management
providing appropriate support
for engagement by staff in ANNUAL CONGreSS 2018
relevant professional
organisations.
participation in the work of agencies areas of planning and development
1 Executive Committee such as the State examination work by teachers. These teachers have
Congress instructs the executive Commission, the SeSS, the PDST and not been afforded the professional
Committee to demand of the the JCT during the school year. This autonomy to decide how best to use
Department of education and Skills policy denies teachers valuable their 10 hours designated under the
that any wilful departure from or experience, professional development Circular for work that is performed
breach of the provisions of Circular and career progression. Congress outside of whole school meetings. This
Letters 59/2016 or 49/2017 by an instructs the executive to engage with must not be accepted by TUi and
employer be treated as inappropriate eTBi to resolve this matter in order to should be resisted in the strongest
use and misapplication of public funds ensure fair and equal treatment of TUi manner.
and be reported to the Public members in line with teachers in other Any issues that have arisen
Accounts Committee of the sectors. This is necessary in order to locally in regard to appropriate
Oireachtas. prevent the possible future outcome of use or scheduling of the 33 hours
hiring external agencies and non- have been addressed locally in
In schools and ETBs where qualified teachers which could have a the first instance. Where
breaches occurred/were potential downgrading in standards of necessary the nationally agreed
reported, the matter was dealt certified examinations. Grievance Procedures have been
with locally by the Union (with used.
assistance from Head Office, if The TUI has addressed this
needed). The Executive matter with the SEC and the If local resolution is not
Committee has, through Area Department in the context of achieved, the Union brings any
Representatives, sought to the teacher supply crisis and the notified infractions of the May
ensure that schools/centres and resultant unavailability of 2016 Agreement in relation to
branches remain vigilant in order substitute teachers. Specifically the 33 hours to the attention of
to ensure compliance by in relation to the oral the DES.
employers with the terms of the examinations in Gaeilge and
Circular. modern languages, the SEC has The issue is also covered in TUI
stated that, in line with existing training for Workplace
At the TCC the union has raised practice, schools that refuse to Committee and Branch Officers,
any generic issues of concern – release examiners will, if a where the importance of
such as misinterpretation of the shortage of examiners occurs, agreeing local calendars and
CL. In this context, the TUI have the orals conducted outside appropriate use of the hours is
brought the attention of the the national time frame for oral emphasised.
Official side to a examinations. TUI Branches are
misinterpretation by the requested to seek arrangements 32 Co. Monaghan
Department of the provision in for release with their local Congress calls on the executive to
the Circular for initial ETB/Boards of Management. seek to have Section 44(3) of the 2013
appointment on a permanent education and Training Board Act which
basis. A meeting on this matter is 5 Dublin C&C states “the Chief executive or a
to take place early in second Congress instructs the executive to member of staff of an education and
term. make known to the relevant Training Board, other than a member
Management Bodies and the DeS its of staff appointed as a member of the
30 Tipperary SR (Amended by absolute rejection of the decision by Board under Section 30(1)(b), shall not
Co. Clare) some principals not to designate the be a member of a committee of that
Congress deplores the actions of some use of the 33 hours in accordance with board”, deleted or amended in order
eTBs in seeking to impose a restrictive CL 45/2016. in some instances, to allow eTB staff to partake on
and punitive policy to limit and, in principals have refused to recognise the committees of their eTB. As this part
some cases, deny teachers’ legitimate work carried out in the of the 2013 eTB act currently stands,
12 March 2019 - TUi NeWSTUI NEWS
no staff members of an eTB may serve 25 Co. Carlow review. Furthermore, the workload of
on any of its boards with the exception Congress demands the executive to lecturing staff in ioTs must be reduced
of the two elected staff inform the DeS of the necessity to and that any further failures to honour
representatives. supply onsite technical support to run agreements with TUi be answered with
and maintain iT. The absence of such appropriate action, including industrial
The Union has not been able to provision is adding to teacher action.
secure agreement to have the workload and stress.
legislation amended. As a result of the acceptance by
The TUI has sought additional TUI members of the
13 Dublin & Dún Laoghaire resourcing for schools. While, of TUI/Department of Education
Six years following cuts in allocation of necessity, prioritising pay and Skills Agreement, May 2016,
Guidance and Counselling services, our equality, the restoration of posts a review of matters relevant to
schools are still awaiting restoration of of responsibility and other lecturing in Institutes of
this vital service. At a time when we related matters, the TUI has Technology was agreed. The
have unprecedented numbers of strongly argued that review was to involve the TUI,
students experiencing mental health infrastructural deficits impede the Department of Education
and well-being challenges, demands optimal service to students and and Skills, the HEA, and institute
with regard to the new educational and that significantly increased management representatives. As
vocational initiatives, challenges in investment in the Irish public a priority, it was to have regard
provision of lifelong Guidance, Circular education system is urgently to usage of the full ‘flex’ hours
0010/2017 fails to provide the clarity needed. for duties other than teaching in
required for full restoration of the accordance with institute needs.
Guidance and Counselling service. 47 Dublin & Dún Laoghaire
Now six year later, an enhanced Congress instructs the executive to An interim measure was
service is the only necessary way of negotiate with the DeS that teachers introduced from January 2017 to
addressing the needs of 21st Century may take one day a week of parental re-designate half of the
educational settings here in ireland. leave like other public-sector workers. additional flex hours (i.e. one
Congress instructs the executive to hour) required of each lecturer
call for the full restoration of guidance At the relevant industrial to wider duties other than
provision. relations fora, the TUI and our teaching, in consultation with
colleague unions are seeking the lecturers and in accordance
Of the 600 guidance counselling improved and family-friendly with Institute priorities and
posts in second level schools that parental leave arrangements. needs.
were cut in Budget 2012, 500
have been restored to date. 8 Co. Monaghan (Amended by As the review was not completed
Budget 2019 did not contain Executive Committee) by the specified date, TUI
measures fully to restore Congress calls on the executive to balloted members in March 2018
guidance, despite TUI’s negotiate to have the Croke Park on a campaign of industrial
insistence that this be done. hours abolished or payment for them action in relation to re-
secured with effect from the beginning designation of the second ‘flex’
The damaging effects of the cuts of the 2019/20 school year. hour. Members voted
in Guidance Counselling overwhelmingly (96% to 4%) to
allocation have been These hours continue under the engage in this campaign, the
prominently referred to in the terms of the PSSA which, at initial action of which would
TUI’s public statements and present, is due to run until the include delivery, at maximum, of
press releases – for example, in end of December 2020. The the weekly norm of class contact
our pre-Budget submission, the removal of these hours (which hours for the relevant grade (16
Union demanded a reversal of are reflected for other public hours for Lecturer, 18 hours for
the cutback. servants - including for some of Assistant Lecturer) from the
the grades represented by the beginning of the 2018/19
41 Co. Meath/Co. Monaghan TUI - by two hours of additional academic year. However,
Congress instructs the executive to weekly work) is a matter that following negotiation, the TUI
renegotiate a yearly circular to include can be addressed only on a secured an agreement that
a yearly opt-in and opt-out option for public service-wide basis in obviated the need to engage in
teachers and to remove the 15-year conjunction with the other this industrial action and that
length of service clause in order to opt public service unions. secured re-designation of the
out as this is discriminatory to newly second ‘flex’ hour for the
qualified teachers. This motion also 2018/19 academic year.
instructs the executive to negotiate the B. CONDITIONS OF SERVICE -
position that once you have 15 years THIRD LEVEL At the Institutes of Technology
S&S completed either as an unbroken Industrial Relations Forum the
period or broken period that you will 52 IT Tallaght/Athlone IT/Dublin TUI has consistently sought
receive a pension on the S&S. Colleges/Dundalk IT/Executive progress on the other element of
Committee the review and late in the year
At the TCC, the unions have Congress deplores the delays in the secured a commitment by the
sought an annual opt-in/opt-out review of Lecturer Workload agreed in Department and THEA that the
provision. At year’s end, the May 2016. Congress instructs the review will commence shortly.
Official side was considering its executive to ballot Third Level
response. members only, on the outcome of the
www.tui.ie - TUi NeWS 13TUI NEWS
58 Cork Colleges/Dublin the reference period for a
Colleges/IT Tallaght/IT Tralee The TUI’s campaign secured contract of indefinite duration
in the absence of a firm and credible amendments to the TU Bill from 4 year to 2 years and also
undertaking by the official side by 13th which ensured that the statute provides a process for the
April 2018 that the second flex hour (the Technological Universities addition of new hours to the CID
will be re-designated or removed with Act 2018) as enacted gives of lecturers with less than full
effect from 1st September 2018, enhanced protection to the hours. The union, at local and
Congress instructs the executive to regional mission and regional national levels, is monitoring
immediately ballot for a boycott of all provision of education of TUs. implementation of this
Technological University activities to The DES confirmed, by letter to agreement. Where issues are
secure the re-designation of the the TUI, that ‘The Department identified they are dealt with in
second flex hour. fully agrees that technological the first instance at local level.
universities also have a broader If a resolution is not found, they
See Motion 52 responsibility to their regions. are reported to the IoT
The second flex hour has been We also recognise that higher Industrial Relations Forum.
re-designated. education providers, particularly
those outside the capital, play a 62 IT Sligo/Galway-Mayo IT
Following discussions between vitally important role in their Congress instructs the executive to
the Department of Education surrounding economies and have conduct an audit of the recruitment of
and Skills, THEA and the TUI, a key function to support and Senior Lecturing Posts, including SLi,
agreement was reached in drive regional, social and SLii and SLiii positions to ascertain if
relation to the re-designation of community development. They the ratio of academic posts has been
the second ‘flex’ hour. The provide the skills and talent maintained and to take appropriate
document entitled ‘Agreement required by a diverse range of action at national level to pressure ioT
between the Department of employers in their regions and management into maintaining academic
Education & Skills and TUI to act as a hub for innovation and positions at a senior level.
conclude the re-designation of entrepreneurship. In that Congress then instructs the executive
the flex hours’ was approved by context, we see the development to commence a campaign to ensure
the TUI Executive Committee on of Technological Universities has that these posts are filled.
Friday 29th June 2018. At the the potential to be a catalyst for
commencement of the creating new dynamic and Branches were requested to
2018/2019 academic year, vibrant regional development submit information regarding
members in the Institutes of opportunities and for this issue. Where possible,
Technology reverted to the flex institutions to underpin a individual instances of concern
hours system which existed prior coordinated investment and were addressed and resolved
to the Croke Park Agreement in development strategy to locally (with use made of the
2011. strengthen Irelands ‘next tier’ grievance procedure if
cities and their associated appropriate).
Specific arrangements were put regions’.
in place for the 2018/2019 The union also raised the matter
academic year - all staff were In addition, the TUI has of appointment to senior
liable to flex up by one hour - to highlighted the importance of academic posts at both the
19 for Assistant Lecturers and 17 the regional mission at the Institutes of Technology
for Lecturers - in the first National Negotiation Forum (in Industrial Relations Forum and
semester/term and flex down in respect of TUs) and the IoT IR the National Negotiation Forum.
the second semester/term to 17 forum (in respect of Institutes) The union continues to seek the
and 15 hours, respectively, and at meetings with the implementation of a fair and
(unless otherwise agreed locally). Minister for Education and transparent recruitment and
This requirement was in Skills. selection procedure for the
acknowledgement of the need sector (in line with standards
for the Sector to operate within 68 Executive Committee used by the Public Appointments
existing funding allocations for Congress instructs the executive Service) and secure an equitable
2018. The Agreement completed Committee to demand of the spread and range of academic
the re-designation of the two Department of education and Skills promotional opportunities.
‘flex’ hours from teaching to that any wilful departure from or
other duties, in line with breach of the provisions of Circular 74 Dublin Colleges
contract. Letter 41/2016 by an employer be Congress instructs the executive to
treated as inappropriate use and seek the abolition of the Assistant
59 Galway-Mayo IT/Donegal misapplication of public funds and be Lecturer grade and the introduction of
Colleges reported to the Public Accounts a single grade for Lecturers.
in the current context and in the Committee of the Oireachtas.
context of the creation of This matter was raised at the IoT
Technological Universities, Congress The union has campaigned Industrial Relations Forum and
instructs the executive to demand that against casualisation of the the National Negotiation Forum.
the Minister for education and Skills academic work force. A major The union will also pursue the
protect the regional provision and achievement in the campaign at matter in the context of the
location of existing campuses and the third level was the Cush report. review of matters relevant to
diversity of programmes on these Implementation of the report’s lecturing.
campuses. recommendations has reduced
14 March 2019 - TUi NeWSTUI NEWS
65 IT Tralee/Executive
Committee
Congress instructs the executive to
negotiate for adequate and fair
allocation of resources to meet the
demands of current Third Level
education provision.
Congress further demands that, in
order to generate a sufficient level of
public funds for this purpose, the
government apply a 1% Higher
education Levy to the profits of
corporations.
The union has campaigned for
increased funding for publicly
funded higher education. We
have worked with the ICTU to
have an increase in the employer ANNUAL CONGreSS 2018
contribution to the National
Training Fund with a specific
percentage to go towards higher 96 Cork Colleges the Institutes of Technology
education. The Union also Congress recalls Motion 38 from Industrial Relations Forum. The
campaigns with other trade Congress 2016 which reads as follows. union is gathering data from
unions and students in the ‘Congress instructs the executive to branches to support an agreed
Campaign for Publicly Funded negotiate similar contract provisions guideline and to inform the
Higher Education. and pensions for researchers as those national claim.
of academic staff.’
Recognising that a significant Congress notes with disappointment 75 Dublin Colleges
increase in public investment in that no significant progress has been Congress instructs the executive to
Higher Education is required, the made since the adoption of Motion 38 lodge a claim immediately on behalf of
TUI consistently advocated the of 2016. if by 31st August 2018 there is lecturers so that any lecturer on
application of a levy on no nationally agreed contract for reaching 25 years total service is
corporation profits to generate a members who are contract designated a Senior Lecturer and is
dedicated and substantial Higher researchers, and, in particular, if there is transferred onto the appropriate point
Education Fund. The Union’s no provision for pensions for such on the Senior Lecturer scale.
position was advanced at the members, Congress instructs the
various relevant fora, in and executive to ballot for industrial action While brought to the IoT IR
through the media, at the ICTU up to and including strike action to Forum and the National
Education sector committee and vindicate the rights of such members. Negotiation Forum, this matter
directly with the Minister for will also be raised in the context
Education and Skills when he The union is actively seeking to of the Review of Lecturing.
met with the Union’s recruit researchers with a view
representatives. to building solidarity and 94 Cork Colleges
capacity, the better to take Congress recalls that following
55 IT Blanchardstown/Cork action on matters where this is Congress motion 31 passed in 2015,
Colleges required. and following a national ballot, Third
in the light of increasing demands and Level members were directed on 2nd
workloads on Course Coordinators, During the year the official side March 2016
year Tutors and Programme Chairs, offered access to the Single ‘…not to deliver class periods outside
Placement-related Coordinator, etc., Pension Scheme for the of teaching periods of established
Congress instructs the executive researcher grade. The union is academic calendars as identified by
Committee to negotiate an appropriate looking for a full actuarial TUi.’
national timetable allowance for such account of the financial
roles. implications for members. However, following a so-called
‘clarification’ issued by Head Office on
As there is varying current 84 Donegal Colleges 27th April 2016, the scope of the
practice across the institutions in Congress instructs the executive to directive was restricted to ‘the recess
the sector in regard to these negotiate a national framework for the period, which runs from 21st June to
matters, the union is gathering calculation of appropriate timetable 31st August, inclusive.’
data with a view to developing allocation to reflect contemporary Congress hereby countermands this
an agreed approach for a claim. lecturing practices in online, blended clarification, and instructs the executive
The matter was also raised, both and off-site delivery. in the event of no to reissue the original Directive of 2nd
locally and nationally, in agreement by July 2018, the executive March 2016.
discussion related to the will develop guidelines and supports
development of Technological for Lecturers in advance of the This matter is being considered
Universities. September 2018 semester. and has been discussed at both
the Colleges Advisory Council
The TUI has raised this matter at and the Colleges Sub-Committee.
www.tui.ie - TUi NeWS 15TUI NEWS
Particularly at issue is the Forum and the NNF and will be 2017, which provided for
balance of benefit, as between considered in the review of protection of existing terms and
re-issue of the original directive matters relevant to lecturing. conditions of employment and
on the one hand or reliance on superannuation schemes. The
the agreement reached between 56 Executive Committee Technological Universities Act
the union, DIT and IoTI in 2016 Congress instructs the executive that 2018 reflected these
on the other. That agreement is the provision of apprentice education commitments. The memoranda
more beneficial to members than must remain central to the ioT sector of understanding that have been
the default position as detailed and must not be undermined by the developed in relation to
in MemoV7. Technological Universities proposals. movement towards TU
Congress further instructs the designation also reference these
53 Executive Committee executive to engage with relevant commitments.
Noting the increasing level of stakeholders including SOLAS,
bureaucratic and administrative work individual ioTs/TUs, the HeA and The union has two fora in which
and its sharply adverse effect of THeA to protect and enhance to pursue matters of concern,
deflecting teachers and lecturers from apprentice education in the sector. the Institutes of Technology
their core teaching function, Congress Industrial Relations Forum and
instructs the executive Committee to In the national agreement on the National Negotiation Forum.
insist that every initiative and/or pilot, technological universities, the
whatever its source, should first be union secured a commitment 61 IT Tallaght
presented in draft format at the that apprenticeships will be Congress instructs the executive to
appropriate industrial relations forum protected and will form a core seek immediate clarification on the
and proofed in relation to its impact on part of the offering of both funding model for new Technological
workload and to oppose the Institutes and Technological Universities.
imposition of additional workload. Universities. The union has also
engaged with relevant national This matter is the subject of on-
This matter will be considered in and European stakeholders to going discussion with the
the review of matters relevant to promote apprenticeship as a Department of Education and
lecturing, to commence this year. quality, first-choice career Skills, THEA and the Higher
It will also be raised as necessary pathway and has welcomed and Education Authority. The union
at the Institutes of Technology supported the European Alliance has raised concerns regarding
Industrial Relations Forum and for Apprenticeships (EAfA). The under-funding of the sector
the National Negotiation Forum. union, through the generally (inclusive of IoTs and
Apprenticeship Working Party, TUs) at the IoT IR Forum and the
54 Executive Committee continues to work in NNF.
Congress reiterates that it is TUi policy collaboration with other trade
to negotiate the removal of all unions involved with C. CONDITIONS OF SERVICE -
additional workload for lecturing staff apprenticeship education and GENERAL
arising from the austerity budgets and training.
austerity national agreements. in 102 Dublin Colleges/Co. Monaghan
addition, Congress notes that 57 Athlone IT Congress instructs the
additional workload arises from Congress instructs the executive to Executive to seek the
initiatives at local level including negotiate the removal of all “flex restoration of sick pay to 2013
decisions of academic forums such as hours” duties in the next round of levels.
Programme Boards and Academic collective bargaining agreements.
Council, e.g. with regard to delivery This is an issue of interest to
models, the number of hours per week This is a matter that falls to be unions across the public service.
assigned to courses, new administrative dealt with jointly by the public A review of sick leave was
work etc. Congress instructs the service unions as additional ongoing in 2018 between the
executive that it is TUi policy that no working hours were imposed on Department of Public
decision creating additional workload the members of all unions. It will Expenditure and Reform and the
for TUi members may be implemented therefore be on the agenda when Public Services Committee of the
without negotiation with the union and the next national negotiations ICTU. A particular focus of the
identification of the duties which will commence. review was Temporary
cease in order to make time for the Rehabilitation Pay and the
new ones. Congress instructs the 60 Dublin Colleges Labour Court ruled in this regard
executive to communicate this policy As a consequence of the plan to – see LCR 21812.
to all ioT managements and to support introduce Technological Universities
branches in protecting members from into the Third Level sector of the 101 Donegal C&C
new workload impositions. educational system, Congress instructs Congress instructs the executive to
the executive to work towards demand that the DeS does not count
This matter was discussed at the ensuring that there will be no holiday leave as part of sick leave
Colleges Advisory Council and diminution of the conditions of entitlement.
the Colleges Sub-committee. services for members working in this
Branches were requested to sector. This matter has been raised at
submit detailed examples. The the Teachers’ Conciliation
matter was raised as a general The union secured commitments Council.
issue at the Institutes of in this regard in the
Technology Industrial Relations TUI/DES/THEA Agreement, May
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