andMr. McAuliffe asked the Minister for Local Government whether he is aware that the Cork County Manager, despite the unanimous wish of the members of the Cork County Council, is refusing to implement a decision of the Labour Court secured on behalf of the engineer's clerks employed by the Council, thereby setting a bad example for other local employers; and if he will, in order to prevent disruption of services in the event of an industrial dispute, point out to the Cork County Manager the desirability of accepting the Labour Court findings in this case.
Ceisteanna—Questions. Oral Answers. - Cork County Council Engineer's Clerks: Labour Court Award.
30.
I understand that the Cork County Manager is not prepared to implement a recommendation of the Labour Court in relation to the grant of sick leave to engineer's office assistants because of the existence of a general sick leave scheme which applies to those assistants in common with the other employees of the local authority. It would be inappropriate for me to intervene in the matter.
Does the Minister not agree that it is most undesirable that the Cork County Manager should refuse to accept the findings of the Labour Court? Does it not imply a questioning of the decision and a reflection on the views of all his members, in fact the unanimous views of his members? In those circumstances, does the Minister not feel it desirable that he should endeavour to use his good offices to find some solution to this problem?
I should be very happy to find a solution at any time that is appropriate but I do not think it is right to assume that the county manager in this case must be wrong because he does not accept a recommendation of the Labour Court. Assuming that he is wrong, as the Deputy seems to assume, it does not follow that I should intervene to put him right any more than I would attempt to intervene if the workers attempted to reject some recommendation of the Labour Court.
Assuming that the county manager is right, does it then not necessarily infer that the three people in the Labour Court are wrong, plus the 46 councillors?
What 46 councillors?
The 46 councillors in Cork County Council.
What did they do?
They unanimously decided that the recommendation should be implemented.
In fact I do not think there was a quorum present when this was discussed and no resolution was passed.
Is the Minister making that as a positive statement or as an expression of opinion?
I am just saying it for the moment.
It was worth trying.
Is there any member who wants to say otherwise?
The Minister is the man with the files.
Is there? The Deputy will tell us?
I will be quite honest: I could not say whether there was a quorum or not. I received the information through the union that it was a unanimous decision of the council.
Is the Minister not in fact undermining the authority of the Labour Court which has come to be accepted?
What have I got to do with that?
By condoning the action of the county manager in flouting the decision of the Labour Court.
Surely the Deputy should not be talking about flouting the decision of the Labour Court as if it were sacred to the Deputy?
It has been.