Department Circular 49/2013 sets out the position in relation to the Haddington Road Agreement and the Financial Emergency Measures in the Public Interest Act 2013 for teachers in post-primary schools and is available at the following address: http://www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0049_2013.pdf. The Agreement applies to teachers employed in Education and Training Board schools (apart from Designated Community Colleges). In general, the FEMPI Act continues to apply to teachers employed in Voluntary Secondary schools. In dual-union schools (Designated Community Colleges and Community and Comprehensive Schools), the FEMPI Act continues to apply to teachers who are not members of TUI. While certain issues of dual representation require further consideration, the position set out above provides an initial basis for the implementation of the Haddington Road Agreement. It is stressed however, that the application of the Agreement is entirely conditional upon adherence to its terms by the teachers to whom it is applied. It is normal practice in the public service that the decision of the trade union recognised as holding representative rights for a particular grade or sector will determine the position for all relevant staff in that grade/sector. Union membership is a matter for individual teachers, and accordingly my Department is not classifying or deeming teachers to be members of any trade union and is not advising teachers in regard to membership or non-membership of any trade union.
