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Industrial Disputes

Dáil Éireann Debate, Tuesday - 4 October 2016

Tuesday, 4 October 2016

Questions (44)

Thomas Byrne

Question:

44. Deputy Thomas Byrne asked the Minister for Education and Skills if he will provide an update on progress being made to resolve the ongoing industrial relations issues between his Department and the ASTI union; and if he will ensure that no child will be deducted marks by the State Examinations Commission as a result of these issues. [28286/16]

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Written answers

ASTI has issued a directive to their members to withdraw from the Croke Park hours. These are the 33 hours of additional work per year (less than one hour per week) that were agreed under the Croke Park agreement, to facilitate staff meetings, parent-teacher meetings, etc., without closing schools. ASTI's decision to withdraw from these hours means that the union has repudiated the Lansdowne Road Agreement.

The Government has committed to fully implementing the Lansdowne Road Agreement in accordance with the timelines agreed, subject to the continued cooperation of the unions. The Lansdowne Road Agreement remains the framework for public service pay. It is the only framework available for managing the needs of the public service while implementing the reforms that enable us to deliver better public services in the future.

In opting to withdraw from the LRA, ASTI members are also opting to forego a series of benefits and protections. These include avoiding an increment freeze, continuation of the alleviation of the FEMPI Act 2013 pay cut for higher earners, the addition of the €1,592 Supervision and Substitution allowance to the pay scale and protection against compulsory redundancy.

Further significant consequences of withdrawing from the Lansdowne Road Agreement are the withdrawal of the benefits introduced under the Ward Report and the non-application of the revised sequence for the filling of posts/hours, both of which measures enable new teachers to gain permanent employment and full hours more quickly than before. In addition, newly qualified ASTI members will not receive the benefits of the recent agreement reached with TUI and INTO on new entrant pay.

I previously offered that my Department would suspend the implementation of measures associated with ASTI’s repudiation of the Lansdowne Road Agreement, if the union suspends their directive to withdraw from the Croke Park hours. This would provide a more constructive context for talks to take place and would avoid disruption in schools. It would also mean that thousands of ASTI teachers would receive the payment for supervision and substitution as well as other benefits and protections under the Lansdowne Road agreement. Unfortunately, ASTI have refused this offer thus far but it remains open.

Despite this, my Department is making arrangements to continue the ongoing discussions with ASTI in relation to their issues of concern. I believe that continuing dialogue between my Department and the ASTI would be in the best interests of schools, parents, students and teachers as is evidenced by the agreements reached with the INTO and TUI. It is regrettable that ASTI seem determined to pursue a route of confrontation rather than dialogue.

In respect of issues relating to the reform of the Junior Certificate, a key element of the new Framework are Classroom Based Assessments (CBAs). These assessments will be undertaken by students across the junior cycle, one in 2nd year and one in 3rd year. The second CBA will be followed by a written Assessment Task which will be externally marked by the State Examinations Commission. The Assessment Task is worth 10% of the marks for the final examination.

Earlier grounds for objection of the ASTI to the new Framework have been addressed. Under the 2015 Framework agreed with the unions, teachers are now not involved in assessing their own students for State certification purposes.

However, teachers of English who are members of ASTI have been directed by their union that, while they are to teach the new specification, they are not to undertake the Classroom Based Assessments (CBAs) with their students.  Therefore, students who are taught by a teacher who is a member of the ASTI will not receive a grade for their CBAs. Since the second CBA is linked to the written Assessment Task these students cannot complete the Assessment Task.

Officials from my Department recently met with the ASTI on this matter, where the position regarding the written Assessment Task was made very clear. In cases where the Assessment Task is not completed the State Examinations Commission cannot award any marks in respect of this mandatory component. Therefore, candidates for Junior Cycle English in 2017 who do not complete the assessment task can only be marked and graded based on a maximum of 90% of the available marks.

Given the very unfair position in which the ASTI directive now places teachers and students of English, my Department asked ASTI to provide an immediate derogation from their directive for current teachers of English, while talks on the Junior Cycle proceed, in order that current third year English students of ASTI members are no longer unfairly and unjustifiably disadvantaged.  The ASTI have yet to respond on this request.

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