Action on motions 2013

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Report on Action on Resolutions
(Adopted at Divisional Conference 2013)
Education Policy
Motion 1
Recognising the crucial role that education has played in the achievement of social and
economic progress in Ireland, and in further recognition of the vital importance of the role of
education if we are to address our current difficulties successfully in a manner that places the
country on a path of further social development and sustainable prosperity, IMPACT calls
for support from Government, other trade unions and actors in the education sector for a
policy approach that has at its heart the following principles and commitments:
 a clear rejection of the commodifiction of education in a way that restates Irish education
values and develops an integrated approach that puts these at the centre of all
Government social and economic policies
 further measures, supported by resources, that promote increased access to education
with guaranteed outcomes
 an honest assessment of current practice with the objective of introducing a range of
quality improvements
The EDEC felt that the best way to give profile to the objectives of the resolution was to
include them in the various activities of the Division and at a Seminar that was held at
Easter 2014. 'Going for top marks' was an important event that attracted a range of
high profile speakers.
During 2013-14 the EDEC took particular policy stances to highlight the issues of food
poverty in schools (working in collaboration with a coalition formed by the Educational
Disadvantage Centre), the importance of the Arts in schools (meeting the Minister for
Arts, Heritage and the Gaeltacht) and mental health of schoolgoers (writing to the
Minister for Children and supporting the widespread distribution of a booklet for
young people on mental health issues).
Motion 2
In view of the thousands of children who have benefited from it and in view of the real
possibility that resources would be removed or reduced if it is changed IMPACT strongly
supports the current approach to Special Education Needs that recognises and responds to
the care needs of the child and resolves to campaign robustly against any alterations that
would put the school attendance of these children and the meeting of these needs at risk.
The Union attended at the Joint Oireachtas Committee on Education and Social
Protection in October 2013 and took up the invitation to follow this with a formal
submission on the role of the SNA. Union representatives also took part in other events
that focused on the SNA.
The Union endeavoured to emphasise the threat that the tendency to allocate access to
an SNA rather than dedicated support would mean for the care needs of children. The
Union also raised the failure in June 2013 to adjust the 10,575 wte allocation of SNA's
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but welcomed the Minister's announcement later in the year of an increase of 390 posts
for the 2013/14 and 2014/15 school years and the further increase in wte posts
announced in the context of Budget 2015.
The Union also commissioned research on professional qualifications and further
training options for SNAs with a view to consolidating and expanding the role.
Following publication of circular 0030/2014 the union expressed serious concerns about
the potential implications for SNA support for children and SNA jobs.
Motion 3
The VEC Branch welcomes the establishment of the new Education Division, and urges
IMPACT trade union to play an influential role in shaping Irish Education policy, and by so
doing, equip and empower our workforce with the knowledge, skills and competencies to fully
participate in an ever changing global working environment.
The Division gave effect to the terms of the resolution through policy initiatives, public
statements, conferences and seminars, collaborative work with suitable allies and direct
engagement with Government and other policy shapers when the opportunity arose.
Motion 4
That this conference notes that the formation of Technological Universities should not be
based exclusively on a policy of commercialisation of education.
This is being reflected in our public pronouncements and in our representations on the
issue.
The IOT Branch organised a delegation to visit universities in Denmark to learn from
the Danish experience in merging colleges.
Motion 5
That this conference directs the Education Division to proactively engage with the HEA and
IOTI in relation to the development of Technological Universities and/or alliances within the
IOT sector.
This matter was primarily led by the IoT Branch and the AGS but it was the subject of
regular reports to the EDEC. As the pace of events picked up following the
Government decision of January 2014 the issue achieved an even higher profile on the
EDEC agenda.
Motion 6
That this conference calls on the Government to reverse its decision to impose further cuts in
funding to third level education. It has been widely acknowledged that high quality graduates
are paramount to the recovery of this economy.
The Union wrote to the Minister for Education and Skills and an acknowledgement was
received.
The union is participating in consultative events organised by the Expert Group on the
future funding of higher education.
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Motion 7
That this conference calls on the Government not to introduce third level tuition fees for
whole time courses in Institutes of Technologies. Access to third level education should
always be available to those who have the ability to succeed regardless of income.
The union made a submission to the Higher Executive Education Authority on the issue
of equity on access to higher education.
Motion 8
Given the affects of the moratorium and the ongoing and ever deepening cuts in vital
education services, the VEC Branch urges this conference to demand that monies designated
for the subvention of private schools be more properly diverted to areas of greatest need
within the sector.
The EDEC wrote to the sponsoring Branch seeking assistance in identifying the worst
effects of the cuts that had taken place and the areas of greatest need with a view to
correspondence with the Minister and a possible public statement.
Motion 9
We propose that the Education Division of IMPACT seeks to promote the welfare of all
children. We suggest that parents might be greatly supported by the introduction of parenting
courses as part of enrolment policies both at junior and senior level.
The Union wrote to the Secretary General of the Department of Education and Skills
and an acknowledgement was received.
Pay and related matters
Motion 10
The School Secretaries’ Branch seek the support of conference and the incoming DEC in
lobbying the Departments’ of Finance and Education and Skills for proper remuneration for
school secretaries who this year have been given responsibility in dealing with RCT and VAT
on behalf of Revenue on top of their already heavy workload.
These additional arguments were incorporated into our efforts to secure progress
through the Joint Forum on School Secretaries and Caretakers.
Motion 11
The School Secretaries’ Branch seeks assurance that the incoming education division
executive with do all possible to support school secretaries in their campaign to secure a fair
deal in relation to pay and conditions.
In addition to continuing efforts via the Joint Forum, and the Joint Technical Working
Group established to further confirm the factual matters, the Union sought legal advice
on the possibility of mounting fixed term or equality claims.
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Motion 12
The School Secretaries’ Branch call on the incoming DEC to seek payment by the State
Examinations Commission for the additional work undertaken by schools secretaries in
relation to the running of the Special Centres for the State examinations in post-primary
schools in line with all other personnel.
This matter was pursued as a dispute and the assistance of the Labour Relations
Commission was sought. The matter was eventually referred to the Labour Court.
Motion 13
The School Secretaries’ Branch urge the DEC to look to ensure proper arrangements are put
in place for payment of wages to non-Department of Education and Skills paid staff on their
due date, in particular over holiday periods and bank holidays.
The matter was referred to the AGS so that the terms of the resolution could be raised
with the management bodies. However, it was subsequently confirmed by the Proposer
of the motion that this issue had been resolved.
Staffing
Motion 14
That this conference notes that any further reduction in staffing as a result of the Employment
Control Framework will have a negative effect on the delivery of public services.
The EDEC referred the matter to the IoT Branch requesting assistance in identifying
the 'negative effects' that have already been experienced and the main 'fears' if staffing
levels are further reduced.
Motion 15
That the moratorium should not be so rigorously applied as to threaten the very viability of
ongoing provision of services in VECs and future Education and Training Boards.
The EDEC wrote to the VEC Branch suggesting that it, as the proposing Branch, might
be best placed to offer guidance on the effects of the moratorium on ETBs and the
greatest risks facing the fulfilment of their statutory role.
Motion 16
We propose that IMPACT adopts a policy whereby every member actively unites to protect
whole time posts of fellow members.
The EDEC decided to ask the AGS to consult with the four SNA Branches with a view
to coordinating a policy to raise awareness among members of the importance of early
identification of attempts to fragment positions and of the need to resist this growing
trend.
Following a meeting with the four Branch Chairpersons an e-mail was sent to SNA
members asking them to report any cases. The matter was also raised at the Branch
AGMs.
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Following the allocations for the 2014/15 school year the Division increased its efforts to
highlight the issue at meetings, in correspondence and in public statements. In February
2015 it was decided to commence a ballot for industrial action.
Redeployment
Motion 17
We propose that IMPACT enter negotiations, as a matter of urgency, with the Department of
Education and Skills and the management bodies to set up a system of redeployment for
Special Needs Assistants as recommended by the labour Court.
The delay in finalising the Haddington Road Agreement meant that it was only possible
to introduce an interim scheme in advance of the 2013/14 school year.
The Union continued to press the DES on the importance of agreeing and implementing
a full scheme. The matter was kept on the agenda of the central oversight group for the
HRA.
In January 2014 the Union wrote to DES insisting that the necessary resources be made
available so that a scheme was in place well in advance of the conclusion of the school
year.
A revised scheme was introduced for the 2014/15 school year and a Supplementary
Assignment Manager was appointed.
A review is currently taking place.
Motion 19
We propose that IMPACT work towards the implementation of the LRC ruling which states
that there should be a mechanism put in place by the Department of Education and Skills and
management bodies, whereby when an SNA's post is made redundant, they should be put on a
panel for the purposes of redeployment.
The issue was a key priority for IMPACT in the 2013 Public Service talks and was
pursued in line with the report set out directly above.
Conditions of Service
Motion 20
IMPACT criticises the practice of the Department of Education and Skills of preparing
Sectoral Action Plans without consultation and then presenting them as 'faits accomplis'
There was a change with the introduction of the HRA on 1 July 2013. Sectoral Action
Plans are no longer a feature as they had been under the Croke Park Agreement.
Nevertheless, the Union continued to stress to the DES the importance of prior
consultation.
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Motion 21
The School Secretaries’ Branch urges the incoming DEC to request the Department of
Education & Skills to examine the present criteria for clerical officer grading which is based
on teacher numbers rather than whole staff numbers.
An assessment was made to establish if the current grading criteria represent a general
problem or one confined to a particular area so that a decision can be made as to
whether it needs to be raised with the appropriate employer body.
Motion 22
That the incoming DEC seeks for inclusion of all non teaching staff in the planning,
implementation and reporting process of the new Self-Evaluation System currently being
introduced in primary and second level schools.
The Union wrote to the Secretary General of the Department of Education and Skills.
Motion 23
We ask IMPACT to put in place procedures that protect our members from accusations of
improper conduct.
The EDEC had some difficulty in deciding how best to deal with the resolution and is
sought direction from the proposing Branch on the types of accusations involved.
Motion 24
We ask this AGM to highlight and address that SNAs in some schools are not treated as
equals within the workplace in line with other employees e.g. fobs issued to teaching staff,
access tea/lunch break facilities and proper break times.
The terms of this resolution were incorporated into the ongoing campaigning and dayto-day activities of the Union.
Motion 25
Due to the misuse and misappropriate duties being asked for SNAs by management,
regarding the 72 hour circular, we propose that IMPACT seek the Department of Education
and Skills to formally clarify with management bodies, that the hours mentioned are of a noncompulsory nature and that work provided needs to be appropriate to the grade.
The issue of the appropriate use of the 72 hours was included in a specific section of the
HRA that states that a review be carried out by the LRC.
The parties had their first engagement at the LRC in February 2014 and it was agreed
that both sides would prepare submissions.
A major survey on the use of the 72 hours was conducted in the latter part of 2013. The
results of this survey and the terms of the resolution formed the basis of the Union
submission.
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Motion 26
That this conference directs the Education Division to engage with the Government in an
effort to protect the current terms and conditions of IMPACT members currently working in
Institutes of Technology.
The EDEC felt that the best opportunity to advance the terms of the resolution lay in
the discussions taking place surrounding the establishment of technological universities.
Motion 27
That this conference directs the Education Division to proactively engage with its members
and the IOTI in relation to services provided to ensure that conditions of employment of
existing staff would not be diminished as a result of the formation of Technological
Universities and/or alliances within the IOT sector.
It was felt that this was a matter for the IoT Branch and the relevant official in the first
instance with the EDEC standing ready to assist as required.
Motion 28
That this conference ensures that IMPACT trade union will continue to rigorously act to
protect and restore terms and conditions of members in this Education Division and
elsewhere.
The terms of the resolution were noted and guided the EDEC in its consideration of the
various issues before it.
Motion 29
We propose that IMPACT do everything possible to help members working in isolation, link
up with other members in their area.
There was a discussion at the EDEC and the members felt that they should use their
good offices to ask Branches to consider informal social networks.
Motion 30
We propose that IMPACT seek clarification from the Department of Education and Skills as
regards the obligations of Special needs Assistants under the Croke Park Agreement. That
they ask the Department to inform Boards of Management that SNAs do not work "Croke
Park hours" but rather that they are required to be more flexible in working the "72 hours,"
provided appropriate SNA work is available.
This was done in repeated encounters with the management side but it was felt that the
achievement of a solution was likely to rest in the identification of appropriate work.
This was particularly so in the light of the significant increases in working time for most
public servants under the HRA.
The issue of the utilisation of the 72 hours from an effectiveness and appropriateness
point of view is the purpose of the LRC review under the HRA.
Discussions commenced with the INTO in November 2013 in an effort to develop
common understandings around the 72 hours issue.
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Motion 31
Since the closing date for nominations and motions there has been a significant increase in
queries/problems from SNAs who also work as bus escorts. We propose that the branch
investigates these changing working circumstances for these SNAs/members and represent
accordingly.
It was agreed to establish the extent of the issues/problems in the four SNA Branches.
Staff Duties
Motion 32
As per point 2.13 of the standard Department of Education post primary SNA contract. "You
will also be required to work the month of June on examinations or other work appropriate
to the grade including training." Secondary school SNAs are contracted to work the month of
June, however in practice SNAs attend for work and are given inappropriate tasks.
Requesting SNAs to carry out inappropriate work undermines the role and shows lack of
respect for those who carry out the role. We propose a strong stance be taken against
employers who continually show a disregard for the role of the SNA in particular taking into
account SNAs in secondary schools.
This was referred to the relevant AGS and Organisers for action as appropriate and
necessary.
Motion 33
We ask that the issue of catheterisation be dealt with as a matter of urgency. That IMPACT
should seek expert legal medical advice to clarify that catheterisation is an invasive medical
procedure and therefore does not form part of SNA duties under toileting.
There was a further referral to the Union Solicitor seeking to establish if such 'expert
medical legal advice' is available. A meeting took place with the DES and NCSE to
establish the level of the problem. Discussions are ongoing.
Staff Training and development
Motion 34
We propose the motion for the provision of training and access to continuous professional
development, be available to SNAs as part of the 72 hours (where they are being utilised) –
Circular 71 2011 allows for this. Such training could include e.g. play therapy, art therapy
and anger management and be appropriate to the grade. We propose where possible explicit
agreement is reached where the 72 hours are being utilised, that some of this be allocated to
meeting training needs and the cost of same should be borne by the employer.
Considerable efforts were made on the development of training programmes that are
organised and delivered by the Union and that could be undertaken and offset against
the 72 hours. Given the enormous demands that this places on the Union and the staff
involved further consideration needs to be given to how best to develop and expand this
important function.
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Motion 35
That the newly elected DEC seek the extension of the Department of Education & Skills inservice professional training currently available to teachers, to all non teaching staff.
It was decided to use the liaison process involving IMPACT and the INTO to establish
the factual position and to explore joint training opportunities for teachers and other
school staff.
Health and Safety
Motion 36
We propose that IMPACT work to get their members in the Education Division the same
protection that is offered to members in the Health Division a Physical Assault Scheme.
The 2013 survey of assaults on SNAs at work was extremely successful and the quality
of the information contributed directly to the profile the issue received in the media
coverage surrounding the Divisional Conference.
The Union wrote to the DES seeking the introduction of a physical assault scheme. At a
meeting in January 2014 the DES officials confirmed that the claim was being rejected
and that for some years all new cases under the teachers' scheme had not been
approved.
In the circumstances it was necessary to treat the issue as one of dispute and to establish
if other education unions/categories wanted to be party to a referral through the
industrial relations machinery.
IMPACT referred the issue to the Labour Relations Commission.
Motion 37
As a Health and Safety issue, we propose that all schools should offer Hepatitis B vaccine or
any other work appropriate vaccine to all SNAs and that it should be provided by their
employer i.e. the Board of Management.
The matter is being raised with the employer bodies and, in the absence of agreement, a
claim will be pursued through the industrial relations process.
Sick Leave
Motion 38
SNAs on a daily basis throughout the country receive many injuries in the workplace either
physical, emotional or illness due to the many complex needs of the children now attending
schools. We ask IMPACT to investigate the possibilities of SNAs out on sick leave due to the
above that it does not affect their normal sick leave entitlements.
This is being pursued in tandem with 'Assaults at Work' reported on above.
Motion 39
We propose that IMPACT enter into negotiations with the Department of Education and
Skills to declassify injuries sustained in the workplace as occupational injury and should not
be considered as sick leave.
This is being pursued in tandem with 'Assaults at Work' reported on above.
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Boards of Management
Motion 40
We propose that non-teaching staff be entitled to elect a representative onto the Board of
Management.
The Union wrote to the Minister for Education and Skills requesting an amendment to
the existing rules governing Composition of Boards of Management on the grounds of
parity of esteem, inclusivity and industrial democracy. A reminder issued in January
2014 but no reply was received.
At a meeting in December 2014 with the newly appointed Minister IMPACT again
raised the issue. She responded formally in January 2015 pointing to a difficulty with
the provision in the Education Act but expressing a willingness to continue to explore
the issue with the union.
The Division has sought these discussions.
Motion 41
We propose that a representative of the non-teaching staff sit on the Board of Management.
The Union wrote to the Minister for Education and Skills requesting an amendment to
the existing rules governing Composition of Boards of Management on the grounds of
parity of esteem, inclusivity and industrial democracy. A reminder issued in January
2014 but no reply was received.
At a meeting in December 2014 with the newly appointed Minister IMPACT again
raised the issue. She responded formally in January 2015 pointing to a difficulty with
the provision in the Education Act but expressing a willingness to continue to explore
the issue with the union.
The Division has sought these discussions.
Motion 42
We propose that IMPACT enter into negotiations with management bodies to allow for
ancillary staff to have voting and sitting rights when electing staff representatives to the
Board of Management.
The Union wrote to the Minister for Education and Skills requesting an amendment to
the existing rules governing Composition of Boards of Management on the grounds of
parity of esteem, inclusivity and industrial democracy. A reminder issued in January
2014 but no reply was received.
At a meeting in December 2014 with the newly appointed Minister IMPACT again
raised the issue. She responded formally in January 2015 pointing to a difficulty with
the provision in the Education Act but expressing a willingness to continue to explore
the issue with the union.
The Division has sought these discussions.
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Motion 43
We propose that IMPACT lobby on behalf of all Special Needs Assistants in all schools that
they are represented on the Boards of Managements as they are an integral part of the whole
school community. On most Boards of Managements parents, teachers and other core
members of school communities are represented.
The Union wrote to the Minister for Education and Skills requesting an amendment to
the existing rules governing Composition of Boards of Management on the grounds of
parity of esteem, inclusivity and industrial democracy. A reminder issued in January
2014 but no reply was received.
At a meeting in December 2014 with the newly appointed Minister IMPACT again
raised the issue. She responded formally in January 2015 pointing to a difficulty with
the provision in the Education Act but expressing a willingness to continue to explore
the issue with the union.
The Division has sought these discussions.
Outsourcing
Motion 45
This conference calls on the CEC to ensure that the proposed introduction of shared services
within 3rd level institutions does not have detrimental effects on current staff, local businesses
and partnerships.
The Division was represented at the cross-sectoral talks regarding the establishment
and operational roles of the Office of Government Procurement. The EDEC maintained
a close interest on shared service developments with particular regard to the IoT and
ETB areas.
In the case of ETBs shared services have become a flash point in the absence of
sufficient progress on roles and structures for ETBs.
Motion 46
That this conference notes and is fully alert to the potential developments that can lead to the
creeping privatisation of VEC/ETB services including internal servicing and administration.
The terms of the resolution were noted and seen as a matter for the Branch and the
AGS concerned in the first instance.
Internal union matters
Motion 47
Conference urges the incoming Divisional Executive Committee to
 draw up proposals for the Central Executive regarding the establishment and
composition of a new Education Branch (or Branches) to include dispersed Education
members.
 and to devise a recruitment and organising strategy to expand membership in
employments with low density and other areas yet to be organised.
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The Division developed a proposal for the establishment of an Education No. 1 Branch
which was subsequently approved by the CEC.
It is intended that the Branch will represent and expand membership in the following
areas:
Early Years Education
Schools staff (other than SNAs and Secretaries outside Dublin)
Third Level
Adult/Further Education
Education Bodies/Education Centres
A process of identifying and transferring relevant members is underway. A first Branch
AGM took place in February 2014.
The Organisers have assisted recruitment in a number of areas. It is planned to assign a
dedicated Organiser resource shortly.
It is proposed to adopt a recruitment and organising approach incrementally
commencing with the Early Years Education Area.
Motion 48
That this conference calls on the CEC to allow the staff in the 21 full-time Education Centres
in Ireland, which are funded by the Department of Education and Skills, to form a National
Branch. Delegates are requested to support this motion to enable this group of employees
deal with its issues more effectively.
The group currently have 85 members and urge IMPACT to give us a voice as a National
Branch by allowing us to establish our own branch under Rule 11 (1) of the IMPACT Rule
Book, which states that exceptions can be made in forming branches with less than 100
members. As there are other Branches with less than 100 IMPACT members this group sees
no reason why it cannot form a Branch and be part of the newly formed Education Division.
Please support our request.
This was dealt with in the context of the establishment of the Education No. 1 Branch of
which our members in the Education Centres are now a key part.
Motion 49
That the formation of the education division will assist in giving due recognition to the work
done by school secretaries to ensure the smooth running of schools and to put an end to the
myth that this grade has no direct contact with students.
The terms of the resolution and the sentiments expressed were fully noted by the EDEC.
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Emergency Motion No. 1
This Conference is extremely concerned at the current and proposed cuts to
funding in the School Completion Programme. This Conference directs the
DEC to enter into discussions as a matter of urgency with the Department of
Children and Youth Affairs regarding these cuts.
Following the Conference the Union wrote to the Secretary General. Significant
assurances were achieved in further discussions and in the context of the establishment
of the Child and Family Agency. The issue was kept under very close scrutiny with
regular reports to the EDEC.
In recent months the Division has overseen a step up in the campaign including the
publication of a Branch position paper, political lobbying, contribution to the ESRI
review and further representations to the Department of Education.
March 2015
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