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 1 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. 2 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. 3 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. 4 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. 5 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. 6 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. 7 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. 8 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. 9 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. 10 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. 11 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. 12 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 ******************** 13