Fórsa trade union has issued its intentions to collapse the conciliation and arbitration scheme - the main industrial relations mechanism for the Civil Service - if the Department of Public Expenditure and Reform (DPER) fails to implement the 2015 legislation that provides access to the Workplace Relations Commission (WRC) for civil servants.

During a recent meeting with DPER officials Fórsa outlined its intentions to collapse the scheme unless urgent progress was made on implementing the 2015 Industrial Relations Act, which would provide access to the WRC. DPER has agreed to engage on the issue.

At present, civil service workers only have access to a conciliation and arbitration scheme if issues arise at work, a scheme that was introduced in 1990. Unlike other sectors, civil service issues cannot be referred to the Labour Court.

Fórsa’s head of Civil Service Éamonn Donnelly explained: “Civil servants are denied access to the WRC for almost all workplace issues, with the only exceptions being for equality-based grievances. It is an exclusion unique to the Civil Service.

“As it stands, we’re being prevented from getting normal business done. That means we’ve nothing to lose by collapsing the current scheme and pushing for the legislative gateway to dealing with issues through the WRC. Our civil service members deserve better than the current impasse. The depth of feeling among members is very strong, and we intend to get a result,” he said.

Assistant general secretary Seán Carabini said the system isn’t just frustrating, it’s inept: “It was written 72 years ago and was written very much in the employer’s favour. Amongst the biggest flaws is the lack of a response time. It means that you can refer a matter to arbitration, but the Arbitration Board has no powers to facilitate a hearing until DPER decides to respond.

“For example, I lodged a statement of case for arbitration with DPER in February of this year, and the department has yet to respond. How can you expect to have stable industrial relations when the State effectively refuses to engage?” he said.

Fórsa officials say individual grievance cases are especially affected. Éamonn said the fix is already legislated for: “We’re not going to wait around for a solution to fall from the sky. We’re being prevented from engaging on industrial relations issues because we’re trying to use a 1950s industrial relations model to deal with 21^st century problems. This is an issue that DPER must prioritise in 2023.

“The 2015 Industrial Relations Act allowed for Civil Servants to use the WRC. In order for that to happen, we need the agreement of the employer. It’s almost eight years down the road and we are no closer. It’s not good enough. The clock is ticking, and DPER knows it. We’re determined to get results,” he said.

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