The Labour Court document dealing with the ASTI dispute recognises that "teachers have a sustainable case" for a decent pay rise, but says the best way to process its 30 per cent claim is through the Government's new benchmarking body.
The document prepared by the Labour Court chairman, Mr Finbarr Flood, exhorts the ASTI to have more confidence in its ability to present a convincing case at the benchmarking body. The recommendation says the Labour Court cannot accept that teachers are "unique" from other groups who are prepared to participate in the new body.
"This is particularly difficult to accept when the other teaching unions and others within the education system have accepted this process as a means of addressing their not insignificant claims," says the document.
In this section, the court is referring to the 35,000 teachers - members of the INTO and TUI - who are using the body to press their claims. The INTO and TUI are demanding increases of up to 34 per cent on top of what is available in the Programme for Prosperity and Fairness, but unlike the ASTI, they have not taken industrial action.
There are some notable concessions to the ASTI in the document. It accepts that teachers have fallen behind other graduate professions. However, "the court is surprised that ASTI is not prepared to make these arguments in a wider forum", it says.
Essentially, in a carefully written section, the court is saying to the ASTI it can have confidence in presenting its case to the benchmarking body. It adds that benchmarking has significantly changed since ASTI first refused to become involved in it and that many of its objections have been addressed.
The document says several issues are now clear:
Benchmarking will not be recommending performance related pay to teachers.
The body will be independent and presided over by a High Court judge.
Its timetable has been brought forward, "with a definite commitment that 25 per cent of any increase recommended will be implemented from December 1st, 2001".
Payments will be made for past productivity and increases can be based on comparisons with other public and private sector groups.
While the ASTI has decided not to participate in benchmarking, the court says there is "no substantive analysis or arguments made to the court to justify such a stance".
On the ASTI's demand for a "payment up front", the court says ASTI members have already benefited from significant pay increases flowing from the PPF. "The court was unable to get a satisfactory explanation as to why these payments were being made or accepted given that ASTI members are outside the PPF. Currently these payments stand at 8.5 per cent and will amount to 16 per cent by December 1st, 2001.
"The court is of the view these payments should be viewed as up-front payments, given that ASTI is not party to the PPF."
In a significant concession, the document recommends a new forum to deal with a range of educational issues relevant to teachers. "In the context of a rapidly changing education environment, there is a need for a fundamental examination and review of the role and functions of teachers (primary and secondary) in their various posts," it says. The forum will look at the role of the teacher, training, internal school management and professional development.