Legal challenge by ASTI to pay deduction on six days

The main secondary teachers' union will this morning begin a legal challenge to prevent the Government withdrawing pay to members…

The main secondary teachers' union will this morning begin a legal challenge to prevent the Government withdrawing pay to members during six days of industrial action.

Lawyers for the Association of Secondary Teachers, Ireland (ASTI) are expected to seek a injunction in the High Court this week restraining the Department of Education from deducting pay. The days at issue are November 16th, 22nd, 23rd, 28th, 29th and 30th.

On these days, ASTI members will report for work as normal but they will withdraw "voluntary" school supervision cover and from providing short-term cover for absent colleagues. School managers have advised parents not to send children to school on these days.

More than 620 secondary schools will close tomorrow when the ASTI takes one-day strike action. The union will today release details of an internal opinion poll which, it says, shows it has strong public support.

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The union does not expect to be paid for tomorrow's one-day strike but insists it should be paid when members withdraw voluntary duties. Secondary teachers have traditionally provided supervision and short-term illness cover in schools.

The union says it is not obliged to provide supervisory cover and should be paid. The Government insists it has always been regarded as part of a teacher's duties.

Mr Alex White, a labour law expert, told The Irish Times yesterday the union stood a "fighting chance " of winning its case. The custom and practice was that teachers performed these duties but there was no contractual obligation on them to do so.

Meanwhile, the Minister for Education, Dr Woods, has moved to counter reports that he was encouraging parents to break the strike. Dr Woods has offered to pay insurance and other costs to schools who can find people to supervise on the days when the teachers withdraw their services. "The Minister is simply providing assistance to schools if they want to make their own arrangements," a spokesperson said.

To date, few schools appear to have responded to the offer. According to Mr George O'Callaghan, general secretary of the Joint Management Body (JMB), the 420 schools under its control have advised parents to keep students at home.

The National Parents' Council (Post Primary) has also warned that the Minister's move could potentially damage relations between parents and teachers.

Over 400 clerical and administrative health board staff in Dublin are to strike today. Members of IMPACT, they are protesting at the decision of the Eastern Regional Health Authority to appoint 20 people in breach of established procedures.

Services to the public will not be affected by the stoppage but IMPACT has warned the action could escalate.

The Minister for Finance, Mr McCreevy, has been told by the IMPACT general secretary, Mr Peter McLoone, that the national agreement would not survive without the concessions workers needed in next month's budget such as tax reform, childcare and measures directly addressed at curbing inflation.