Performance Appraisal For Teachers

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Performance Appraisal For Teachers Powered By Docstoc
					VOL.28 / NO.1
SEPTEMBER ‘05




                                                Performance
                                                Appraisal For
                                                 Teachers?



            Welcome to Teaching – A Guide for New Members
        Maternity Leave Explained   •   Discipline Task Force Interim Report
 www.tui.ie




                                                                                                    PADDY HEALY PRESIDENT
                                                                                                  Paddy Healy,
                                                                                                  President                                president@tui.ie
                                                                                                  Tim O’Meara,
                                                                                                  Vice President
                                                                                                  Jim Dorney,
                                                                                                  General Secretary                         jdorney@tui.ie
DELEGATES AT VEC STAFF REP TRAINING DAY, GRESHAM HOTEL, DUBLIN
                                                                                                  Peter MacMenamin,
                                                                                                  Deputy General Secretary            pmacmenamin@tui.ie
                                                                                                  Declan Glynn,
                                                                                                  Assistant General Secretary                dglynn@tui.ie
                                                                                                  Annette Dolan,
                                                                                                  Assistant General Secretary                adolan@tui.ie
                                                                                                  Hilary O’ Byrne,
                                                                                                  Administrative Officer                    hobyrne@tui.ie
                                                                                                  John MacGabhann,
                                                                                                  Education/Research Officer            jmacgabhann@tui.ie
                                                                                                  Conor Griffin,
                                                                                                  Press & Information Officer                 cgriffin@tui.ie




  Contents
                                                                                                       TUI News is published
       Features                                                       Regulars                         by the Teachers Union of Ireland,
                                                                                                       Aontas Muinteoiri Eireann,
  4    Performance Assessment      31 Young Environmentalist      3   A Word from The President        73 Orwell Rd,
       of Teachers by Principals      Award                                                            Rathgar,
                                                                  10 Institute News                    Dublin 6
  6    Staff Rep Training          33 Construction Studies DVDs
                                                                  14 Notices                           T: 01 - 4922588
  12 Task Force                    35 World Teachers Day 2005                                          F: 01 - 4922953
                                                                  22 Maternity Explained
     Interim Report                36 Equality                                                         E: tui@tui.ie
                                                                  28 Notices                           W: www.tui.ie
  16 Welcome to Teaching           37 The Return Trip to Tipp
  22 Maternity Leave Explained     38 Rights Commissioner         30 RMA News                          Produced by:
                                                                                                       Neworld Image, 9 Greenmount Avenue,
  24 Contracts of                     Recommendations             32 Obituaries                        Harolds Cross, Dublin 6
                                                                                                       Printed by: Typecraft Ltd.
       Indefinate Duration          39 Recruitment Drive           34 Book Reviews



   2      TUI NEWS
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A Word From The President
As the new academic year begins,                    Maximum pressure must be placed on the           a propensity to act unilaterally. Don’t wait
I had hoped to be able to report that               government to make a quantum leap in             for the lump sum before considering buying
a significant recommendation had                     education provision in the forth coming          added years!!!
been made to tackle the problem                     budget estimates.
of indiscipline in schools and that a                                                                Tax relief on pension contributions can
major increase of funding had been                  Unfortunately the main opposition party          no longer be spread backwards over the
provided to support the work of our                 is not being helpful. The main thrust of its     previous ten years.
members in second level schools,                    publicity is not directed at remedying under
further education, institutes                       funding but at eliminating waste in public       Still at the Helm!
of technology, youthreach and                       services, demanding greater productivity for     I have made significant revisions of the
other centres.                                      benchmarking and securing the publication        content of the TUI diary, particularly in the
                                                    of school league tables.                         area of pensions. Comments and suggestions
Unfortunately this is not so. Instead, the          Teachers must examine the policies of all the    are welcome. But in at least one respect the
Minister is giving priority to the publication of   political parties in order to exert maximum      President nodded off during proofreading.
inspection reports in order to provide choice       pressure towards an adequately funded            Despite being written out of history in the
for parents choosing a school. At the same          education system. Teachers acting as a           Diary, Paddy Byrne is still at the helm of the
time, the penny pinching approach being             coherent lobby group can be very effective.      Retired Members Association as Chairman.
adopted by the Department of Education to                                                            He is full of energy and of plans. Con Kelly
the safety issue on school busses, is denying       Indiscipline                                     has not mounted a comeback coup but
choice to thousands of pupils and damaging          The lack of urgency evident in the interim       continues as area representative. Christy
the intake to some of our schools. At third         report of the commission on indiscipline is      Conville deserves all our thanks for taking up
level, the ministerial priority includes the        most disappointing. TUI has decided to begin     the onerous duties of secretary of RMA. He
elimination of the right to a sworn public          talks immediately to secure the right of a       replaces Donnachadh O’Riordain who was
enquiry before dismissal and the requirement        teacher to remove a persistently disruptive      made Honorary Life President at the AGM
for ministerial sanction.                           student from class during class time. If         of RMA.
                                                    urgent implementation does not follow the
The chronic under funding of our education          recommendations of the commission in             In completing work-in-hand since his
system is not being tackled. The same old 40        January, we must be prepared to take action      retirement as RMA secretary, Donnachadh
million euro to combat disadvantage has been        on this issue.                                   has secured pension retrospection of
recycled several times in ministerial speeches                                                       €22,500 for an 81-year RMA member and
and spread thinly across first, second, further,     Third Level conference                           retrospection of €29,000 for another.
adult and third level education.                    A conference of our third level members          In his final year he secured total retrospection
                                                    with international speakers will be held this    of €100,000 as well as the consequential
In the league of education spending per             month to discuss the implications of the         increases in the on-going pension. His
student, Ireland languishes at 18th place           OECD report. TUI has sought a high level         expertise is still available to me on a daily
of 26 OECD countries and at 20th place              meeting with the Department to discuss the       basis. Christy Conville has a hard act
when the comparison is confined to second            issue of dismissal procedures prior to the       to follow!
level education.                                    publication of the HEA bill which is imminent.
                                                                                                     Personal
The current budget surplus is now predicted         Retirement                                       I wish to thank the many branches which
to be 8 billion euro. It is outrageous that the     The system of strands of early retirement,       nominated me for a second term of office,
bulk of this surplus is being spent on roads,       which was introduced under PCW, falls due        which I commenced on July 1. It is a great
bridges and broadband while students suffer         for review in 2006. There is no commitment       honour to serve TUI as President.
irreparably and teachers are being faced            by government to the continuation of the         Above all I want to thank TUI as a body and
with insuperable problems in their work.            system in its current form. Serious changes      all the executive members, officials, branches,
All other developed countries borrow for            will be sought by the official side. TUI will     and individuals who showed such kindness
physical infrastructure as it will serve many       strongly oppose any worsening of this benefit     and support to me and my family on the
generations to come. This is the human              for which teachers gave up a pay rise. But       death of my mother during the summer.
approach. It is also the sensible economic          it is well to note that the Department has
approach as a well educated population is the       recently introduced an increase in the cost of
most important “infrastructure” of all.             added years without agreement and now has



                                                                                                                                   TUI NEWS     3
 www.tui.ie




Performance Assessment
of Teachers by Principals?
                                                 There is reason to believe that the
                                                 Department of Education will seek the
                                                 introduction of Performance Management
                                                 Development Systems (PMDS) in schools
                                                 in new national pay talks to be completed
                                                 by the end of the year. This could involve
                                                 performance appraisal of teachers
                                                 by principals. TUI is vehemently opposed
                                                 to such a development.
PADDY HEALY, PRESIDENT, TUI


Already our members in Institutes of             Already civil service unions have agreed         Background
Technology, Adult Education Organisers           that outcomes of performance appraisal
and Resource Persons in Youthreach are           can be an element in deciding on the award       The Government accepted the
subject to the first stages of the “roll out”     of increments and in promotions to higher        recommendations of a report on public
of this process. I believe that this system is   posts. In Institutes of Technology, TUI has      service pay by consultants Fitzpatrick and
inappropriate for all our members and should     secured an agreement that outcomes can           Associates (1998) which recommended that
be removed. At a minimum, it must not be         be used for no purpose whatever except           performance management assessment by
allowed to proceed further. The government       professional development. The danger is that     superiors (PMDS) be introduced throughout
side can be expected to demand further           this restriction could be over-ridden by a new   the public service as a stage on the road to a
development of the system where it exists in     national pay agreement.                          system of performance related pay. It made
the new talks.                                                                                    clear that this recommendation covered
                                                                                                  health, education and security. (2)
                                                 If an agreement similar to that in the civil
One of the reasons underlying the TUI
                                                 service were introduced in schools,
decision to vote against the Benchmarking                                                         The terms of reference of the first
                                                 it would seriously weaken the system
criteria at the Public Services Committee                                                         benchmarking body included in its
                                                 we have negotiated to ensure fairness in
of ICTU was that the criteria allowed                                                             framework of assessment “the way reward
                                                 promotions to Assistant Principal and Special
awards to be reduced due to the absence                                                           systems are structured in the private sector”.
                                                 Duties Posts.
of performance related pay. Performance                                                           This has again been included in the current
Related Pay in which a superior/principal                                                         terms of reference despite the opposition
decides on the portion of a pay increase.        On the other hand no attempt has been            of TUI. Under a previous benchmarking
This is the end objective of performance         made by Government or health service             exercise for higher paid public servants
management. This system has seriously            employers to introduce individual appraisal      (Buckley Report), reductions were made
damaged education in other countries.            in hospitals for nurses and doctors. As in       to certain awards because of the absence
It undermines collegiality and demotivates       schools, a large proportion of employees         of performance related pay systems for the
professionals.(1)                                are professionals.                               grades concerned.


   4     TUI NEWS
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The original benchmarking body which           Collegiality                                       References
dealt with our members did not make
any recommendation on performance              Teachers are the most accountable of all           (1) Roche, Professor William, 1998
related pay stating “Pending a review of       professionals. We are subject to individual            “Working together for excellence in
the operation of Performance Management        inspection, subject inspection and whole               the Public Service” Paper 2, IPC/NPC
Development Systems, the Body decided          school evaluation. In accordance with our              Conference, March 5, 1998 (cited in
that any recommendation in relation to the     status as professionals, these processes are           ICTU submission to Benchmarking Body,
introduction of performance related pay        carried out by a professional inspectorate.            2000.ICTU)
would be premature”.
                                                                                                  (2) Fitzpatrick Associates, 1999. Review
                                               We also have subject inspection. A Teaching
                                                                                                      of public Service pay Determination
The current national partnership               Council has now been set up under
                                                                                                      (Report to Department of Finance and of
agreement, Sustaining Progress,                which a fitness to practice committee can
                                                                                                      the Taoiseach) August 1999
stipulates that full and robust appropriate    process complaints against teachers. These
performance management systems must            procedures are in accord with the ethos            (3) Murgatroyd, Prof Stephen Total Quality
be put in place throughout the entire public   of collegiality under which all the teachers           Management in the Public Service
service by January 2005 (Section 20.7)         as a collegium take responsibility for the             Library of the Teaching Centre, St
This applies to schools.                       education of students.                                 Patrick’s Drumcondra Leadership and
                                                                                                      Followership as a Relational Process
The Department of Education is now             In Institutes of Technology we have course             -- Russell 31. Murgatroyd, S. and Gray,
insisting that Principals and Deputy           reviews, department reviews, school reviews            HL (1984) ‘Leadership and the Effective
Principals be benchmarked separately           and external peer review as part of a                  School’, in P. Harling (ed.)
from all other grades of teacher. This         rigorous quality assurance system.                     New Directions in Educational
would facilitate the award of separate pay     Just as the diagnosis and treatment of patients        Leadership. London: Falmer.
rises and separate changes in duties and       is the most important activity in a hospital,
responsibilities. This approach strengthens    the teaching of students is the most important     Paddy Healy, President
the fear that the Department intends to        activity in a school. Any policy which deems
fundamentally change the governance            administrative duties to be superior to              Teacher Unity
of schools from the collegiate to the          teaching duties is destructive of the collegial      A plenary meeting of the executives of TUI,
industrial/managerial model. Under such        ethos and the professional status of teachers.       ASTI and INTO took place in the Gresham
                                                                                                    Hotel on Friday September 9th to discuss
a model, the principal teacher would
                                                                                                    Benchmarking issues.
be replaced over time with a manager           Performance management of professionals
                                                                                                    The meeting was hugely constructive and
who would have a role in performance           by administrators (so-called superiors) is           must be seen as a first step towards a
managing teachers, promotions, hiring          tantamount to reduction of teaching from a           common approach on these issues.
and firing and determining a portion of         profession to a job. There is ample eminent          Further discusses are envisaged with the
pay based on performance. Because              opinion in support of the view that collegiality     meeting also acting as an important first
such a development would excite strong         is central to a successful education system (3)      step towards maximising solidarity between
opposition if implemented suddenly, it         The policy of the Department of Education,           teachers generally.
would be “rolled out” incrementally over       if implemented, will seriously damage the            Both the depth of the discussions and the
a number of years in line with current         Irish education system and the pay and               constructive atmosphere bodes well for
                                                                                                    the future.
“change management” strategies                 conditions of our members in the process.




                                                                                                                               TUI NEWS    5
  www.tui.ie




Training Seminar for VEC Staff Reps
Gresham Hotel, Dublin 26/05/05
After an opening address by Mr
Paddy Healy,TUI President, Mr Oliver
Mahon BL elaborated in detail on
“the legislative framework for VEC
members: new developments and
directions,” focussing on three areas:


1) A summary of the legal basis
   for the VEC sector since the
   1930 Act.
2) The changed nature of a VEC
   since the Vocational Education
   (Amendment) Act 2001.
3) Four Specific ‘Problem Areas’
   for Staff and Parent
   Representatives i.e.
       a) The role of members elected by
          staff and parents                      OLIVER MAHON, JIM DORNEY AND DR BARNEY O’REILLY AT THE VEC STAFF REP TRAINING DAY, GRESHAM HOTEL, DUBLIN

       b) Confidentiality issues
       c) The role of the CEO
                                                 reserved function shall be an executive              The Role of Staff and Parent
       d) Reserved and Executive functions
                                                 function of a VEC”. Thus the powers of               Representatives
                                                 the actual Committee are greatly                     Conscious that “education works best when
It is worth examining these areas briefly,        altered. A VEC is explicitly precluded               organised on a partnership basis...
beginning with the last since it is the key to   both from performing executive functions             so evident in all recent education legislation”
understanding the changed responsibilities       and from directing the CEO as to their               (Mahon), the intention of having these
of a VEC.                                        performance” (Mahon). If a dispute arises as         representatives is ‘to try to ensure’ that VEC
                                                 to the nature of a function it is to be referred     decisions are informed by the views of these
Reserved and Executive Functions                 to the Minister for decision (Section 11.4).         two important groups. However the new
The concepts of ‘reserved’ and ‘executive’       Under recent legislation, the Minister has a         reserved versus executive function distinction
functions have been well established in Irish    more complete control of the VEC sector.             means that the VEC members are restricted
local government over sixty years. Simply                                                             to mainly policy formulation/planning and
put, all functions or responsibilities fall      The Role of the CEO                                  away from the administration of the system.
into either of these categories. Executive        From the above it is obvious that the
functions may only be performed by the           CEO’s role has been radically enhanced in            The key difficulty for staff/parent
County Manager (or CEO in this context),         the 2001 Act. Section 15 states that (s)he           representatives is that while they represent
while reserved functions may only be             must perform the executive functions                 and report back to their ‘constituencies’,
performed by the elected members.                and manage VEC business on a daily basis             they are part of the decision making body
                                                 as well as implementing the service plan.            and must abide by the principle of collective
Broadly, reserved functions deal with policy     All staffing functions (e.g. appointments,            responsibility. In practice, whenever a
making or financial matters. These are            promotions) are the CEO’s responsibility,            divisive issue is dealt with by the VEC,
specified in the Vocational Education             except, of course, the appointment of the            members quite properly will voice their
(Amendment) Act 2001, e.g. adoption of a         CEO him/herself. As a VEC employee,                  opinions and even disagree heatedly.
Service Plan and Annual Report, establishing     (s)he must follow the committee’s policies           However, when a vote is taken or the
and dissolving Sub-committees, purchasing        and inform and be accountable to the VEC             proposal becomes a VEC decision, the
or leasing land, scholarships, borrowing, etc.   while retaining “day to day autonomy and a           member must support it as the collective
A key provision, section 12.1 states             statutory guarantee against interference from        decision. If a representative cannot do so
“ Every function of a VEC that is not a          the committee” (Mahon).                              in conscience then resignation is the only


   6       TUI NEWS
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honourable course. With the “separation”           After lunch, Dr Barney O’ Reilly, CEO
of executive and reserved functions, though,       of Kerry Education Service, delivered a
such a situation is less likely to arise.          very informative presentation on “VEC
                                                   Management and Administration: Corporate
Confidentiality Issues                              Governance for VECs”. He traced recent
                                                   legislation and Circular Letter 11/05, leading
As mentioned above, principles of                  to improvement and modernisation of
accountability and transparency can conflict        public service management. Emphasising the
with those of proper confidentiality and            division of reserved and executive functions
collective responsibility. Rather than the         as a key structure, he highlighted and detailed
extremes of absolute secrecy or complete           five key verbs (or functions) from the 2001
disclosure, a balanced position is preferable      Act. VECs must PLAN, CO-ORDINATE,
and possible, whereby elected members can          REVIEW, ASSESS and CONSULT. They
report back judiciously and sensitively to their   are accountable to various organs of State
constituencies. VECs are not BOMs which            (the Minister, Department of Education
conduct their meetings in private.                 and Science, the Comptroller and Auditor
                                                   General, the Oireachtas through the Public
The questions and debate continued over tea        Accounts Committee), to parents, to
break. Afterwards, three TUI colleagues            staff and to the community. For example,
(Ms Mary Farrell, Longford, Mr Nicholas            planning requires a five-year Education Plan
Ryan, Sligo, and Mr Denis Magner, Offaly)          (e.g. 2006-10), setting out priorities and
reported their experience of and advice            objectives and the measures to achieve them.
on VEC membership. Essentially, staff              An Annual Service Plan details these further.
representatives need to attend branch and          The Annual Report gives an account of its
VEC meetings and familiarise themselves            stewardship for that year.
with new legislation, circular letters and TUI
policies. Avoiding ‘party politics’, one can       Each VEC member has received an
thus consult, inform, lobby and network            ‘Information Pack and Handbook’ detailing
with other VEC members and staff, arguing          the legislation, codes of Best Practice and
from enlightened ‘best practice’ rather than       of Ethics for all aspects of VEC governance,
union policy alone. Principles of partnership,     and providing templates and draft policies.
transparency and accountability underpin           From the 1998 and 2001 Acts, Dr O’Reilly
recent legislation, and so must inform             highlighted four areas needing thought and
all VEC policy and practice. There followed        attention. Firstly, as the body corporate, the
detailed questions and discussion of               VEC is legally responsible for the actions of its
problems emerging.                                 schools, BOMs and staff, so it must (a) advise,




                                                                                                       TUI NEWS   7
  www.tui.ie




                                                    are responsible for risk management e.g.            process). Better resourcing of both the IVEA
                                                    Health and Safety measures etc. Fourthly,           and an IVEA/TUI forum at a national level
                                                    VECs act as an appeal forum.                        would be necessary, as would appeal/review
                                                                                                        mechanisms for employment cases.
                                                    Finally, Dr O’Reilly identified areas of
                                                    VEC-TUI concern. As the VEC is responsible          Delegates then participated in one of three
                                                    for policy and procedures, its executive            workshops on Pro-active Representation,
                                                    structures (CEO-BOM-Principal-Staff) should         Review of TUI guidelines for staff
                                                    implement these, following the principle of         representatives or Liaison with the local
                                                    subsidiarity i.e. individual cases are dealt with   Branch and Head Office.
                                                    at the most suitable, local level. (The sole
                                                    exception to this is a decision to suspend          After feedback and discussion, Mr Tim O’
                                                    an employee, which must come before the             Meara, vice-president TUI, concluded the
                                                    VEC). Secondly, he advocated local interface        seminar, thanking all involved, especially
                                                    between individual VECs and TUI branches,           Mr Declan Glynn for his organisation and
DELEGATES AT VEC STAFF REP TRAINING DAY
                                                    and national dialogue between IVEA and              co-ordination of the day. All members
                                                    TUI to agree procedures and protocols.              owe a debt of gratitude to their VEC staff
assist and support these and (b) review these,      Individual VECs vary greatly, as decentralised      representatives for their service in the
confirming or repealing decisions. Secondly,         education providers. Dr O’Reilly pointed            challenging times ahead.
VECs are legally responsible for their policies     out the value of such local experience in the
and consequently must follow (a) and (b)            National Partnership Forum (the consultation        John McDonagh, Staff Rep,
above (i.e. the five key verbs). Thirdly, VECs       vehicle for the Civil Service modernisation         Kildare VEC




  Dissemination of Inspection Reports
  The Minister for Education and Science,           provide the reader with valuable information
  Mary Hanafin, has invited the Union to             on the educational opportunities provided by
  meet with the Department’s Inspectorate           the school.The comments that they contain
  to discuss how wider availability of School       are fully sensitive to the context in which the
  Inspection Reports can best be effected.          school operates in a way which is not possible
  In issuing the invitation, the Minister has       with league tables.
  reiterated her opposition to League Tables,
  stating that:                                     Inspection acknowledges the importance
                                                    of involving the whole school community
  “such tables, based on examination or test        in evaluating the school and naturally, an
  results, provide an unbalanced and grossly        inspection report is of interest to the school’s
  limited indication of a school’s performance      management, its teachers and parents.
  and that in the longer term, these tables         WSE reports in general also contain valuable
  can damage the overall quality of the             information that will be of interest to schools
  school system.”                                   who may wish to learn from the experience of
                                                    others and to parents who need accurate and
  Continuing, she advises that:                     balanced information when selecting
                                                    a school.”
  “In contrast to school league tables, I believe
  that school inspection reports from WSE,          The Union will be attending the meeting,
  Subject Inspections and other evaluations         which is scheduled for Wednesday, 14th
  can provide balanced and well-informed            September, with a view to hearing the views
  information on schools.When read in their         of the Inspectorate and assessing the position
  entirety, school inspection reports can           in the light of the views expressed.                MINISTER MARY HANAFIN




   8     TUI NEWS
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Institute News
The Fees Debate

It seems that a summer cannot                  a different issue and a different debate as       ‘Companies in the technology and e-
pass without somebody raising                  to whether fees should be restored. The           learning sectors stand to benefit in the
the issue of the re-introduction               restoration of fees will either not at all or     context of the more technologically literate
of fees for third level. This summer           minimally affect two groups: those who            learning community that higher education
has been no exception and during               fall within the income levels of the third        is creating in Ireland. It is not unreasonable
the ‘silly season’ the issue was               level grant will not be affected by the re-       therefore that they should be asked to
raised yet again and the ensuing               introduction of fees as by definition they         contribute some of the funding and
debate occupied newspaper space                would not be paying fees in any event.            facilities that would establish a national
and airtime.                                                                                     e-learning community’.
                                               Minimally, if affected at all, are the wealthy
The main view being put forward by those       for whom the payment of fees is but a minor       The Union would welcome a debate not
supporting the reintroduction of fees is       inconvenience as their overall wealth and         on the limited agenda of re-introduction of
that the third level institutes in Ireland     income is with regard to the level of fees a      fees; whether or not third level education is
are under-funded. Such a view is being         mere trivia. Those likely to be affected by the   adequately funded and who pays for such
presented in a manner that it appears that     reintroduction of fees are the large group        third level education. But on the overall
opponents of the reintroduction of fees        of the population who lie within those two        issue of the adequate funding of a mass or
are somehow of the view that there is no       extremes; those for whom the payment of           universal system of higher education being
such under-funding. The TUI position is        fees represents a very significant expenditure     developed in this country, beneficiaries of
very clear in this regard: there is no doubt   and more so where more than one member            this education system, the extension of the
in TUI that the funding for third level and    of the family has to be supported in third        taxation provision across the board not of
in particular in Institutes of Technology is   level education.                                  personal tax rates direct or indirect for the
seriously deficient, and a very significant                                                        majority but a fair an equitable taxation
increase in funding is required. The Union     Prior to the introduction of fees, such           system at both individual and corporate
agrees with of the rationale put forward in    people had through long-term savings, made        level. Such a discussion is worthwhile.
respect of third level education – increased   provision for keeping their offspring students
funding is required to improve the stock       in third level education. The reintroduction      Meanwhile, the TUI applauds the
of the third level sector and to allow it to   of fees in any short timescale will make          continuing stance of the Minister of
be in the top flight worldwide. However,        such participation in third level prohibitively   Education and of the present Government
TUI does not agree that the source of such     expensive and will reinforce social divisions     in its reiteration of the fact that the
funding should be the students.                between those who can attend third level          re-introduction of third level fees continue
                                               education and those who cannot, which             to be ‘off the agenda’. Agreement
The union view is founded on a view of         in turn will reinforce social divisions within    between teacher unions and ministers
society, a society which believes there are    society.                                          of education may be relatively infrequent,
basic fundamentals provided by the state                                                         however on this occasion the agreement
out of taxation. There is no issue that a      It is the Union’s view that the increased         is strong.
good health service, social welfare service,   funding for third level, be it Institutes of
and education system is part of this social    Technology or university, is something
structure which should be provided from        which falls to the central exchequer and
taxation. The issue which appears to arise     subsequently to the taxpayer. As part of its
is whether or not third level education is     submission to the OECD Report on Third
part of this fundamental requirement or        Level Education, the union has put forward
whether third level education is a luxury      the view that some of this additional funding
accessible to those who can afford it.         might be levied on some of the corporate
Whatever the rights or wrongs of the           beneficiaries of a mass system of higher
decision to remove fees from third level,      education, as is being developed in Ireland.
a decision the union supports, it is now       To quote from the submission to the OECD:


10    TUI NEWS
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Agreement on Cork School
of Music Contract

TUI welcomes the agreement of the
contract for the new Cork School of Music
(CSM) Public Private Partnership project.
Much of the credit here must go to the
staff of the school who have continually
lobbied the Department of Education
and Science during the various delays in
formulating the school’s future.

The school will be built on the existing
School of Music site on Union Quay
and will be a significant and welcome
contribution to the overall regeneration
of the City Centre and the docklands
                                               CORK SCHOOL OF MUSIC
area of Cork City. Facilities will include
specialised tuition rooms, lecture rooms,
rehearsal halls, a recording studio, drama       Higher Diploma                                    The Diploma course is delivered through
suite and library.                               in Professional Education Studies                 a combination of regionally-based outreach
                                                 (School Planning)                                 sessions (between October and May) and
Work on the project will commence                                                                  central summer school sessions. Most
immediately and under the terms of the           The Higher Diploma in Professional                outreach sessions take place at weekends
contract the new CSM will be completed           Education Studies (School Planning)               (Friday evening/Saturday), though
and available by September 2007.                 provides accreditation for a one-year             there may be one or two single evening
                                                 training programme conducted by SDPI.             sessions. The course culminates with a
                                                 It was initiated in 2002 as a partnership         week-long summer school in late June.
Labour Court Hears                               project by the School Development                 The regional centres for the outreach
Incremental Credit Issue in                      Planning Initiative and NUI Galway,               sessions in 2005/06 will be finalised in
Institutes of Technology                         with the support of the Department of             accordance with the geographical pattern
                                                 Education and Science. The three-year             of applications. A regional centre can be
The longstanding claim for the application       initial pilot phase has just concluded.           established only where there are sufficient
of the recently agreed incremental credit        We are happy to announce that approval            applicants from the area to make it viable
structure to those appointed since the           has been granted for a second phase.              and where personnel are available to
PCW was heard by the labour court.                                                                 deliver the course. During the pilot
A strong submission was made by the              The Department of Education and                   phase, there were regional centres in
Union for the application of the agreement       Science will continue to meet the tuition         Dublin, Cork, Galway and the Midlands.
to those members of the Union appointed          fee for the School Planning Diploma,              Other venues may be considered if
since the introduction of the PCW. The           thus providing the equivalent of a                numbers warrant.
new agreement is being implemented now           four-figure subsidy to each participant.
in respect of all new appointments – a           In 2005/06, participants in the Diploma           Detailed Information on the Diploma
Circular Letter to this effect was issued in     course are required to pay only the NUI,          course is available, together with an
March 2005, the Circular Letter reference        Galway registration fee of €650, which            Application and Registration Form from
is IT01/05 which has been circulated both        entitles students to full access to library and   from the SDPI website www.sdpi.ie.
to all Institutes and to all Branches and is     student services, and covers examination          The closing date for registration is 23rd
to be found on the TUI website: www.tui.ie       and certification fees.                            September 2005.



                                                                                                                                TUI NEWS       11
  www.tui.ie




Discipline Interim Report
‘Lacks Cutting Edge’




MINISTER OF EDUCATION & SCIENCE, MARY HANAFIN AND DR MAEVE MARTIN NATIONAL UNIVERSITY OF IRELAND, MAYNOOTH AT LAUNCH OF INTERIM REPORT


Interim Report of Discipline Task                   TUI warmly welcomes the report’s                  We are discouraged that the Task Force, at
Force ‘Lacks Cutting Edge’                         recognition that the problem of pupil              least as yet, has not suggested reducing class
                                                   disruption “may be more manifest in some           sizes in a targeted way.”
The interim report of the Task Force on            schools than in others”. TUI asserts again that
Student Behaviour to the Minister for              all schools are not the same. Schools, which       TUI notes that the right to learn of the
Education and Science, Ms. Mary Hanafin,            - by virtue of their open enrolment policies       majority of willing pupils is espoused in the
T.D., was published at the beginning of July.      and location in areas of socio-economic            report. However, the Task Force has shied
While welcoming the publication of the             deprivation - have a disproportionately large      away from anything specific to support the
report, TUI Assistant General Secretary            intake of pupils who exhibit challenging           majority of willing learners. Why doesn’t the
Declan Glynn highlights a number of                behaviour, should be resourced to meet             Task Force consider legislative change, we
concerns the union has with the findings            the needs of their entire cohort of students.      wonder? Why would the Task Force, as it
to date.                                           The provision of a significantly preferential       appears to have done, limit the scope of its
                                                   teacher to pupil ratio and additional specialist   own work? The terms of reference of the
“Whilst recognising that this is an interim        personnel is essential to this end. We applaud     Task Force allow for legislative change, and
report, TUI considers that the Task Force          the Task Force for noting the desire to            TUI believes that, as in Canada and Spain
has been excessively cautious: in our view         ensure that “responsibility for catering for       for example, clear codifying in law of pupils’
its caution is at the risk of a serious loss of    disruptive students be shared as equitably         responsibilities in their own learning would be
momentum and impetus for change.                   as possible across the spectrum of schools         welcome. TUI fears that on the evidence of
TUI is disappointed that the report does           in a given locality”, and we look forward          the report the balance of rights is still tipped
not identify solutions. We do not think            to a pragmatic recommendation to give              in favour of the disruptive pupil.
it unreasonable that pragmatic solutions           effect to this. TUI will continue to insist that
should have been offered at this stage,            the recognition that some schools carry            TUI notes that the Task Force is dubious
given the strong “solution-oriented” focus         a disproportionate burden is addressed             about the merits of Pupil Referral Units.
of its work.”                                      through tangible and practical interventions.      We have not advocated the establishment

  12     TUI NEWS
                                                                                                                                         www.tui.ie




of such units. TUI draws the distinction           of concern”. These areas, set out below, will       repeating however that it is unfair and
between (external) Pupil Referral Units and        inform the Task Force’s recommendations.            facile to return to schools and to individual
(school-based) Learning Support Centres or                                                             teachers responsibility for pupil disruption.
Guidance Units, which we have consistently         1     Section 29 – “recommendations aimed           Schools are not the problem. Teachers
advocated. It is absolutely essential that a             at improving this very time consuming,        are not the problem. The problem derives
properly resourced withdrawal process                    stressful and expensive process”              from the needs of pupils, and its solution
is established in schools to allow for the         2 Engaging parents – will make relevant             lies in the interventions we provide for
immediate withdrawal of significantly                     recommendations “to improve the               them. The teacher does not need fixing,
disruptive pupils.                                       home/school relationship”                     and, in a situation in which the high quality
                                                   3 Teacher education – “specific themes for           of our schools and teachers is constantly
At this point schools badly need to know                 continuous professional development”          extolled, citing the performance of teachers
what measures they can take to address                   and “teacher preparation”                     as a significant causal factor of their
disruption that are fair but also enforceable;     4 Diverse cohort – resource implications            pupils’ disruption is at best an unwelcome
that protect the interests of the majority of            - “recommendations aimed at                   distraction. This is particularly so when
willing learners, but also the right of teachers         streamlining”.                                one considers that the last Department
to teach in a safe and orderly environment;        5 Empowerment of students – “making                 of Education and Science Circular Letter
and that also address the education and                  them part of the solution”                    offering guidance to schools on formulating
socialisation needs of the pupils causing the      6 Quality of leadership and professional            codes of behaviour issued in 1991 and the
disruption. We believe that a minority of                competence – the Task Force sees              type of “continuous high-quality professional
students exercises a disruptive influence out             that it has a role to play in examining       development for staff” which the Task Force
of all proportion to its size but many schools           the “negative consequences of                 has called for has never been provided.
feel unable to deal with the problem under               under-performing teachers and
current structures. For such continually                 ineffective leadership” and will make         TUI will welcome practical, well-grounded
disruptive pupils, for whom early intervention           recommendations in this regard.               recommendations in most of these areas
measures (where available) have not had            7 A whole school approach –                         however, and we wish to work with the Task
led to improved behaviour, a specialist                  “recommendations aimed at integrated          Force to that end. We note that the Task
in-school support unit with the provision of             thinking and coherent policy”                 Force has acknowledged the lack of impact
expert staff to assist their re-introduction       8 Time to function effectively                      of the two previous reports on behaviour
into mainstream classes is required. The                 – “recommendations to streamline              in second level schools (1982 and 1997)
Task Force seems to have had a strong focus              the functioning of key personnel with         and the failure to implement many of the
on policies and practices at school level, but           designated pastoral care roles”               recommendations of those reports, and we
appears to have paid scant attention to such       9 Transition from primary to post-primary           take its acknowledgement as a signal of intent
structural change. The report states that                – “schools that prepare carefully are less    that the same fate should not befall its work.
“reflections on current practice … some                   troubled”: models of good practice will       We will make further representations to
effective new measures, combined with some               be identified                                  the Task Force over the course of the next
modified ways of working could produce              10 Rights and responsibilities – the Task           number of months and will set out again in a
positive outcomes”. One would hope that                  Force will consider teachers’ rights to       forthcoming edition of TUI News our policy
this does not represent the sum of the Task              teach and make recommendations that           position and demands of this process. We will
Force’s plans. TUI’s research points to the              “will align the rights and responsibilities   conduct an audit of members’ experiences
need for (1) a properly resourced and staffed            of all in the school community”               in dealing with disruptive behaviour having
withdrawal process (2) specialist in-school        11 Interagency working – the Task Force             regard, in particular, to the amount of time
support units, (3) short-term ‘off-site’ or              will explore “cross-sectoral work” to         spent on addressing disruptive behaviour.
home tuition for continually disruptive pupils           support vulnerable students                   When the audit form gets to you, please fill
and (4) a range of permanent alternative           12 Provision for seriously disruptive               it in and return it to us. It is in everybody’s
provision for disruptive pupils with very                students – “how to make provision for         interests that you would do so.
exacerbated needs.                                       both categories”. The Task Force will
                                                         visit centres of alternative provision
The report identifies 12 areas which are            It is not possible to deal with each of these
“taken as representative of the central issues     areas in turn in this brief overview. It bears


                                                                                                                                    TUI NEWS    13
 www.tui.ie




Notices
Education, the Vital Link
- Attention Deficit Hyperactivity
Disorder (ADHD)

Conference for parents, teachers and
childcare professionals at Moran’s Red Cow
Hotel, Naas Road, Dublin 12 on Saturday
12th November 2005

HADD Family Support Group, a voluntary
organisation supporting parents and
educating professionals, this year celebrates
its 25th anniversary by launching an            TUI DELEGATES PICTURED AT ICTU BIENNIAL CONFERENCE, BELFAST. L-R ASSISTANT GENERAL SECRETARY
                                                ANNETTE DOLAN, VICE PRESIDENT TIM O’ MEARA, EXECUTIVE MEMBER PAT MCQUAILE, PRESIDENT PADDY HEALY,
Education Strategy Resource Book for
                                                EXECUTIVE MEMBERS TOM DOOLEY AND JACQUELINE SHEIL, DEPUTY GENERAL SECRETARY PETER MACMENAMIN
teachers on ADHD, and by hosting this
conference with the theme, Education,           • Wyn McCormack, Guidance counsellor,
the Vital Link.                                                                                      For Booking Form and
                                                  resource teacher and author of Lost for            Conference Information
                                                  Words, dyslexia at second level schools.
In Dublin on Saturday, 12th November                                                                 Please contact the organiser, Clara Clark,
2005, you will have the opportunity to hear     • Dr Amanda Kirby, founder of the                    Clara Clark Event Management Ltd,
key experts on how education can help those       Dyscovery Centre in Cardiff, which is              17 Pine Lawn, Newtownpark Avenue,
affected with ADHD, how specialist support        recognised internationally for its work on         Blackrock, Co. Dublin E: info@claraclark.ie,
can help to develop their full potential,         Dyspraxia and related specific learning             Tel: 01- 289 8533, Fax: 01- 289 8817
as well as inform teachers and childcare          difficulties.
professionals. Speakers will include:           • Sharon Weiss. M. Ed. A behavioural                 To talk to HADD Family Support
                                                  consultant in USA. She is co-author of             Group, contact Carmichael Centre for
• Fintan J. O’Regan, MA BSc. Behaviour            From Chaos to Calm: Effective parenting of         Voluntary Groups, Carmichael House,
  Management Consultant, author of How to         challenging children with ADHD and other           North Brunswick Street, Dublin 7.
  teach and manage children with ADHD.            behavioural problems.                              Tel: 01- 847 8349


  2005 Eating Distress Conference                                                                     Fees                Before              After
                                                                                                                          1 Oct 2005          1 Oct 2005
  Anorexia and Over-eating:                     • Dr. Michael Corry, Consultant Psychiatrist          IAEDP                   €80.00              €100.00
  Two Sides of the Same Coin.                     with the Institute of Healing, Dun Laoighre         Member
  The Role of Family and Professionals          • Bodywhys – The Eating Disorders                     IAEDP                   €90.00              €100.00
  in the Treatment of Eating Distress                                                                 Non-Member
                                                  Association
  Crowne Plaza, Santry,
  Dublin on Friday October 21st                 • Dr. Louise Braben, Consultant Psychiatrist           * International Academy of Eating Distress Practitioners
                                                  with Newmarket House, Norwich                        * Registration limited to 200!
  Guest Speakers and Workshop Delegates         • Penelope Bailey, Director and Founder
                                                  of Newmarket House, Norwich                        If you have any questions or would like
  • Dr. Hana Papezová, MD., PhD, Prof.                                                               to attend, please phone or e-mail:
                                                • Thomas Glowatzki, Father
    Assoc. Psychiatrist, Head of Eating
    Disorders Unit                              • Dr. Tarek Zourob, GP & Eating Distress             The Marino Therapy Center
                                                  Specialist                                         Tel: 01 8333126
  • MU Dr. Antonín Paøízek, CSc.,
    Department of Obstetrics and                • Marie Sosková-Campion, Nutritionist,               E-mail: marinotherapy@hotmail.com
    Gynecology, Charles University and            Founder of The Marino Therapy Centre,              Visit our website at
    General Faculty Hospital, Prague              Author                                             www.marinotherapycentre.com


  14     TUI NEWS
                        welcome to
                        second level teaching
You are most welcome to the                                          Qualifications – Second Level Sector
                                                                     Qualifications – Second Level Sector
teaching profession and to our                                       • To be qualified as a second level teacher in the vocational sector
public sector schools and centres.                                     you must hold a recognised degree (or equivalent) in at least one
                                                                       of the subjects on the Leaving Certificate programme.
We wish you the very best in what                                      A document known as Memo V7 details the specific
                                                                       requirements. Currently, a Higher Diploma in Education is
we are sure will be a long, eventful                                   not a requirement for recognition as a qualified teacher in the
                                                                       vocational sector.
and fulfilling career.                                                • In Community and Comprehensive Schools you require either
                                                                       an appropriate degree (or equivalent) and the Higher Diploma
Always bear in mind that the work you do is of fundamental
                                                                       in Education (or equivalent) or an appropriate degree that
importance to society. In an increasingly complex world you will
                                                                       includes a training in teaching qualification to be recognised
provide the instruction, guidance and - more often than some
                                                                       as fully qualified and eligible for appointment as a permanent
bilious commentators would have you believe - the inspiration that
                                                                       wholetime teacher.
will sustain young people as they proceed into adulthood.
                                                                     • Generally speaking, subjects taken in final year degree
As you begin your career, the TUI would like to offer some             examinations may be taught to Leaving Certificate level while
practical advice based on the experience of our members over           those taken in earlier years of the degree course may be taught
several years.                                                         to Junior Certificate level.

Employer                                                             Qualifications – Further Education Sector

• All teaching positions with public sector employers, other than    • To be fully qualified for a teaching position in the Further
  casual short-notice positions, are filled following advertisement     Education/Post-Leaving Certificate area, in Youthreach Centres,
  in the national press and competitive interview.                     Traveller Training Centres or in the Prison Service, you must
• Your employer is either the Vocational Education Committee           hold a qualification that satisfies either the terms of Memo V7
  or, in the case of teachers in Community and Comprehensive           or the terms of Department of Education and Science Circular
  schools, the Board of Management.                                    Letter 32/92.
• In the case of a VEC, appointment is to the “scheme” (normally     • Both Memo V7 and CL32/92 can be downloaded from the
  defined by county) which means that one may be assigned to any        TUI website.
  Vocational School or Community College within the scheme and
  may, in subsequent years and subject to protocols agreed with
  the union, be transferred within the scheme.                       Contracts / Written Statements

• Community and Comprehensive schools are stand-alone                • All part time teachers have contracts whether written or not.
  employers.                                                           The Industrial Relations Act, 1990, specifies that contracts of
                                                                       employment may be “expressed or implied, oral or in writing.”
Qualifications – General
                                                                     • The Terms of Employment (Information) Act, 1994, stipulates
• You need absolute clarity about your qualifications. What are         that employees who have been employed for more than one
  you qualified to teach? Are you recognised by your employer           month and who are normally expected to work at least 8 hours
  and/or the Department of Education and Science as a fully            per week are entitled to a written statement regarding their
  qualified teacher who is eligible for appointment to a permanent      employment contract or relationship.
  wholetime teaching position in your subject/specialism?
                                                                     • Employers are required to provide employees with a written
                                                                       statement of particulars of the employee’s terms of employment
                                                                       within 2 months of the date of commencement of employment.




16    TUI NEWS
        welcome to second level teaching


A written statement should contain:                                  Contracts and Salary – Permanent Wholetime Teachers

• the name of both you and your employer                             • By definition, a permanent wholetime teacher is deemed to be
                                                                       fully qualified.
•   the address of your employer
                                                                     • In your first year of service as a permanent wholetime teacher
•   the place of work                                                  you will be placed on the third incremental point of the Common
• the job title or a description of the nature of the work             Basic Scale if you hold the Higher Diploma in Education (or
• the date of commencement of employment                               an alternative, recognised training in teaching qualification)
                                                                       and on the second incremental point if you don’t. Your salary
• the nature of the contract                                           comprises the appropriate point of the CBS plus the qualifications
• the rate of pay, method of calculation and frequency of payment      allowances to which you are entitled. Two qualifications
•   the hours of work                                                  allowances can be held – typically, for a primary degree and the
                                                                       Higher Diploma in Education.
•   the entitlements to paid leave
• the period of notice required                                      Contracts and Salary – Part-time Teachers
•   reference to any collective agreement affecting the terms        Pro-rata Contracted
    of the contract
•   details of relevant disciplinary procedures                      • If you are a fully qualified part-time teacher (i.e. with fewer than
                                                                       22 teaching hours per week) and have been engaged to teach for
                                                                       a specified number of hours per week over the course of the full
• Any change in the contract must be notified to you within one         school year (with a start date not later than 1st November) you
  month of the change having taken place.                              are entitled to a pro-rata contract.

• Disputes regarding any aspect of a contract of employment can      • This is a written, fixed-term, contract of employment and must
  be dealt with directly with your employer with the assistance of     be signed.
  TUI, where required.                                               • The standard contract is appended to Circular Letters PPT
                                                                       19/03 (Community and Comprehensive schools) and PPT
• Your employer must provide with every wage packet a written          20/03 (VECs) which can be downloaded from the TUI website.
  statement of gross wages and the nature and amount of any          • To be entitled to a pro-rata contract you must have been
  deduction made from that gross amount.                               appointed following a formal selection process. This process
                                                                       involves advertisement of the position in the national press and
                                                                       competitive interview by a properly constituted interview board.
                                                                     • If your appointment was not subject to a formal selection
                                                                       process you are not entitled to a pro-rata contract.
                                                                     • If you otherwise satisfy the conditions for award of a pro-rata
                                                                       contract (i.e. if you are qualified and have specified hours over
                                                                       the course of the school year) but have not been appointed
                                                                       following a formal selection process, you should contact your
                                                                       TUI School Representative and, assisted by her/him, ask your
                                                                       employer to advertise the position and make an appointment
                                                                       following a formal selection process. There is the risk in this that
                                                                       you might not be appointed but the cost to you of not pursuing
                                                                       the matter is considerable.
                                                                     • If, before 1st November, additional teaching hours are added
                                                                       to your weekly timetable – as sometimes happens after the
                                                                       commencement of the school year when a school’s timetable
                                                                       eventually “settles” - your contract is augmented to take account
                                                                       of those hours.




                                                                                                                          TUI NEWS     17
          welcome to second level teaching


 •     Any further hours – undertaken on an occasional basis - that        • The current fixed hourly rate of payment for these hours is
      are worked by a pro-rata contracted teacher during the school          €43.19.
      year will be paid at an hourly rate calculated by dividing the sum   • If, as such a teacher, you work for more than 150 hours in the
      of your point on the CBS and your qualifications allowances by          school year each additional hour in excess of 150 will be paid at
      735 (i.e. the number of teaching hours in the school year of a         an hourly rate calculated by dividing the sum of your point on the
      permanent wholetime teacher).                                          CBS and your qualifications allowances by 735 (i.e. the number
 • Having a pro-rata contract means that you are entitled to a               of teaching hours in the school year).
   salary for the full school year. For this purpose the school year       • This type of contract applies in cases in which the work arises
   runs from the date of commencement of your contract to 31st               only on an intermittent basis and where the employer may
   August, inclusive. The commencement date must fall within the             reasonably expect that the hours worked will not exceed 150 in
   period from 1st September to 31st October, inclusive.                     the course of the school year.
 • Your salary for the school year is based on your hours as a
   proportion of the wholetime hours (22). To calculate your
   salary, you apply that proportion to the sum of your point of the       Permanency
   CBS and your qualifications allowances.
                                                                           • It is a policy of the TUI to seek permanent wholetime teaching
 Example: Annual Salary of (a) a Permanent Wholetime Teacher                 contacts for the greatest possible proportion of the teaching
 and (b) a Pro-rata Contracted Teacher, in their first year of service        force. Currently, VECs and Community and Comprehensive
Status                        Wholetime                 Pro-rata             Schools are entitled to appoint up to 95% of their teaching
Hours                              22                      15
                                                                             allocation on a permanent wholetime basis. The 5% leeway
                                                                             means, in practice, that every year vacancies arise for part-time
CBS-3rd Point                   €30,399                     -
                                                                             positions. Customarily, a significant number of new entrants to
Degree (Hons)                    €4508                      -
                                                                             the profession will first secure these positions, as opposed to
H.Dip (Pass)                      €541                      -                permanent posts. The legitimate expectation of such teachers,
(a) Annual Salary               €35,448            (€35,448 x15) ÷ 22        however, is that temporary and/or part-time experience will
(b) Annual Salary                   -                   €24,169              significantly improve their chances of subsequent permanent
                                                                             appointment.
 • Full salary details - inclusive of the increase payable from 1st July
   2005 under the terms of the national agreement, Sustaining
                                                                           Contracts of Indefinite Duration
   Progress - are available on the TUI website: http://www.tui.ie
                                                                           • A Pro-rata contract is a fixed-term contract.
 Contracts and Salary – Non-casual
                                                                           • The Protection of Employees (Fixed-term Work) Act 2003
 Part-time Teaching Contract                                                 offers certain protections to employees who have completed
 • A fully qualified part-time teacher who is employed to teach               successive fixed-term contracts.
   for a period in excess of 150 hours during the school year but          • Arising from this Act, negotiations are continuing with the
   for less than the course of a full school year is classified as a          Department of Education and Science which will result in the
   “non-casual part-time teacher” and is entitled to a non-casual            award of Contracts of Indefinite Duration to part-time teachers
   part-time teaching contract.                                              who have been in successive fixed-term contracts with the same
 • As such a teacher, you will be paid at an hourly rate calculated by       employer, who satisfy particular conditions and whose teaching
   dividing the sum of your point on the CBS and your qualifications          service will be required on an ongoing basis. It is open to an
   allowances by 735 (i.e. the number of teaching hours in the               employer to award a Contract of Indefinite Duration (CID) to
   school year).                                                             a part-time teacher in the teacher’s first year of service with the
                                                                             employer and a CID must be awarded in the fifth consecutive
 • If you are employed to replace a teacher on maternity leave or            year of service unless there are objective grounds to prevent this.
   extended sick leave you may fall within this category.
                                                                           • Sections 8 and 9 of the Act provide as follows:

 Contracts and Salary – Casual                                               8 (1): Where an employee is employed on a fixed-term contract
                                                                                    the fixed-term employee shall be informed in writing
 Part-time Teaching Contract
                                                                                    as soon as practicable by the employer of the objective
 • A fully qualified teacher who is not employed on a Pro-rata                       condition determining the contract whether it is –
   Contract or on a Non-casual Teaching Contract is regarded as                     a) arriving at a specific date,
   working on a casual basis for the first 150 hours worked in the
   school year.                                                                     b) completing a specific task, or
                                                                                    c) the occurrence of a specific event.



 18      TUI NEWS
       welcome to second level teaching


  8 (2): Where an employer proposes to renew a fixed-term
         contract, the fixed-term employee shall be informed in
         writing by the employer of the objective grounds justifying
         the renewal of the fixed-term contract and the failure to
         offer a contract of indefinite duration, at the latest by the
         date of the renewal.
  9 (1): Subject to subsection (4), where on or after the passing
         of this Act a fixed-term employee completes or has
         completed his or her third year of continuous employment
         with his or her employer or associated employer, his or
         her fixed-term contract may be renewed by that employer
         on only one occasion and any such renewal shall be for a
         fixed term of no longer than one year.
  9 (2): Subject to subsection (4), where after the passing of
         this Act a fixed-term employee is employed by his or
         her employer or associated employer on two or more
         continuous fixed-term contracts and the date of the first
         such contract is subsequent to the date on which this Act
         is passed, the aggregate duration of such contracts shall
         not exceed 4 years.
                                                                        • Under legislation (and because it makes sense) every school is
  9 (3): Where any term of a fixed-term contract purports to               required to have a code of behaviour. Be conversant with it and
         contravene subsection (1) or (2) that term shall have no         apply the procedures it sets out consistently and fairly.
         effect and the contract concerned shall be deemed to be a
         contract of indefinite duration.
                                                                        Professional Standards
  9 (4): Subsections (1) to (3) shall not apply to the renewal of a
         contract of employment for a fixed term where there are
         objective grounds justifying such a renewal.                   • Ensure that you are in command of your subject and well
                                                                          prepared and you can legitimately insist upon the highest
                                                                          standard from each student that s/he is capable of reaching. It is
Your School and You                                                       central to our educational philosophy in TUI that every student,
                                                                          irrespective of background, has an entitlement to a high quality,
                                                                          publicly funded education. As individual teachers we should be
Collegiality                                                              guided by this public service ethos.
                                                                        • Be aware of public policy as expressed in legislation, particularly
• Make sure that you maintain close contact with your teaching            education legislation.
  colleagues. Teaching can be very isolating and you can quickly,
  and mistakenly, conclude either that your style and methods.          • Be accountable. The TUI supports the principle of appropriate
  are entirely right or entirely wrong. Don’t confuse appropriate         public accountability of schools through elected public
  professional autonomy with raising the drawbridge. Remain               representatives and agencies such as the inspectorate of the
  open to professional discourse. The quality of your teaching will       Department of Education and Science.
  be significantly enriched if you continue to be a learner.             • Make sure that you respect the rights and personal integrity
• Involve yourself fully in the life of the school community.             of your students. The idea of being “firm but fair” may have
  Contribute to school planning and decision-making processes             become clichéd but it still has considerable merit. It is especially
  and to co-curricular activities. Your reward will be a greater          important to maintain a critical professional distance from
  sense of belonging to a vibrant learning community.                     your students.
                                                                        • Maintain clear, objective records. These may relate to student
                                                                          progress and conduct, other aspects of classroom management,
School Structures and Procedures                                          contacts with parents, issues relating to your employment,
                                                                          formal discussions with school management and other
• There are particular members of the teaching staff with whom            relevant matters.
  you will have regular contact. These include the Deputy Principal,
  Year Heads, the Guidance Counsellor and the Head of the
  subject department. Get to know them and don’t be shy about
  seeking their advice.



                                                                                                                              TUI NEWS     19
       welcome to second level teaching



Your Rights and Duties as a Teacher                                     In Case of Difficulty


• You are entitled to the support of your employer in your efforts      • If you encounter a difficulty with your employer, address it
  to ensure that students receive an education of the highest             at the earliest opportunity. In this as in other matters, keep
  quality. In that regard, you are entitled to a healthy and safe         the issue and the personality separate. Informal resolution of
  workplace marked by respect for human dignity and the absence           difficulties is desirable, provided the rights of all parties are
  of bullying or intimidation. The principles of equity, equality and     respected. If informal resolution is not possible, approach the
  inclusivity should inform school practice.                              TUI school representative and process the issue through the
• Your employer, your colleagues, your students and their                 agreed grievance procedures for your sector. The procedures
  parents/guardians are entitled to your respect, loyalty and             are set out in the TUI Diary and may be downloaded from the
  best professional service. The principles of equity, equality and       union website.
  inclusivity should also inform your practice.
                                                                        Keeping Professionally Fit
• You are on probation for your first year. If the school
  management has any difficulty with the quality of your work,
  it is obliged to bring it to your attention and offer appropriate     • Finally, avoid letting the intellectual and professional grass grow
  advice. If you are not advised of any difficulty you are entitled        under your feet. Involve yourself in reflective practice and
  to assume that there is none and that you will be probated.             professional development from the outset. In this regard, you
                                                                          might consider joining the relevant subject associations. You
                                                                          should also avail of in-service and professional development
Your Union – Teachers Union of Ireland                                    opportunities. These are provided by a wide variety of agencies
                                                                          and institutions, including the Second Level Support Service, the
                                                                          Special Education Support Service, the Education Centres and the
• Join the union and actively shape your professional environment,        teacher unions. The Teaching Council, at present in its infancy,
  both locally and nationally. You will quickly become au fait with       is quite likely to set a premium on continuing professional
  the pressing issues of the hour (and the arcane rituals of union        development. The TUI is campaigning for a continuum of
  activists!). Research has consistently shown that disaffection          professional development that will sustain excellence throughout
  with and disengagement from one’s work are most pronounced              one’s teaching career. As public servants, we must be to the fore
  where employees are least involved in decision-making                   in insisting upon and maintaining the highest quality in our public
  processes.                                                              education system.
• Find out who the TUI school representative, school committee
  members, Branch Officers and Area Representative are.                  Go n-éirí go geal libh
  Get to know them. The same applies to the union/ teacher
  representatives on the VEC and/or the Board of Management.
  Avail of the earliest opportunity to attend a meeting of your
  local Branch of the TUI.
• Use your TUI Diary – your conditions of service and the range
  of union services are more fully explained.
• There are certain conditions of service that are regarded by the
  union as so important as to require the protection of directives.
  These conditions relate to the maxima that apply to class contact
  hours, class size (i.e. student numbers) and the number of days
  in the school year. As a member of the TUI you are obliged to
  abide by these directives – there is no discretion in the matter.
• The directives should be displayed on the TUI Noticeboard
  in the school and can be downloaded from the TUI website.




20    TUI NEWS
 www.tui.ie




Maternity Leave Explained
                                                                                                     following maternity leave, which is a statutory
                                                                                                     entitlement.

                                                                                                     Alternatively, if she chooses to apply for
                                                                                                     unpaid maternity leave to the end of the
                                                                                                     school year, if such leave is sanctioned, she
                                                                                                     will be due to return on the first day of the
                                                                                                     school year in 2006/07.

                                                                                                     A teacher who wishes to apply for additional
                                                                                                     unpaid maternity leave or non-statutory
                                                                                                     maternity leave to the end of the school year
                                                                                                     should in normal circumstances apply to her
                                                                                                     VEC/Board of Management for approval at
                                                                                                     least one month before her paid maternity
                                                                                                     leave expires. Teachers going on maternity
                                                                                                     leave should consult the relevant circular
                                                                                                     letters CL 21/97, CL 22/97.

                                                                                                      Application              Period of Notice
TAOISEACH BERTIE AHERN PICTURED AT LAUNCH OF ICTU NEW RIGHTS FOR WORKING MOTHERS                      Intention to avail       4 weeks
GUIDELINES LAST YEAR
                                                                                                      of maternity leave
Queries are frequently received by TUI with       entitled to leave in lieu are general school        Attendance at            2 weeks
regard to the calculation of maternity leave,     vacation days including public and church           ante-natal/post natal
particularly if it overlaps the holiday period.   holidays and other school closings. Days            clinics
The following is an example of such a query.      on which schools are closed in exceptional          Change of date of        Within 2 weeks
                                                  circumstances (e.g. inclement weather               commencement of          of confinement
  “I am expecting a baby on Saturday              or polling) do not count in calculating the         leave due to earlier
                                                                                                      confinement
  the 15th October 2005. What is the              number of days leave in lieu.
                                                                                                      Additional               4 weeks
  minimum period of leave I must
                                                                                                      maternity leave
  take prior to the birth of the baby             In this case the teacher will have overlapped
                                                                                                      Leave to end             4 weeks
  together with the date on which                 vacation periods by a total of 16 days (5 days
                                                                                                      of school year
  I should return to work assuming                for the October mid-term break and 11 days
                                                                                                      Intention to return to   4 weeks
  that I do not avail of unpaid                   for the Christmas holiday period.)
                                                                                                      work following leave
  maternity leave.?”
                                                  In this example, the days in lieu clash with
A minimum period of 2 weeks must be taken         the February mid-term break. In such a
                                                                                                     • A teacher with a Post of Responsibility who
prior to the birth of the baby. Therefore         situation, the days in lieu are ‘frozen’ for the
                                                                                                       is on paid maternity leave retains her post
the maternity leave would commence on             week in question and added on after the mid
                                                                                                       of responsibility allowance
Monday 3rd October and would run for 18           term break.
consecutive weeks and conclude on Sunday,
5th February 2006, with the teacher due to        Her paid maternity leave will therefore            • A teacher who intends going on maternity
return on Monday 6th February.                    extend until Monday 6th March 2006 and               leave should submit, through the
However, where maternity leave overlaps           she will return to school on Tuesday 7th             management authority of her school, a
school holidays a teacher will be entitled        March unless she had notified her school              medical certificate confirming pregnancy
to leave in lieu with pay for the vacation        authority at least 4 weeks before the date           and stating the expected week of
days overlapped, subject to a maximum             on which the maternity leave is due to end           confinement. This must be submitted at
of 30 school days in any school year. The         that she wishes to take up to 8 consecutive          least four weeks before the date on which
overlapped days for which the teacher is          weeks additional unpaid leave immediately            she intends to go on maternity leave.


  22     TUI NEWS
                                                                                                                                        www.tui.ie




• A minimum period of maternity leave             • Pro rata part time teachers also receive
  must be taken, beginning not later                the benefits outlined above. Other
  than two weeks before the end of the              part time teachers may be entitled to
  expected week of confinement                       maternity benefit from the Department
                                                    of Social, Community and Family
• Teachers taking maternity leave should            Affairs (LoCall 1890 690 690).
  always confirm the date of return
  to school with the Department of
                                                  • Paternity leave allows fathers to take 3
  Education and Science in the case of
                                                    days leave with pay. The leave may be
  a Community and Comprehensive
                                                    taken at the time of the birth or up to
  school and with the VEC in the case of
                                                    four weeks after the birth. A minimum
  a teacher working in this sector.
                                                    period of four weeks notice is required.

• Time off may be allowed for
  attendance at ante-natal. And post-             • Maternity leave will be granted
  natal clinics. Evidence of appointment            irrespective of an employee’s sick leave
  or attendance at the clinic will be               record and will not reckon as
  required by the school authority.                 sick leave.




Deportation Cases Must Be
Handled with Compassion
 TUI President Paddy Healy has called for            Diligent and conscientious students had          manner that lacks a shred of compassion.
 more sensitive handling of any future cases         their studies disrupted and the harmonious       We acknowledge that there are rules in
 involving the deportation of students,              atmosphere of the classroom was shattered        place, but compassion and decency should
 describing the handling of some cases               by bureaucracy. Too much heed was given          take precedence over bureaucracy. We
 during the last school year as ‘lacking             to convoluted procedures and red tape, with      would hope that the relevant authorities
 compassion.’                                        scant regard paid to humanitarian and other      have learned from their mistakes of the
                                                     considerations. The work of the teachers and     past and handle any future cases in a way
 “At the start of any school year, it is always      students of Palmerstown Community School         that respects the dignity of all concerned,
 useful to reflect on what we could improve           on behalf of a Leaving Certificate student last   especially when those in question are
 upon in the future. With this in mind, the          year reflects the approach which should           students in our schools. There have also
 manner in which some deportation orders             be adopted.                                      been cases where students who are not
 were executed was a cause of                                                                         Irish citizens have been refused entry to
 grave concern last year. In general,                It was indeed ironic that the Government had     France on school trips. The Department
 students should be allowed to complete              organised trade missions to China last year      of Foreign Affairs should put agreements
 their studies.                                      to attract more students to the country while    in place with other countries to avoid such
                                                     diligent and model students were treated in a    incidents.”


                                                                                                                                   TUI NEWS    23
www.tui.ie




Contracts of
Indefinite Duration
Since the passage                             The early meetings involved the teasing
                                              out and identification of the precise issues
of the Protection of                          and the more recent parts of the discussion       ..Do not sign any
                                              have centred around the formulation and
Employees (Fixed                              consideration of agreement in respect of
                                                                                                contract of employment
Term Work) Act,
                                              the issues raised. At the present time, no        which is offered to you
                                              agreement has been concluded and the issues
the Union has been                            remain under discussion. It is hoped that         unless you can verify
                                              there will be agreement on a range of issues
engaged in both                               in the near future.                               that this contract is
national discussions                          Meanwhile, as agreed, any cases which are
                                                                                                agreed with the Union...
                                              in the process of being referred either to
on implementation of                          the Rights Commissioner or which if heard
                                              at Rights Commissioner have yet to have
the Act and in several                        findings issued, such cases remain on hold
                                                                                              obligation on behalf of the employer
                                                                                              to issue contracts to its employees – this
cases in taking cases to                      and it is the Union’s understanding that
                                              the management will not take any action
                                                                                              is untrue.

Rights Commissioner                           in respect of cases which are under such        There is an obligation to offer written
                                              consideration pending the outcome of            terms and conditions of employment.
where it is the view                          the talks.                                      This is sometimes done by way of written
of the Union that the                         The union has heard of an attempt in certain
                                                                                              contract of employment which sets out
                                                                                              the terms and conditions of employment,
Act has not been fairly                       employment situations for documents
                                              purporting to be contracts of indefinite
                                                                                              however it is not necessarily done in
                                                                                              this way and the Union oppose the
applied.                                      duration being provided to members of           implication that employers are offering
                                              TUI. The TUI position is very clear: pending    contracts purportedly under a legislative
This has led to a large number of cases       national agreement, there is no such thing      provision requiring them to do so in the full
being taken with employers in different       as an agreed contract of indefinite duration     knowledge that this is not the case.
parts of the country, and in the view of      in respect of any member of TUI. It follows
the Union, is not the most desirable way      therefore that no member of TUI should          Advice
of resolving these issues. It had therefore   sign any contract purporting to be a contract
been agreed by the Executive Committee        of indefinite duration until such contract is    Do not sign any contract of employment
prior to the summertime to engage in a        agreed between the union, the management        which is offered to you unless you can
process, the purpose of which was to seek     and the Department of Education and             verify that this contract is agreed with the
a broad agreement on a range of issues        Science. It has been stated that there is an    Union. Agreed contracts can be found
covered by the legislation.                                                                   on the TUI website: www.tui.ie and prior
                                                ...There is no such thing                     to signing, the text of any such contracts
Discussions started involving the three                                                       should be checked against the text on the
teacher unions, the Department of               as an agreed contract                         website. In the event of there being no
Education and Science, the Department                                                         contract of a particular denomination on
of Finance and management groups in             of indefinite duration                         the website, then further enquiries should
respect of all sectors of education, with                                                     be made as it can safely be assumed that
the exception of the university sector
                                                in respect of any                             there is no agreed contract.
which chose not to be involved in these         member of TUI...
discussions.




24    TUI NEWS
www.tui.ie

                                                       membership application form
                                                       Teachers Union of Ireland, 73 Orwell Road, Rathgar, Dublin 6.
                                                       t: 01 492 2588 f: 01 492 2953 e: tui@tui.ie




              personal details                         Surname                                                           First Name(s)

                                                       Male         Female

                                                       School/Institute (name & address/department)



                                                       Home Address



                                                       Date of Birth                                                     Telephone Number

                                                       E-mail Address

                                                       PPS Number

                                                       Qualifications                                                    Grade (e.g. Class III teacher, LI, etc)

                                                       Subjects




             whole time                                Is your present post your first whole time appointment?                  Yes           No
 teacher / lecturer only                               Is your appointment?          PWT            Job-share



               part-time                               Please indicate the number of regular timetabled hours
 teacher / lecturer only                               Are you employed directly by the School/College?                  Yes           No



        union membership                               Are you at present, or have you previously been a member of the TUI or any other Union?
                                                       Yes         No

                                                       If “Yes”, please state name of Union/Branch/Place of Employment




                new members                            I hereby apply for membership of the Teachers’ Union of Ireland and, if accepted, agree to be bound
                                                       by the Rules of the Union no in force and as may be amended.

                                                       Signature                                                    Date

                                                       Staff/Payroll Number



     Note: 1. Once all sections of the application for are fully completed, please forward to: Membership Section, TUI Head Office, 73 Orwell Road, Rathgar, Dublin 6.
            2. Please return a fully completed DAS form with your application form. DAS forms are available from your school/college representative, TUI Head Office or www.tui.ie




                office use only                        New Member                 Existing Member

26      TUI NEWS                                       Number                                                            Branch
                                                                                                                                                      www.tui.ie

                                        deduction at source authorisation form
                                        Teachers Union of Ireland, 73 Orwell Road, Rathgar, Dublin 6.
                                        t: 01 492 2588 f: 01 492 2953 e: tui@tui.ie




    personal details                    Surname in English                                        Surname in Irish

                                        Surname before Marriage                                   First Name(s)

                                        Home Address



                                        PPS Number

                                        School/Institute (name & address)



                                        TUI Branch




employment status                       PWT           * Part-time           Job-share
 (please tick as appropriate)
                                        *Part-time – please indicate the number of regular timetabled hours




           deductions                   Payroll Number

                                        TUI Subscription            €€                                                           .

                                        TUI Credit Union            €€                                                           .




        authorisation                   I hereby authorise

                                VEC                                                                            VEC

                                 IT’s                                                                          Institute of Technology

                                C&C                                                                            Department of Education and Science

                                        to deduct monthly from my salary, until further notice, the Union subscription appropriate to my
                                        employment status at any time as a teacher/lecturer*, to be paid to the TUI on my behalf, together with
                                        the amount shown in respect of the TUI Credit Union (if applicable). The amount of subscription to be
                                        determined by Annual Congress.


                                        Signature                                                              Date


                                        *This authorises the Employer to alter my Union Subscription from Part-time to PWT/job-share as appropriate




      office use only                   New Member              Existing Member

                                        Number:                                                   Branch:
                                                                                                                                               TUI NEWS      27
www.tui.ie




Notices
Branch Treasurers Seminar                   TUI Conference                                2005 Third World Fund
                                            ‘The Change Agenda
A seminar for Branch Treasurers             in Higher Education’                          The 3rd World Fund for 2005 will
will be held on                                                                           have at its disposal an amount in excess
                                            Date:                                         of €13,000. The fund is used to aid
Wednesday,                                  Wednesday, 21st September 2005                developmental, education and trade
21st September 2005                                                                       union projects in underdeveloped
in Ashling Hotel,                           Time:                                         countries.
Parkgate Street, Dublin 8                   All Day Conference
                                            Registration 8.45am – 9.30am                  If you have a project which you would
from 11.30 a.m. to 3.45 p.m.                Proceedings 9.30am – 4.15pm                   like supported with money from the
                                            (lunch 1pm-2pm)                               Fund, please make a written submission
Notification has been sent to all Branch                                                   to Hilary O’Byrne, Administrative
Treasurers on 25th August 2005.             Venue:                                        Officer, before 1st November 2005
                                            Davenport Hotel, Dublin 2                     outlining details of the project.
                                            (near junction of Clare St and
                                            Merrion Sq)                                   Last year a total of 17 projects received
                                                                                          a contributions from the Third World
Have we got your Union                      The union will convene a consultative         Fund. Examples of some of the types of
Membership details correct?                 conference to the theme of                    projects contributed to were:
                                            ‘The Change Agenda in Higher
• Has your union membership                 Education’ on Wednesday, 21st                 • Building of a small library for Project
  status changed? e.g. from Part-Time       September 2005.                                 Pasthali, Napal
  to Permanent Whole Time, from
                                                                                          • Funding for a former TUI member
  Permanent Whole Time to Job-Share or      A panel of distinguished speakers will          working in education in the Pemba
  have your part-time hours increased       address the challenges facing higher            region of Zambia
• Have you transferred from one             education lecturers and institutions in
                                            the context of national, European and         • Funding for a pre-school/playgroup in
  employer to another?
                                            international developments.                     Paraiba, Brazil
• Have you just returned from a Career
                                                                                          • “Moving Mountains” project in
  Break, Leave of Absence or any
                                            Topics to be covered will include:              Nairobi.
  unpaid leave?
                                            • GATS and Globalisation
                                            • The Transfer of the IOT Sector              Each of the 17 projects received
If the answer is “yes” to any of the
                                              to the HEA                                  between €525 and €800. While
above questions, please ensure that you
                                                                                          these amounts may appear to be small
complete a new Deduction at Source          • The Bologna Process                         from our perspective, the feedback we
(DAS) form immediately and send it to:
                                            • TUI’s Response to the OECD                  get from the various projects indicates
Dara Blighe, Membership Secretary,
                                            • Report on Higher Education                  that your funding of these projects
TUI, 73 Orwell Road, Rathgar, Dublin 6.
                                                                                          makes a significant impact and is greatly
                                            • National and international perspectives     appreciated. There is also the added
DAS forms are available on the TUI            from TUAC, NQAI and HETAC                   bonus that the money goes directly to
website – www.tui.ie. They are also
                                                                                          the projects concerned.
available from your School/College
                                            Full details regarding bookings, the day’s
Representative, from Head Office
                                            full proceedings and all other details have
or in this issue of TUI News.
                                            been sent to all TUI branches.
Please complete a new DAS form to
avoid falling into arrears. Help keep our
data base up to date – keep us informed!




28    TUI NEWS
www.tui.ie




RMA News
                                                                                             Garland Songs at the Cork Opera House.
                                                                                             An extra night at the hotel will cost €51.
                                                                                             Please make direct booking with the hotel,
                                                                                             telephone 021 4508 122 stating TUI RMA
                                                                                             October Mini Break.

                                                                                             The AGM in Galway marked the end of
                                                                                             an era with the resignation of Donnchadh
                                                                                             O’Riordan as secretary of RMA, a position
                                                                                             he held for twelve years. Donnchadh was
                                                                                             given a tremendous sent off with many
                                                                                             commendations from RMA members
                                                                                             and the TUI President, Paddy Healy. The
                                                                                             AGM reached a new level of service with
                                                                                             professional assistance with registration
                                                                                             and a conference folder, both provided by
                                                                                             a new sponsor Hidden Hearing.

TIM O‘MEARA, DONNCHADH O’RIORDAIN AND PADDY HEALY                                            I would like to welcome all new members
                                                                                             to RMA and to invite you to join us at
Following our very successful AGM in           for a cost of €159.00 with no supplement      our Autumn Break in Cork. Some of
Galway in May the Social Committee             required for single rooms.                    our plans for the future are, to provide a
(Dora, John and George) have arranged                                                        Discount Card for members, to provide a
an eventful October Break far us in Cork       As well as the usual social events the        diary especially for RMA members and to
- the European City of Culture 2005. The       committee have arranged visits to same        organise overseas breaks even a cruise.
venue is the Gresham Mertopole Hotel,          of the numerous cultural exhibitions
MacCurtain Street, Cork. Dates: Sunday         associated with the City of Culture, a trip
23’ d October to Tuesday 25th inclusive        to Cobh and hopefully a night of Judy         Christy Conville, Secretary, RMA




A Special Thanks to Donnchadh O’Riordain
Mr. Donnchadh O’Riordain retired as            meetings all over the country, giving talks
secretary of the R.M.A. of the Teachers        and advise on how best to prepare
Union of Ireland on 11th May 2005,             for retirement.
twelve years after he first agreed to take
the position in the same hotel, the Ardiliun   There are many people all over the
Hotel, Galway.                                 country who benefited greatly from his
                                               hard work and great knowledge of the
Donnchadh worked with diligence and            rules and regulations.
concerned himself with the problems of
the retired members and their families, and    We wish Donnchadh well and many years
became an authority on allowances and          of happy and peaceful retirement.
conditions. He was much sought after to
speak at retirement courses, and attended      Con Kelly
                                                                                             PADDY BYRNE - STILL CHAIRMAN OF RMA.
                                                                                             SEE PRESIDENT’S CLARIFICATION ON P.3


30    TUI NEWS
                                                                                                                                     www.tui.ie




Key Stats Published
A new report shows that investment in third       The report shows the number of graduates
level education in Ireland is above the EU        in mathematics, science and technology at 24
average but expenditure at primary and post-      per 1,000 of population, which is double the
primary levels is below average.                  European average.

The Key Education Statistics report, which        TUI education officer John MacGabhann
looks at trends and international comparisons     said there needed to be more opportunities
in education from 1993-4 to 2003-4, also          for permanent employment for teachers of
shows an improvement in literacy skills. 11%      science subjects. He also said the increase in
of 15-year-olds in Ireland are categorised as     full-time students at Institutes of Technology
low achievers in reading literacy, compared       was at least partly due to the abolition of
with 19.8%of 15-year-olds in other                third-level fees and the reintroduction of fees
EU countries.                                     could not be justified.




Young Environmentalist Awards
  The ECO-UNESCO Young                            The awards are open to teams (5-25) of            Certificate level, into Transition Year and
  Environmentalist Awards honours the             young people aged between12–18. At                within Chemistry, Biology and Geography
  actions of young people who protect,            the heart of every Young Environmentalist         at Leaving Certificate, Leaving Certificate
  conserve and enhance our local and global       Awards project is an environmental issue.         Applied and Leaving Certificate Vocational
  environment. The YEA is an experiential         The challenge is to identify an environmental     Programs.
  and active environmental education              issue in the school or local community and to
  learning experience where young people          carry out an action which will help improve       The Young Environmentalist Awards are
  engage in a local environmental action          the environment in a visible way. The group       projects for the environment and for young
  project which will benefit themselves and        must also tell others about their project         people with many benefits to both. Further
  their community.                                and the environmental issue, developing           information on the awards can be obtained
                                                  citizenship skills by writing letters to local    from Rachel Kavanagh at ECO UNESCO,
  Each year hundreds of young people,             authorities, generating an interest in their      26 Clare Street, Dublin 2, Republic of
  teachers and youth leaders get involved in      own school or community group or engaging         Ireland. Tel. 00 353 1 662 5491 or e mail:
  environmental projects. Up and down the         local media.                                      ecounesco@eircom.net.
  country people carry out habitat surveys,
  water testing, litter picks, waste and energy   In the Republic of Ireland the Young
  auditing and school or community wildlife       Environmentalist Awards can be integrated
  gardening, to name a few.                       into CSPE, geography and science at Junior




                                                                                                                                TUI NEWS    31
 www.tui.ie




Obituaries
John Daffy (1943-2004)
It is with great sadness that the members         them to better serve and help students to
of The Tipperary North Branch of TUI              achieve their true potential.
mark the sudden and untimely departure
of John Daffy, who died in December               John was always active in the support of
2004. John graduated from UCG with a              local organizations. His work on behalf of
B.Comm. Degree in 1965, and began his             St. Anne’s School Roscrea for people with
teaching career in Nenagh later becoming          Special Needs will always be remembered.
the Guidance Counsellor in the school.            John’s union involvement began when he          sympathy to his wife Sinead, and family;
He was appointed Vice-Principal in 1975           first started teaching. He held the positions    Siobhan, Fionnuala, Sean and his mother
and progressed to his next appointment as         of Branch Chair, Branch Secretary and           Catherine. A good and loyal friend of
Principal of St. Joseph’s College, Newport,       Branch Treasurer at various times. John         Vocational Education and TUI, sadly missed,
Co. Tipperary in 1984. He returned to             also served the local Branch as the TUI         but always remembered.
Nenagh in 1989 where he was appointed             representative on the VEC. A very able
Principal. In 1997 he was appointed Acting        negotiator, he also represented area No. 5      Is le Bhrón mór a chualamar faoi bhás Sheáin
C.E.O. I Education Officer for North               on the Union Executive from 1980 to 1984.       Ui Dhafaigh. Gara mór le Gaelcholaiste an
Tipperary VEC until 2000. He retired in           As chairman of the Finance Sub-Committee        Aonaigh o 1997 go dtí gur chuaigh se amach
August 2000.                                      during this period he introduced the present    ar phinsean sa bhliain 2000. Déanaimid
                                                  system of indexing of Union Membership          comhbhrón lens chlann, a bheanceile Sinéad,
John was at all times to the fore when it         Subscription. He remained up to his             a inionacha Siobhan agus Fionnuala, a mhac
came to new developments and innovations          retirement an active member of the Branch.      Seán, a mháthair agus a chlann uilig.
in education, and his vision was `education       He was one never to miss the real meeting       Leabeidh imeasc na n-aingeal da anam
for living and life’. He promoted access to       afterwards in our local hostelry.               cneasta.
education for all in the community. He had
the ability to encourage his fellow teachers to   The North Tipperary Branch of TUI wish          A tribute from the North Tipperary Branch
continue to develop new skills; to empower        to take this opportunity to express their       of the Teachers Union of Ireland.




Mary Kilgannon

The past academic year was a particularly         Mary was a great GAA follower and a
sad year for us in Greenhills College in          stalwart supporter of her native county
Co. Dublin. October 5th next marks the            Galway. Mary also took a keen interest in
first anniversary of the death of our friend       politics, books, films and theatre and was
and colleague, Mary Kilgannon. Mary died          frequently at the centre of many lively
following a long illness. Mary was a dedicated    debates on these topics.
and hard-working teacher of Irish and
History and taught in Greenhills College for      Mary’s quiet dignity and amazing courage
twenty five years.                                 throughout her illness touched us deeply and
                                                  has been an inspiration to us all.
Mary had many fine and admirable qualities.
To us, her colleagues and friends, she was        Mary was laid to rest on Friday 8th of
loyal, kind and generous. She was sincere and     October 2004 in her native village of Caltra,   Beidh cuimhne bhuan orainn go leir
true to herself - whether at staff meetings or    Co Galway. On that day the college was          uirthi go heag. Go ndeana Dia trocaire
chatting in the canteen, Mary always spoke        closed as colleagues, both past and present,    ar a hanam dilis.
her mind.                                         and students travelled to Galway to bid a
                                                  dear friend a final farewell.                    - J.M.



  32     TUI NEWS
                                                                                                                                       www.tui.ie




New DVD Training System For
Technology/Construction Courses
                                                                                                     He realised that teachers, like himself,
                                                                                                     were far removed from the practicalities
                                                                                                     of today’s booming Irish building industry.
                                                                                                     Building Blocks hopes to bridge the gap
                                                                                                     between theories and the realities of the
                                                                                                     current market.

                                                                                                     Taking large groups to working sites
                                                                                                     is impossible under the current safety
                                                                                                     regulations; with Building Blocks the need
                                                                                                     to leave the classroom is eliminated.

                                                                                                     Pat explains that “it makes the job for
                                                                                                     teachers much more interesting and the
                                                                                                     students will have something visual to
                                                                                                     relate the drawings and text to. It will
  A new system for the Architectural                 and Science, contains all a student needs to    be particularly helpful when it comes to
  (Technology/Construction) course for               learn the current course curriculum and will    revision time for exams. I have to admit,
  schools and colleges is set to revolutionise       also bring a fresh perspective on the subject   I also learned much about the industry
  life for both teachers and students alike.         to teachers and trainers.                       during the process of creating this new
  Building Blocks, new to the market this                                                            system. At the end of the day we are
  September, comprises a set of twelve               Building Blocks has been created by             teachers, not engineers, architects
  DVDs with an accompanying student                  Carraig-Rue Developments in Co. Kilkenny.       or builders”.
  workbook.                                          The Managing Director of the company is
                                                     Pat Larkin who designed the series. TUI         For further details on Building
  This new product, which has received full          member Pat is a fully qualified construction     Blocks Teaching and Training Aids
  support from the department of Education           and woodwork teacher.                           contact 051 845436.




L-R JOHN MCDONAGH, STAFF REP, KILDARE VEC, TUI EXECUTIVE MEMBERS JACQUELINE SHEIL & DON RYAN
AT VEC STAFF REP TRAINING EVENT, GRESHAM HOTEL, DUBLIN

                                                                                                                                  TUI NEWS    33
 www.tui.ie




Book Reviews
Swan Pendant                                      traditional poems that employ rhyme
by Patrick Devaney                                and fixed metre, though all are aimed
                                                  at the ordinary reader rather than an
Patrick Devaney’s second collection of more       intellectual elite.
than one hundred poems deals with many
contemporary issues, including man’s impact       While the poems do not give a complete
on nature, teenage rebellion, social change,      picture of a life, they do indicate some of
our Anglo-Irish heritage, the Northern            the writer’s dominant concerns: the need
Ireland conflict, the Iraq war, and religious      for conservation, the hope for reconciliation
belief in a scientific age.                        between Unionists and Nationalists, the
                                                  relentless progress of Time and the solace
Written over a period of five decades, the         derived from an unexpected vision of Beauty.
poems in Swan Pendant reflect many of              If, as Devaney suggests in his foreword, he is
Devaney’s experiences, from his youth in          like a half wild apple tree producing unpicked
County Roscommon, through his years in            fruit, the reader may find that wild apples
New York, to his return to Ireland to teach       often prove a welcome change from the
and raise a family. As might be expected, the     cultivated varieties!
poems in such a broad collection vary in style
and form: short lyrics jostling long, reflective   Price: €10.00
pieces; modern verse contrasting with more        ISBN: 1- 900913-11- 9




  Accordion Music                                 These warm-hearted tales recount the             Play On’ is an office worker in search
  by Frank 0’ Carroll                             escapades and the stratagems adopted by          of romance, only to discover love in the
                                                  characters in search of love and security,       mundane setting `back in the office.’ In
  (Reviewed by Jack Harte)                        fleeing the black dogs of loneliness and the      another story, `Matters of the Heart’, two
  Georgian Rose Press (Price €10)                 even blacker dogs of advancing age.              people are brought together by a common
                                                                                                   interest in furniture restoration.

  This collection brings together stories by        ... a heart-felt sincerity                     The author’s background in teaching
  Frank 0 Carroll that have been published,                                                        provides the setting for a few stories
  and won prizes, in `Ireland’s Own’ and            that communicates                              also. In `The Last Schoolmaster’ the hero
  other magazines over the past few years.                                                         conducts a one-man crusade against the
  Georgian Rose Press is to be commended            warmly to the reader ...                       absence of men in his profession.
  on showing faith in the short story form
  and on providing between covers these                                                            Frank 0’ Carroll tells his stories with
  wonderful stories of 0’ Carroll.                Some of the stories have a rural background.     a heart-felt sincerity that communicates
                                                  The hero of the title story struggles with the   warmly to the reader, who will enjoy
  The world of 0’ Carroll’s stories is a          economics of replacing his accordion in time     every twist and turn of the eternal
  fascinating one, fascinating to a generation    for the annual festival of `The Wran’ .          themes and the eternal struggle.
  who came of age in the sixties or seventies,                                                     Written with extraordinary compassion
  since it explores the heartscapes of            Love and romance are 0’ Carroll’s main           for his characters, these stories certainly
  that generation, fascinating to younger         preoccupations, however, and he is adept at      explore and present the heartscapes of
  generations too, who must find that this         exploring these themes in different situations   a whole generation.
  world is another country to be explored         and with a wide spectrum of characters.
  with the fresh eyes of discovery.               The hero of `If Music Be The Food Of Love


  34     TUI NEWS
                                                                                                                                       www.tui.ie




World Teachers’ Day 2005
Quality Teachers for Quality Education
On 5 October, teachers’ organisations
worldwide mobilise to ensure that
the needs of future generations
are taken into consideration in this
increasingly complex, multicultural
and technological world.

According to UNESCO, World Teachers’              Education International
Day represents a significant token of the          highlights this issue under
awareness, understanding and appreciation         the slogan:
displayed for the vital contribution
that teachers make to education and               Training for a Stronger
development. Education International              Teaching Force!
strongly believes that this Teachers’ Day
should be internationally recognized and          EI believes teacher
celebrated around the world. EI also believes     education must include                             Bridging the gap
that, on this anniversary date, the principles    sound basic training that is supported by          between training and the reality
of the 1966 and 1997 Recommendations              in-service education so that teachers have         of teaching
should be considered for implementation in        a theoretical and practical understanding
all nations.                                      of the methodologies and practices that            All teachers, at every level, should receive
                                                  underpin their profession. Although teacher        high quality basic training. And they should
Over 100 countries observe World                  education should be a central concern of all       also receive in-service training and continuing
Teachers’ Day. The efforts of Education           governments, there is an increasing trend for      education so that they can further develop
International and its 348 member                  governments to use poorly trained teachers.        as education professionals and maintain the
organisations have contributed to this widely     This fundamentally undermines the quality of       highest standards in the profession.
spread recognition. Every year, EI launches       education. EI believes it is crucially important
a public awareness campaign to highlight the      that teachers receive the highest quality post-    To support teachers in their efforts to
contributions of the teaching profession.         secondary professional training.                   improve the quality of education, it is the
                                                                                                     responsibility of government and education
World Teachers’ Day provides the                  Quality initial training is essential!             authorities to provide teachers with a high
opportunity to draw public attention to                                                              quality education and continuing professional
the role of teachers worldwide and their          Initial or pre-service training is important       development .
importance in society.                            because it provides teachers with a
                                                  basic theoretical understanding of the             Teachers need training
Quality Teachers for                              methodologies required to be a professional
Quality Education                                 teacher.                                           • In academic subjects, education sciences,
                                                                                                       methodology and didactics and teaching
World Teachers’ Day provides the perfect          Teacher training should be fully integrated          practice.
opportunity for teacher unions and education      into national education policies and reflect
                                                                                                     • In the tasks demanded of teachers
supporters to lobby their governments to          cultural diversity. EI also believes teachers
                                                                                                       today, such as working as a member of
release the necessary financial and human          should be active participants in the
                                                                                                       a teaching team, contact with parents
resources for a true quality education for all.   development of the policies governing their
                                                                                                       and local institutions, action-research
This year, EI will concentrate on the need        training and professional development.
                                                                                                       and participation in the organisation and
to provide teachers with the best possible
                                                                                                       running of education institutions.
training before they enter the classroom.         EI is promoting the development of greater
The quality of teacher training has a critical    co-operation between teacher education             • In professional development, ICT updates,
and long-lasting impact on the quality            institutions, government and teachers’               and in-service programmes to keep their
of education.                                     organisations.                                       skills up-to-date.



                                                                                                                                   TUI NEWS    35
 www.tui.ie




Equality




TUI CONGRESS



  Participation in TUI                         Could new members feel more                 ‘Everyone taking turn on a pro rate
  Structures Survey                            welcome?                                    basis’ was identified as the main way
                                                                                           of encouraging more women to put
  TUI recently conducted an extensive          85% of male respondents felt new members    themselves forward for election as a TUI
  survey on Participation in TUI Structures.   could feel more welcome.                    staff representative.
  Questions addressed attitudes to TUI         89% of female respondents felt new
  structures at branch level, in the school/   members could feel more welcome.            Would you feel confident to assume
  college and at executive level. Results                                                  the role of: (Breakdown by gender)
  were broken down into male and               Is the branch relevant to you?
  female responses.                                                                                           Yes            No
                                               70% of male members felt that branch was     Equality         M 46%         M 54%
  The findings will be analysed by the          relevant to them                             Officer           F 49%         F 51%
  Equality Council and used and considered     80% of female respondents felt that the      Treasurer        M 57%         M 43%
  in future policy recommendations.            branch was relevant to them                                   F 32%         F 68%
                                                                                            Secretary        M 57%         M 43%
  Some of the main findings are                 Are women in your school/college                              F 46%         F 54%
  outlined below:                              encouraged to go forward for                 Chariperson      M 52%         M 48%
                                               election as a TUI staff representative?                       F 29%         F 71%
  When you first joined TUI were                                                             TUI Area        M 41%         M 459%
  you made feel welcome by your                                                             Rep on          F 37.5%       F 62.5%
                                               According to female respondents, 65%
                                                                                            Executive
  Branch?                                      felt ‘regularly’ encouraged, 22% felt
                                               ‘occasionally’ encouraged and 13% felt
  88% of male respondents felt welcome.        ‘never’ encouraged.
  66% of female respondents felt welcome.
                                               The main factors for not going forward      A questionnaire was sent out to 595
                                               identified by female respondents were time   members, 94 of which were completed
                                               constraints and a lack of interest.         and returned.




  36    TUI NEWS
                                                                                                                                   www.tui.ie




The Return Trip to Tipp




PILGRIMS ON THE TRIP TO TIPP


  For the second year our June outing             set out our schedule of outings until June      Guests’ competition
  took place in Co. Tipperary and once            2006 (in order; Dundrum [X2], Mount             1st: Niall Mooney (39 pts)
  again more than sixty members and               Juliet and Athlone). New members                2nd: Pat King (36 pts)
  guests experienced the famous Tipperary         are very welcome – information about the        3rd: Seán McCann (34 pts)
  hospitality. Roscrea Golf Club was the          society and application forms are in the
  venue and its beautiful parkland course         ‘Benefits and Services’ section on the TUI       1st Nine
  was a delight. The day was sunny; the           website. The society’s AGM will also be held    Don Ryan (22 pts)
  atmosphere congenial, the golf was really       in Portarlington – we have lots to report and
  good, and the clubhouse facilities excellent.   more plans to unveil, no doubt.                 2nd Nine
  Our thanks to the staff in Roscrea Golf                                                         Michael O’Riordan (20 pts)
  Club, who were a pleasure to deal with.         P.S. Sunny Portugal is now on the horizon!
  The ‘full Irish’ was much appreciated and                                                       Mr. Dermot Healy, Kenmare C. S,
  the mixed grill after golf was a carnivore’s                                                    won the weekend for two in the Burlington
  dream. One member, who will remain              OUTING RESULTS                                  Hotel, sponsored by Jury Doyle Hotels.
  anonymous, but has Offaly/Portuguese                                                            Another Jury Doyle Hotels-sponsored
  connections, took on the challenge of the       Category I                                      weekend will be available presently. Thank
  mixed grill platter – and succeeded! He         1st: Michael Power (39 pts)                     you for these splendid prizes.
  has now taken to the Atkins diet. Our new       2nd: Damien Carey (39 pts)
  beanies were on sale and caused quite a         3rd: Dan Joe Cahill (37 pts)                    The TUI Credit Union is so good to
  stir, one member using his as a cover for                                                       us that it would be plain bad manners not
  his driver (big head).                          Category II                                     to declare their wonderful support of us
                                                  1st: Matt Burke (40 pts)                        in our first two years. The TUI Credit
  Our next outing is the Captain’s prize in       2nd: Oliver Bolton (38 pts)                     Union has been a very fine patron for
  Portarlington on Saturday, 24 September         3rd: Michael O’Brien (38 pts)                   us indeed.
  2005. This outing sees the start of the
  new membership year, for which the              Ladies’ Competition                               Captain’s Prize, Saturday
  annual sub is due. Our new fixture cards,        1st: Josephine Fitzpatrick (34 pts)               Sept 24th, Portarlington Golf
  which were sponsored by our printers,           2nd: Phyllis O’Sullivan (33 pts)                  Club. New members welcome.
  Typecraft, were a great hit. The cards          3rd: Finola Butler (28 pts)                       Forms on website.


                                                                                                                              TUI NEWS    37
www.tui.ie




Success for Monaghan
TUI Members in Rights
Commissioner Recommendations
Two separate claimants, supported              The Principal of the school wrote to the       The claimants referred the matter to the
by Ms Annette Dolan, Assistant                 CEO detailing why it had not been possible     Rights Commissioners Service under the
General Secretary TUI, were                    to stop the tour and to assure the CEO         Payment of Wages Act, 1991.
recently ruled in favour of by the             that there had been no intention to
Rights Commissioner in cases                   undermine his authority and that at            The Rights Commissioner accepted the
taken against Co Monaghan VEC.                 all times he had acted in accordance           VEC’s right to take disciplinary action
The claims arose from a school trip            with his duty of care both to the children     against any employee it believes is in
to Paris organised by a Year Head              concerned and to the College.                  breach of his/her responsibilities,
at Beech Hill College.                                                                        but found that the claimants’ contracts
                                               Mr John Heaphey, school Principal              of employment and disciplinary code
Five teachers were absent from the             and Mr Gerry McGann, Deputy                    provided no grounds for a deduction
school for three days. The CEO of              Principal were informed by the CEO             from the Principals and Deputy
Monaghan VEC, Mr Larry McCloskey               that it was their responsibility to recoup     Principals Allowances.
refused permission for the five teachers        the cost of Substitution for the five
to be absent for the days in question, on      teachers and that a deduction would            The Rights Commissioner found that the
the grounds that it did not comply with        be made from their Principal and Deputy        monthly deductions from wages were
Circular Letter M20/04, which advises          Principal allowances, despite the fact         unlawful and should cease and awarded
that school tours should in general not take   that no additional cost were incurred since    compensation of €362.70 and €544.02
place during school term. Arrangements         the absent teachers were covered               respectively, being the net losses incurred
for the tour had been finalised prior to the    by voluntary cover from fellow                 by the claimants since the deductions
issue of the Circular Letter.                  teachers.                                      commenced in December 2004.




School Year 2005/06
From Circular Letter M21/04
October 2005 Mid-term Break                    February 2006 Mid-term Break                   Easter 2006

All schools will close from 31st October       Post-Primary schools will close from 13th      All schools will close on 7th April
to 4th November 2005 inclusive.                to 17th February 2006 inclusive.               which will be the final day of the school
                                                                                              term. All schools will re-open on
Christmas 2005                                 Primary schools will close from 16th to 17th   24th April 2006.
                                               February 2006 inclusive. (Primary schools
All schools will close on 22nd December        may use 3 discretionary days to extend this
2005 which will be the final day of the         break to an alternative option of a 5 day
school term. All schools will re-open on       break).
9th January 2006.




38    TUI NEWS
                                                                                                                                 www.tui.ie




TUI Recruitment Drive
This September, as new                         All new teaching staff, be they permanent
                                               or temporary, part-time or wholetime.
teaching staff start in                        should be approached immediately by TUI
                                               representatives. Teachers/lecturers who did
our third level Institutes,                    not join the union in previous years should
                                               be approached again to encourage them
Vocational Schools,                            to join.
Community Colleges,                            The approach to recruitment of potential
Community and                                  new members should be one of welcome
                                               and assistance and should point out the
Comprehensive Schools,                         benefits of the Union particularly in
                                               terms of job security, job protection and
VTOS, Youthreach                               improved salaries and conditions.
and Traveller Training                         Other benefits should also be mentioned
Centres, TUI is, as ever,                      such as the highly competitive Car
                                               Insurance Scheme, the Income
engaged in a major                             Continuance Plan, the TUI Credit
                                               Union and the Union’s Provident Fund
recruitment drive.                             which provides assistance with medical
                                               expenses. Details of these and other
To this end, recruitment posters and wallets   schemes are included in the recruitment
have been despatched to all representatives,   material along with an application form,
and additional copies are available from TUI   Deduction at Source form and Credit Union        The forms are also downloadable
head office.                                    application form.                                from TUI’s website (www.tui.ie).




GMIT Reunion
  Are you a graduate of Galway-Mayo            And if you are, or you know someone who          In order to be able to notify you of the
  Institute of Technology (GMIT),              is, a graduate living on the East Coast of the   benefits and services we provide, we need
  formerly known as the Regional               USA, we’d like to invite you to an Alumni        up-to-date contact details. Please contact
  Technical College, Galway?                   event in New York in October 2005, which         Michelle Healy, GMIT Alumni Relations
                                               coincides with the FBD Connacht Football         Officer, to get an Alumni Update
  Would you like to get in touch with          Final replay between GMIT and NUT, Galway.       Form or to register your interest in the
  former classmates and be notified                                                              above events.
  of events happening at GMIT?                 Membership of the GMIT Alumni Association
  If so, we’d be delighted to hear             is free and automatic to all graduates and       Tel: +353-91-742735
  from you!                                    provides a range of benefits - including the      Fax: +353-91-751144
                                               organisation of class reunions and other         Email: michelle.healy@gmit.ie
  In particular, we want to hear from          events, discounts, assistance with starting
  graduates of 1994 and 1995 for a reunion     your own business - with many more benefits
  event in Galway in November 2005.            being planned for the future.


                                                                                                                            TUI NEWS    39