The Government has moved to prevent any repetition of strike action by teachers that would affect 100,000 Leaving and Junior Cert exam students.
Under the benchmarking agreement, teaching unions have agreed to discussions on a new code of practice governing the exams.
The plan is that the exams will be regarded as an essential public service and therefore subject to different strike procedures. The Government wants the rules which govern industrial action by other emergency services to be extended to the exams.
In practice, it means no strike action could be taken without first exhausting all the negotiating processes. One Government source said : "We never want to see a situation again where people like the ASTI can target students as they prepare for exams".
The new code won't ban strikes but the unions will only be able to take action after exhausting the conciliation systems - and after full consultation with members.
The ASTI boycotted the benchmarking talks but last night education sources said their 17,000 members will not receive the 13 per cent pay increase due under benchmarking unless they sign up for the "modernisation" deal worked out in recent days. The ASTI is set to ballot members on the benchmarking deal next month.
The benchmarking deal delivers over 13 per cent for teachers plus 7 per cent from the expected new pay deal. One quarter of the benchmarking award (3.25 per cent) is due (retrospectively to December 2001) once the deal is agreed. The remainder will be paid in two further instalments: 6.5 per cent on January 1st, 2004, and 3.25 per cent on June 1st, 2005.
ASTI members received full payment of the last pay deal, the PPF, even though it withdrew from the talks. Its members received the final 4 per cent, which was linked to school development planning, after the union confirmed that its members had co-operated with this.
On this occasion, education sources insist the ASTI cannot be paid the 13 per cent unless they sign up to the new modernisation agenda.
Moderates in the ASTI want the benchmarking ballot to take place with the ballot on supervision due in early March. This would help ensure a better turnout on the supervision issue; something which could help draw more support for the €38 per hour supervision offer.