Labour Court Database __________________________________________________________________________________ File Number: CD87453 Case Number: LCR11321 Section / Act: S67 Parties: CENTRAL FISHERIES BOARD - and - ITGWU |
Claim, by the Union on behalf of three workers, for an increase in rates of pay.
Recommendation:
6. The Court recommends that the rates of pay be brought into
line with rates in the Catering Industry - due allowance being
made for the particular circumstances applying locally.
Division: CHAIRMAN Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD87453 THE LABOUR COURT LCR11321
CC87503 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 11321
PARTIES: CENTRAL FISHERIES BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim, by the Union on behalf of three workers, for an
increase in rates of pay.
Background:
2. During the fishing season, which runs from the begining of
April to the end of September, the Board runs a fishing lodge on
the Erriff river. In August, 1986, the Union presented a claim on
behalf of a cook and two waitresses employed in the lodge for an
increase in the rates of pay. The current rates are as follows -
Cook : #2.27 per hour + #14 per week retainer during the
off season
Waitress : #1.96 per hour
The Union maintained that the duties of the workers concerned are
similar to the duties of staff in any catering establishment and
therefore the rates should approximate to the rates applying in
the Joint Labour Committee rates (J.L.C.) for the catering trade
which are as follows -
COOK FROM 1st OCTOBER 1986
#
1st Year 50% of full rate 61.51
2nd Year 65% of full rate 79.95
3rd Year 80% of full rate 98.41
Trained full rate 123.01
WAITER/WAITRESS
#
1st Year 60% of full rate 54.87
2nd Year 80% of full rate 73.16
3rd Year and over full rate 91.46
Whilst recognising many of the points raised by the Union, the
Board indicated that its response to the claim was directly guided
by the Department of the Public Service. As agreement could not
be reached at a local level the issue was referred on 26th March,
1987, to the conciliation service of the Labour Court.
3. At a conciliation conference on 14th May, 1987, the Union
reiterated its' claim and the Board responded that the Government
embargo prevented it from conceding the claim. Both parties were
of the view that formal adherance to the J.L.C. rates for the
catering trade would restrict the flexibility associated with
running the lodge. No agreement being reached the matter was
referred, on 4th June, 1987, to the Labour Court for investigation
and recommendation. A Court hearing took place on 10th July,
1987.
Union's arguments:
4. (a) The workers concerned are grossly underpaid. The work
they perform is directly comparable to the work of
other workers in the industry who are covered by the
J.L.C. for the catering trade. Therefore, the correct
rates should be the J.L.C. rates.
(b) All other employees of the Board have direct
comparisons eg. general operatives to local authority
workers and fishery officers to agricultural officers.
Board's arguments:
5. (i) As a result of severe financial constraints, which
have led to the loss of approximately 45 jobs in 1987,
the Board has had to exercise considerable restraint
in all cost areas, including pay outside the approved
terms of the general pay round increases. The Union's
claim constitutes a special claim over and above the
general round increase and the Board must apply the
Government directive that no special increases are to
be awarded other than those already approved or for
which provision had been made.
(ii) The Board recognises the wage rate anomalies that
exist in relation to the catering staff at the lodge
and is prepared to keep the issue under active review.
RECOMMENDATION:
6. The Court recommends that the rates of pay be brought into
line with rates in the Catering Industry - due allowance being
made for the particular circumstances applying locally.
~
Signed on behalf of the Labour Court
15th July, 1987 John M. Horgan
B.O'N./P.W. Chairman