Labour Court Database __________________________________________________________________________________ File Number: CD87144 Case Number: LCR11170 Section / Act: S67 Parties: BORD NA GCON - and - ASTMS |
Claim on behalf of one worker for a salary review.
Recommendation:
6. The Court recommends, having regard to the re-allocation of
duties and responsibilities consequent on appointment of a
part-time chairman, that the salary of the claimant be increased
by 2%.
Division: CHAIRMAN Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87144 THE LABOUR COURT LCR11170
CC87134 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11170
Parties: BORD NA GCON
(Represented by the Federated Union of Employers)
and
ASSOCIATION OF SCIENTIFIC, TECHNICAL AND MANAGERIAL STAFFS
Subject:
1. Claim on behalf of one worker for a salary review.
Background:
2. Bord na gCon was established in 1958 as a statutory body
charged with the promotion and regulation of greyhound racing in
Ireland. The executive structure was as follows:-
Chairman (Chief Executive)
Chief Officer
Accountant
Section Head
In October 1983 the Minister for Agriculture appointed a part-time
Chairman to replace the former full-time Chairman and the post of
Chief Officer was redesignated as that of Chief Executive Officer.
3. The salary of the Accountant is related to that of the Section
Heads and this was confirmed in a Labour Court Decision on an
appeal against a Rights Commissioner's Recommendation in 1981.
However, when the executive structure changed in 1983 there was a
change in the duties/responsibilities in the various grades. The
Union lodged a claim on behalf of the Accountant for an increase
in his salary. The Bord rejected this claim. As no agreement
could be reached at local level the matter was referred to the
conciliation service of the Labour Court. No basis for a
settlement could be reached at a conciliation conference held on
18th February, 1987 and the matter was referred to the Labour
Court for investigation and recommendation. A Court investigation
into the dispute was held on 8th April, 1987 in Limerick.
Union's arguments:
4. (a) The Board is saving approximately #30,000 per annum on
the Chairman's salary and related expenses.
(b) The worker here concerned, as well as the other
executives, has additional responsibilities as a result
of the change in the executive structure. There is now
one step less in this structure. The worker now has
authority to deal with the Chief Executive's
correspondence and to make decisions in his absence.
(c) The Board has accepted that there is some increase in
responsibilities involved.
(d) The Union accepts that there must be head room between
the Chief Executive and the other executives. This is
usually of the order of 96.47%. However, situations
have arisen in other semi-state companies and statutory
bodies where executives are paid more than the Chief
Executive.
Board's arguments:
5. (a) It has been established by a Rights Commissioners and
by the Labour Court that the Accountant has a 17%
differential over the Section Heads and that his
relativity is to them.
(b) The Board does not accept that there has been an
appreciable increase in the level of responsibility and
the duties of the Accountant. He must still consult
with the Chief Officer for any non-routine decisions.
(c) The Board accepts that there may have been an increase
in the frequency of certain duties or responsibilities.
While the Chief Officer may not be available as often
as in the past, the Accountant would be given a mandate
and have available professional assistance in regard to
meetings or third party intervention, the frequency of
which will vary considerably from time to time.
(d) Concession of this claim will give rise to
consequential claims from the Section Heads.
(e) The Board would draw the Court's attention to the fact
that the Government has decided not to authorise
implementation of the recent report of the Review Body
on Higher Remuneration in the Public Service and has
also announced a pay freeze.
RECOMMENDATION:
6. The Court recommends, having regard to the re-allocation of
duties and responsibilities consequent on appointment of a
part-time chairman, that the salary of the claimant be increased
by 2%.
~
Signed on behalf of the Labour Court
8th May, 1987 John M Horgan
R.B./U.S. --------------
Chairman