Labour Court Database __________________________________________________________________________________ File Number: CD89312 Case Number: LCR12555 Section / Act: S67 Parties: BORD NA GCON - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Dispute concerning the implementation of an Irish Productivity Centre (I.P.C.) report.
Recommendation:
11. The Court has considered the submissions made by the
parties and whilst conscious of the current financial
difficulties being experienced by the Bord, and given its
undertaking to accept the findings of the original I.P.C. report
takes the view that this undertaking must be honoured. The
Court therefore recommends that provided the Union agrees to the
changes necessary to introduce full computerisation of the
systems, the terms of the I.P.C. report be implemented without
further delay. In light of the Board's, financial difficulties
the Court recommends that the issue of retrospection be
negotiated between the parties.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD89312 RECOMMENDATION NO. LCR12555
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BORD NA gCON
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Dispute concerning the implementation of an Irish
Productivity Centre (I.P.C.) report.
BACKGROUND:
2. Bord na gCon is a statutory body established in 1958,
charged with the promotion and regulation of greyhound racing in
this country. The Board is self-financing deriving its income
from levies on betting with bookmakers and totalisers at tracks.
3. On the 28th February, 1986 the Union submitted a claim on
behalf of five executive I and seven executive II officers for
parity with higher executive officers (H.E.O.) and executive
officers (E.O.) grades in the civil service. The executive I
pay scale is #10,115 at point 1 and #14,226 at point 11. The
executive 11 scale is #7,450 at point 1 and #12,889 at point 16
4. The parties subsequently agreed that an assessment of the
jobs in question be carried out by the I.P.C. under the
following terms of reference:
"Carry out an assessment of the job responsibilities of
the Executive staff (Grades I and II) of Bord na gCon and
compare with positions of equivalent responsibilities in
three comparable semi-state organisations. As many of
these organisations are already computerised the impact
and application of computerisation to the Board's system
and procedures will be investigated as part of the
exercise."
The three semi-state organisations chosen for comparison were
S.F.A.D.C.O., the Higher Education Authority and the Racing
Board.
5. The I.P.C. issued its report in July, 1987. The Union pointed
out that there had been errors in the report arising out of the
fact that the Bord na gCon scales included the third phase of
the Programme for National Recovery (P.N.R.) whereas the scales
of the bodies being compared with included the second phase and
not the third phase of the P.N.R. In February, 1988 the I.P.C.
submitted an amended report taking these points into account.
6. Following consultations with the Departments of Finance and
Agriculture and Food, the Board entered into negotiations with
the Union on the implementation of the I.P.C. report. The Board
insisted that the computerisation of the Boards office system
must be an inherent part of the implementation of the I.P.C.
report.The Board also informed the Union that the Department of
Agriculture had rejected the report and wanted to carry out its
own survey and had also decided to send in its own consultants
to look at systems and management. The Union objected to this
and insisted that the I.P.C. report be implemented. The Union
is prepared to comply with computerisation provided the pay
aspect is addressed.
7. In the absence of progress on the issue the matter was
referred to the conciliation service of the Labour Court on 17th
November, 1988. A conciliation conference was held on 15th
February, 1989. As no agreement was reached the dispute was
referred to the Labour Court on 3rd May for investigation and
recommendation. A Court hearing was held on the 28th July,
1987.At the hearing the Board stated that it would be in a
position to put forward proposals for the Union's consideration.
The hearing was adjourned for a month to allow the Board put
forward its proposals and for the Union to respond to same.
8. The hearing was resumed on the 18th August, 1989. At the
resumed hearing the Union informed the Court that it had
received the Board's proposals and had responded to same. The
proposals were not acceptable to the Union.
UNION'S ARGUMENTS:
9. 1. The Union is seeking to have the I.P.C. report
implemented as both parties agreed to be bound by its
findings.
2. The Union requests the Court to recommend the
immediate and full implementation of the findings of the
report with effect from February, 1986; being the date of
the initial claim.
EMPLOYER'S ARGUMENTS:
10. 1. Because of losses incurred by the Board (details
supplied to the Court) computerisation of the office
systems must be an inherent part of the implementation of
the I.P.C. report. This view has been borne out by a
management report from an independent firm of
consultants.
2. Board representatives have expressed strong views to
the Department officials in the matter of the delay in
dealing with the I.P.C. report at Departmental level. The
Board is very anxious to proceed with computerisation and
takes the view that it is essential that prior to
computerisation work practices and procedures with regard
to the recording of specific information should be
updated in order to facilitate computerisation and to
eliminate unnecessary labour intensive work which is now
being carried out.
3. The Departmental officials have agreed that they
would be prepared to consider a package to be submitted
from the Board to include:-
(a) changes in rates of pay for Bord na gCon executive
officers grade 1 and 11, (b) proposals re
computerisation and, (c) details of savings arising out
of computerisation.
RECOMMENDATION:
11. The Court has considered the submissions made by the
parties and whilst conscious of the current financial
difficulties being experienced by the Bord, and given its
undertaking to accept the findings of the original I.P.C. report
takes the view that this undertaking must be honoured. The
Court therefore recommends that provided the Union agrees to the
changes necessary to introduce full computerisation of the
systems, the terms of the I.P.C. report be implemented without
further delay. In light of the Board's, financial difficulties
the Court recommends that the issue of retrospection be
negotiated between the parties.
~
Signed on behalf of the Labour Court
John O'Connell
___________________
14th September, 1989 Deputy Chairman.
M.D./J.C.