Labour Court Database __________________________________________________________________________________ File Number: CD92138 Case Number: LCR13646 Section / Act: S26(1) Parties: IRISH NATIONAL HERITAGE PARK - and - IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION |
Claim by the Union, on behalf of staff employed at the Park, for an increase in basic rate of pay and continuous employment during the winter closure.
Recommendation:
In dealing with the claim the Court noted that this was a newly
organised employment where the pay rates compare unfavourably
with the same category of work in other employments.
Having considered the submissions from the parties the Court is
of the view that the appropriate pay relationship for the
claimants is with similar employees in the Office of Public
Works who have already an established pay relationship with
clerical and staff officer grades in the Civil Service.
The Court accordingly recommends that the following incremental
scales be applied from 1.1.92.
Guide #180.71 p.w. at entry under 24 years,
#186.30 p.w. at 24 years, #192.14, #197.44,
#203.77 p.w.
Head Guide and #209.50, #215.50, #222.63 and
Asst. Supervisor #232.14p.w.
Supervisor #13,301, #13,992, #14,401 and #14,814 p.a.
The above scales to be increased in accordance with the
agreement reached between the Minister for Finance and the
Public Service Unions in relation to increases due under
P.E.S.P. and thereafter by increases granted to the Civil
Service clerical officer and staff officer grades.
Progression on the scales: age pointing where it applies and
otherwise following each completed working year.
In the present circumstances of the Park being closed from
November to the following March the Court does not recommend
concession of the Union's claim for continuous employment year
round.
Division: Ms Owens Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD92138 RECOMMENDATION NO. LCR13646
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT 1990
PARTIES: IRISH NATIONAL HERITAGE PARK
and
IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION
SUBJECT:
1. Claim by the Union, on behalf of staff employed at the
Park, for an increase in basic rate of pay and continuous
employment during the winter closure.
BACKGROUND:
2. The Irish National Heritage Park is located at Ferrycarrig,
Wexford and was opened in 1987. The Park originated with
Wexford County Council but it was decided that the Park should
function as an independent enterprise. The Wexford Heritage
Trust Limited was established to operate and market the Park as
a major tourist, cultural, educational and heritage attraction.
The Park operates on a seasonal basis and the staff are laid off
when the Park closes during the winter months i.e. November to
March. In the initial years staff had to re-apply for work and
attend for interview but it was agreed in 1989 that the existing
staff would be offered re-employment each year without further
interview. The reception centre has been franchised to the
South Eastern Tourism Organisation (S.E.R.T.O.) from 1992
onwards and the supervisor and assistant supervisor will be paid
by S.E.R.T.O. from the current season.
There is no agreed staff pay structure and the rates of pay for
1991 and 1992 are as follows:
1991 1992
Supervisor #172 per week #200 per week
Assistant Supervisor #155 per week #170 per week
Head Guide #157 per week #162 per week
Guides (2) #151 per week #151 per week
In March 1991 the Union made a claim for continuous employment
year round for the staff and for a pay scale for each grade as
follows:
Supervisor Grade IV scale commencing at 23 and over
point - #12,760 - #15,919
Head Guide #9,232, 9,649, 10,065, 10,481, 10,898,
11,314, 11,730, 12,147, 12,563, 12,979,
13,393, 13,812, 13,962, 14,756.
Guides Etc. Grade III - #8,400 - #13,812
Trainee Guides Minimum of Grade II for 1st year and then
after assessment by the Curator and
Administrator, move on to the Grade III
scale.
The Company rejects the claim. No agreement was reached at
local level discussions and the matter was referred to the
Labour Relations Commission on 22nd July, 1991. A conciliation
conference was held on 16th October, 1991 at which no agreement
was reached. The dispute was referred to the Labour Court on
26th February, 1992 in accordance with Section 26(1) of the
Industrial Relations Act, 1990. The Court investigated the
dispute on 14th April, 1992.
UNION'S ARGUMENTS:
3. 1. The Park is now open for the 6th consecutive season
and the Union considers it is time to agree pay scales for
the staff. The Union has linked the staff with local
authority grades because the Park is administered through
the local authority and the administrator is an employee of
the County Council. The Union has had difficulty in
obtaining information on the pay scales for posts similar
to those of the staff concerned.
2. In regard the tenure of employment of the staff the
Union is seeking year round employment. While the Union
appreciates that the Park must close during the winter
season staff could be gainfully employed in marketing the
amenity and training staff. It is unacceptable that staff
who are doing an excellent job should be laid off each year
when they could be working to improve and develop the Park.
3. The reception area has been franchised by the Company
to S.E.R.T.O. for a 3 year period from 1992. Although the
supervisor and assistant supervisor will be paid by
S.E.R.T.O. the Company still has a responsibility to the
staff in the reception area as it agreed in 1989 that all
staff would be offered re-employment each year. The Union
got clarification before the hearing that S.E.R.T.O. did
not need to be represented and that the 5 staff are covered
by the claim.
COMPANY'S ARGUMENTS:
4. 1. The Park is a tourist and educational enterprise
operated by a limited Company totally separate from local
government. In view of the tourism nature of the Park the
wages of staff were aligned to the tourist information
officers attached to S.E.R.T.O. The Company has made
additional allowance over and above that of S.E.R.T.O.
rates in recognition of the staff's efforts to promote and
develop the Park.
2. The Union's claim for a relationship with local
authority grading is inappropriate because of the tourist
nature of the development. By commercial standards the
Park does not generate a substantial profit and relies on
significant grant aid. Any increase in staff costs would
put future employment at risk.
3. Under a new arrangement S.E.R.T.O. will operate the
reception centre for 1992 and following years. This
agreement includes responsibility for staff. Accordingly
the supervisor and assistant supervisor are now employed by
S.E.R.T.O. and are no longer considered by the Company to
be included in the Union's claim.
4. The Park is a seasonal operation which commences in
March/April and ends in October/November. It was never
envisaged that the Park could be opened during the winter
or that staff would be permanently employed. Continuous
employment of the staff could not have been expected and is
not appropriate.
RECOMMENDATION:
In dealing with the claim the Court noted that this was a newly
organised employment where the pay rates compare unfavourably
with the same category of work in other employments.
Having considered the submissions from the parties the Court is
of the view that the appropriate pay relationship for the
claimants is with similar employees in the Office of Public
Works who have already an established pay relationship with
clerical and staff officer grades in the Civil Service.
The Court accordingly recommends that the following incremental
scales be applied from 1.1.92.
Guide #180.71 p.w. at entry under 24 years,
#186.30 p.w. at 24 years, #192.14, #197.44,
#203.77 p.w.
Head Guide and #209.50, #215.50, #222.63 and
Asst. Supervisor #232.14p.w.
Supervisor #13,301, #13,992, #14,401 and #14,814 p.a.
The above scales to be increased in accordance with the
agreement reached between the Minister for Finance and the
Public Service Unions in relation to increases due under
P.E.S.P. and thereafter by increases granted to the Civil
Service clerical officer and staff officer grades.
Progression on the scales: age pointing where it applies and
otherwise following each completed working year.
In the present circumstances of the Park being closed from
November to the following March the Court does not recommend
concession of the Union's claim for continuous employment year
round.
~
Signed on behalf of the Labour Court
Evelyn Owens
8th May, 1992 ------------------
A.S./N.Ni.M. Deputy Chairman
Note:
Enquiries concerning this Recommendation should be addressed to
Mr. Alfie Smith, Court Secretary.