Labour Court Database __________________________________________________________________________________ File Number: CD92430 Case Number: LCR13754 Section / Act: S26(1) Parties: BORD NA GCON - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute regarding the application of P.E.S.P. to part-time tote staff in Dublin.
Recommendation:
3. Having considered the submissions made by the parties the
Court recommends that the payments due to the staff concerned
under phases 1 and 11 of P.E.S.P. should be paid at once. However
having regard to the serious financial situation in which the
Bord finds itself it further recommends that the retrospective
sums due in respect of these adjustments be paid in phased amounts
with all arrears fully paid not later than 1 year from the date of
issue of this recommendation.
The Court further noting the Union's willingness to co-operate in
cost saving measures recommends that the parties commence direct
negotiations on the issues raised by the Bord without further
delay.
Division: Mr O'Connell Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD92430 RECOMMENDATION NO. LCR13754
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: BORD NA GCON
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute regarding the application of P.E.S.P. to part-time
tote staff in Dublin.
BACKGROUND:
2. 1. The Board is a commercial semi-state organisation set up
under the 1958 Greyhound Industry Act. Its main sources of
income are derived from percentage deductions from on-course
bookmaker betting and from totalisator turnover. The claim is
on behalf of approximately 120 workers employed on a part-time
basis on the tote at the Harold's Cross and Shelbourne Racing
tracks. The workers have not received any pay increases from
the Programme for Economic and Social Progress (P.E.S.P.).
2. Local negotiations made no progress and the dispute was
referred to the Labour Relations Commission. Conciliation
conferences were held on 18th March and 1st April, 1992. The
Board outlined its financial difficulties and brought forward
cost cutting proposals (details supplied) which if agreed
would allow the Board to reconsider its position on the
payment of the P.E.S.P. The Union would not contemplate
getting into discussions on change prior to the application of
the P.E.S.P.
3. The dispute was referred to the Labour Court on 23rd July,
1992 and a Labour Court investigation took place on 17th
August, 1992.
UNION'S ARGUMENTS:
3. 1. The first phase of the P.E.S.P. was due to the workers on
1st January, 1991. The Board have delayed negotiations for
various reasons (details supplied). The workers in this case
are part-time and are not in a position to accept a wage
freeze. The Board has an obligation to implement the monetary
terms of the P.E.S.P. The matter is made more urgent by the
fact that full-time workers have been receiving the increases.
2. The Board is seeking to make the payment of a national
wage increase dependent on cost cutting measures. Recent
modernisation has resulted in major savings for the Board and
this is borne out by increased profit figures (details
supplied). The principal of part-time workers enjoying the
benefits of full-time workers on a pro-rata basis is widely
accepted. The Union believes that the increase will
effectively apply to only 70-78 workers. The Union is aware
of the Board's financial difficulties and is prepared to
negotiate on cost cutting measures when the wage increase is
implemented.
BOARD'S ARGUMENTS:
4. 1. The Board is in a very serious financial position with
heavy losses recorded for the years 1988 to 1991. There are
no cash reserves to fund any pay increases. The Board is
dealing with a business situation of rising costs and
decreasing revenue. It is essential that operating costs are
reduced and that there is flexibility of work practices. The
high cost of totalisator collection was recently emphasised in
a report of the Joint Oireachtas Committee on the operations
of the Board.
2. The cost of implementing the 2 phases of the P.E.S.P.
(with arrears) is #20,000. In order to be able to even
consider such a payment cost cutting measures must be
introduced. The Board has proposed to the Union a number of
such measures (details supplied) and it is essential that
these be implemented prior to any consideration of the
P.E.S.P.
RECOMMENDATION:
3. Having considered the submissions made by the parties the
Court recommends that the payments due to the staff concerned
under phases 1 and 11 of P.E.S.P. should be paid at once. However
having regard to the serious financial situation in which the
Bord finds itself it further recommends that the retrospective
sums due in respect of these adjustments be paid in phased amounts
with all arrears fully paid not later than 1 year from the date of
issue of this recommendation.
The Court further noting the Union's willingness to co-operate in
cost saving measures recommends that the parties commence direct
negotiations on the issues raised by the Bord without further
delay.
~
Signed on behalf of the Labour Court
John O'Connell
--------------
30th September, 1992. Deputy Chairman.
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.