Labour Court Database __________________________________________________________________________________ File Number: CD93425 Case Number: LCR14150 Section / Act: S26(1) Parties: ASSOCIATION OF IRISH RACECOURSES - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning changes in work practices.
Recommendation:
5. The Court has considered the submissions of the parties and
the extensive oral evidence presented at the hearing. In view of
the desire of both parties for an immediate recommendation, the
Court is issuing its findings by way of letter recommendation.
The Court urges that both sides accept the following
recommendation to resolve the current dispute:-
DUBLIN METROPOLITAN TRACKS
1. The selection and allocation of staff will be made by
individual Racecourse Managers from the current S.I.P.T.U.
list. This list may be revised by:-
(a) ADDITIONS:
New staff recruited by Racecourse Managers and
added to the current S.I.P.T.U. list.
(b) REDUCTION:
Persons on the existing S.I.P.T.U. list who may
resign in the context of this recommendation.
(c) REDUCTION:
Persons who the racecourse employers no longer wish
to employ.
2. Staff falling under (1.b) and (1.c) above may appeal to a
Rights Commissioner within six months of the acceptance of
this agreement should they wish to pursue a case for
compensation. The normal procedure for appeal to the Labour
Court will be available to each party if required.
3. If an individual on the current S.I.P.T.U. list is
dissatisfied with the number of days employment received in
the six months from the date of acceptance of this agreement,
he will be entitled to refer the matter to a Rights
Commissioner and, if deemed necessary, to the Labour Court by
way of appeal.
4. The employment of any person on the S.I.P.T.U. list who is
currently over 70 years of age should be at the discretion of
each Racecourse Manager.
5. The Racecourse Managers should have the right to remove from
the S.I.P.T.U. list any member found guilty of gross
misconduct of the nature alleged to have occurred at
Leopardstown.
NON-METROPOLITAN TRACKS:
1. The recruitment, selection and allocation of staff at
non-metropolitan tracks should be at the discretion of local
Racecourse Managers.
2. As part of this process, the A.I.R. should select a pool of
15 staff to be available to work in key positions on all
racecourses when and as required. Individual managers should
select a number of staff from this pool as their requirements
dictate.
3. The pool of 15 should be selected through open competition
and interview and all persons on the current S.I.P.T.U. list
should be eligible.
INDUSTRIAL RELATIONS:
1. In accordance with good industrial relations practice, there
should be no victimisation of any staff member arising from
involvement in the present dispute.
2. The operation of the agreement should be reviewed by the
parties some six months after acceptance. If deemed
appropriate by either party, the review should take place
under the auspices of the Labour Relations Commission.
SUNDAY RACING:
1. This issue should be dealt with by the parties through normal
industrial relations procedures. Though referred to at
to-day's hearing it was not part of the dispute referred to
the Court.
Division: Mr Heffernan Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD93425 RECOMMENDATION NO. LCR14150
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
INDUSTRIAL RELATIONS ACT, 1990
SECTION 26(1)
PARTIES: ASSOCIATION OF IRISH RACECOURSES
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning changes in work practices.
BACKGROUND:
2. 1. Over the years, casual staff for the racecourses
represented by the Association of Irish Racecourses (AIR) were
recruited through the Racing Staff Association (RSA). The
individual racecourses would select and allocate staff from an
RSA list while retaining the right to recruit, select and
allocate staff directly if the need arose.
2. In February, 1993, an investigation into alleged fraud
at Leopardstown Racecourse commenced, and on the 2nd March,
1993 the Union were advised of a decision by the racecourses,
arising out of this incident, to revert to the direct
selection and allocation of staff. The Union objected to this
decision and requested a return to the established system.
Local meetings failed to resolve the dispute and industrial
action followed.
3. The matter was referred to the Labour Relations
Commission and conciliation conferences took place on the 2nd,
24th, and 29th June, 1993. The AIR put forward the following
proposals:-
"1. DUBLIN METROPOLITAN TRACKS
Selection and allocation of staff will be from the
'current' SIPTU list, new staff will be recruited
by individual Racecourse Managers and added to the
SIPTU list.
Employment of any member over 70 years of age is at
the discretion of each Racecourse Manager.
This list may be adjusted when ongoing
investigations into alleged fraud at Leopardstown
have been completed, and the Association reserve
the right to remove from this list any member found
guilty of misconduct by this investigation.
A severance payment may be made to any member of
the list who wishes to resign from the list.
All members are ensured of a fair hearing through
an established Grievance Procedure, in the event of
a dispute concerning jobbing levels.
2. NON-METROPOLITAN TRACKS
Selection, manning levels and allocation procedures
are to be at the discretion of local Racecourse
Managers, with members from the pool of ten to work
at all Racecourses.
3. CORE STAFF
A pool of 10 staff are to be selected to work in
key positions at all Racecourses, as required.
Selection of these members will be through open
competition and interview. All existing SIPTU
members on the list are eligible to apply for these
positions. The terms and conditions of employment
will not be less favourable than for those on the
SIPTU list.
4. The AIR will inform all Racecourse Managers that in
accordance with good Industrial Relations practice,
victimisation of those involved in the current
dispute will not be accepted.
5. Both parties agree to meet in October 1993, if
requested, to review the implementation of these
proposals.
6. It was agreed that the Sunday Racing Agreement
would be addressed later in line with similar
negotiations with the Racing Board and Turf Club."
The proposals were rejected by the workers and the dispute was
referred by the Labour Relations Commission to the Labour Court on
the 15th July, 1993. The Court investigated the mater on the 22nd
July, 1993.
UNION'S ARGUMENTS:
3. 1. The recruitment and selection system which operated
prior to the 17th March, 1993 has been in operation for the
last forty years.
2. The old system has been abolished without any reference
to the grievance procedure.
3. Management at Gowran Park Racecourse breached the Sunday
Racing Agreement by employing non-trade union labour.
4. There are a number of race tracks in which the union
members are not involved in any stiles work, yet, they are
debarred from working in these tracks.
5. Workers are concerned that their good name has been
sullied by management's action at the Leopardstown Racecourse.
ASSOCIATION'S ARGUMENTS:
4. 1. The future of racing in Ireland is under negotiation
with the Unions, Association of Irish Racecourses, the Racing
Board and the Turf Club. All of the workers involved in
racing are being asked to negotiate new terms and conditions
of employment which reflect the reality of racing in Ireland.
2. The changes being sought are necessary to safeguard the
future of racing, protect existing business and attract new
patrons.
3. Failures in the existing systems and the loss of
confidence in these procedures forced management to revert to
the direct employment of casual staff.
4. The proposals put forward would have provided a
reasonable and satisfactory solution to the dispute.
RECOMMENDATION:
5. The Court has considered the submissions of the parties and
the extensive oral evidence presented at the hearing. In view of
the desire of both parties for an immediate recommendation, the
Court is issuing its findings by way of letter recommendation.
The Court urges that both sides accept the following
recommendation to resolve the current dispute:-
DUBLIN METROPOLITAN TRACKS
1. The selection and allocation of staff will be made by
individual Racecourse Managers from the current S.I.P.T.U.
list. This list may be revised by:-
(a) ADDITIONS:
New staff recruited by Racecourse Managers and
added to the current S.I.P.T.U. list.
(b) REDUCTION:
Persons on the existing S.I.P.T.U. list who may
resign in the context of this recommendation.
(c) REDUCTION:
Persons who the racecourse employers no longer wish
to employ.
2. Staff falling under (1.b) and (1.c) above may appeal to a
Rights Commissioner within six months of the acceptance of
this agreement should they wish to pursue a case for
compensation. The normal procedure for appeal to the Labour
Court will be available to each party if required.
3. If an individual on the current S.I.P.T.U. list is
dissatisfied with the number of days employment received in
the six months from the date of acceptance of this agreement,
he will be entitled to refer the matter to a Rights
Commissioner and, if deemed necessary, to the Labour Court by
way of appeal.
4. The employment of any person on the S.I.P.T.U. list who is
currently over 70 years of age should be at the discretion of
each Racecourse Manager.
5. The Racecourse Managers should have the right to remove from
the S.I.P.T.U. list any member found guilty of gross
misconduct of the nature alleged to have occurred at
Leopardstown.
NON-METROPOLITAN TRACKS:
1. The recruitment, selection and allocation of staff at
non-metropolitan tracks should be at the discretion of local
Racecourse Managers.
2. As part of this process, the A.I.R. should select a pool of
15 staff to be available to work in key positions on all
racecourses when and as required. Individual managers should
select a number of staff from this pool as their requirements
dictate.
3. The pool of 15 should be selected through open competition
and interview and all persons on the current S.I.P.T.U. list
should be eligible.
INDUSTRIAL RELATIONS:
1. In accordance with good industrial relations practice, there
should be no victimisation of any staff member arising from
involvement in the present dispute.
2. The operation of the agreement should be reviewed by the
parties some six months after acceptance. If deemed
appropriate by either party, the review should take place
under the auspices of the Labour Relations Commission.
SUNDAY RACING:
1. This issue should be dealt with by the parties through normal
industrial relations procedures. Though referred to at
to-day's hearing it was not part of the dispute referred to
the Court.
~
Signed on behalf of the Labour Court
Kevin Heffernan
14th September, 1993 ----------------
P O'C/U.S. Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR PAUL O'CONNOR, COURT SECRETARY.