LCR14396

Labour Court Database __________________________________________________________________________________ File Number: CD93620 Case Number: LCR14396 Section / Act: S26(1) Parties: BORD NA GCON - and - MARINE PORT AND GENERAL WORKERS UNION

Subject:
Review of salary scales for (1) Racing Managers, (2) Control Stewards, (3) Stipendiary Stewards.

Recommendation:
1993

Division: Mr Heffernan Mr Brennan Mr Rorke

Text of Document__________________________________________________________________

CD93620 RECOMMENDATION NO. LCR14396

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES:
BORD NA gCON
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)

AND

MARINE PORT AND GENERAL WORKERS UNION

SUBJECT:

1. Review of salary scales for (1) Racing Managers, (2)
Control Stewards, (3) Stipendiary Stewards.


BACKGROUND:

2. The Labour Court investigated the above dispute on 15th
November, 1993. The Court's recommendation is as follows:-


RECOMMENDATION:
1. The claim for increased salaries for racing managers, control
Stewards and stipendiary stewards has been on-going since
1987. At that time the Court recommended the appointment of
an assessor to examine the content of the claimants' jobs and
to report on the merits of the conflicting arguments put
forward by the parties. For whatever reason no assessment
was carried out until 1993 and it then proved unacceptable to
the Union. The case was referred back to the Court on 15th
November, 1993 and the parties agreed that the Court should
appoint an Assessor. The assessor would be paid by the Bord
but would report only to the Court which would then issue its
recommendation. The parties agreed to be bound by the
Court's Recommendation.

The assessor submitted his report to the Court on 4th March,
1994.



2. THE CLAIMS

In broad terms, the Union sought improved salaries for the
categories involved in respect of increased duties and
responsibilities and having regard to salaries paid to Head
Office staff. Time has overtaken the original claim and the
merits of the claimants' case can only be realistically
examined against the factual position that now obtains. The
Court has done so by general comparison of the claimants'
original levels of responsibility against their present job
requirements and developments likely to affect their jobs in
the short/medium term.


3. GENERAL

(a) IMPACT OF CHANGE

It was a problem in 1987 and remains so to-day, that
different working circumstances and arrangements apply
at various tracks although claimants are on the same
salary scale. As a result, changes which occur can
have significantly varied effects on the individuals
within the group. This applies particularly in the
case of Control Stewards but also to Racing Managers
and to a small degree to Stipendiary Stewards.


(b) STATE OF THE BUSINESS

Since 1987 there has been a steady and substantial
decline in the business of the Bord. This situation is



not disputed by either of the parties and is readily
confirmed by the available statistical and financial
information. The position would be worse, however,
were it not for the efforts of the Bord and its staff,
including the claimants, to counter present-day
difficulties through some rationalisation, greatly
increased sponsorship and an extension of racing at
established meetings. But much still remains to be
done and the claimants have a significant role to play
in the implementation of the Bord's strategy to return
the business to viability. In considering the Union's
claim, however, the Court must have regard to the
existing financial difficulties.


(c) In considering the Union claim, the Court has had
particular regard to the following:-

- the claim has been on-going since 1987

- increments of change have occurred since the
initiation of the claim but not in a uniform manner

- further change is necessary and inevitable

- serious financial difficulties exist in the
business.

4. CLAIM-RACING MANAGERS

The Court notes that, in recent years, racing managers have
had to place much greater emphasis on and accept greater
responsibility for the commercial elements of their job



particularly in the areas of sponsorship and charity
meetings. In considering this aspect, the Court has had
regard to the generally difficult economic climate and to the
strong competition for limited sponsorship resources.

In addition, the Court recognises the additional technical
difficulties for racing mangers in the grading of dogs and
filling of races. This stems from a declining pool of
suitable dogs, which in turn is the outcome of a more
commercial attitude by owners and breeders to the keeping of
dogs.


Despite the technical difficulties, most tracks have
increased the number of races on their cards but the number
varies considerably from track to track. The movement is
towards a ten race card and the Court accepts that this
development will become an essential requirement at virtually
all tracks in the near future.

The Court considers that, in general terms, the grading
structure and relative salary scales for racing managers at
the various tracks is correct. The more limited commercial
involvement of the R.M. at Shelbourne Park is offset by the
greater technical difficulties as they apply to the Flag Ship
Stadium.

Having taken account of all the features of the R.M.'s job,
as put forward both by the parties and by the assessor, the
Court recommends as follows:-



- that there should continue to be full co-operation
and flexibility from R.M.'s with the Bord's efforts
to re-establish the viability of the business

- that up to ten races should be accepted by R.M.'s
as the norm for meetings

- that Sunday racing, as an alternative to a mid-week
fixture, should be accepted by R.M.'s

- that overtime in respect of the number of races
over eight (as per formula) should be phased out
evenly over three years

- that the salary of the R.M. at Tralee should be
personally "Red-Circled" as the number of nights
racing is now only two.

- that, having regard to all aspects of the job of
R.M., including the changes that have taken place
and on acceptance of the conditions set out above
the salary scales of R.M.'s should be adjusted to
the following levels with effect from 1st November,
1993.
REVISED RATES EXISTING RATES

Shelbourne Park } #21,050 (Max) | #19,572
|
Limerick } #18,480 - #20,100 | #17,192 - #18,687
Cork } (3 increments) |
|
Harolds Cross } #17,520 - #19,200 | #16,301 - #17,888
Tralee } (3 increments) |


REVISED RATES | EXISTING RATES
Waterford } |
Youghal } #14,660 - #16,400 | #13,641 - #15,241
Galway } (3 increments) |


5. CLAIM - CONTROL STEWARDS

There are two salary rates for Control Stewards:-

Rate "A" : #12,185 P.A.
Applies to Control Stewards who cover one or
two tracks - involving at least 3 race
meetings per week and including all racing and
trials at the specified tracks, subject to an
overall maximum of 35 hours worked.

Rate "B" : #7,335 P.A.
Applies to Control Stewards who cover one
track - involving two nights racing per week
and including trials at the specified track,
subject to an overall maximum of 20 hours
worked. This rate applies only to the Control
Steward at Galway. Even though both Lifford
and Tralee tracks race on only two nights,
having reduced from three, the Control
Stewards retain Rate "A".

Control Stewards fulfil an important inspecting and policing
role for the Bord at the tracks to which they are assigned.
Their duties provide the protection of the integrity of
racing and consequently have not changed significantly in
content or emphasis over the years.



The hours of work of Control Stewards must be dictated by
racing times and the Court is satisfied that the factor of
unsocial hours has always been taken into account in their
salaries. The attendance of Control Stewards at the traps is
an additional responsibility but cannot be considered as
burdensome. Neither can their limited involvement in dope-
testing be regarded as significant.

However, there have been changes in relation to the time
requirements of the job of Control Steward: these arise from
the gradual increase over the years in the number of races
per meeting, the extension of the racing season and the
reduction of racing nights at some tracks. These changes
have not been uniform and there are obvious anomalies in the
present situation particularly in so far as scheduled
attendance at racing is concerned.

As a result, the work of Control Stewards paid Rate "A"
ranges from involvement in two nights racing weekly,
representing 800 races in the year to five nights racing with
a total of 1918 races. In between these extremes, Control
Stewards work two, three or four racing nights with the
number of races ranging from 1060 to 1580. Some
rationalisation is clearly required.

Having regard to the importance of Control Stewards in
maintaining standards and controls at tracks, the status and
acceptability which they must establish through integrity and
service, the increased time-content of their jobs and the
part which they must play in the Bord's programme to
re-establish the viability of racing, the Court recommends as
follows:-



- that there should continue to be full co-operation
and flexibility from Control Stewards with the
Bord's efforts to re-establish the viability of the
business.

- that up to ten races should be accepted by Control
Stewards as the norm for meetings.

- that Sunday racing, as an alternative to a mid-week
fixture should be accepted by Control Stewards.

- that, where overtime is paid in respect of races
over eight, it should be phased out evenly over
three years.

- that the salary of the Control Stewards at Lifford
and Tralee should be "red-circled" on a personal
basis.

- that having regard to all current aspects of the
Control Steward job, including the changes that have
taken place and on acceptance of the conditions set
out above the salary levels of Control Stewards
should be adjusted to the following levels with
effect from 1/11/93:-

Rate "A" : #12,900 P.A.
#300 P.A. additional allowance in respect of
4/5 nights racing.

Rate "B" : #7,700 P.A.




6. CLAIM - STIPENDIARY STEWARDS

Although their original range of duties has not been formally
altered, the Stipendiary Steward job has changed in emphasis
over recent years. This can be attributed to the reduction
in the number of Stewards and to the development and
importance of dope-testing of dogs at race meetings.

With the reduction in numbers, the remaining two Stipendiary
Stewards are paid a substantial allowance to compensate for
an increased volume of work and a greater geographical
spread. While this covered such matters as greater
substitution for Control Stewards it did not take account of
the changed role of racing managers for whom the Stipendiary
Stewards also substitute. This latter aspect of their job
requires skills and competence of a commercial nature that is
distinct from the regulatory requirements of their normal
job. In addition, the growth of dope-testing and the
critical importance of the application of correct procedures
has added to the responsibilities of Stipendiary Stewards for
the image of dog racing. Having regard to all the features
of the Stipendiary Stewards jobs as put forward both by the
parties and the Assessor, the Court recommends as follows:-

- that there should continue to be full co-operation and
work flexibility from Stipendiary Stewards with the
Bord's efforts to re-establish the viability of the
business.

- that up to ten races should be accepted by Stipendiary
Stewards as the norm for race meetings.



- that Sunday racing as an alternative to a mid-week
fixture should be accepted by Stipendiary Stewards.

- that taking account of all aspects of the Stipendiary
Steward job, including the changes that have taken place
and on acceptance of the conditions set out above, the
basic salary levels of Stipendiary Stewards should be
adjusted as follows with effect from 1/11/93:-

REVISED RATES EXISTING RATES

Salary Scale #12,300 x 10 #17,230 |#11,607 x 10 #16,255
+ | #2,400 P.A. Allowance |#2,400 P.A. Allowance


7. INDUSTRIAL RELATIONS

The inordinate protraction of this case raises questions
regarding the effectiveness of industrial relations in the
Bord. Having regard to the difficulties besetting the
business, it is in the interest of the Bord, its staff and
the Union that industrial relations be well-structured, open
and consultative and the Court recommends that discussions
take place between the parties to achieve this end.
~
Signed on behalf of the Labour Court


11th April, 1994 Kevin Heffernan
F.B./M.M. _______________
Chairman

Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.