Labour Court Database __________________________________________________________________________________ File Number: CD94152 Case Number: LCR14539 Section / Act: S26(1) Parties: MUCKROSS PARK HOTEL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning pay anomalies for four workers.
Recommendation:
5. Having considered the submissions from the parties, and noting
the background as to how wage rates were established by the
previous owners which was prior to the Union becoming involved,
the Court has concluded that the Union's claim is not soundly
based as the Court accepts that the rates claimed are personal to
the named comparators and are in effect red-circled.
Division: Ms Owens Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD94152 RECOMMENDATION NO. LCR14539
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1)
INDUSTRIAL RELATIONS ACT, 1990
PARTIES: MUCKROSS PARK HOTEL
(Represented by Irish Business and Employers Confederation)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning pay anomalies for four workers.
BACKGROUND:
2. 1. The Muckross Park Hotel was first established in 1795
and is the oldest hotel in Killarney. The Hotel was sold in
February, 1990 and again in April, 1993. Workers in the Hotel
applied for and were granted membership of the Union in April,
1993. The Union entered negotiations with the Hotel on the
wages and conditions of the workers and a comprehensive
Hotel/Union Agreement was concluded in June, 1993.
2. Prior to the current owner taking over the Hotel, wages
were negotiated on an individual basis which resulted in
different rates of pay between the workers. On 6th July,
1993, the Union raised the matter of a number of pay anomalies
concerning four workers and sought to increase their rates of
pay. The Hotel rejected this and as agreement could not be
reached the dispute was referred to the Labour Relations
Commission. Conciliation conferences were held on 28th
October, 1993 and 12th January, 1994 but no progress was made.
3. The dispute was referred by the Labour Relations
Commission to the Labour Court on 8th March, 1994. The Court
investigated the dispute on 20th July, 1994.
UNION'S ARGUMENTS:
3. 1. Management intimated that the problems in the
bar/restaurant area could be resolved following the
replacement of the bar manager. Following the bar manager's
departure the Hotel failed to resolve the wage anomalies.
2. The four workers are on rates of pay less favourable
than a number of comparators in the Hotel.
HOTEL'S ARGUMENTS:
4. 1. The Hotel suffered financial loss for year ended 1993
despite the introduction of new management and more stringent
internal cost-effective controls.
2. The Hotel honoured the terms of the agreement reached
with the Union in June, 1993, despite the fact that the hotel
was trading at a loss.
3. The current management inherited a difficult wage
structure but has introduced a more formal and uniform wage
structure for new employees.
4. The four employees have received significant increases
in their rates of pay since 1993.
RECOMMENDATION:
5. Having considered the submissions from the parties, and noting
the background as to how wage rates were established by the
previous owners which was prior to the Union becoming involved,
the Court has concluded that the Union's claim is not soundly
based as the Court accepts that the rates claimed are personal to
the named comparators and are in effect red-circled.
~
Signed on behalf of the Labour Court
Evelyn Owens
8th August, 1994 -------------
P. O'C/U.S. Deputy Chairperson
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR PAUL O'CONNOR, COURT SECRETARY.