Labour Court Database __________________________________________________________________________________ File Number: CD94653 Case Number: LCR14641 Section / Act: S26(1) Parties: NATIONAL YOUTH FEDERATION (N.Y.F.) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the implementation of Salary Scale and payment of retrospection.
Recommendation:
The Court is satisfied, indeed the Employer accepts, that it is in
breach of its contractual obligations to the claimants.
The Court recommends that both parties commence discussions
immediately to decide how best to honour these contractual
obligations.
Division: Mr Flood Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD94653 RECOMMENDATION NO. LCR14641
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
NATIONAL YOUTH FEDERATION (N.Y.F.)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the implementation of Salary Scale and
payment of retrospection.
BACKGROUND:
2. The Union has sought the implementation of the agreed
incremental salary scales for its members (teachers,
psychologist and clerical workers) with retrospection to
January, 1991, at which time the Federation unilaterally
suspended the scales. Local talks had failed to secure any
commitment from the Federation on the re-introduction of the
scales and, while payments under the P.E.S.P. had been made
in the interim, members were at a considerable loss.
The dispute was the subject of a conciliation conference
under the auspices of the Labour Relations Commission on the
13th of June, 1994. The Federation accepts that there was a
contractual agreement relating to the incremental salary
scales, but claimed that the money was not available. In the
interim, every effort has been made to secure additional
funding from the Department of Education. The Federation
sought an in-house agreement over the next 3 years while it
lobbied the Department. A payment of 3% from January, 1994,
was suggested, plus a lump sum of #350 in January, 1995, plus
increases under the Programme for Competitiveness and Work.
This was rejected by the Union. The dispute was referred to
the Labour Court on the 9th of November, 1994, in accordance
with Section 26(1) of the Industrial Relations Act, 1990.
The Court investigated the dispute on the 13th of December,
1994.
UNION'S ARGUMENTS:
3. 1. The Federation has always acknowledged that its
contractual obligations in relation to pay have not been
met. To date, management has failed in its attempts to
resolve this matter.
2. The amounts outstanding represent a considerable sum of
money to the workers involved in the claim.
3. During this time, the Federation has continued to honour
an agreed percentage grant in affiliated regions, in
accordance with the N.Y.F. Regional Grant criteria which
are based on salaries being paid on the Common Teachers'
Salary scale to relevant staff.
FEDERATION'S ARGUMENTS:
4. 1. Over the past 4 years, the Board and Management of the
Federation have taken positive action
- to address the cashflow deficit;
- to protect as many jobs as possible;
- to continue to provide quality service to its
customers;
- to resource salary scales within budgetary limits,
and
- to lobby the Department of Education on a continuous
basis on this important issue.
2. N.Y.F. has competitors who might be happy to see
national office staff levels reduce drastically so as to
diminish its power base in a nation-wide youth service
framework. This could happen if N.Y.F. was forced to
meet all of the back-pay and re-introduce scales (for
those who remained) from within its existing budget - as
the Department has, to date, refused to accept
responsibility for the retrospection and the ongoing
funding of N.Y.F's contractual salary scales.
3. Finally, we believe that some compromise on back pay and
the phased re-introduction of contractual salary scales
underwritten by the Department of Education is the only
route to travel to achieve a stable and satisfactory
outcome. This is an organisational objective which will
be pursued until satisfactorily resolved in the
interests of all parties.
RECOMMENDATION:
The Court is satisfied, indeed the Employer accepts, that it is in
breach of its contractual obligations to the claimants.
The Court recommends that both parties commence discussions
immediately to decide how best to honour these contractual
obligations.
~
Signed on behalf of the Labour Court
21st December, 1994 Finbarr Flood
M.K./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.