Labour Court Database __________________________________________________________________________________ File Number: CD95412 Case Number: LCR14875 Section / Act: S26(1) Parties: KILLARNEY GOLF AND FISHING CLUB (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Clause 3 of the Programme for Economic and Social Progress (PESP).
Recommendation:
Having considered the submissions and taking into account the
terms of agreement for the payment of #16.04 in local authorities
outside the Dublin area to which the claimants are traditionally
related to, the Court find that the Companys proposals for payment
by cheque and/or credit transfer/pay path are reasonable and
should be accepted.
The Court so recommends.
Division: Ms Owens Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD95412 RECOMMENDATION NO. LCR14875
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
KILLARNEY GOLF AND FISHING CLUB
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Clause 3 of the Programme for Economic and Social Progress
(PESP).
BACKGROUND:
2. Killarney Golf Club was set up in 1939. It employs 34
permanent staff and takes on additional workers on a
temporary basis between May and September. Traditionally the
rates of pay for grounds/course staff have been linked to the
local Urban District Council rates.
In 1993, the Union sought the application of the first phase
(#6.00) of the special pay increase of #16.04 (under Clause 3
of PESP) awarded to general operative grades in local
authorities outside of Dublin.
In May, 1994 a conciliation conference took place under the
auspices of the Labour Relations Commission at which the Golf
Club indicated that it was prepared to enter into discussions
on the application of Clause 3 in return for the following:-
"1. Successful completion and acceptance of a
comprehensive Company/Union Agreement.
2. Full co-operation with the requirement of the Club
to pay wages by cheque.
3. Full co-operation to be extended with clocking in
and out procedures.
4. Agreement to accept and co-operate with the
administrative amendment to Company sick pay scheme
as outlined above."
It was agreed that the parties would finalise the terms of
the Company/Union Agreement at local level discussions.
Significant progress was made and agreement was reached for
the payment of the first phase of #6.00 retrospective to 1st
January, 1990 but no agreement could be reached on the
payment by cheque issue and the matter was referred back to
the Labour Relations Commission. A conciliation conference
took place on 4th April, 1995. As no agreement was reached
the dispute was referred to the Labour Court on 13th July,
1995 under Section 26(1) of the Industrial Relations Act,
1990. A Labour Court hearing took place on 4th August, 1995.
UNION'S ARGUMENTS:
3. 1. The payment of wages by cheque on a trial period agreed
in 1990 was not a success. Killarney is a tourist town
and the workers concerned had great difficulty cashing
cheques and this caused considerable inconvenience.
2. The workers concerned have made a considerable
contribution to the success of the Club by their ongoing
co-operation and flexibility. They have fulfilled their
obligations under Clause 3 of PESP and in the
circumstances concession of the Union's claim is
justified.
COMPANY'S ARGUMENTS:
4. 1. Under the terms of the productivity agreement on the
terms of application of the special pay increase of
#16.04 per week, implementation of such arrangements are
dependent on the parties reaching agreement in local
negotiations on measures in relation to the needs of the
service for flexibility and change and for greater cost
efficiency of service delivery. The Golf Club has
already paid a #6.00 increase retrospective to 1st
January, 1993 in return for co-operation with the
introduction of a clocking in and out system and also
agreement of a Comprehensive Company/Union Agreement.
The Golf Club is prepared to pay the outstanding #10.04
to its employees once formal agreement is reached with
the Club's requirement to pay wages by cheque and in due
course ultimately to introduce a modernised payment
system incorporating credit transfer/pay path system as
appropriate. Killarney Golf Club cannot and will not
implement the second and third phases of this Agreement
unless it obtains an agreement from the Union to
co-operate with the implementation of same.
RECOMMENDATION:
Having considered the submissions and taking into account the
terms of agreement for the payment of #16.04 in local authorities
outside the Dublin area to which the claimants are traditionally
related to, the Court find that the Companys proposals for payment
by cheque and/or credit transfer/pay path are reasonable and
should be accepted.
The Court so recommends.
~
Signed on behalf of the Labour Court
24th August, 1995 Evelyn Owens
F.B./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.