Labour Court Database __________________________________________________________________________________ File Number: CD94698 Case Number: LCR14687 Section / Act: S26(1) Parties: RACING BOARD/IRISH RACING AUTHORITY - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Proposed changes in conditions of employment for technical staff.
Recommendation:
It was accepted by both parties that Racing is now a 7 day
business, resulting in an increase in the requirement for Sunday
working.
The Authority proposals to cope with this are in effect a
requirement to work on 5/7 roster rather than the current 5/5
arrangement with optional Saturday/Sunday working.
It is clear that with the exception of 1 person the technicians
work a considerable number of Sundays at present, albeit on a
voluntary basis. Having considered all the issues involved the
Court makes the following Recommendations:
1. The technicians to accept and operate the proposed
rosters.
2. The Authority to examine opportunities to minimise the
effect of the introduction of the rosters e.g. by
allowing either of the 2 non-race-going technicians to
switch on a permanent basis with any of the 6 race-going
technicians who might want to avoid Sunday work.
3. In relation to the financial effects of the changed
working arrangements, the Court, notwithstanding the
reduction in working days, recommends the payment of
compensation of 1 years loss of earnings. Based on the
figures supplied by the Authority, this is #6,157.
Division: Mr Flood Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD94698 RECOMMENDATION NO. LCR14687
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
RACING BOARD/IRISH RACING AUTHORITY
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Proposed changes in conditions of employment for technical
staff.
BACKGROUND:
2. 1. In January, 1992 the Racing Board, the Turf Club and the
Association of Irish Racecourses set up a steering
Committee to review the position of Irish racing. The
Committee sought to halt the decline in Irish racing and
proposed major changes in the structure of the industry.
On 1st January, 1994, the Irish Horseracing Authority
was established. This replaced the former Racing Board.
2. The Authority targeted a number of areas for development
including the expansion of Sunday racing. It proposed
to increase the number of Sunday meetings from 15 to 37.
This was necessary in order to increase the level of
attendance at race meetings and to acknowledge the need
for racing at weekends in line with other sporting
fixtures. Consequently, changes were proposed to the
conditions of employment of 6 technical staff.
3. The Union objected to various aspects of the Authority's
proposals, including the compulsory Saturday/Sunday/Bank
Holiday working and the proposed buy-out of allowances.
The dispute was referred to the Labour Relations
Commission and conciliation conferences took place on
the 21st January, 1994 and 11th April, 1994 at which
agreement was not reached.
The dispute was referred to the Labour Court, on 25th
November, 1994, in accordance with Section 26(1) of the
Industrial Relations Act, 1990. The Court investigated
the dispute on 27th January, 1995.
UNION'S ARGUMENTS:
3. 1. The Union is objecting to the proposed compulsory
attendance of its members (6 technicians) to race
meetings scheduled on Saturdays/Sundays/Bank Holidays.
At present the meetings are covered on a voluntary basis
but cover is guaranteed. In March, 1987 an agreement
was reached following the introduction of Sunday Racing,
that employees who did not wish to work on all or any
Sundays did not have to do so. The rights of an
employee to exercise this option was recognised and
accepted by all. The Authority has broken this
agreement in relation to Sunday racing. The Authority
also introduced changes in relation to the last race
held at weekends and at evening meetings without any
consultation. Such changes have traditionally been
introduced by consent and agreement and not unilaterally
introduced.
2. Under the new arrangements the workers concerned will
suffer a loss of earnings of between #7,000 and #10,000
per annum. This is a substantial loss for any worker to
accept. The workers also reject the proposal by the
Authority to buy-out allowances (driving allowance,
extra races etc.) which employees have enjoyed over the
past number of years.
The number of full time technicians employed by the
Authority has been drastically cut from 13 to 6. The
workers concerned attend every racecourse in the 26
counties. They are first to arrive to set up the
technical equipment and the last to leave when racing is
completed.
AUTHORITY'S ARGUMENTS:
4. 1. The Authority, in line with all interested parties in
the industry, sought to introduce changes which are
vital to the survival of racing in Ireland. The
majority of staff in the Racing Board and all staff in
the Turf Club and the Association of Irish Racecourses
have accepted similar proposals and other changes, the
majority of which were implemented on 1st January, 1994.
It is imperative that the Authority be allowed to
achieve the maximum flexibility regarding the manner in
which it provides its services to the public in relation
to the scheduling of race meetings. Racing is now a 7
day business and changes have to be implemented to
ensure the viability of racing.
2. The Authority does not accept that there is any
compulsory element in the proposed changes in relation
to the technicians concerned. Technicians have always
worked Saturdays/Sundays/Bank Holidays when required to.
The average number of days worked by technicians in 1993
was 330 (including annual leave). Under the proposed
arrangements it is envisaged that an individual will
work a maximum of 281 days which includes annual leave.
The Authority accepts that there will be a loss of
earnings for those concerned because of the reduction in
the number of days worked. The loss is calculated at
#3,039 based on salary of #16,610. The Authority is
prepared to buy out this loss on a one year basis.
RECOMMENDATION:
It was accepted by both parties that Racing is now a 7 day
business, resulting in an increase in the requirement for Sunday
working.
The Authority proposals to cope with this are in effect a
requirement to work on 5/7 roster rather than the current 5/5
arrangement with optional Saturday/Sunday working.
It is clear that with the exception of 1 person the technicians
work a considerable number of Sundays at present, albeit on a
voluntary basis. Having considered all the issues involved the
Court makes the following Recommendations:
1. The technicians to accept and operate the proposed
rosters.
2. The Authority to examine opportunities to minimise the
effect of the introduction of the rosters e.g. by
allowing either of the 2 non-race-going technicians to
switch on a permanent basis with any of the 6 race-going
technicians who might want to avoid Sunday work.
3. In relation to the financial effects of the changed
working arrangements, the Court, notwithstanding the
reduction in working days, recommends the payment of
compensation of 1 years loss of earnings. Based on the
figures supplied by the Authority, this is #6,157.
~
Signed on behalf of the Labour Court
22nd February, 1995 Finbarr Flood
L.W./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Larry Wisely, Court Secretary.