Labour Court Database __________________________________________________________________________________ File Number: CD94348 Case Number: LCR14705 Section / Act: S26(1) Parties: PRIVATE AGRICULTURAL COLLEGES - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Non-implementation of the McLoughlin Report.
Recommendation:
Having considered all of the views of the parties, as expressed in
the oral and written submissions the Court takes the view that the
recommendations of the McLoughlin report should be implemented
with immediate effect.
The Court so recommends.
Division: Mr McGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD94348 RECOMMENDATION NO. LCR14705
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
PRIVATE AGRICULTURAL COLLEGES
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Non-implementation of the McLoughlin Report.
BACKGROUND:
2. On the 24th of January, 1991, the Labour Court issued
Recommendation No LCR13172. In LCR13172, the Court
recommended the appointment of an assessor to provide an
objective report on the Union's claim for parity of pay of
technicians employed in the privately-owned state-aided
colleges of Agriculture and Horticulture, with the pay of
former AFT technicians now employed by Teagasc. The
McLoughlin Report followed, in May, 1993, and the present
dispute concerns the non-implementation of that report. The
dispute concerns 45 technicians, who have accepted the
report, by ballot. The Colleges require clearance from
Teagasc before they can implement the report. During local
discussions, Teagasc's position was that the implementation
could only take place within the framework of the P.E.S.P.,
and on a payroll-neutral basis. A conciliation conference
took place on the 8th of March, 1994, at which agreement was
not reached. The Colleges indicated that they required the
sanction of the Department of Agriculture and Finance before
they could accept or implement the report. The dispute was
referred to the Labour Court on the 30th of June, 1994, in
accordance with Section 26(1) of the Industrial Relations
Act, 1990. The Court investigated the dispute on the 3rd of
November, 1994, the earliest date suitable to both parties.
The hearing was adjourned for two months in order that the
parties might discuss the implementation of the report.
Subsequently, a final set of proposals was drawn up, and
agreed by the parties, but which required the sanction of
the Department of Agriculture. Approval was not forthcoming
and, accordingly, the dispute was referred back to the Court
by the parties, for further investigation and recommendation.
The resumed hearing took place on the 22nd of February, 1995.
UNION'S ARGUMENTS:
3. 1. It was the Union's belief that all concerned were
committed to finding a resolution to the dispute. The
final proposals drawn up (details supplied to the Court)
were agreed by both parties but required the sanction of
the Department of Finance, to date, sanction has not
been forthcoming.
2. The dispute appears to have been the subject of
continuous procrastination by Management. Under the
terms of the P.C.W., there is now ample opportunity to
implement the recommendations of the report.
COMPANY'S ARGUMENTS:
4. 1. The Association of Private Agricultural Colleges accepts
the McLoughlin Report in principle.
2. The Labour Relations Commission proposed that
implementation of the Report be discussed in the context
of the P.C.W.; this has been done.
3. Teagasc has confirmed to the Association that it is
prepared to fund 3% of the cost of implementation and
the remainder is to be met by the Colleges securing
permanent on-going savings on their payroll. The
Colleges have examined ways of generating savings to
cover these costs but they have found it impossible to
make the necessary savings and, accordingly, are not in
a position to implement the Report.
RECOMMENDATION:
Having considered all of the views of the parties, as expressed in
the oral and written submissions the Court takes the view that the
recommendations of the McLoughlin report should be implemented
with immediate effect.
The Court so recommends.
~
Signed on behalf of the Labour Court
15th March, 1995 Tom McGrath
M.K./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.