FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TURF CLUB OF IRELAND (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - MANDATE DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr Rorke |
1. Management retain the right to alter the terms and conditions of the post of Senior Steward Secretary.
BACKGROUND:
2. The dispute before the Court concerns the terms and conditions of employment of the post of Senior Steward Secretary regarding Sunday working.
In 1993, following negotiations with the Union, an agreement was drawn up limiting the number of Sundays which employees of the Turf Club would be required to work, to a maximum of 25.
The present Senior Steward Secretary is due to retire and the position was advertised some weeks ago. The Turf Club propose to change the terms and conditions of the post in order that the new appointee is available to work an unlimited number of Sundays if required. The Union does not accept this. The dispute was the subject of a conciliation conference under auspices of the Labour Relations Commission on the 18th of September, 1998. As agreement was not reached, the dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 8th of October, 1998.
UNION'S ARGUMENTS:
3. 1. The 1993 agreement covers all positions in the official grade including the position in dispute. Management's claim that the post of Senior Steward Secretary is a senior management position and outside the scope of the agreement is unacceptable.
2. The three officials who would be the strongest internal candidates for the post do not wish to increase their number of Sunday meetings above 25.
3. If the terms and conditions of employment of this post are altered, there is a danger that next year persons in other positions, e.g., Judges, would be required to work more Sundays.
4. The Union seeks that the 1993 agreement should stand and that it covers all grades of Turf Club Officials.
CLUB'S ARGUMENTS:
4. 1. The Club needs to be able to place its best staff at the most important meetings, and the limit of 25 Sundays working for the highest paid officials creates difficulties.
2. Since the 1993 agreement was negotiated, there has been a 91% increase in the number of Sunday fixtures scheduled.
3. The Club should be allowed manage its own affairs in a manner that ensures efficiency and good service.
RECOMMENDATION:
The Court recognises that the business requirements have changed significantly over the past few years, with a growing requirement for Sunday racing.
The Court accepts that this post is a Senior Management Post with a personal salary and as such the employer should be free to change the job requirement at this change of job holder.
The Court recommends that the Union accept the employer's proposal and that the salary for the new person reflect the change of requirement.
Signed on behalf of the Labour Court
Finbarr Flood
22nd October, 1998______________________
G.B./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.