FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WATERVILLE GOLF CLUB (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Application of Analogue Agreement
BACKGROUND:
2. The dispute concerns 6 workers employed by the Club, 4 of whom are permanent. In October, 1998, the Union wrote to the Club, seeking the application of an Analogue Agreement for its members. The Union was claiming an increase of £12.65 on basic pay, 2% to be paid under Partnership 2000, and 3 additional days' annual leave. The Club agreed to pay the £12.65 increase to the 4 permanent workers. In March, 1999, the Club wrote to the Union seeking a number of productivity/cost-saving measures as part of the Analogue Agreement. One of the items sought was an early morning start from 7.00 a.m. to 3.30 p.m. on a daily basis from May to mid-October. At present, course staff do not start until 8.30 a.m. The Union rejected the Club's proposals, the main reason being the early morning start. Following local level talks, the dispute was referred to the Labour Relations Commission. The Club is adamant that at a conciliation conference on the 15th of September, 1999, an agreement was reached on 8 items, including the early morning start, and that this was confirmed by letter from the Industrial Relations Officer (IRO) on the 20th of September, 1999. The Union's view is that, following the conciliation conference, the workers rejected the agreement by secret ballot, mainly due to the early morning start. The workers suggested working from 7.30 a.m. to 4.00 p.m.
The dispute was referred to the Labour Court on the 15th of March, 2000, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 18th of July, 2000, in Limerick.
UNION'S ARGUMENT'S
3. 1. The workers were entitled to the £12.65 increase under the Analogue Agreement. They were not aware that management would be looking for concessions.
2. The workers would be willing to have a 7.30 a.m. start, but some of them who have been with the Club for many years would find it difficult to start at 7.00 a.m. every morning (they already have a 7.00 a.m. start on Saturday and Sunday).
CLUB'S ARGUMENTS:
4. 1. Both parties reached an agreement at the conciliation conference ,and this was later confirmed and recorded by the IRO. It was not a proposal, as the Union has suggested.
2. The Analogue Agreement states "it is management's objective that staff be capable of being rostered on a flexible basis based on earlier starts, later finishes and combinations of long and short dates in order to provide cover/attendance at times of greatest need." Other golf clubs in the area which start at an earlier time than Waterville clearly have a major competitive advantage over it.
3. The Club has always looked after its staff in a reasonable and flexible manner. Staff are paid on the mobile librarian scale which is higher than the scale applicable to other golf clubs in the area. The Club has also agreed to increase the Christmas bonus from £100 to one week's pay (£276).
RECOMMENDATION:
The Court is satisfied, having considered all of the information supplied, that the parties did reach an agreement at the Labour Relations Commission.
The Court is also satisfied that the agreement reached included extra concessions from management in return for agreement on the 7.00 a.m. start.
The Court, having considered all aspects of this case, recommends that the employees implement the agreement reached at the Labour Relations Commission.
Signed on behalf of the Labour Court
Finbarr Flood
31st July, 2000______________________
conChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.