FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH TURF CLUB (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - MANDATE DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Improvement in the allowance for Saturday evening racing.
BACKGROUND:
2. The Company oversees all race meetings throughout the country. It employs 28 full-time and part-time racing officials who travel to meetings as required. The Union's claim is for an increase in the allowance paid to the officials for working on Saturday evenings. In 1993 an agreement was reached which provided for officials to work up to 25 Sundays in return for a salary increase at the time. The agreement also stated that there would be no evening meetings on Saturdays, Sundays, or public holidays. Because of the changes in the fixture list, which has seen a significant increase in the number of Sundays programmed, officials volunteer to work on an annual basis, additional Sundays over the agreed 25 and are paid an extra Sunday fee per day (additional to their salary) for carrying out this work. The fee depends on their salary scale tier and is set out as follows:
1. €444.12
2. €408.78
3. €338.15
A number of Saturday evening fixtures have been run since 1996 and these have increased from one or two meetings then to eight in 2004. The fee paid to officials who volunteer for these meetings is what they would earn for working additional Sundays i.e over 25. The Union 's claim is for a payment of 1.5 times this allowance, to be paid to all officials who volunteer to work a Saturday evening that is followed by a Sunday meeting. Management rejected the claim. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court on the 23rd June, 2004 in accordance with Section 26 (1) of the Industrial Relations Act, 1990. A Court hearing was held on the 10th November, 2004.
UNION'S ARGUMENTS:
3. 1. While agreement was reached on the appropriate rate for Sunday racing no agreement was reached on the rate for Saturday racing, despite a Management letter of December, 2002 indicating that, if Saturday fixtures became an integral part of the racing calendar after 2003, it would negotiate a permanent arrangement regarding staffing and payment for working. This has not occurred.
2. Officials should have the right to choose whether to work Saturday evening race meetings on a voluntary basis. The definition of a Saturday evening race meeting should be one which the last race is scheduled to start not later than 6.15 p.m.
3. A payment of 1.5 times the current rate should be paid to officials who volunteer to work a Saturday evening meeting that is followed by a Sunday meeting.
4. The Union is seeking a maximum of 5 days of Saturday evening race meetings, to include within those 5 days, a maximum of 10 race meetings.
5. All new employees should enjoy the same terms for volunteering to work Saturday evenings as existing employees.
6. The Company should ensure that all part-time officials have parity with full- time officials.
COMPANY'S ARGUMENTS:
4. 1. Officials volunteered to work on Saturdays during the trial period in 2003 on a 'without prejudice ' basis for a daily fee which equated to what they would earn for working additional Sundays i.e. over 25. A Sunday fee continues to be paid for work on Saturday meetings, which will be additional to the official's salary. Work on Saturday evenings will continue to be voluntary for existing officials.
2. Any new officials joining the Company will be required to work on an unlimited number of Saturday evenings from now on. This will be clearly indicated in any job advertisement placed.
3. The roster will be allocated as fairly as possible to ensure an even distribution of Saturday evening duties.
4. Where possible officials will not be asked to work on the next day( Sunday). However, the ability to deliver on this may be limited, as seven of the nine Saturday evenings (2005) are followed by double fixtures on Sunday.
RECOMMENDATION:
Having heard the submissions of the parties, the Court is of the view that there is no difference between them on the principle of Saturday evening racing.
There is, however, no agreement as to the appropriate compensation for those who volunteer to work on Saturday evening race meetings.
Given, (a) the 1993 agreement and (b) the commitment given by the Turf Club in Mr Egan's letter of 17th December, 2002 to the Union, the Court feels that the parties should, in their own interests, re-engage on this issue as a matter of urgency.
If no agreement is reached between the parties by end of January, 2005 on any outstanding points, they may revert to the Court, which will then, if necessary, issue a definitive recommendation on any such points.
Signed on behalf of the Labour Court
Raymond McGee
12th November, 2004______________________
todDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.