FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST. ENDA'S SPORTS COMPLEX - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Alleged non payment of Parallel Benchmarking.
BACKGROUND:
2. The Union is claiming the payment of the Parallel Benchmarking award for five of their members who have been employed at St. Enda's Sports Complex over the duration of the timeframe covered by Sustaining Progress. The Sports Complex is entirely dependent on funding provided jointly by the Department of Education and Limerick City Council for its continued existence.
In 1994 a claim for the re-establishment of pay parity with the VEC was taken on behalf of the caretaking and cleaning grades in St. Enda's. Following a series of conciliation conferences the claim was conceded by the Department of Education.
When the Union approached the Management of the Sports Complex seeking payment of the Parallel Benchmarking Award during the lifetime of Sustaining Progress, the position taken by Management was that they could not afford to fund such increases from local funds.
The issue could not be resolved at local level. The Union referred the claim to the Labour Court on the 24th July, 2006 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Labour Court hearing took place on the 16th May, 2007.
UNION'S ARGUMENTS:
3. 1. The Union contends that the Department of Education and Science is the employer for the purposes of the payment of the increases sought.
2. The Union contends that financial control for staff matters rests entirely with the Department of Education and Science and that the Department must therefore sanction the pay award as the Management of the Complex is not entitled to do so.
MANAGEMENT'S ARGUMENTS:
4. 1. Management maintains that over the last number of years, particularly due to lack of investment in the Complex, the deficits incurred by the operation have grown consistently.
2. Management contends that it cannot sustain increased costs due to the fact that the wage ratio far outweighs the income coming in to the Complex. The maintenance of jobs is a priority for the Complex.
RECOMMENDATION:
The Union's claim is for the payment of increases paid to comparable staff employed in the VEC sector under the Public Service Benchmarking Process. There is no dispute between the parties on the existence of a long-standing agreement by which the pay of those associated with this claim is fixed at parity with the VEC sector. In these circumstances the staff concerned have a clear and indisputable entitlement to the increases claimed. Accordingly, the Court has no hesitation in recommending that the Union's claim be conceded and that pay parity with the comparator grades be re-established.
The Court notes that the employer in this case is entirely dependent on external public funding jointly provided by the Department of Education and Science and Limerick City Council. The Court further recommends that the parties should jointly approach the funding bodies with a view to obtaining the necessary funding so as to allow this recommendation to be implemented.
Signed on behalf of the Labour Court
Kevin Duffy
28th May, 2007______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.