Labour Court Database
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File Number: CD89121
Case Number: LCR12535
Section / Act: S67
Parties: ST. KIERAN'S TRAINING CENTRE (BRAY) LIMITED - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION;MANAGERIAL, PROFESSIONAL AND EXECUTIVE SECTION
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Subject:
Dispute concerning the salary payable to the director of St. Kieran's Training Centre.
Recommendation:
8. The Court has considered the claim made by the worker
concerned and has come to the conclusion, in the light of the
information sought and made available to it, that in the light of
the salary levels generally applicable in similar posts, that the
offer made by the Centre as of May, 1987 should be accepted
together with subsequent increases due under the Programme for
National Recovery.
Division: Mr O'Connell Mr Shiel Mr O'Murchu
Text of Document__________________________________________________________________
CD89121 RECOMMENDATION NO. LCR12535
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ST. KIERAN'S TRAINING CENTRE (BRAY) LIMITED
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
(MANAGERIAL, PROFESSIONAL AND EXECUTIVE SECTION)
SUBJECT:
1. Dispute concerning the salary payable to the director of St.
Kieran's Training Centre.
BACKGROUND:
2. The worker concerned has been a Director of St. Kieran's
Training Centre for travelling people in Bray since 1981. The
Centre provides educational and recreational facilities for young
travelling people. It is managed by a Committee of local people.
The Director's salary, however, and his conditions of employment
generally, are fixed by F.A.S. and the local V.E.C. The V.E.C.
funds 15 hours per week in respect of the Director being a
part-time teacher; F.A.S. funds the balance.
2. In September, 1983 the Committee placed the Director on a
salary of #12,000 a year. In September, 1984 the Committee
authorised a further increase of #1,000 which was sanctioned and
paid by AnCO. A further increase of 6% was granted in September,
1985 which brought the Director's salary to #13,791.40.
3. In September, 1985 a new code of practice was introduced by
AnCO concerning the salary scales for directors of travelling
people centres which set the maximum salary at #13,375 per annum.
In May, 1986 AnCO granted an increase of 3% to directors of all
centres. However, this increase was not granted to the worker
concerned as AnCO contended that his salary was already in excess
of what other directors were in receipt of and that he would have
to remain on that scale until the other salary scales came into
line.
4. The Union has sought the following increases on behalf of the
worker; 3% from 1st May, 1986; 5% from 1st May, 1987 and the first
phase of the Programme for National Recovery (P.N.R.) on the basis
that these increases had already been granted to the directors of
the other centres. The Management Committee informed the Union
that it was not empowered to negotiate salary increase. It had
however recommended that the increases should be applied but the
claim had been rejected by F.A.S.
5. The matter was referred to the conciliation service of the
Labour Court on 27th January, 1988. Conciliation conferences were
held on 27th June, 1988 and 24th October, 1988. As no progress
was possible both parties consented to a referral to the Labour
Court for investigation and recommendation. A Court hearing was
held on 30th March, 1989.
UNION'S ARGUMENTS:
6. 1. The increases sought, which are the basis of the Union's
claim, were recommended by the Management Committee of St.
Kieran's but disallowed by F.A.S. The director's salary is
made up of payment for teaching hours i.e. V.E.C. rates and a
contribution from F.A.S. towards the directors salary for
administrative duties. The V.E.C. rates are determined in
accordance with agreement between the Teachers' Unions and the
V.E.C. Therefore as the V.E.C. rates increase the F.A.S.
contribution decreases. Accordingly it is apparent that
F.A.S. determines the salary level of director.
2. In this case F.A.S. have exercised a veto over increases
properly due to this director. All other directors have
received these increases.
3. According to the Code of Practice document the
responsibility for running the Centre rests with the
Committee, and to all intents and purposes they are the
employer of the director and his staff of teachers and helpers
yet they are not in a position to negotiate the directors
salary. This is apparently determined by F.A.S. and the
director or his representative have no negotiating function in
this regard.
4. In view of the above the Union asks the Court to recommend
that the increases sought be paid and that the present
arrangements, whereby directors salaries are arbitrarily
determined, should be changed to allow for proper
negotiations.
COMMITTEE'S POSITION:
7. 1. While the director is employed by the Management Committee
his present and ongoing terms of employment are set by F.A.S.
and the Management Committee is not empowered to vary his
salary or other conditions except with the approval of F.A.S.
2. The Management Committee does not regard itself as in
dispute with the director. He is doing a good job on our
behalf, as Director of St. Kieran's Training Centre, and we
wish him to be fairly compensated for the work he does.
RECOMMENDATION:
8. The Court has considered the claim made by the worker
concerned and has come to the conclusion, in the light of the
information sought and made available to it, that in the light of
the salary levels generally applicable in similar posts, that the
offer made by the Centre as of May, 1987 should be accepted
together with subsequent increases due under the Programme for
National Recovery.
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Signed on behalf of the Labour Court
John O'Connell
________________________
28th August, 1989 Deputy Chairman.
M.D./J.C.