Labour Court Database
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File Number: CD93514
Case Number: LCR14237
Section / Act: S26(1)
Parties: BORD NA GCON - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
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Subject:
Dispute concerning premium payment for Sunday working.
Recommendation:
5. The Court has considered the submissions of the parties and
the oral evidence presented at the hearing.
Having regard to the unusual features of this employment i.e. the
normal working times and the voluntary nature of Sunday work,
together with the consistently deteriorating financial position of
the Company, the Court recommends that Sunday working should carry
a premium of 33 1/3%.
Division: Mr Heffernan Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD93514 RECOMMENDATION NO. LCR14237
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: BORD NA GCON
(Represented by the Irish Business and Employers Confederation)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning premium payment for Sunday working.
BACKGROUND:
2. 1. The companies which operate Harolds Cross and Shelbourne
greyhound racing tracks are wholly owned subsidiaries of Bord
na gCon. In response to falling income from the two stadia,
the Bord initiated a major restructuring of arrangements at
the two tracks. Agreement was reached at a conciliation
conference on the 8th April, 1993 on all but one issue
involved in restructuring the pay arrangements for Sunday
racing.
2. The issue was referred by the Labour Relations
Commission to the Labour Court on the 10th September, 1993.
The Court investigated the matter on the 20th October, 1993.
UNION'S ARGUMENTS:
3. 1. Double time should apply for hours worked on Sunday with
a minimum of four hours payment.
2. Greyhound racing will benefit substantially from Sunday
racing.
3. It is unfair, following the redundancies and cutbacks
suffered by the workers, to ask them to pay again.
4. Part-time workers in horse racing are paid double time
for working Sundays.
COMPANY'S ARGUMENTS:
4. 1. Over the last decade, the Company and its subsidiaries
have suffered increasing trading deficits as a result of
falling attendances and reduced betting.
2. Sunday racing will be introduced on a trial basis.
Entrance charges will be lower than week day racing and it is
difficult to predict attendance levels.
3. Staff currently work unsocial hours in that present
hours are 7.30 p.m. to 10.30 p.m. Monday to Saturday.
4. Staff will not be required to work Sunday, as such work
will be available to existing staff on a voluntary basis.
Should staff not wish to work Sundays, alternative
arrangements will be made.
RECOMMENDATION:
5. The Court has considered the submissions of the parties and
the oral evidence presented at the hearing.
Having regard to the unusual features of this employment i.e. the
normal working times and the voluntary nature of Sunday work,
together with the consistently deteriorating financial position of
the Company, the Court recommends that Sunday working should carry
a premium of 33 1/3%.
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Signed on behalf of the Labour Court
8th November, 1993. Kevin Heffernan
P.O'C./U.S. ----------------
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.