Labour Court Database __________________________________________________________________________________ File Number: CD89221 Case Number: LCR12374 Section / Act: S20(1) Parties: THE RACING BOARD - and - RACING BOARD (TOTE) EMPLOYEES ASSOCIATION |
Claim for revised pay, grading and conditions of employment on the introduction of computerised tote betting system.
Recommendation:
7. The Court has carefully considered the submissions made by the
parties and has examined each of the individual claims made by the
Association and Management's response.
The Court is of the view that the final terms negotiated are
generally fair and reasonable in all the circumstances. The Court
however recommends that the Board should offer an additional 50
pence on the rates already offered to the four grades concerned -
these rates to cover both 6 and 7 race programmes and to include
payment for extended intervals.
Division: Mr Fitzgerald Mr Shiel Mr O'Murchu
Text of Document__________________________________________________________________
CD89221 RECOMMENDATION NO. LCR12374
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: THE RACING BOARD
and
RACING BOARD (TOTE) EMPLOYEES ASSOCIATION
SUBJECT:
1. Claim for revised pay, grading and conditions of employment on
the introduction of computerised tote betting system.
BACKGROUND:
2. The Board is a semi-State body set up under the Racing Board
and Racecourses Act, 1945. One of its functions is the operation
of a Totalisator for pool betting at the 26 horse racecourses
throughout the Republic of Ireland. Approximately 250
race meetings are held each year. The Board has a permanent staff
of fifty who are supplemented at race meetings by workers drawn
from a panel of casual employees. The panel from which staff for
different meetings are chosen presently consists of 330 people.
3. Late in 1987 the Board decided to introduce a computerised
totalisator service, "Computote" in order to provide a better and
more flexible service. Under the manual system that was in
operation most workers would be involved in selling and paying
functions. The principal advantages which computerisation will
bring are directly related to the removal of physical restrictions
which are inherent in the manual system (details supplied to the
Court). The new system allows the Board to introduce new types of
bets and to locate terminals in bars, restaurants and other
places on the course where a service could not previously be
supplied. The manual operation is being gradually phased out.
4. Discussions between the parties on the introduction of the
computote system commenced in September, 1987. The system was
introduced in November, 1987 on the basis that full consultation
would take place between the parties on pay and conditions to
apply following an adequate phasing in period. A number of
meetings subsequently took place including three conciliation
conferences. In December, 1988 agreement was reached on most
issues (see Appendix 1 for details) except for payment for
extended intervals. The Board subsequently offered to cover this
by means of a 10p per hour increase on the new rates of pay. This
was rejected by the Association. At a further meeting the Board
made an offer of an additional payment of 55p for each five
minutes of extended intervals on Bank Holidays which was also
rejected by the Association. On 20th March, 1989 the Association
referred all issues to the Labour Court for investigation and
recommendation under Section 20(1) of the Industrial Relations
Act, 1969. The Association agreed to be bound by the
recommendation of the Court. The Association's position is that
the Board's proposals are unacceptable and that all their claims
are now before the Court. The Association's claims are set out in
Appendix 2. The Board's position is that agreement had been
reached on all issues except extended intervals. The Court
investigated the dispute on 12th April, 1989.
ASSOCIATION'S ARGUMENTS:
5. 1. A much smaller number of casual employees will be required
to man race meetings compared with the numbers employed under
the manual system. A single operator is now performing a wide
range of duties previously undertaken by up to four workers.
This increases the amount of work and productivity of the
workers and will significantly reduce the number of meetings
for each worker as the numbers required to operate meetings
will be considerably reduced.
2. The computote system now involves an operator in a
multiplicity of former duties. With both sell and pay
functions now being combined the work is significantly more
intense and is continuous. The changeover in the system means
that each and every operator can deal with every denomination
of bet or payment which results in increased accountability
and greater responsibility. The operation of a much wider
range of functions, the increased productivity element and the
new continuous work aspect also have to be taken into account.
3. The workers will not accept any diminution of existing
work conditions and pay rates (details supplied to the Court).
The Board has argued that duties under computote and the
manual system are not comparable in that a computote operator
is a new position. The reality is that the new system has
resulted in a much heavier workload and competitive and
stressful atmosphere for the workers. The package proposed by
the Board is a sell out and the Board obviously thought that
it was possible to secure a reduction in the present rate of
pay and a diminution in existing conditions of employment.
4. Existing conditions of employment for casual workers as
agreed with the Board for 1988 should be retained. The
Board's proposed composite rates of pay are totally inadequate
and if implemented would result in a decrease in the workers'
pay (details supplied to the Court). The workers should
receive a pay increase of 15% on the existing wage for the
seller/payer grade on a 6 race non extended programme and a
pro rata increase for work on a 7 race non extended programme.
In addition, at present any time worked over and above the
normal 6 or 7 race programme (4 and 4.50 hours) is remunerated
by an additional payment for every extra five minute period
worked. With the new system the total work time will be
greater in both cases. Payments for additional time worked
and separate wages for work on a 6 or 7 race programme based
on the principle of pay in lieu of time worked should be
retained. Considering the amount of actual physical work
necessary and the additional time required to complete the new
duty, there is no comparison between manual special duty work
and special duty work on the computote. A minimum daily rate
of #15.00 for special duties should be paid. Double this rate
should be paid for duty on Sundays and Bank Holidays whether
race or non race days.
5. The training provided for the workers on the new system
has been totally inadequate. Competence and accuracy on the
system can only follow from intensive purposeful training.
Staff should not be recruited until all existing workers have
been properly trained and assessed and the Association is
satisfied that additional workers are required. Since the
introduction of the computote the Board has placed terminals
in public bars and isolated locations without any security and
this places additional responsibility on the workers. Seating
should be provided for every computote operator in line with
Department of Labour guidelines (details supplied to the
Court). It is possible that a number of workers will not be
retained operating the new computote system. An adequate
level of compensation should be paid to any workers not
retained.
BOARD'S ARGUMENTS:
6. 1. By the time that the system is fully introduced throughout
the country the Board's investment in this project will be
approximately #5,000,000. The Board decided to introduce a
computerised totalisator service due to the need to increase
turnover, to remain competitive and to ensure the continued
viability of the operation. The introduction of the computote
system has significantly improved the working conditions of
casual workers. Each computote operator has a simple terminal
to which is attached a custom designed keyboard. The
operation of the terminal is similar to that of a simplified
cash register (details supplied to the Court). There is no
longer a need for the many mental calculations which were
necessary under the manual system with a consequent reduction
in pressure on the workers. Previously workers were paid
different basic rates for six and seven race meetings and if
there was an extension on the normal half hour intervals
between races a further payment was received. In order to
reduce the plethora of such allowances the Board proposed that
all factors would be combined into one basic rate. An
analysis of the 1st three years shows that only 40% of the
meetings have six races. Similarly only 38 of approximately
250 meetings have extended intervals with such extended time
varying between 5 minutes and 40 minutes per day (details
supplied to the Court).
3. The Board agreed to provide training and that following
this all staff would be re-graded. Given the obvious
difference in the nature of the work it was accepted by all
parties that a worker's grade under the manual system would
have little bearing on the appropriate grading under the
computote system. The established practice of allowing a
right of appeal by any individual worker who is dropped from
the panel or is unhappy with the new grading would continue in
force. It was agreed that prior to the recruitment of new
workers the Board would advise the Association of the numbers
it intended to recruit. Management has always denied that it
intends to reduce staff. The number of man days worked in
1988 showed an increase of 6.5% over 1987 and turnover
increased by 3.6%. The Association's contention is therefore
totally at variance with the facts.
4. The workers and their representatives were kept fully
informed at all times of details of the proposed method of
operation as plans were finalised. In the course of
negotiations agreement was reached on all issues except for
payment in respect of additional time. This was confirmed in
writing by the Association on 13th December, 1988 (details
supplied to the Court). However, the Association's position
now is that the previous agreements no longer stand. In
relation to extended intervals the Board although it
considered that the workers were already compensated for this
additional time in the new composite rate agreed to pay a
further 10p per day to all the casual workers at each of the
250 race meetings despite the fact that such extra time only
occurred at 38 of those meetings. Management also offered to
make a payment for extended intervals on Bank Holidays. The
present proposals represent an increase of 6.6% over previous
rates.
5. In arriving at the most recent package of pay and
conditions management has made significant concessions in
almost all areas. Management has also given all workers more
than a fair chance to prove their ability on the new system
and has continued to employ workers who have not yet reached a
satisfactory standard in terms of ability to work the system.
The proposed package adequately compensates the workers for
the one issue which is currently unresolved i.e. the extra
minutes worked on less than 15% of racedays. Also, the
package in addition to improving general working conditions
also results in a significant increase in earnings for the
workers.
RECOMMENDATION:
7. The Court has carefully considered the submissions made by the
parties and has examined each of the individual claims made by the
Association and Management's response.
The Court is of the view that the final terms negotiated are
generally fair and reasonable in all the circumstances. The Court
however recommends that the Board should offer an additional 50
pence on the rates already offered to the four grades concerned -
these rates to cover both 6 and 7 race programmes and to include
payment for extended intervals.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
_____________________
4th May, 1989 Deputy Chairman.
U.M./J.C.
APPENDIX I
RACING BOARD (TOTE) EMPLOYEES ASSOCIATION
SPECIAL GENERAL MEETING, 13 DECEMBER, 1988
Proposals made by the Board on conditions to apply for Computote:
1. RATES OF PAY
The Board have suggested that for 1989 4 grades will remain.
The rates of pay offered for both a 6 and 7 race programme
inclusive of deferred payments are as follows:
Grade 1 Grade 2 Grade 3 Grade 4
#31.90 #30.90 #28.90 #27.90
The rate of deferred payment can be agreed tonight.
The Board state, that on an across the Board basis, these
figures represent a 6.5% average wage increase. They also
made the point that in 1987 and in 1988 six race programmes
represented approximately 45% of all meetings and that there
is no reason to suggest that this percentage will alter in
1989. Proposed payments for persons employed solely as
Cashiers are as follows:
Grade 1 Grade 2 Grade 3 Grade 4
#35.90 #34.90 #32.90 #31.90
Those employed on assistant cashier duties at the end of the
day would be paid an additional #2.00 on top of the proposed
new rates outlined above.
2. SPECIAL DUTIES
The rate of payment proposed for this duty is #5.00 per day
plus #3.00 subsistence. The Board have promised that there
will be a more even distribution of SD duties among staff.
3. EVENING SUBSISTENCE PAYMENTS FOR DUBLIN BASED STAFF
The Board propose to remove the "anti-social" additional
subsistence payments for Dundalk, Kilbeggan, and Gowran Park
on the basis that staff employed at these meetings return to
Dublin at approximately 11.00 p.m. Staff are already in
receipt of subsistence payment on the day. The anti-social
payments for other race courses on evening meetings such as
Limerick, Tipperary etc. will remain.
4. TRAINING
The Board have agreed to assess a persons ability on Computote
following six race meetings as opposed to three as originally
suggested. They have also agreed to set aside certain days in
the year to allow staff the opportunity of availing of a full
day's refresher course on Computote. Such a course is
imminent.
5. NEW EMPLOYEES
This matter is still the subject of negotiation between the
Association and the Board and will be discussed further in the
New Year. At present the Board have advertised and received
applications but have not yet made any offers to applicants.
The rate of payment for new employees during (3 meetings)
training will be #20.00 per meeting.
6. PERSONS NOT ADAPTING TO COMPUTOTE
If and when any person is notified by the Board that they are
not going to be employed on Computote arrangements will be
made for any such persons so wishing to make their case with
the assistance of a member of the Association's Executive at a
Meeting with the Board.
7. GRADING
The main criteria to be used by the Board in making decisions
on a person's new grade will be: competence and ability,
accuracy, speed and appearance, attitude to public. It is
expected that all staff will be notified of their grade in
January.
8. SELF TRAVEL
The Board's attitude on this issue is that in future anybody
claiming for self travel without prior notification to the
Board (T46A) will definitely not receive any self travel
payment on the race course. There is also a suggestion that a
penalty of #2.00 will be imposed.
9. COMPENSATION
Anybody informed by the Racing Board that they are not to be
employed on Computote should notify the Association
immediately. Negotiations are continuing with the Board on
the number of people who will be so affected and on a formula
to decide on the level of compensation to be paid. If and
when agreement is reached on this issue it will be based on
the number of people who have retired/resigned etc. in the
past 2 years.
APPENDIX 2
ASSOCIATION'S CLAIMS
1. The retention of all existing conditions of employment.
2. A pay increase of 15% on the existing wage for the
seller/payer grade on a 6 race non extended programme and a
pro rata increase for work on a 7 race non extended programme.
3. The retention of separate wages for work on a 6 or 7 race
programme based on the principle of pay in lieu of time
worked.
4. A minimum daily rate of payment for special duties of #15.00.
Double this rate to be paid for this duty on Sundays and Bank
Holidays whether race days or non race days.
5. Seating to be provided for every Computote Operator to comply
with the Department of Labour Guidelines.
6. The retention of payments which we receive at present for any
additional time worked over the normal duration of a 6 or 7
race programme again based on the principle of pay for time
worked.
7. No recruitment of any new staff until such time as all
existing employees have been properly trained and assessed and
until we are satisfied that additional staff are required.
8. Adequate compensation to be paid to any of our members not
being retained in employment on Computote.
9. Recognition that computote work is now continuous, is a longer
working day and is an amalgamation and transfer of the
multiplicity of duties carried out under the manual system.
10. Due regard to be given to the new practice of employees
working in Public Bars and isolated locations without any
security.