Labour Court Database __________________________________________________________________________________ File Number: CD86736 Case Number: LCR10797 Section / Act: S67 Parties: DUBLIN MASTER VICTUALLERS - and - FWUI |
Claim for pay increase and improvement in conditions of employment under the 26th pay round.
Recommendation:
5. The Court recommends that the employers offer be amended to
provide for an increase of #4.50 for a period of 6 months followed
by a further increase of #4.50 in respect of an agreement to last
for one year, and that this amended agreement together with the
employers offer of holiday payment in respect of regular rostered
overtime be accepted by the workers concerned.
The Court does not recommend concession of the other claims made
by the Union.
Division:
Text of Document__________________________________________________________________
CD86736 THE LABOUR COURT LCR10797
CC861260 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10797
Parties: DUBLIN MASTER VICTUALLERS ASSOCIATION
and
FEDERATED WORKERS' UNION OF IRELAND
Subject:
1. Claim for pay increase and improvement in conditions of
employment under the 26th pay round.
Background:
2. The current 25th round wage agreement in the wholesale and
retail meat trade expired on 18th July, 1986. On 26th June, 1986
the Union served the following claim:-
(i) A flat rate increase of #20 across the board for all
adults with pro-rata increases for juniors and
juveniles.
(ii) A reduction of 2.50 hours in the working week.
(iii) One Saturday in four off in the retail trade.
(iv) Average overtime to be included in all holiday
payments.
The claim was later amended to read #15 instead of #20 with the
rest of the claim remaining in its original form. The claim is in
respect of approximately 1,000 workers engaged in various
employments in the meat trade including retail shops,
supermarkets, slaugherhouses, factories
and processing units in the beef, mutton and pork trades. There
were three meetings between the parties at local level at which no
progress was made. Both sides agreed to refer the matter to the
conciliation service on 25th July, 1986. Conciliation conferences
took place on 4th and 12th September, 1986. Negotiations broke
down and the parties positions were as follows:-
Union:
#5 for six months,
#4.50 for six months,
Average overtime over 13 weeks to be included in holiday pay (a
ceiling agreed if necessary).
Employer:
#4 for seven months,
#3 for seven months,
Regular rostered late night overtime trading to be included in
holiday pay.
The Union subsequently withdrew the offer made at conciliation and
resubmitted their original claim. Both sides agreed to refer the
matter to the Labour Court for investigation and recommendation.
A Labour Court hearing was held on 8th October, 1986.
Union's arguments:
3. (i) Butchers are highly skilled people and the success or
otherwise of a business depends on these skills.
Accordingly they expect to be paid a fair wage. In
recent
years they have gone some way towards being brought
into line with rates of pay of other craft areas and
would wish to maintain that situation. The present
offer would not achieve that aspiration.
(ii) Many butchers have left the trade to go to better paid
jobs elsewhere. If in the future, a shortage of
butchers is to be avoided incentive to serve an
apprenticeship must be given priority. This can only
be brought about by attractive wage rates.
(iii) Over the years a wider range of products, not
traditionally associated with the butchering trade,
have been introduced into butcher shops. No
compensation has been paid for handling these items.
(iv) The claim for a reduction of 2.50 hours in the working
week is seen in the light of being a method of job
creation within the trade. If 2.50 hours could not be
conceded, it should be possible for shops to close one
hour earlier on Saturdays' as very little business is
transacted then. This could be a step towards a
further realistic reduction in working hours.
(v) There is no enhanced rate for Saturday working as it
is part of the five day week spread over six days. A
rotating system of weekends currently operates in some
supermarket chains and could apply to the butchery
trade generally.
(vi) Average overtime for holiday entitlements is a
condition pertaining in many employments. Because of
the nature of the work a certain amount of overtime is
inevitable and every co-operation is given in this
respect. Such co-operation merits a gesture from
employers on this part of the claim.
Employer's arguments:
4. (a) The basic rate of pay #155.58 is the highest rate of
pay in the retail food trade, being just #11 per week
higher than the next category of employee.
(b) The offer from the Employer's side more than matches
the projected rate of inflation as predicted by
independent sources.
(c) The meat trade is currently experiencing a deep
recession due to a number of factors i.e. less
discretionary income by customers due to high
unemployment, adverse publicity concerning alleged
residue of hormone injections in fresh meat.
(d) There is no justification for a reduction in the
working week which now stands at 40 hours. Any such
reduction would lead to increased costs and a
reduction in service to the public.
(e) The claim for a long week-end to apply in the retail
trade has been rejected. Saturday remains one of the
busiest days in the trade and there is no
justification for members of staff to be missing on
that day.
(f) The Employers have made an offer in respect of holiday
overtime as follows:
It is proposed that where regular late night trading
overtime is rostered resulting in a 43 hour week, that
43 hours pay shall apply in respect of each week of
annual leave. Similarly, that where 46 hours per week
is rostered,
that the holiday pay week shall be a 46 hour week.
The foregoing proposal is in line with holiday pay
arrangements elsewhere in the retail trade and is in
accord with a number of Labour Court recommendations
which emphasise that regularly rostered overtime only
shall apply for the purpose of calculating annual
leave payments.
RECOMMENDATION:
5. The Court recommends that the employers offer be amended to
provide for an increase of #4.50 for a period of 6 months followed
by a further increase of #4.50 in respect of an agreement to last
for one year, and that this amended agreement together with the
employers offer of holiday payment in respect of regular rostered
overtime be accepted by the workers concerned.
The Court does not recommend concession of the other claims made
by the Union.
~
Signed on behalf of the Labour Court
John O'Connell
_____________________________
Deputy Chairman.
13th November, 1986.
M.D./J.C.