Labour Court Database __________________________________________________________________________________ File Number: CD8797 Case Number: LCR11095 Section / Act: S67 Parties: JIC BAKERY & FLOUR CONFECT. - and - BFWAU;ITGWU;FWUI |
Claim, under the 26th wage round for:- (a) Substantial wage increase, (b) Increase in differential for night shift work, (c) Increase in differential for heavy goods vehicles, (d) Part-time workers to be treated on a pro-rata basis for benefits, (e) Paternity leave, (f) Reduction in working week for people due to retire.
Recommendation:
5. The Court, having considered the submissions from the
parties, recommends as follows in respect of the various aspects
of the claim.
(1) Wage Increase: An increase of 5% for 15 months with
3 months pay pause.
(2) Night differentials: No alteration to the present
practice.
(3) Heavy goods vehicles: No alteration to the present
practice.
(4) Part-time workers: Concession of the Union's claim for
pro-rata benefits to those workers
included in the definition of
part-time workers as outlined at the
hearing, i.e. regular employees who
work a reduced number of hours per
week.
(5) Paternity Leave: Concession of the claim is not
recommended.
The Court noting that in the past the Unions have agreed to local
negotiations in certain circumstances (clarified at the hearing)
and further noting the proposal, which arose at conciliation, that
the parties exchange letters on the inability to pay issue,
considers that this is the appropriate way to deal with the
problem and accordingly does not recommend inclusion in the
agreement of a specific clause dealing with "inability to pay."
Division: Ms Owens Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD8797 THE LABOUR COURT LCR11095
J212 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11095
PARTIES: JOINT INDUSTRIAL COUNCIL FOR THE BAKERY
AND FLOUR CONFECTIONERY TRADE
AND
NATIONAL JOINT COMMITTEE OF BAKERY WORKERS' TRADE UNIONS
Subject:
1. Claim, under the 26th wage round for:-
(a) Substantial wage increase,
(b) Increase in differential for night shift work,
(c) Increase in differential for heavy goods vehicles,
(d) Part-time workers to be treated on a pro-rata basis for
benefits,
(e) Paternity leave,
(f) Reduction in working week for people due to retire.
Background:
2. The Unions presented their claims under the 26th round at a
meeting of the J.I.C. on 18th December, 1986. Presently, the rate
of pay for a baker is #131 per week with a night shift
differential of 25%. The Unions want this to be raised to
33 1/3%, which is being paid in some companies. The Unions also
requested further tiers on the differential for heavy goods
vehicles, to reflect the introduction of new larger vans.
Part-time workers are not catered for in the present JIC agreement
and the Unions would like to see a clause included stating that
part-time workers would be treated on a pro-rata basis with
full-time workers. The Unions further requested that fathers
would be allowed 2-3 days off at the time of the birth of a child
and the introduction of a system whereby there would be a phasing
down of the working week in the final year of people due to
retire, with no reduction in wages.
The Employer side said the industry could not sustain the claim
and could only afford a small increase in pay, but required the
inclusion, in the agreement, of a clause setting out the procedure
by which employers could plead inability to pay. The employers
considered the 33 1/3% differential for night work, as paid by
some companies to be uneconomical, and they wanted agreement on a
reduction to 25%. On the other claims the employers said they
could make no concessions because they involved high costs which
the industry could not sustain. As further discussions between
the parties failed to produce agreement, the Council, on 29th
January, 1987, referred the matter to the Labour Court for
investigation and recommendation. A Court hearing took place on
11th March, 1987.
Unions' arguments:
3. (a) The present basic rate for a tablehand baker is #120.96
per week, with pro-rata rates for other workers in the
industry. These rates of pay are considerably below
the rates for other manufacturing industries. The
average increase in wages, in the food industry, under
the 26th round is about 6.50%. The workers in the bakery
industry are looking for an increase of less than the
average.
(b) Since the abolition of the Night Work (Bakers) Act, the
workers in the industry have made many changes in their
conditions to facilitate the demands of the market
place. When the differential was introduced, night
baking was illegal and since the change in the
legislation most companies have increased their rate to
33 1/3%. The rate should now be incorporated into the
JIC agreement.
(c) Regarding the rates of pay for heavy goods vehicles'
drivers, at present these drivers are in receipt of
#120.95 per week, which is below the norm for heavy
goods vehicles' drivers. The present differential
rates, whilst satisfactory in the past, is no longer
suitable since the introduction of bigger vans, capable
of carrying up to 300 boards. The Unions' feel that it
is now necessary to add further tiers to the scale to
cater for the larger vans.
(d) Part-time workers have been involved in the bakery
industry for many years. They are mainly employed for
packing cakes and bread in the evening time. In some
cases they have been employed doing this work for at
least 15 years. The hours of these workers can vary
from 16 hours per week to 30 hours per week. The
Unions' claim, that they should enjoy the same benefits
(pro-rata) to those enjoyed by workers on full-time 40
hours per week basis.
(e) Given the unsocial hours the workers in the industry
have to work, the Unions' feel that paternity leave
with pay should be granted to workers.
(f) Many workers have spent their lives working in the
industry. The Unions' claim that workers in their last
year prior to retirement should have a phased reduction
in their working week, whilst maintaining full pay.
Employers' arguments:
4. (i) The Unions argue that their members are earning less
than craftsmen in other industries and quoted the
construction industry, where average craftsmens
earnings are #190 per week compared with only #131
for bakers. This argument is inaccurate. Whilst
#131 is the basic rate of pay, the vast majority of
bakers, in addition to a large percentage
productivity bonus, earn various machine skills or
time differentials. Therefore, basic rates bear no
resemblance to actual earnings.
(ii) The Employers claim that the night differential
should be recognised formally as 25% and that where
individual firms are paying a greater percentage they
should be in a position to reduce it. Recently, the
Unions agreed to the introduction of nights at 25% in
one major company and also agreed to the reduction of
the rate from 33 1/3% to 30% in another company. It
seems nonsensical to be negotiating increases in
rates when only weeks before there has been agreement
to the introduction of a lower rate or a reduction in
the actual rate.
(iii) If an increase in the differential for heavy goods
vehicles is granted, it will have a very significant
effect on some small bakeries. It could, in effect,
increase the rates of pay by excessive amounts for a
small bakery, employing perhaps one or two van men.
Therefore, the Employers believe that it is
appropriate to continue the present rates.
(iv) Part-time workers receive a pro-rata rate of pay and
other major conditions of employment with general
workers. This situation, the Employers believe, is
appropriate but such matters as service pay, holiday
pay and sick pay, should not apply to seasonal
workers, who are employed in many firms.
(v) The Employers are unwilling to concede any claim for
paternity leave.
(vi) Concession of the claim for the phasing down of the
working week of people due to retire, with no
fall-off in wages, would be extremely expensive to a
small company. It might be more appropriate to have
local discussions on such matters subject to the
Unions acknowledging that such discussions would
include an agreement that rates of pay would decrease
pro-rata with the reduction in working hours.
RECOMMENDATION:
5. The Court, having considered the submissions from the
parties, recommends as follows in respect of the various aspects
of the claim.
(1) Wage Increase: An increase of 5% for 15 months with
3 months pay pause.
(2) Night differentials: No alteration to the present
practice.
(3) Heavy goods vehicles: No alteration to the present
practice.
(4) Part-time workers: Concession of the Union's claim for
pro-rata benefits to those workers
included in the definition of
part-time workers as outlined at the
hearing, i.e. regular employees who
work a reduced number of hours per
week.
(5) Paternity Leave: Concession of the claim is not
recommended.
The Court noting that in the past the Unions have agreed to local
negotiations in certain circumstances (clarified at the hearing)
and further noting the proposal, which arose at conciliation, that
the parties exchange letters on the inability to pay issue,
considers that this is the appropriate way to deal with the
problem and accordingly does not recommend inclusion in the
agreement of a specific clause dealing with "inability to pay."
~
Signed on behalf of the Labour Court.
Evelyn Owens
_______________________
6th_April,____1987.
B. O'N. / M. F. Deputy Chairman.
CD8797 THE LABOUR COURT LCR11095
J212 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11095
PARTIES: JOINT INDUSTRIAL COUNCIL FOR THE BAKERY
AND FLOUR CONFECTIONERY TRADE
AND
NATIONAL JOINT COMMITTEE OF BAKERY WORKERS' TRADE UNIONS
Subject:
1. Claim, under the 26th wage round for:-
(a) Substantial wage increase,
(b) Increase in differential for night shift work,
(c) Increase in differential for heavy goods vehicles,
(d) Part-time workers to be treated on a pro-rata basis for
benefits,
(e) Paternity leave,
(f) Reduction in working week for people due to retire.
Background:
2. The Unions presented their claims under the 26th round at a
meeting of the J.I.C. on 18th December, 1986. Presently, the rate
of pay for a baker is #131 per week with a night shift
differential of 25%. The Unions want this to be raised to
33 1/3%, which is being paid in some companies. The Unions also
requested further tiers on the differential for heavy goods
vehicles, to reflect the introduction of new larger vans.
Part-time workers are not catered for in the present JIC agreement
and the Unions would like to see a clause included stating that
part-time workers would be treated on a pro-rata basis with
full-time workers. The Unions further requested that fathers
would be allowed 2-3 days off at the time of the birth of a child
and the introduction of a system whereby there would be a phasing
down of the working week in the final year of people due to
retire, with no reduction in wages.
The Employer side said the industry could not sustain the claim
and could only afford a small increase in pay, but required the
inclusion, in the agreement, of a clause setting out the procedure
by which employers could plead inability to pay. The employers
considered the 33 1/3% differential for night work, as paid by
some companies to be uneconomical, and they wanted agreement on a
reduction to 25%. On the other claims the employers said they
could make no concessions because they involved high costs which
the industry could not sustain. As further discussions between
the parties failed to produce agreement, the Council, on 29th
January, 1987, referred the matter to the Labour Court for
investigation and recommendation. A Court hearing took place on
11th March, 1987.
Unions' arguments:
3. (a) The present basic rate for a tablehand baker is #120.96
per week, with pro-rata rates for other workers in the
industry. These rates of pay are considerably below
the rates for other manufacturing industries. The
average increase in wages, in the food industry, under
the 26th round is about 6.50%. The workers in the bakery
industry are looking for an increase of less than the
average.
(b) Since the abolition of the Night Work (Bakers) Act, the
workers in the industry have made many changes in their
conditions to facilitate the demands of the market
place. When the differential was introduced, night
baking was illegal and since the change in the
legislation most companies have increased their rate to
33 1/3%. The rate should now be incorporated into the
JIC agreement.
(c) Regarding the rates of pay for heavy goods vehicles'
drivers, at present these drivers are in receipt of
#120.95 per week, which is below the norm for heavy
goods vehicles' drivers. The present differential
rates, whilst satisfactory in the past, is no longer
suitable since the introduction of bigger vans, capable
of carrying up to 300 boards. The Unions' feel that it
is now necessary to add further tiers to the scale to
cater for the larger vans.
(d) Part-time workers have been involved in the bakery
industry for many years. They are mainly employed for
packing cakes and bread in the evening time. In some
cases they have been employed doing this work for at
least 15 years. The hours of these workers can vary
from 16 hours per week to 30 hours per week. The
Unions' claim, that they should enjoy the same benefits
(pro-rata) to those enjoyed by workers on full-time 40
hours per week basis.
(e) Given the unsocial hours the workers in the industry
have to work, the Unions' feel that paternity leave
with pay should be granted to workers.
(f) Many workers have spent their lives working in the
industry. The Unions' claim that workers in their last
year prior to retirement should have a phased reduction
in their working week, whilst maintaining full pay.
Employers' arguments:
4. (i) The Unions argue that their members are earning less
than craftsmen in other industries and quoted the
construction industry, where average craftsmens
earnings are #190 per week compared with only #131
for bakers. This argument is inaccurate. Whilst
#131 is the basic rate of pay, the vast majority of
bakers, in addition to a large percentage
productivity bonus, earn various machine skills or
time differentials. Therefore, basic rates bear no
resemblance to actual earnings.
(ii) The Employers claim that the night differential
should be recognised formally as 25% and that where
individual firms are paying a greater percentage they
should be in a position to reduce it. Recently, the
Unions agreed to the introduction of nights at 25% in
one major company and also agreed to the reduction of
the rate from 33 1/3% to 30% in another company. It
seems nonsensical to be negotiating increases in
rates when only weeks before there has been agreement
to the introduction of a lower rate or a reduction in
the actual rate.
(iii) If an increase in the differential for heavy goods
vehicles is granted, it will have a very significant
effect on some small bakeries. It could, in effect,
increase the rates of pay by excessive amounts for a
small bakery, employing perhaps one or two van men.
Therefore, the Employers believe that it is
appropriate to continue the present rates.
(iv) Part-time workers receive a pro-rata rate of pay and
other major conditions of employment with general
workers. This situation, the Employers believe, is
appropriate but such matters as service pay, holiday
pay and sick pay, should not apply to seasonal
workers, who are employed in many firms.
(v) The Employers are unwilling to concede any claim for
paternity leave.
(vi) Concession of the claim for the phasing down of the
working week of people due to retire, with no
fall-off in wages, would be extremely expensive to a
small company. It might be more appropriate to have
local discussions on such matters subject to the
Unions acknowledging that such discussions would
include an agreement that rates of pay would decrease
pro-rata with the reduction in working hours.
RECOMMENDATION:
5. The Court, having considered the submissions from the
parties, recommends as follows in respect of the various aspects
of the claim.
(1) Wage Increase: An increase of 5% for 15 months with
3 months pay pause.
(2) Night differentials: No alteration to the present
practice.
(3) Heavy goods vehicles: No alteration to the present
practice.
(4) Part-time workers: Concession of the Union's claim for
pro-rata benefits to those workers
included in the definition of
part-time workers as outlined at the
hearing, i.e. regular employees who
work a reduced number of hours per
week.
(5) Paternity Leave: Concession of the claim is not
recommended.
The Court noting that in the past the Unions have agreed to local
negotiations in certain circumstances (clarified at the hearing)
and further noting the proposal, which arose at conciliation, that
the parties exchange letters on the inability to pay issue,
considers that this is the appropriate way to deal with the
problem and accordingly does not recommend inclusion in the
agreement of a specific clause dealing with "inability to pay."
~
Signed on behalf of the Labour Court.
Evelyn Owens
_______________________
6th_April,____1987.
B. O'N. / M. F. Deputy Chairman.