Labour Court Database __________________________________________________________________________________ File Number: CD87500 Case Number: DEC875 Section / Act: S57(1) Parties: P.J. CROTTY (RETAIL SALES) LTD - and - ITGWU |
Investigation as to whether or not the Catering Joint Labour Committee (J.L.C.) operates in respect of four workers employed by the Company.
Recommendation:
6. The Court, in the light of the evidence presented, finds that
the Catering Joint Labour Committee operates in respect of the
four workers concerned in regard to their employment in the
restaurant/coffee shop area.
Division: Mr Fitzgerald Mr Heffernan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87500 THE LABOUR COURT DEC587
Section 57(1) INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
DECISION NO. 5 OF 1987
PARTIES: P.J. CROTTY (RETAIL SALES) LIMITED
(Represented by the Federated Union of Employers)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Investigation as to whether or not the Catering Joint Labour
Committee (J.L.C.) operates in respect of four workers employed by
the Company.
Background:
2. The Company operates a retail outlet/coffee shop in Kilkenny
and currently employs nine people in the coffee shop and seven in
the retail outlet. In April, 1986, negotiations took place
between the parties concerning rates of pay. An investigation by
an Inspector from the Department of Labour, to determine whether
the Catering J.L.C. applied to the Company, was made in May, 1986.
This investigation had to be temporarily forestalled due to an
official dispute between the Union and the Company from 29th May,
1986, to 8th August, 1986. The return to work settlement arrived
at in August, 1986, provided that the four workers concerned would
work exclusively in the coffee shop area of the business. These
four workers worked exclusively in the coffee shop area, (except
for two emergency occasions when one worker went into the bakery
shop), from mid August, 1986, to late March, 1987.
3. In February, 1987, the Inspector from the Department of Labour
re-commenced investigation. In late March, 1987, the Company
began moving staff from the coffee shop area to the bakery shop
area. The Union believed this to be in contravention of the
return to work settlement of August, 1986, and an attempt to avoid
payment of the Catering J.L.C. rates. The Company maintained that
the Catering J.L.C. rates were not appropriate but that the Bakery
Joint Industrial Council (J.I.C.) rates were more pertinent in the
circumstances. As agreement could not be reached at local level
the Union referred the matter to the Labour Court for
investigation under Section 57(1) of the Industrial Relations Act,
1946. A Court hearing took place on 12th August, 1987, in
Kilkenny.
A copy of Parts I and II of the schedule to the Establishment
Order for the Catering Joint Labour Committee is attached as an
Appendix.
Union's arguments:
4. (a) The workers concerned were employed from mid-August,
1986, to late March, 1987, exclusively in the
restaurant area of the premises, engaged in job
functions covered by Part II of the schedule.
(Details provided to the Court).
(b) The business is a "Catering Establishment" as defined
in the schedule to the Establishment Order. The
greater portion of the premises contains a
self-service restaurant where customers purchase food
and/or drink and consume same on the premises. The
Company has in documents and advertisements, referred
to itself as a restaurant.
Company's arguments:
5. (i) The rates currently being paid to three of the four
workers were agreed with the Union and are excluded
from the scope of the Employment Regulation Order.
(ii) The Catering J.L.C. operates in relation to workers
engaged in the Catering Trade as defined in the
schedule to the Establishment Order. The workers
concerned are not now involved in the sale of food and
drink for consumption on the premises and the duties
they now perform (details provided to the Court), do
not come within the scope of the definition laid down.
The Bakery J.I.C. rates are more appropriate in the
circumstances.
(iii) One of the workers concerned works full time in the
kitchen as a cook, the others work in the bakery shop
area and are satisfied with this arrangement. Indeed
one of the workers concerned, who works part-time,
requested to work in the bakery shop area.
DECISION:
6. The Court, in the light of the evidence presented, finds that
the Catering Joint Labour Committee operates in respect of the
four workers concerned in regard to their employment in the
restaurant/coffee shop area.
~
Signed on behalf of the Labour Court
31st August, 1987 Nicholas Fitzgerald
B.O'N./P.W. Deputy Chairman
APPENDIX
SCHEDULE
PART I
Workers to whom this schedule applies
1. Workers employed in a catering establishment anywhere
throughout the State except *the Co. Borough of Dublin and
the Borough of Dun Laoghaire who are engaged on any of the
following work, that is to say -
(a) the preparation of food or drink;
(b) the service of food or drink;
(c) work incidental to (a) or (b) and performed at any store
or warehouse or similar place in the catering
establishment.
BUT EXCLUDING
(i) Workers affected by any Employment Agreement, that is
"an agreement relating to the remuneration or the
conditions of employment of workers of any class, type
or group made between a trade union of workers and an
employer or trade union of employers or made, at a
meeting of a registered Joint Industrial Council between
members of the council representative of workers and
members of the council representative of employers".
(ii) Workers to whom an Employment Regulation Order made as a
result of proposals received from another Joint Labour
Committee applies.
(iii)Managers, assistant managers and trainee managers.
2. In this Schedule "Catering Establishment" means a premises or
part of a premises primarily used for supplying for reward to
any persons, not for the time being resident on the premises,
food or food and drink for consumption on the premises,
including fish and chip shops and ice cream parlours.
*The Provisions of the Local Government (Re-organisation) Act,
1985 (Section 10) do not apply.
BUT EXCLUDING
(i) premises registered in the register of hotels under the
provisions of the Tourist Traffic Acts, 1939 - 1975.
(ii) premises licensed under the Licensing Acts, 1833 - 1962
and having not less than 10 apartments normally
available for the sleeping accommodation of travellers.
PART II
1. Definition of job classes and statutory minimum rates of
remuneration per week.
Classes of workers
(a) Cook - A person who has completed three years service*
at cooking duties and is engaged in the preparation and
cooking of food for service to the public and/or staff.
(b) Short Order/Fast Service Cook - A person who is solely
involved in the preparation and/or cooking of any one or
a combination of the following: hamburgers,
beefburgers, fish, chips, pizzas, pancakes and snack
foods.
(c) Counter Assistant - A person wholly or mainly engaged in
the preparation and/or service of food at a counter and
ancillary duties.
(d) Waiter/Waitress - A person who has completed 2 years
service* and is wholly or mainly engaged in the service
of food at table and ancillary duties.
(e) Barman/Barmaid - A person who had completed 2 years
service* and is wholly or mainly engaged in the service
of alcoholic drinks and other beverages and ancillary
duties.
*Time spent on training courses will count as service.
(f) Clerical Worker - A person wholly or mainly engaged in
clerical, reception, and/or cashier duties.
(g) General Worker - A person wholly or mainly engaged in
any one or combination of the following:- general
kitchen portering duties, the preliminary preparation of
food prior to cooking, and other general duties not
covered in the definitions of the other classes of
workers contained in this Order.
(h) Cleaner/Wash-up - A person wholly or mainly engaged in
cleaning and/or wash-up duties.