Labour Court Database __________________________________________________________________________________ File Number: CD87246 Case Number: LCR11152 Section / Act: S67 Parties: CORK MASTER BUTCHERS ASSOC. - and - CORK OPERATIVE BUTCHERS SOC. |
Claim on behalf of approximately 150 workers for an extra days annual leave, specified as the 1st May.
Recommendation:
5. The Court does not recommend concession of this claim.
Division: Mr O'Connell Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD87246 THE LABOUR COURT LCR11152
CC861785 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11152
Parties: CORK MASTER BUTCHERS ASSOCIATION
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
CORK OPERATIVE BUTCHERS' SOCIETY
Subject:
1. Claim on behalf of approximately 150 workers for an extra days
annual leave, specified as the 1st May.
Background:
2. The Society, in addition to a wage increase sought an
improvement in the annual leave entitlement plus a claim for a
further specified day (1st May) to be given as annual leave. As
the issues could not be resolved at direct negotiations both sides
agreed to refer the matter to the conciliation service of the
Labour Court. Following conciliation conferences held on 30th
October, and 10th December, 1986 a settlement was concluded which
provided for a phased increase of 7% from 1st April, 1986, and an
increase in annual leave from 20 to 21 days. No agreement was
possible on the issue of one days annual leave on 1st May. The
parties agreed to refer the matter to the Labour Court on 23rd
March, 1987 for investigation and recommendation. A Labour Court
hearing was held in Cork on 15th April, 1987.
Society's arguments:
3. (a) The 1st May is celebrated and recognised worldwide as a
workers holiday. Ireland is the exception. The
Society contend that the workers should not be denied
their right to celebrate international workers day by
claiming it as a day off within the trade.
(b) The Employers' argument that they do not wish to close
for a trading day is not valid as the Association
closed shop in the Christmas/New Year periods for
1980/1981 and 1981/1982 when other retail outlets in
the city remained opened.
(c) The present holiday entitlement of 21 days is below
some employments. Most other employments received an
increase in their annual leave entitlement after the
second national understanding. The workers concerned
had to wait five years for this increase, which leaves
5 days now due. The Society is prepared to accept 1st
May off for the next five years (May 2nd in the event
of a Sunday) as compensation for these days.
Association's arguments:
4. (i) The present annual leave entitlement is in line with
all other retail trades in the country.
(ii) This claim has no validity having regard to fair
comparison with a similar employee group (details
supplied to the Court).
(iii) Any additional costs would be detrimental to the trade
and the workers employed within it.
RECOMMENDATION:
5. The Court does not recommend concession of this claim.
~
Signed on behalf of the Labour Court
John O'Connell
__________________________
Deputy Chairman
19th May, 1987
M.D./J.C.