Labour Court Database __________________________________________________________________________________ File Number: CD87268 Case Number: LCR11205 Section / Act: S67 Parties: CAMPBELL CATERING LTD - and - ITGWU |
Dispute concerning the payment of function rate for seven workers.
Recommendation:
5. The Court having considered the submissions from both parties
recommends concession of the Union's claim. However the Court
accepts the need to develop the function business at U.C.C. and
suggests that the parties partake in further discussion to see how
this may be achieved.
Division: Ms Owens Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD87268 THE LABOUR COURT LCR11205
CC87359 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11205
Parties: CAMPBELL CATERING LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Dispute concerning the payment of function rate for seven
workers.
Background:
2. The Company has had a catering contract at University College
Cork since 1977. As well as the normal business, the Company also
caters for functions organised in the College. The workers
concerned work functions in their normal area of employment
outside basic work whenever the occasion arises, normally 15/20
functions per year. The present function rate is #4.41 per hour
(normal overtime rate) and #5.89 per hour for Saturdays and
Sundays. The Company conceded an increase of 6% on basic pay
under the 26th wage round. This increase was not applied to the
function rate and as no agreement was possible the matter was
referred to the conciliation service of the Labour Court on 26th
February, 1987. A conciliation conference was held on 19th March,
1987. As no resolution was possible both parties agreed to a
referral to the Labour Court for investigation and recommendation.
A Labour Court hearing was held in Cork on 29th April, 1987.
Union's arguments:
3. (a) The workers, unlike hotel casuals, are permanent
workers and perform function duty on an overtime basis.
The wage increases heretofore always reflected on the
overtime rate.
(b) Each worker performs duties that in hotels would take
three workers to do (details supplied to the Court).
In addition each worker can cover 30 people at a
function whereas the hotel average is 12.
(c) The workers concerned work exceptionally hard in their
everyday area of work, the function duties are even
more onerous and the appropriate and full overtime rate
is only just and proper to same.
Company's arguments:
4. (i) The Company sought a reduction in the hourly function
rate in order to develop that end of the business,
which in turn would create more employment
opportunities and greater overall potential earnings
for the workers.
(ii) The Company has to compete with the hotels for
functions and their function rates are much lower
(details supplied to the Court). In addition hotels
engage casual staff.
(iii) Function work is going to be critically important to
the Company if it is to decrease its dependency on
the University subvention, which due to the state of
public finances is going to be under ongoing
examination. If the Company is not successful in
increasing revenue from this source, then the entire
contract comes under pressure and becomes
increasingly more at risk.
(iv) Due to the serious implications of increasing the
function rate, and the fact that the rate is already
considerably in excess of the rate paid by
competitors, the Company urges the Court to ratify
it's position as being fair and reasonable.
RECOMMENDATION:
5. The Court having considered the submissions from both parties
recommends concession of the Union's claim. However the Court
accepts the need to develop the function business at U.C.C. and
suggests that the parties partake in further discussion to see how
this may be achieved.
~
Signed on behalf of the Labour Court.
Evelyn Owens
___________________
22nd_May,______1987.
M. D. / M. F. Deputy Chairman.