Labour Court Database __________________________________________________________________________________ File Number: CD88175 Case Number: LCR12146 Section / Act: S67 Parties: WESTERN BRAND CHICKENS - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim on behalf of six van sales persons for an increase in their rates of pay.
Recommendation:
7. The Court is of the view that the offer which emanated at
local discussion on the 27th June, 1988, is reasonable in the
circumstances and should be accepted.
The Court so recommends.
Division: Ms Owens Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD88175 RECOMMENDATION NO. LCR12146
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: WESTERN BRAND CHICKENS
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim on behalf of six van sales persons for an increase in
their rates of pay.
BACKGROUND:
2. The workers concerned are currently on £4 per day basic pay
plus 1.5% commission on sales. On the 21st April, 1987, the Union
lodged a claim with the Company for a significant increase in
basic pay plus the extension to the claimants of other conditions
of employment which apply to workers in the plant. The conditions
of employment issue was resolved locally but agreement was not
reached on the issue of remuneration and on the 20th May, 1987,
the matter was referred to the conciliation service of the Labour
Court. At a conciliation conference on the 7th August, the Union
claimed the following:
- £15 per day basic pay
- continuance of existing commission
- daily meal allowance
- payment of £3 per hour for loading vans.
At this point the conference was adjourned and at a resumed
meeting on the 7th September, the Company responded with the
following offer:-
- basic rate as applies in the factory (£139) plus
differential of £10
- £5 meal allowance for days working away from base
- 40 hour week structured as at present
- overtime to be paid after 40 hours had been worked.
This offer was rejected and the matter was referred to the Labour
Court for investigation and recommendation. A Court hearing held
in Castlebar on the 14th December, 1987, was adjourned to allow
for further local level discussions.
3. A meeting between the parties on the 4th January, 1988,
failed to resolve the issue and the Union requested a further
Court hearing. A Court hearing was subsequently arranged for
Castlebar on the 28th March, 1988. At the hearing the parties
informed the Court that the Company had that day put forward new
proposals with a view to the claimants taking over on an agency
basis. It was therefore agreed that the case be withdrawn to
allow further discussions, on the basis that if unsuccessful, the
case could be re-heard without having first to go through the
conciliation process.
4. Further local level discussions were held on the Company's
proposals but no agreement could be reached. However, at a
meeting on the 27th June, 1988, the Company amended its offer made
at conciliation in September, 1987, viz,
- £6 per day meal allowance
- 1.5% commission on cash sales
- 1% commission on credit sales
- 0.5% when cash came in
This offer was considered by the claimants and was rejected. The
parties subsequently sought a further Court hearing and this was
held in Castlebar on the 14th November, 1988.
UNION'S ARGUMENT:
5. 1. The claim is entirely justified given the practice in a
wide variety of industries which operate on a van sales basis
(details supplied to the Court).
COMPANY'S ARGUMENT:
6. 1. The offer put forward at the meeting on the 26th June,
1988, is very reasonable and goes a long way towards
satisfying the Union's claim. The Court is therefore
respectfully requested to recommend its acceptance.
RECOMMENDATION:
7. The Court is of the view that the offer which emanated at
local discussion on the 27th June, 1988, is reasonable in the
circumstances and should be accepted.
The Court so recommends.
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Signed on behalf of the Labour Court,
1st December, 1988 Evelyn Owens,
DH/MF Deputy Chairman