Labour Court Database __________________________________________________________________________________ File Number: CD88363 Case Number: LCR11963 Section / Act: S67 Parties: FITZGERALD'S BAKERY - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of 3 office workers concerning hours of work.
Recommendation:
5. The Court, having regard to the co-operation given by the rest
of the staff, recommends that the hours proposed by the employers
i.e. 9 a.m. - 5.30 p.m. each week day with 1 hour for lunch, 1
Saturday in 5, of a maximum of 4 hours duration, should be
accepted by the workers concerned.
Division: Mr O'Connell Mr Heffernan Mr O'Murchu
Text of Document__________________________________________________________________
CD88363 RECOMMENDATION NO. LCR11963
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: FITZGERALD'S BAKERY
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of 3 office workers concerning
hours of work.
BACKGROUND:
2. Following a period in receivership the original company was
taken over. The new Company employed some of the workers from the
original company at lower rates of pay and under new conditions.
The office workers had previously worked from 9.30 a.m. to 5.30
p.m., Monday to Friday and worked 1 Saturday morning in 6 (3-4
hours duration on average). Under the new terms the office
workers wages dropped from £161 to £145 per week and their lunch
break changed from 1.25 hours to 1 hour. The Company also
requested the office workers to work 1 Saturday in 5 and to work a
40 hour week. The Union maintains that during discussions with
the receiver and the Company that these new conditions for office
staff never arose and that it was only subsequent to agreement on
wages and lunch break that office staff were informed of extra
changes. The Union opposed the lengthening of the working week on
the basis that all office workers work a 37.5 hour week and that
this was a further worsening of conditions. On 16th November,
1987, the matter was referred to the conciliation service of the
Labour Court. At a conciliation conference held on 24th January,
1988, the Company maintained that the office staff had been
employed under new terms and conditions, which the Company
maintained had been accepted by the workers, and that the
practices in the previous company were irrelevant. The Company
offered to pay the office staff overtime at time and a half for
time worked after 1 p.m. on Saturdays. As agreement could not be
reached the matter was referred on 17th May, 1988, to the Labour
Court, for investigation and recommendation. A Court hearing took
place on 21st June, 1988, in Cork.
UNION'S ARGUMENTS:
3. 1. A 40 hour week is a worsening of conditions for the
workers concerned. If they are asked to work any hours in
excess of the standard hours for office workers i.e. 37.5
hours per week, then they should be paid the appropriate
overtime rates.
2. The workers concerned have already co-operated fully with
the Company by taking a decrease in wages, lunch break-time,
co-operated in working new office equipment, V.D.U.'s, Fax
machines and accounting systems to help the survival of the
Company.
COMPANY'S ARGUMENTS:
4. The Company negotiated new terms and conditions without
reference to the old company. The office workers were offered the
following terms: a 5 day week, 9 a.m. to 5.30 p.m., 1 hour for
lunch, plus work on 1 Saturday in 5. The office workers have
accepted this. This is a survival package with which the rest of
the workers have co-operated. If it could the Company would give
the workers more.
RECOMMENDATION:
5. The Court, having regard to the co-operation given by the rest
of the staff, recommends that the hours proposed by the employers
i.e. 9 a.m. - 5.30 p.m. each week day with 1 hour for lunch, 1
Saturday in 5, of a maximum of 4 hours duration, should be
accepted by the workers concerned.
~
Signed on behalf of the Labour Court
John O'Connell
______________________
19th July, 1988. Deputy Chairman
B.O'N./J.C.