Labour Court Database __________________________________________________________________________________ File Number: CD8847 Case Number: LCR11723 Section / Act: S20(1) Parties: DUNNES STORES - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Permanent staffing levels and the position of part-time workers.
Recommendation:
4. Having considered the submission made by the trade union, the
Court is of the view that the ratio of part-time to full-time
staff in this store is unsupportable.
The Court recommends accordingly that management enter into
immediate discussions with the Union to redress this unjustifiable
situation.
The Court points out that the Company was given an opportunity to
present its case to the Court but refused to attend.
Division: Mr Fitzgerald Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD8847 RECOMMENDATION NO. LCR11723
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: DUNNES STORES
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Permanent staffing levels and the position of part-time
workers.
BACKGROUND:
2. There are 210 workers employed at the Company's store in
Ballyyolane, Cork, of whom 170 are members of the Irish Transport
and General Workers' Union. There are 39 full-time and 171
part-time employees. The Union, being dissatisfied with the high
ratio of part-time to full-time staff and with the hours and
conditions of part-time staff, sought to discuss these matters
with the Company. No agreement being reached, the Union referred
the matters to the conciliation service of the Labour Court. The
Company however, was unwilling to attend a conciliation
conference. On 14th January, 1988, the Union referred the matters
to the Labour Court under Section 20(1) of the Industrial
Relations Act, 1969. The hearing took place on 9th February,
1988, in Cork. Prior to the hearing the Union agreed to be bound
by the Court's recommendation. The Company indicated in writing,
prior to the hearing, that it was not its intention to be
represented. No representative of the Company attended.
UNION'S ARGUMENTS:
3. 1. Since the store opened eight years ago there has been an
accelerating drift towards the employment of part-time staff.
Many of these work as little as eleven or twelve hours per
week. 133 work less than eighteen hours per week. The
maximum number of hours available to a part-time worker in the
store is 20 hours per week. Those workers who have very few
hours often have their attendance spread over several days of
the week. This means they cannot claim any state benefits as
a result of being unemployed for part of the week (details of
hours and number of days of attendance of a number of
part-time staff were supplied to the Court).
2. The Company is engaged in mass exploitation of young
people by regarding them as an instantly available and
expendable source of cheap labour. Part-time staff who work
so few hours have few statutory entitlements as workers. They
receive no sick pay, no service pay and have no holiday
entitlement. They do not have access to the Employment
Appeals Tribunal.
3. Fortunately, this employer is unique in Ireland in
treating workers in this manner. In Cork, the other major
stores have an agreed ratio of approximately 8/10 full time
workers for every part-time worker. Part-time workers in many
employments enjoy pro-rata benefits in relation to sick pay,
holidays, Christmas bonus and other items (details in relation
to some employments were supplied).
4. The Company is commercially successful and is in a
position to rectify the current situation. This store
contains the second largest and most successful supermarket in
the chain.
5. The Labour Court has in various recommendations, sought to
improve the situation of part-time workers.
RECOMMENDATION:
4. Having considered the submission made by the trade union, the
Court is of the view that the ratio of part-time to full-time
staff in this store is unsupportable.
The Court recommends accordingly that management enter into
immediate discussions with the Union to redress this unjustifiable
situation.
The Court points out that the Company was given an opportunity to
present its case to the Court but refused to attend.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
______________________
1st March, 1988 Deputy Chairman.
A.K./J.C.