Labour Court Database __________________________________________________________________________________ File Number: CD89386 Case Number: LCR12495 Section / Act: S67 Parties: DUBLIN & DUN LAOGHAIRE DRAPERY - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claim, on behalf of approximately 4,000 employees for an increase in annual leave entitlement of one day per annum.
Recommendation:
5. Having considered the submissions made by the parties, the
Court does not consider that concession of the Union's claim is
warranted under the terms of the Programme for National Recovery.
The Court does not therefore recommend concession of the claim.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD89386 RECOMMENDATION NO. LCR12495
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DUBLIN & DUN LAOGHAIRE DRAPERY
FOOTWEAR & ALLIED TRADES
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claim, on behalf of approximately 4,000 employees for an
increase in annual leave entitlement of one day per annum.
BACKGROUND:
2. As part of its 28th wage round claim, the Union sought an
increase in annual leave entitlement of two days per annum. Their
present entitlement is 20 days plus Good Friday. Agreement on pay
was reached at local level in accordance with the terms of the
Programme for National Recovery. A reduced claim for an increase
of one day's annual leave was referred to the conciliation service
of the Labour Court on 30th March, 1989. A conciliation
conference held on 25th May failed to resolve the issue and it was
referred on the same date to a full hearing of the Labour Court.
The hearing took place on 14th July, 1989.
UNION'S ARGUMENTS:
3. 1. The reference to the Court is an agreed one, indicating
that the claim is not excluded under the no cost increasing
claims clause of the wage agreement.
2. There is a widespread practice in the distributive trade
of operating time off in lieu of overtime worked. It would
not therefore create a problem to grant one additional day's
leave.
3. Some workers in the distributive trades enjoy more than
twenty one days' annual leave. Outside the retail trade there
are many such employments (examples cited).
4. The average annual leave entitlement in the European
Community is 26.6 days. This shows Ireland to be falling
behind the general European level.
EMPLOYERS' ARGUMENTS:
4. 1. The terms of the Programme for National Recovery preclude
further cost increasing claims.
2. The claimants work a 37.5 hour week. Other distributive
trades workers (grocery, super-market and builders providers
workers) work a 40 hour week and with the same or less annual
leave entitlement.
3. Arising from agreements on Christmas trading, additional
annual leave entitlements have been agreed at local level in a
significant number of instances.
4. An additional day's annual leave was granted in 1987
arising from the introduction of late night trading. This was
a once-off arrangement only.
RECOMMENDATION:
5. Having considered the submissions made by the parties, the
Court does not consider that concession of the Union's claim is
warranted under the terms of the Programme for National Recovery.
The Court does not therefore recommend concession of the claim.
~
Signed on behalf of the Labour Court,
John O'Connell
___________________
31st July, 1989.
A. K. / M. F. Deputy Chairman.