Labour Court Database __________________________________________________________________________________ File Number: CD89730 Case Number: LCR12677 Section / Act: S67 Parties: QUINNSWORTH LIMITED - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claim concerning the alleged breach of an Agreement relating to pay for part-time checkout packers.
Recommendation:
5. The Court, having considered the submissions in this case,
finds that it is appropriate for the category of workers concerned
in this dispute to be paid 75% of point 1 of the shop scale and,
therefore, finds in favour of the Union's claim.
Division: Ms Owens Mr Keogh Mr Devine
Text of Document__________________________________________________________________
CD89730 RECOMMENDATION NO. LCR12677
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: QUINNSWORTH LIMITED
AND
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claim concerning the alleged breach of an Agreement relating
to pay for part-time checkout packers.
BACKGROUND:
2. The claim concerns workers who are employed on a part-time
basis as checkout packers at the Company's various outlets.
Following protracted discussions between the parties an Agreement
was negotiated in 1988 on the rate of pay for part-time workers.
The Agreement stated that with effect from 14th March, 1988 the
existing hourly rate where appropriate would be increased to 75%
of point 1 of the shop scale (Details supplied to the Court). The
rate was applicable to all duties with the exception of check-out
operators. In August, 1989 the Union claims that the Company
recruited checkout packers at one of its outlets on rates of pay
less than the agreed rate for part-time staff. This action was in
breach of the Agreement of 1988. The Company maintains that it
was originally its intention to exclude checkout packers from the
Agreement and now wished to do so. The Company offered to
increase the rate for packers to 65% of point 1 of the shop scale.
The Union rejected the offer insisting that the Agreement
negotiated between the parties covered all part-time staff with
the exception of checkout operators and that the Company had
unilaterally breached this Agreement. Local discussions failed to
resolve the issue and the matter was referred to the conciliation
service of the Labour Court on the 18th August, 1989. A
conciliation conference was held on the 9th October, 1989 but no
agreement was reached. The dispute was referred to the Labour
Court on the 19th October, 1989. A Court hearing was held on the
29th November, 1989.
UNION'S ARGUMENTS:
3. 1. In an effort to resolve long standing differences with
regard to the issue of pay for part-time staff the Agreement
of March, 1988 was negotiated between the parties. It was
intended that this Agreement, which was a substantial
compromise on the Union's part, would put an end to repeated
disagreements on this issue. Since the implementation of the
Agreement (including the Company/Union procedural agreement)
there has been a substantial reduction in industrial disputes
between the parties.
2. The Agreement covers the rate of pay for all part-time
staff and explicitly makes clear that the sole exception will
be for checkout operators. It must be upheld. Failure by the
Company to honour the Agreement will have serious implications
for industrial relations. There is no question about the
Company's ability to pay and it is competing successfully in
the retail market. There was a substantial increase in
Company profits in 1989.
3. The Union believes that the Company has unilaterally
breached a written Agreement and claims that it should now
honour the Agreement by paying checkout packers 75% of point 1
of the shop scale (including full retrospection). Any future
proposals for a variation of the Agreement should be processed
in accordance with the Company/Union procedural agreement.
COMPANY'S ARGUMENTS:
4. 1. The checkout packers are normally school going people.
They are employed to supplement promotional campaigns, and are
let go as soon as these promotions end. They are not part of
branch staff establishment or of the career structure within
the branch. The employment of the checkout packer is an
essential element of the Company's promotion and marketing
campaigns which are designed to protect and extend the
Company's market share.
2. The Company's proposal to pay the workers concerned 65% of
point 1 of the shop scale subject to a minimun of #1.50 per
hour is reasonable. Most of the Company's competitors do not
pay union rates and offer nothing like the terms and
conditions of employment applying in the Company. The
emergence of the independent/franchise shops is a source of
concern to both management and Unions and indications are that
they are taking market share from the high staff cost
multiples. The rate applying in the Dublin supermarkets for
part-time workers is a reasonable basis for the checkout
packers rate. The Company's proposal is in effect superior to
this rate. (Details supplied to the Court).
4. 2. The Agreement negotiated between the parties did not
provide for checkout packers. This was an omission by both
sides arising from the fact that the employment of checkout
packers is and has been a traditional arrangement arising out
of promotions and has never been the subject of contention or
dispute with the Union.
RECOMMENDATION:
5. The Court, having considered the submissions in this case,
finds that it is appropriate for the category of workers concerned
in this dispute to be paid 75% of point 1 of the shop scale and,
therefore, finds in favour of the Union's claim.
~
Signed on behalf of the Labour Court,
Evelyn Owens
___________________
11th December, 1989
T. O'D. / M. F. Deputy Chairman.