Labour Court Database __________________________________________________________________________________ File Number: CD88938 Case Number: LCR12279 Section / Act: S67 Parties: ROCHES STORES (BLACKROCK) - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claim for improvement in Christmas trading arrangements in the Blackrock store.
Recommendation:
5. The Court, recognising that the agreement of 7th January, 1987
provided that "canteen facilities would be provided," recommends
that a special canteen allowance of #2.50 be provided for each
Sunday on which trading started at 2 p.m. in settlement of the
claims.
Division: CHAIRMAN Mr Heffernan Mr O'Murchu
Text of Document__________________________________________________________________
CD88938 RECOMMENDATION NO. LCR12279
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ROCHES STORES (BLACKROCK)
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claim for improvement in Christmas trading arrangements in the
Blackrock store.
BACKGROUND:
2. In 1985 the Dublin and Dun Laoghaire Drapery Footwear and
Allied Trades concluded an agreement for Sunday trading. In
December, 1986 the Company and the Union reached agreement
(confirmed by letter of 7th January, 1987) in relation to the
Blackrock store for extended Christmas trading arrangements which
included extra late night and Sunday trading and provided for an
increased bonus to the workers. In November, 1988 the workers in
Henry Street negotiated improved conditions for Sunday trading and
the Union on behalf of the workers in the Blackrock store sought
the same improved conditions, i.e. a #5.00 meal allowance, a paid
tea break and an extra days annual leave for Sunday trading,
together with a meal on extra late night trading occasions. This
was rejected by the Company and on 29th November, 1988 the matter
was referred to the conciliation service of the Labour Court. A
conciliation conference was held on 2nd December, 1988 at which no
agreement could be reached and on 7th December, 1988 the matter
was referred to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 21st
December, 1988.
UNION'S ARGUMENTS:
3. 1. When the Union on behalf of the workers in the Blackrock
store sought parity with the conditions applicable in Henry
Street for extra Christmas trading, it emerged that in 1986/87
the workers in Blackrock did not receive the meal/meal
allowance to which they were entitled for extended Christmas
trading under the agreement reached in 1986 (details supplied
to the Court). The Company's position on the canteen
facilities referred to in the 1986 agreement resulted in the
workers paying for their meals on extended trading occasions,
which was in breach of the agreement for Sunday trading.
2. Management is discriminating between the Blackrock and
Henry Street stores in respect of the conditions relating to
Christmas trading. Other companies do not distinguish between
stores in relation to such conditions. The workers in
Blackrock should receive the same entitlements for extra
Christmas trading that apply in Henry Street, i.e. an extra
days annual leave, a #5.00 meal allowance and paid tea break
when working on Sundays and a meal on extra late night trading
occasions.
COMPANY'S ARGUMENTS:
4. 1. Each store in the group operates as a separate trading
company and terms and conditions can vary from company to
company within the group depending on its location. Extra
late night and Sunday trading was negotiated on an individual
basis in all the companies in the group, as different
circumstances dictated different needs in each of the stores.
The Blackrock and Henry Street operations are competing in two
distinct markets and trading patterns and influences are quite
different. Under the 1986 agreement (details supplied to the
Court) reached in Blackrock the workers receive a bonus of
#142 as well as double time for late nights and treble time
for Sunday work. Any reduction by the Union of the 1986
agreement must result in the Company reducing the cash lump
sum.
2. As agreed in 1986 the workers in the Blackrock store
receive a paid break of fifteen minutes and canteen facilities
are provided, although there is no necessity for any break as
the store trades only from 2.00 p.m. to 6.00 p.m. The one
day's extra leave conceded in Henry Street is a unique
arrangement and applies in no other store in the group.
Neither does it apply in the vast majority of companies in the
Dublin and Dun Laoghaire Drapery Trade. The terms provided in
the 1986 agreement are the most favourable terms for late
nights and Sunday trading and it is unacceptable that an
ongoing agreement made less than two years ago should be
re-negotiated.
RECOMMENDATION:
5. The Court, recognising that the agreement of 7th January, 1987
provided that "canteen facilities would be provided," recommends
that a special canteen allowance of #2.50 be provided for each
Sunday on which trading started at 2 p.m. in settlement of the
claims.
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Signed on behalf of the Labour Court
John M. Horgan
_____________________
14th February, 1989 Chairman.
U.M/J.C.