Labour Court Database __________________________________________________________________________________ File Number: CD88902 Case Number: LCR12229 Section / Act: S67 Parties: ROCHES STORES (DUBLIN) LIMITED - and - FEDERATED WORKERS' UNION OF IRELAND |
Claim on behalf of four butchers, in the Company's Henry Street branch, for an increase in weekly bonus payments.
Recommendation:
5. Having considered the submissions from both parties, the Court
is not satisfied that the case for increasing the bonus payable to
the claimants is sustained, taking into account their overall
earnings viz a vis other employees in the department.
The Court accordingly does not recommend concession of the claim.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD88902 RECOMMENDATION NO. LCR12229
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ROCHES STORES (DUBLIN) LIMITED
(Represented by the Federated Union of Employers)
and
FEDERATED WORKERS' UNION OF IRELAND
SUBJECT:
1. Claim on behalf of four butchers, in the Company's Henry
Street branch, for an increase in weekly bonus payments.
BACKGROUND:
2. The Union is seeking to have the claimants' weekly bonus
brought into line with that paid to other full-time employees.
The rates for those involved are as follows:
Category Basic Bonus Total
Butcher #171.18 #10.60 #181.78
General Dist.
Worker #154.16 #20.00 #174.16
Assistant #146.72 #16.61 #163.33
The claim was first lodged with the Company in September, 1987,
and was again raised in March, 1988, but was rejected by the
Company. As no agreement could be reached the Union referred the
matter to the conciliation service of the Labour Court on the 15th
April, 1988. No agreement was reached at a conciliation
conference on the 3rd June and the matter was referred to the
Labour Court on the 24th November, for investigation and
recommendation. A Court hearing was held on the 14th December,
1988.
UNION'S ARGUMENTS:
3.1 With the exception of the claimants, full-time staff on the
highest basic pay get the highest bonus. On that basis, the
claimants should enjoy the highest bonus payment yet their
bonus is only half of that paid to the general operatives in
the stores area. These general operatives can receive a
bonus equal to 13% of basic pay. Bacon hands enjoy a bonus
of 11% of basic pay while the claimants' bonus equates to
only 6%.
3.2 The claimants are highly skilled tradesmen. They serve a
full four year apprenticeship, including attending classes at
the College of Marketing & Design to qualify as butchers.
Despite this, other full-time staff who wrap and pack the
meat processed by them enjoy a higher bonus.
3.3 If the Company wishes to continue a three tier bonus
structure, the equitable solution would be to pay the
butchers the same percentage bonus as is paid to the other
staff (an average of 12% of basic - #20.54 - per week). If
the three tier structure is not to be continued, then they
should be paid the same bonus as the general operatives in
the stores area, back-dated to the 1st October, 1987.
3.4 The very least that should be recommended is that the weekly
bonus which applies to all other full-time staff in the
Supermarket should also apply to the butchers and be
back-dated to the 1st October, 1987. Furthermore, as there
are only four workers involved, concession of the claim would
not involve a major cost to the Company.
COMPANY'S ARGUMENTS:
4.1 In 1983 the Company agreed that the year end bonus for
butchers be paid on a weekly basis. This also applied to
other categories of staff. The butchers also requested that
it attract the increases granted under future pay rounds and
the Company agreed.
4.2 The butchers are adequately compensated for their
responsibilities. A comparison of rates applying in the food
department shows clearly that they are in receipt of the
highest remuneration in that department. The total pay shows
the true remuneration situation. It is both incorrect and
selective to argue a case on just one part of the
remuneration package.
4.3 Bonuses have been increased by almost 45% since 1983.
4.4 The claimants are the highest paid category in the food
department, they are paid in excess of the rates applying in
the butchery trade and also enjoy the benefits of being
employed in a large department store.
4.5 This is a cost increasing claim and is therefore precluded by
the terms of the PNR.
RECOMMENDATION:
5. Having considered the submissions from both parties, the Court
is not satisfied that the case for increasing the bonus payable to
the claimants is sustained, taking into account their overall
earnings viz a vis other employees in the department.
The Court accordingly does not recommend concession of the claim.
~
Signed on behalf of the Labour Court
20th January, 1989 Evelyn Owens
DH/PG Deputy Chairman