Labour Court Database __________________________________________________________________________________ File Number: CD88922 Case Number: LCR12197 Section / Act: S67 Parties: CORK LICENSED TRADE - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claim by the Union for compensation for changes in licensing hours.
Recommendation:
6. The Court is satisfied that the changed licensing laws have
had an undoubted impact on the work of the employees involved in
this claim and recommends that the employers offer be amended to
provide for an increase of #7.50 per week and that the offer as
amended be accepted by the workers.
Division: Mr O'Connell Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD88922 RECOMMENDATION NO. LCR12197
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: CORK LICENSED TRADE
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claim by the Union for compensation for changes in licensing
hours.
BACKGROUND:
2. On 4th July, 1988 changes in the licensing laws came into
effect which enabled premises to:
- remain open for business during the 'holy hour' i.e. 2.30
p.m. to 3.30 p.m., Monday to Saturday,
- remain open for business for one hour longer on Sundays,
- extend the closing times Monday to Saturday by twenty
minutes per day - extended drinking up time.
3. Following these changes the Union sought negotiations with the
Licensed Trade on the arrangements for compensation which should
apply to bar workers. The Union is claiming an increase of 5.9%
in line with the agreement made for the licensed trade in Dublin.
At local level the Trade offered an additional hour's pay each
week (#3.90) in recognition of the extra hour's opening on Sunday,
for which the bar workers are liable to work every second Sunday.
This was unacceptable to the Union and on 20th September, 1988 the
matter was referred to the conciliation service of the Labour
Court. A conciliation conference was held on 1st November, 1988
at which no progress was made and on 30th November, 1988 the
matter was referred to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 22nd
February, 1989.
UNION'S ARGUMENTS:
4. 1. The changes in the licensing laws have resulted in a
number of changes in the conditions of employment for bar
workers including additional working time. There is
additional trading to the public for an hour each day as a
result of the abolition of the Holy Hour. There is extra work
for an hour on Sunday nights for which bar workers are
rostered every second week throughout the year. As a result
of the extension of 'drinking up time' from ten minutes to
half an hour there is additional work each week. The working
week for bar workers is already long and unsocial as they work
an eighty hour fortnight including every second Sunday. While
discussions are taking place elsewhere on the shortening of
the working week, the working week of bar workers is being
lengthened.
2. The rates of pay of the workers concerned are well below
the average industrial wage. In addition, rates of pay of bar
workers in Cork already compare unfavourably with those of
workers in the retail trade generally in Cork (details
supplied to the Court). Bar workers in the Dublin licensed
trade, whose rate of pay is already higher than that of their
Cork counterparts received an increase of 5.9% arising from
negotiations in connection with the new working hours. As the
same licensing laws apply in Cork as in Dublin and the work
was changed to precisely the same extent, compensation to bar
workers in Cork should be no less than that which applied to
their Dublin counterparts.
TRADE'S ARGUMENTS:
5. 1. It was the conclusion of a long outstanding claim for
additional compensation in respect of cleaning up time that
determined the ultimate settlement in Dublin. There is no
valid comparison in Cork and the pay, conditions and price
structure which operate in the Dublin area have emerged
against the background of circumstances particular to that
area (details supplied to the Court). Over the years there
has been a constant reduction in the number of pubs employing
trade union labour in Cork and at present only six pubs are
obliged to observe the negotiated terms. The special
increases conceded in recent years to Union workers have not
been paid in non union premises who also have the freedom to
employ part-time workers. Against this background it would be
impossible for the owners who are faced with this claim to
recover its costs through price increases and it would further
lessen their competitive position.
5. 2. There is no imposition on the bar workers as a result of
licensed premises remaining open for business during the 'holy
hour' as this hour is included in the rostered 40 hour week.
Regarding the extended drinking up time it has now become an
established fact that the advent of this change has made life
easier for both the publicans and their staff. There is no
justification on the basis of working hours for the claim in
this area. The employers are obliged by the terms of their
Union agreement to pay overtime at time plus one half for work
in excess of the rostered weekly average of 40 hours (80 hours
per fortnight). The employers recognised that the change in
the licensing hours in respect of Sunday added one extra hour
per fortnight to the 40 hour week. In compensation for this
the employers agreed to concede an increase of #3.90 per week
calculated on the basis of one hour's basic pay per week which
is the equivalent of double time as each worker is rostered
for duty only every second Sunday. In accordance with the
agreed terms the current payment should have been T+.50 or the
equivalent of only #2.93. There is no justification in the
Cork context for any further increase, to concede such an
increase would be in breach of the Programme for National
Recovery.
RECOMMENDATION:
6. The Court is satisfied that the changed licensing laws have
had an undoubted impact on the work of the employees involved in
this claim and recommends that the employers offer be amended to
provide for an increase of #7.50 per week and that the offer as
amended be accepted by the workers.
~
Signed on behalf of the Labour Court,
John O'Connell
___________________
9th March, 1989.
U.M./J.C. Deputy Chairman