Labour Court Database __________________________________________________________________________________ File Number: CD89185 Case Number: LCR12373 Section / Act: S67 Parties: ROCHES STORES - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Manning levels of general workers.
Recommendation:
5. It is the view of the Court that in normal commercial
employments the numbers of staff required are in the final
analysis determined by the level of business done. In the
circumstances the Court does not deem it possible for the parties
to agree a fixed number of staff with any level of certainty. The
Court does not therefore recommend concession of the Union's
claim.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD89185 RECOMMENDATION NO. LCR12373
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ROCHES STORES
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Manning levels of general workers.
BACKGROUND:
2. The Company currently employs thirtynine general workers in
its Henry Street Store. The Union is claiming that the Company
has not replaced permanent full-time positions left vacant through
natural wastage, dismissal or retirement and that the numbers of
workers should be maintained at a reasonable level. The Company
has referred to the closure of its furniture, carpets and bedding
departments in April, 1987 which resulted in the loss of eight
positions in the furniture warehouse and transport. The Company
claims that these workers were transferred to alternative work in
Henry Street as it was decided not to make any workers redundant
but to allow the numbers to reduce through natural wastage and
that so far only five workers have left. No agreement could be
reached at local level and on 21st January, 1989 the matter was
referred to the conciliation service of the Labour Court. A
conciliation conference was held on 28th February, 1989, at which
no progress was made and on 1st March, 1989 the matter was
referred to the Labour Court for investigation and recommendation.
The Court investigated the dispute on 20th April, 1989.
UNION'S ARGUMENTS:
3. 1. The Company has not filled permanent full-time vacancies
over the last few years. Proper manning levels should be
maintained in order to avoid unnecessary pressure and hardship
on the workers. The Henry Street store is used as a transit
depot for stock for the Company's other outlets in Blackrock,
Nutgrove and St. Stephen's Green. Although the handling and
distributing of stock to these other outlets has increased
greatly no new workers have been taken on and workers who have
left the Company have not been replaced. The result is that
this additional work has put undue pressure on the stockroom
and despatch workers. The seven workers transferred from the
transport section in 1987 to the main store filled full-time
positions that had not been replaced at the time and were not
therefore additional to existing numbers.
2. The reduction in overall numbers in the Store over the
last few years causes major problems for the workers in
respect of holidays and absenteeism. Numbers should not be at
such a level that it is difficult to cover such situations.
Even in the last twelve months three permanent vacancies which
have occurred have not been filled. Managements refusal to
replace permanent positions does not reflect the spirit of the
Programme for National Recovery. The Union is concerned that
full-time permanent positions will be replaced by part-time
and temporary jobs. Staff numbers should be maintained at a
level that ensures the ongoing permanent jobs of the workers
and vacant positions should be filled so that there is not
undue pressure on existing workers.
COMPANY'S ARGUMENTS:
4. 1. In April, 1987 the Company closed its furniture, carpets
and bedding departments, which resulted in the loss of eight
positions in the furniture warehouse and transport. Instead
of making workers redundant the Company decided to allow
numbers to reduce through natural wastage. To date only five
workers have left the Company. This closure also affected
workers in the despatch department who were no longer required
to perform duties such as assembling furniture, carpets and
bedding for delivery, etc. This reduction in the workload of
despatch workers has been offset to some extent by the
inter-store splitting operation, catering for the two new
small units in Nutgrove Shopping Centre and St. Stephen's
Green Shopping Centre.
2. The Company is committed to the employment of general
workers and a comparison of employment numbers with other
leading departmental stores clearly illustrates this. The
Company is committed to providing adequate workers to meet its
needs. The needs of the business dictate manning levels and
management must reserve the right to decide these levels.
Management has during busier periods, appointed temporary
workers and shall continue to monitor the situation to ensure
that staffing levels are appropriate, so that the required
level of service to customers is maintained. The current
practice in the Company is reasonable and should continue.
RECOMMENDATION:
5. It is the view of the Court that in normal commercial
employments the numbers of staff required are in the final
analysis determined by the level of business done. In the
circumstances the Court does not deem it possible for the parties
to agree a fixed number of staff with any level of certainty. The
Court does not therefore recommend concession of the Union's
claim.
~
Signed on behalf of the Labour Court
John O'Connell
________________________
5th May, 1989. Deputy Chairman.
U.M./J.C.