Labour Court Database __________________________________________________________________________________ File Number: CD89206 Case Number: LCR12376 Section / Act: S67 Parties: ANN'S HOT BREAD SHOP - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claim by the Union for the implementation of the Catering Joint Labour Committee (J.L.C.) rates.
Recommendation:
5. The Court notes that the terms of the Programme for National
Recovery have not been implemented in full by the Company. The
Court is of the view that the minimum of #4 per week should be
implemented from the appropriate date and so recommends.
Division: Ms Owens Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD89206 RECOMMENDATION NO. LCR12376
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ANN'S HOT BREAD SHOP
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claim by the Union for the implementation of the Catering
Joint Labour Committee (J.L.C.) rates.
BACKGROUND:
2. In April, 1988 the Court recommended (L.C.R. No. 11785
refers), as follows:
"In view of the circumstances outlined at the hearing, the
Court recommends that the Union re-submit the claim for a
wage increase in September, 1988.
The Court does not recommend concession of the claim in
respect of 3 temporary workers and recommends that the
Company agree to deduct Union subscriptions at source."
In line with this recommendation the Union resubmitted its claim
for a wage increase to bring rates into line with those in the
Catering J.L.C. However, the Company applied the first phase of
the pay terms (percentage basis only), of the Programme for
National Recovery (P.N.R.) with effect from 31st October, 1988.
Rates of pay now range from #46.00 to #84.80 per week. On 16th
December, 1988 the matter was referred to the conciliation service
of the Labour Court. A conciliation conference was held on 8th
February, 1989 at which no progress was made and on 9th March,
1989 the matter was referred to the Labour Court for investigation
and recommendation. The Court investigated the dispute on 25th
April, 1989.
UNION'S ARGUMENTS:
3. 1. The problem of deplorably low basic wage rates in the
Company has remained (details supplied to the Court). There
is no justification for such low rates of pay and it is almost
two years since reasonable improvements in wages were first
sought. The Company should implement the Catering J.L.C.
rates of pay. The workers do not have specific duties and it
is therefore probably more appropriate to apply the rates of
pay for the general worker category (details supplied to the
Court).
COMPANY'S ARGUMENTS:
3. 1. The bakery and confectionery trade is in a very serious
state at present. This is highlighted by the recent closure
of Johnston Mooney & O'Briens with the loss of 500 jobs and
the recent announcement of the closure of another large
bakery. The financial position of the Company is still
broadly the same and it would not be in a position to
implement the wage structure contained in the Catering J.L.C.
The workers have better conditions of employment other than
wages, than those laid down by the J.L.C.
2. The rates of pay of the workers are higher than those paid
in other fast food outlets in the City with whom the Company
is in direct competition. In an effort to meet the needs of
the workers and the financial constraints of the Company, it
was decided to adopt the general terms of the P.N.R. The
Court should recommend that the Company continue to implement
the guidelines laid down in the P.N.R.
RECOMMENDATION:
5. The Court notes that the terms of the Programme for National
Recovery have not been implemented in full by the Company. The
Court is of the view that the minimum of #4 per week should be
implemented from the appropriate date and so recommends.
~
Signed on behalf of the Labour Court
Evelyn Owens
_________________________
3rd May, 1989. Deputy Chairman
U.M./J.C.