Labour Court Database __________________________________________________________________________________ File Number: CD89256 Case Number: LCR12387 Section / Act: S67 Parties: BYRNE CATERING LIMITED - and - CORK OPERATIVE BUTCHERS' SOCIETY |
Claim by the Society concerning the Company's proposal to put 9 butchers on short-time working.
Recommendation:
5. Having considered the submissions made by the parties and
noting the position of the trade in Cork, the Court recommends
that the Union should co-operate with the necessary lay-off and
short-time working requirements of the Company.
Division: Mr Fitzgerald Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD89256 RECOMMENDATION NO. LCR12387
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BYRNE CATERING LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
CORK OPERATIVE BUTCHERS' SOCIETY
SUBJECT:
1. Claim by the Society concerning the Company's proposal to put
9 butchers on short-time working.
BACKGROUND:
2. As a result of a decrease in sales and consequent business
difficulties the Company reached agreement on short-time working
for sales assistants with the Irish Distributive and
Administrative Trade Union and the Irish Transport and General
Workers' Union. In mid-December, 1988, through no fault of its
own, the Company had to close one of its retail outlets. The
butchers employed in this outlet were absorbed into another
outlet. As a result there was a staff surplus of two butchers and
one apprentice. The Company in January, 1989, proposed putting
nine butchers on short-time for an indefinite period as a result
of the overall poor trading situation over the last year. The
Union disputed the degree to which turnover is down and requested
to see financial details for the past two years. The request was
denied by the Company. As no local agreement could be reached the
matter was referred to the Conciliation Service of the Labour
Court on 10th February, 1989. No agreement could be reached at a
conciliation conference held on 15th March, 1989, and the dispute
was referred to the Labour Court on 21st April, 1989, for
investigation and recommendation. The Court investigated the
matter on 26th April, 1989, in Cork.
SOCIETY'S ARGUMENTS:
3. 1. The Society will negotiate a suitable arrangement with the
Company if the financial situation justifies short-time
working, redundancies or any other form of cut back.
2. The Society has not been able to get any financial details
from its own members employed in the Company as it is an
expectation of their employment that they do not breach such
confidence. They will indicate if any false figures are being
given to the Society. This is very vague and most
unsatisfactory.
3. The Society cannot understand the Company's conspiratorial
stance and requests the Court to instruct the Company to
discuss their serious proposals in an open and honest manner
with the Society.
COMPANY'S ARGUMENTS:
4. 1. The long delay in implementing short-time working is
putting further strains on the Company's serious financial
position. As a result of decreasing sales volumes the wages
cost is above the accepted norms. This could permanently
damage the Company's position.
2. The Company is currently working on a strategy to win back
market share and secure the future of its retail outlets and
preserve jobs. It is necessary to temporarily have staffing
levels that are consistent with actual requirements.
3. Within the retail meat trade in Cork there have already
been lay-offs and short-time working. Where this has happened
the Society has dealt with the companies on a reasonable
basis. The Company should be treated in a similar manner by
the Society and is entitled to the same co-operation as it has
received from the other unions.
RECOMMENDATION:
5. Having considered the submissions made by the parties and
noting the position of the trade in Cork, the Court recommends
that the Union should co-operate with the necessary lay-off and
short-time working requirements of the Company.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
_________________________
11th May, 1989. Deputy Chairman
B.O'N/J.C.