Labour Court Database __________________________________________________________________________________ File Number: CD89575 Case Number: LCR12613 Section / Act: S67 Parties: QUINNSWORTH - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Company for the introduction of bar code scanning cash registers.
Recommendation:
5. Having considered the submissions made by the parties, the
Court accepts the Company's contention that the introduction of
scanning registers will not give rise to redundancy and therefore,
recommends that the workers concerned accept the terms offered and
agree to their immediate introduction.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD89575 RECOMMENDATION NO. LCR12613
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: QUINNSWORTH
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Company for the introduction of bar code scanning
cash registers.
BACKGROUND:
2. The Company wishes to introduce bar code scanning cash
registers in its Mullingar branch. Agreement has been reached on
their introduction in all of the Company's other branches. That
agreement was as follows:-
(a) The Christmas bonus of half a weeks pay increased to one
weeks pay from the Christmas following the date of
agreement. Payments of an additional quarter weeks bonus
was paid in respect of the preceding Christmas bonus.
(b) The Company guaranteed that there would be no
redundancies resulting from the introduction of the new
machines.
(c) Full training to be provided.
The Company proposed the same agreement in respect of the
Mullingar branch. This was rejected by the Union, who do not
object in principle to the introduction of the new machines, but
believe that compensation on an on-going basis, in the form of an
increase in the basic rate. The Union's proposal was rejected by
the Company who proposed a once off payment of one weeks pay from
the date of agreement and that, as per all other branches, the
Christmas bonus thereafter be increased to one weeks pay. This
offer was also rejected by the Union and on 17th July, 1989, the
matter was referred to the conciliation service of the Labour
Court. No agreement was reached at a conciliation conference held
on 22nd August, 1989, and the matter was referred to the Labour
Court for investigation and recommendation. The Court
investigated the dispute on 3rd October, 1989, in Mullingar.
COMPANY'S ARGUMENTS:
3. 1. The wage rates applying in Mullingar are the highest of
all the branches in the region. Wages, expressed as a
percentage of sales, are far in excess of comparable branches.
The Company is already committed under the terms of the
Programme for National Recovery to the introduction of a 39
hour week. This will result in a payroll cost increase of up
to 3%. There is no scope for further on-going payroll cost
increases.
2. None of the Company's competition have made any payment
for the installation of scanning systems. Indeed, many
competitors operate at below Union rates and do not offer
anything like the working conditions and employment security
of this Company. The Company will only maintain its position
in this regard if it can proceed with the introduction.
3. The Company's experience shows that workers directly
concerned with the new equipment are delighted with its
introduction. The Company believes that such staff in
Mullingar would also be happy with its introduction on the
basis of the offer made.
4. The final offer made is superior to that offered and
accepted throughout the Company i.e. one weeks pay compared to
a quarter weeks pay at the time of agreement. The Company
believes this to be fair and reasonable.
UNION'S ARGUMENTS:
4. 1. The Union rejected the Company's offer on the basis that
the proposed machines will mean no pricing on the shelves
leading to a reduction in hours available to the staff. The
Union also believes that a greater amount of merchandising
will be undertaken by suppliers leading to a further reduction
in staff available to be worked. The new system will be used
to introduce greater stock control and automatic re-ordering,
which will in turn reduce hours, available in the stock room.
The Union believes the Company's offer, which works out at
approximately 1% is derisory under the circumstances.
2. The Company has persistently refused to negotiate with the
Union on a national basis, arguing that each branch will have
to make its own deals. In this case the Company are arguing
on the basis that a standard agreement has been reached with
all other branches. The reality is that wages, working hours
and service pay vary greatly between the branches.
3. The Union believes that the Company should negotiate an
on-going wage increase for the workers concerned.
RECOMMENDATION:
5. Having considered the submissions made by the parties, the
Court accepts the Company's contention that the introduction of
scanning registers will not give rise to redundancy and therefore,
recommends that the workers concerned accept the terms offered and
agree to their immediate introduction.
~
Signed on behalf of the Labour Court
John O'Connell
________________________
26th October, 1989. Deputy Chairman
B.O'N/J.C.