Labour Court Database __________________________________________________________________________________ File Number: CD90209 Case Number: LCR12965 Section / Act: S67 Parties: KILLESHANDRA CO-OPERATIVE AGRICULTURAL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claims by the Union for:- (i) a pay increase for permanent clerical workers and (ii) increased rates of pay for temporary clerical workers.
Recommendation:
9. The Court having fully considered the submissions, oral and
written, of the parties finds there are reasonable grounds to
convince the Court that in respect of co-operation to meet certain
deadlines there was a commitment to the staff that a reward would
be forthcoming. Accordingly the Court recommends that a sum of
#5,000 be divided among the staff concerned.
In respect of the temporary (casual) staff the Court recommends
that they be paid #90 per week at recruitment date #111.59 six
months later and progress to the first point of the salary scale
(#133.18) after 12 months service. (The above amounts based on
the details of salaries supplied to the Court).
Division: MrMcGrath Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD90209 RECOMMENDATION NO. LCR12965
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: KILLESHANDRA CO-OPERATIVE AGRICULTURAL
AND DAIRY SOCIETY LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claims by the Union for:-
(i) a pay increase for permanent clerical workers and
(ii) increased rates of pay for temporary clerical workers.
GENERAL BACKGROUND:
2. The dispute concerns approximately eighteen clerical staff.
The claims were discussed at local level and at a conciliation
conference held on the 4th April, 1990. As no agreement was
reached the dispute was referred to the Labour Court on the 27th
April, 1990. A Court hearing was held in Cavan on the 17th July,
1990.
Claim 1 - Pay Increase for 18 permanent clerical workers
BACKGROUND:
3. The present pay scale of the workers concerned ranges from
#133.18 to #156.14. Their duties include secretarial work,
typing, reception, telephones, telex, fax, accounts work etc. The
Union maintains that Management gave a commitment to workers in
January, 1990 that if there was staff co-operation in meeting
various deadlines there would be a financial reward forthcoming
from the Society. The Union understood this to mean a pay
increase and is now claiming a pay scale with a maximum of #192
p.w. and pro rata increases on other points. Management has
rejected the claim stating that no commitment was ever given to
increase the pay scale.
UNION'S ARGUMENTS:
4. 1. In February, 1990 when the Union decided that it was time
to have the Society's promised payment confirmed it was
surprised to learn that no member of Management could remember
making the proposal. At this time a new post was created in
the Company's Dublin Sales Office and a worker from
Killeshandra succeeded in being appointed to the post at a
salary of #192.00 p.w.
2. The workers concerned work to deadlines which vary from
month to month and considerable pressure is placed on them
(details of duties and deadlines achieved supplied to the
Court). In addition to this pressure there has been a six
month period of intensive campaigning by the Co-Operative in
relation to a forthcoming merger.
3. The workers are performing all their onerous duties in an
extremely competent and efficient manner. They have responded
positively to every challenge and changed deadlines and worked
whatever overtime was necessary to ensure that important data
was available as required. They will continue to do so but
consider that a just reward would be the adjusting of the top
point of the clerical scale to #192.
SOCIETY'S ARGUMENTS:
5. 1. The Union's claim represents an increase of #36.36 p.w. or
23.3%. The estimated annual cost of this claim is #50,000.
The workers are on a 35 hour week and are paid overtime
premium rates for all hours worked in excess. They also
receive an annual bonus of 3% of total earnings.
2. The Society totally rejects the Union's claim that
Management promised the workers concerned a pay increase. In
recent times the Society has been expanding computerisation
and revamping its systems to suit. This has resulted in some
changes but nothing to warrant a pay increase. It is quite
normal for accounts systems to operate on deadlines.
3. It is accepted that staff were required to work additional
overtime. This included work on weekends for some staff,
however the workers were paid at the appropriate premium
rates. There is no evidence of increased productivity by
clerical staff, indeed the Society has been increasing the
number of staff employed. Accordingly it is Managements view
that the claim is precluded under the terms of Clause 4 of the
Programme for National Recovery.
Claim 2 - Increased rates of pay for temporary clerical staff:
BACKGROUND:
6. The Union wants the pay scale of temporary clerical staff
brought into line with the scale for permanent clerical workers.
The Society has rejected the claim.
UNION'S ARGUMENTS:
7. 1. The workers concerned are being exploited by the Society
with most of them receiving #79 gross per week. They are
expected to work whatever hours are decided by Management. On
occasions this has included working until 5.00 a.m. from
commencement the previous day at 9.00 a.m. The third level
college in Cavan has noted the manner in which the Society
treats their former students and will not nominate individuals
for temporary positions in the Society.
2. There is only one agreed scale for clerical staff in this
employment and that is the scale set for permanent clerical
staff. There is no valid reason why the temporary staff, some
of whom are in employment for over twelve months, should not
enjoy the benefits of that scale. Temporary staff are working
side by side with permanent workers doing identical work for
vastly inferior wages. There is no justification for this
situation.
SOCIETY'S ARGUMENTS:
8. 1. The Society traditionally employs casual clerical staff
for a few months each summer and they are utilised for holiday
relief work and are usually school leavers. The Society
offered them a period of training and familiarisation with
office procedures before moving on to permanent employment
elsewhere.
2. Due to the computerisation of systems and the merger
campaign casual staff were kept on longer than usual. This is
an unusual situation for the Society, however it is not one
that Management would anticipate continuing. The Society, as
a legal entity is effectively in its last days. Soon it will
be subsumed into a new entity i.e. Lakelands Dairies. The
Society will have to re-organise its management and
structures. It is the view of Management that this will
effectively eliminate the casual employment situation.
RECOMMENDATION:
9. The Court having fully considered the submissions, oral and
written, of the parties finds there are reasonable grounds to
convince the Court that in respect of co-operation to meet certain
deadlines there was a commitment to the staff that a reward would
be forthcoming. Accordingly the Court recommends that a sum of
#5,000 be divided among the staff concerned.
In respect of the temporary (casual) staff the Court recommends
that they be paid #90 per week at recruitment date #111.59 six
months later and progress to the first point of the salary scale
(#133.18) after 12 months service. (The above amounts based on
the details of salaries supplied to the Court).
~
Signed on behalf of the Labour Court
Tom McGrath
____________________________
31st July, 1990. Deputy Chairman
T.O'D./J.C.