Labour Court Database __________________________________________________________________________________ File Number: CD90285 Case Number: LCR12954 Section / Act: S20(1) Parties: LOCAL STORES TRADING LIMITED - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claim by the Union for recognition and the negotiation of a review of the terms and conditions of employment of shop staff employed by the Company.
Recommendation:
5. The Court has considered the submissions made by the parties.
The Union has shown to the Court's satisfaction that it represents
a considerable number of the staff of the Company and the Court
therefore recommends that the Company recognise the Union and
negotiate with it on all relevant matters currently at issue or as
they may arise in the future.
Division: Mr O'Connell Mr Keogh Mr O'Murchu
Text of Document__________________________________________________________________
CD90285 RECOMMENDATION NO. LCR12954
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: LOCAL STORES TRADING LIMITED
(TRADING AS 7-ELEVEN)
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claim by the Union for recognition and the negotiation of a
review of the terms and conditions of employment of shop staff
employed by the Company.
BACKGROUND:
2. The Company owns the Irish 7-Eleven franchise and since 1987
has opened 18 stores employing 220 staff at present. Workers who
are recruited by the Company are required to sign a contract of
employment which sets out the terms and conditions of their
employment (details supplied to the Court). In May, 1990 the
Union wrote to the Company indicating that a number of staff had
joined the Union and requested a meeting with the Company to
discuss their terms and conditions of employment. The Company
responded by asking for details of the Union membership. Due to a
condition in the contract of employment, which states "the Company
has no agreement with any Trade Union and does not recognise the
right of any trade union to represent any employee", the Union was
unwilling to release details of membership. No progress was made
in arranging a meeting between the parties and the matter was
referred by the Union on 1st June, 1990 to the Labour Court under
Section 20(1) of the Industrial Relations Act, 1969. The Union's
claims are as follows:-
1. Pay, overtime, and shift premium
The following scale shall apply
Year Rate per hour
1. 3.10
2. 3.25
3. 3.42
4. 4.30
5. 4.44
6. 4.65
Overtime
Overtime will be voluntary and will apply after 39 hours.
The overtime rate will be double-time when the store is
trading. When the store is closed, overtime will be time
and a half for the first four hours and double-time
thereafter.
Shift Premium
The shift premium for the night shift will be 1/3 the
rate.
Paperwork
All paperwork will be undertaken during the employees
shift and there will be no obligation to remain on after
normal finishing time to complete paperwork.
2. Annual Leave
Annual leave is 15 days per annum. The entitlement
increases to 20 days after two years' service. All staff
should be entitled to 21 days annual leave (including
Good Friday) in their first year of employment.
3. Christmas Day/New Years Day/Easter Sunday/Easter Monday
All staff are liable for working these National Holidays.
The Union proposes that working on these days will be
voluntary.
4. Accidents at Work
The Union proposes that the Company delete the following
clause from the standard contract of employment:
"The Company accepts no liability whatsoever for any
accident not correctly reported, howsoever caused."
5. Notice of Termination of Employment
The terms of the Minimum Notice and Terms of Employment
Act, 1973 will apply for all staff.
The Union proposes the following clause be deleted from
the contract of employment:
"You are required to give a minimum of two weeks notice
in writing should you decide to terminate employment
failing which the Company will impose a penalty of pay
due."
6. Security
The Union proposes that:
(1) The Company provides permanent security guards in
all stores which open between the hours of 9.00 p.m.
and 7.00 a.m.
(2) Staff who work night shift be provided with their
taxi fare home from the store when there are no
other means of safe transport.
7. Probation
The probationary period for new employees is six months.
The Union proposes that the probationary period be
reduced to three months.
8. Breaks
The Union proposes that the staff be allowed leave the
store during their unpaid break which should last at
least one hour on the day shift. The Company has no
grounds for instructing the staff to stay at their
workplace during this break.
The paid breaks should consist of 15 minutes each and the
Company should provide adequate seating and canteen
facilities as per their legal obligations. Tea and
coffee should be provided for the staff in the stores.
Head Office staff enjoy this facility.
9. Hours of Work
Staff should get notice of their hours of work one week
in advance and they should be under no obligation to
change those hours.
Staff rosters should provide for adequate opportunity for
rest between shifts.
10. Work Location
Employees of the Company are liable to work in any of
their stores at any time. It is unfair to recruit
someone to work in Coolock and then expect them to work
in Dalkey, when they are living on the Northside of the
city. Changes in work location should be reasonable and
staff should be given adequate notice of any such change.
11. Gross Misconduct
The Union propose that the Company delete the following
from the examples of incidents which merit dismissal
without recourse to stage 1-3 of the disciplinary
procedure.
8 Absence from the workplace without permission
10 Failure to enter a sale on the cash register
accurately
11 Failure to comply with staff purchase
procedures.
12. Polygraphs
The Company state in the contract of employment that they
may use polygraph tests on their employees.
We propose that the relevant clause be removed from the
contract.
13. Store Managers
The Union claims that Store Managers be paid overtime
when they have completed 39 hours in a week and that they
be paid the same overtime rate as sales assistants.
All expenses incurred by them on behalf of the Company
should be reimbursed by the Company.
The Union also propose that the Labour Court recommend an
appropriate on call allowance for them.
14. Trade Unions
The following clause should be deleted from the Contract
of Employment:
"The Company has no agreement with any Trade Union and
does not recognise the right of any trade union to
represent any employee."
The Company should recognise the Union as the
representative of the staff whose names it has given to
the Labour Court and the Company should discuss any of
the workers grievances with the Union.
15. Change of Terms and/or Conditions
The following clause should be deleted from the Contract
of Employment:
"The Company reserves the right to change the terms
and/or conditions set out above on giving seven days
notice to its employees."
A Labour Court hearing on the matter took place on 10th July,
1990. Prior to the hearing the Union agreed to be bound by the
Court's recommendation. The Company did not attend and was not
represented at the hearing but made a written submission to the
Court prior to the hearing.
UNION'S ARGUMENTS:
3. 1. The Company has an anti-Union policy and has used
intimidating tactics to discourage staff from joining the
Union. When the Union requested a meeting to review terms and
conditions of employment the Company used heavy handed tactics
in order to find out which staff are members of the Union.
The Company should desist from intimidating those members of
staff who wish to exercise their fundamental right to join a
Union.
2. There is a need for a comprehensive and proper review of
the terms and conditions of employment of the workers. Some
of the conditions being applied are illegal and exploitive.
The Company should recognise the Union and enter into
negotiations on the grievances the workers have in relation to
their terms and conditions of employment.
RECOMMENDATION:
5. The Court has considered the submissions made by the parties.
The Union has shown to the Court's satisfaction that it represents
a considerable number of the staff of the Company and the Court
therefore recommends that the Company recognise the Union and
negotiate with it on all relevant matters currently at issue or as
they may arise in the future.
~
Signed on behalf of the Labour Court
John O'Connell
________________________
18th July, 1990. Deputy Chairman
A.S./J.C.