Labour Court Database __________________________________________________________________________________ File Number: CD90383 Case Number: LCR13006 Section / Act: S67 Parties: POWER SUPERMARKETS LIMITED - and - IRISH NATIONAL UNION OF VINTNERS' GROCERS' |
Claim by the Union concerning the employment of part-time staff in accordance with a Dublin Grocery Trade Joint Industrial Council (J.I.C.) Agreement.
Recommendation:
5. The Court in normal circumstances, and particularly in respect
of a J.I.C. agreement, would call on the parties to adhere to the
terms of the agreement and through discussion and agreement make
such amendments as are necessary.
However, in the circumstances outlined to it in this case, as
alternative agreements are already in force with members of the
J.I.C., it is the view of the Court that the parties
(I.N.U.V.G.A.T.A. and Powers Supermarkets Limited) should
immediately enter discussions with a view to agreeing the ratio of
pro-rata to full-time staff, to apply in the Company outlets, as
soon as possible and in any case before 30th October, 1990.
In the event the parties cannot reach agreement the Court is
prepared to assist.
The Court so recommends.
Division: MrMcGrath Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD90383 RECOMMENDATION NO. LCR13006
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: POWER SUPERMARKETS LIMITED
and
IRISH NATIONAL UNION OF VINTNERS' GROCERS'
AND ALLIED TRADES ASSISTANTS
SUBJECT:
1. Claim by the Union concerning the employment of part-time
staff in accordance with a Dublin Grocery Trade Joint Industrial
Council (J.I.C.) Agreement.
BACKGROUND:
2. Under the terms of a 1984 J.I.C. Agreement pro-rata staff may
be employed in a ratio of one pro-rata worker to every four full
time workers. A pro-rata worker is a part-time worker who
normally works less hours per week than the full-time basic weekly
hours. At its Artane Castle branch, the Company is employing 30
pro-rata workers to 69 full-time workers i.e. an approximate ratio
of 1:2, which is almost double the agreed level. The Union claims
that the ratio should be restored to the agreed level. The
Company rejected the Union's claim arguing that the only other
employer that is party to the J.I.C. has replaced the 1984
Agreement in direct negotiations with the Union and that this
agreement allows for a ratio of 3 pro-rata workers to 1 full-time
worker. Local level negotiations in November, 1989 and April,
1990, failed to resolve the matter and on 26th April, 1990, the
dispute was referred to the conciliation service of the Labour
Court. No agreement could be reached at a conciliation conference
held on 13th June, 1990, and the matter was referred to the Labour
Court on 11th July, 1990, for investigation and recommendation.
The Court investigated the dispute on 9th August, 1990.
UNION'S ARGUMENTS:
3. 1. The ratio of pro-rata to full-time workers in the
Company's Artane Castle branch is seriously out of line.
Despite several meetings the Company refuses to restore the
ratios to agreed levels. The Union seeks that the Company
apply the levels provided for under a 1984 J.I.C. Agreement.
2. The Union is and has always been prepared to negotiate at
national level with the Company on the issue of the 1984
J.I.C. Agreement, but it cannot do so if the Company does not
show its good faith by abiding by the existing agreement.
Agreements are made by mutual consent and until new agreeable
proposals are forthcoming the existing ratio must be adhered
to. The Court supported this principle in L.C.R. 12632.
3. The Union is very aware of the competitive nature of the
Irish grocery trade, however, the Union must take into account
the best interests of its members and their long term
aspirations. It is also important to note that the Company is
a highly successful and profitable enterprise. Unlike other
employments, part-time working in the grocery trade tends to
be involuntary. The part-time workers would usually rather
have a full-time job if one was available. The Company has
the resources to maintain the maximum number of full-time
positions and therefore, the ratio in the Artane Castle branch
should be 4 full-time to 1 pro-rata. The Union requests the
Court to recommend that 13 existing pro-rata staff in Artane
are upgraded to full-time status in order to comply with the
1984 J.I.C. Agreement.
COMPANY'S ARGUMENTS:
4. 1. The 1984 J.I.C. Agreement on ratios never operated in the
Artane Castle branch. The ratio established by custom and
practice is 1 pro-rata to 2 full-time workers. In fact, this
ratio applies by custom and practice in the majority of the
Company's Dublin branches. There is no restriction on the
number of pro-rata staff that may be employed in provincial
branches and in Dublin branches represented by other unions.
2. Two of the companies which made the 1984 Agreement have
been forced to cease trading i.e. Tesco Ireland Limited and H.
Williams and Company Limited. Currently there are only 2
employers represented on the J.I.C. - Power Supermarkets
Limited and Superquinn and Company Limited. Superquinn has
negotiated a new agreement with the Union whereby 3 pro-rata
workers can be employed to 1 full-time worker.
3. Dunnes Stores, one of the Company's main competitors does
not have any restrictions on the number of pro-rata workers
employed. A large number of the symbol groups and independent
operators e.g. Centra, Supervalue, 7-Eleven, pay below Union
rates and have no restrictions on staffing arrangements.
These represent a serious threat to the Company's market
position.
4. The Company contends that the 1984 J.I.C. Agreement is
inappropriate to current circumstances. Concession of the
Union's claim would lead to unsustainable cost increases
and/or a reduction in the number of pro-rata workers employed,
with a consequential reduction in service and loss of sales.
Undoubtedly, concession of the claim would have repercussive
effects in all the Company's branches which could jeopardise
the viability of the Company's total operations.
5. The Company requests the Court to recommend that the Union
and Company agree a ratio which is more appropriate to present
day circumstances.
RECOMMENDATION:
5. The Court in normal circumstances, and particularly in respect
of a J.I.C. agreement, would call on the parties to adhere to the
terms of the agreement and through discussion and agreement make
such amendments as are necessary.
However, in the circumstances outlined to it in this case, as
alternative agreements are already in force with members of the
J.I.C., it is the view of the Court that the parties
(I.N.U.V.G.A.T.A. and Powers Supermarkets Limited) should
immediately enter discussions with a view to agreeing the ratio of
pro-rata to full-time staff, to apply in the Company outlets, as
soon as possible and in any case before 30th October, 1990.
In the event the parties cannot reach agreement the Court is
prepared to assist.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
____________________________
5th September, 1990. Deputy Chairman
B.O'N./J.C.