Labour Court Database __________________________________________________________________________________ File Number: CD9113 Case Number: LCR13202 Section / Act: S20(1) Parties: T.S.A. TYRES (DONEGAL) LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning wages and conditions of employment.
Recommendation:
6. The Court recommends that the Company recognise the Union's
right to represent the employees which it has in membership and
further that it enters into negotiations immediately in respect of
the various Union's claims.
Division: Ms Owens Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD9113 RECOMMENDATION NO. LCR13202
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1976
SECTION 20(1)
PARTIES: T.S.A. TYRES (DONEGAL) LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning wages and conditions of employment.
BACKGROUND:
2. The Company, which is based in Ballybofey, Co. Donegal is
engaged in the wholesale and retail distribution of tyres for
cars, lorries, tractors, etc. as well as providing a tyre fitting
and replacement service at its Ballybofey depot.
3. There are four full time employees in addition to a manager
employed at the Ballybofey depot. On 20th September, 1990 three
of the employees joined the Union. Since that time the Company
has failed to respond to numerous invitations from the Union to
meet to discuss the pay and conditions of employment of the
workers here concerned. The workers comprise of one clerical
worker on a basic wage of #151 per week (40 hour week); one fitter
on a basic wage of #116 (44 hour week); one van/salesman has also
been in receipt of commission on sales to a maximum of #400 in a
three month period.
4. The Union referred the issue to the conciliation service of
the Labour Court. The Company declined an invitation to attend a
conciliation conference. The Union then referred the case to the
Labour Court for investigation and recommendation under Section
20(1) of the Industrial Relations Act, 1969. The Union agreed to
be bound by the Court's recommendation. A Court hearing was held
in Letterkenny on 13th February, 1991. The Company did not attend
or was represented at the hearing.
UNION'S ARGUMENTS:
5. 1. The worker's rates of pay are very low and the working
week very long. In addition there are no extra payments for
overtime worked. The workers have no tea-breaks, and have a
one hour unpaid lunch break. Holidays are allowed as
follows; 10 days annual leave, plus another 5 added paid
days. The workers do not have the option of taking the
latter as leave.
2. The Union is seeking recognition as a top priority in
order to address the issues of pay and conditions of
employment. In order to establish dialogue the Court is
asked to recommend that the Union be given negotiating rights
so that it may represent its members.
RECOMMENDATION:
6. The Court recommends that the Company recognise the Union's
right to represent the employees which it has in membership and
further that it enters into negotiations immediately in respect of
the various Union's claims.
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Signed on behalf of the Labour Court
26th February, 1991 Evelyn Owens
M.D./M.O'C. _______________
Deputy Chairman