Labour Court Database __________________________________________________________________________________ File Number: CD91271 Case Number: LCR13359 Section / Act: S26(1) Parties: VALUE CENTRE CASH & CARRY - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Dispute concerning the introduction of Saturday trading and staggered lunch breaks.
Recommendation:
SATURDAY OPENING:
The Court considers that the Union should not place obstacles to
the introduction of Saturday (full-day) trading by the Company.
However, the Court also considers that the present staff should
have the option of electing to work or not to work on Saturdays.
Any staffing short-fall for Saturdays should be made up by
pro-rata part-time staff.
The Court recommends that where existing staff opt to include
Saturdays in their working week they should be paid the following
additional amounts on their age related scale.
AGE 16 - #2
" 17 - #4
" 18 - #6
" 19 - #8
" 20 - #10
" 21 - #12
Staff outside the age-related scale should be paid #12. The
day-off for staff working Saturdays should be as set out in the
Company proposal of December, 1990.
The Court does not recommend concession of the other Union claims
in respect of Saturday working.
Staggered Lunch Break:
Having considered the arguments put forward by the parties, the
Court recommends that the Union accept the introduction of a
staggered lunch-break starting at 12.15 p.m. and ending at
2.30 p.m. and that the Company pay each of the staff a lump sum of
#300 by way of compensation.
Division: CHAIRMAN Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91271 RECOMMENDATION NO. LCR13359
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 26 INDUSTRIAL RELATIONS ACT, 1990
PARTIES: VALUE CENTRE CASH & CARRY
(Represented by the Federation of Irish Employers)
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Dispute concerning the introduction of Saturday trading and
staggered lunch breaks.
BACKGROUND:
2. 1. The Company operates a wholesale grocery business and
employs 12 workers. It serves the North Eastern Region and is
part of BWG Foods Limited. Management are seeking the
introduction of 6 day trading and staggered lunch breaks. The
Company trades from Monday to Friday, closing daily for lunch
between 1 p.m. and 2.15 p.m. Competition from a local similar
business which trades Monday to Saturday inclusive and the
predicted increase in cross border competition from 1992 onwards,
has prompted the Company to negotiate with the Union in order to
meet the increased demands of its customers.
2. Conciliation conferences were held on 26th February and 15th
March, 1991. The Union indicated that at least 5 of the 10
workers would be prepared to work Saturdays as a normal working
day, provided the Company agreed to pay the Dundalk Distributive
Trades minimum wage rate for 6 day trading (#103.50 to #173.05
over 5 service related points) and granted other conditions. The
Company's pay scale is #67 to #149 over 6 age related points. The
Union was not prepared to negotiate on the issue of staggered
lunch breaks.
3. The Company offered to introduce a weekly premium payment
based on the type of differential that exists between the Dundalk
Distributive Trades' rates for 5 and 6 day trading. The premium
offered was as follows:-
Age 17-#2, Age 18-#3, Age 19-#4, Age 20-#5, Age 21 and over - #6.
#6 was also offered to those on personal rates.
In addition an offer of a lump sum payment of #200 was made for
the introduction of the staggered lunch breaks.
4. The Union rejected the proposals and the dispute was referred
to the Labour Court for investigation and recommendation on 22nd
May, 1991. A Labour Court investigation took place in Dundalk on
25th June, 1991.
UNION ARGUMENTS:
3. 1. The workers were employed to work a 5 day week (Monday
to Friday) and their personal and social activities revolved
around this. Some workers have long standing commitments for
Saturdays. Five workers would agree to work on Saturdays on
the following basis:-
(a) An agreed roster which would ensure that staff who
worked on Saturday would be off on Monday
(b) Members would be rostered for every second
Saturday only
(c) The Company to adopt the Dundalk Distributive
Trades 6 day trading rate as the minimum basic
rate with existing differentials being maintained
(d) A once-off payment to all staff
(e) Existing closed lunch hours to be maintained
(f) Good Friday to be recognised as an additional free
day
(g) Agreement on stock-taking arrangements in the
event of stock-taking falling on a Saturday
(h) Members who opt out of any new 6 day trading
arrangement who continue to work Monday to Friday
cannot and will not be forced to change.
2. The issue of staggered lunch breaks provides particular
problems in a small Company, as staff have established
particular arrangements for their lunch breaks. Difficulties
also arise when there are not enough staff on duty to cover
lunch breaks.
COMPANY'S ARGUMENTS:
4. 1. To be competitive and to meet the changing demands of
its customers, the Company are seeking all day trading Monday
to Saturday. The staff would have a revolving day off and a
staggered lunch break. The Company offered a lump sum payment
of #200 for the acceptance of a staggered lunch break.
2. The Company's offer, conditional on 5 workers operating
the Saturday roster, is reasonable and follows the Dundalk
Distributive Trades Agreement on 6 day trading. Initially no
part-time workers would be employed but the Company reserves
the right to employ part-time workers where a minimum of 5
workers could not be provided for the roster or if the
business expanded in future.
4. 3. The Company could compete if their proposals are
accepted, the workers would have an opportunity to earn more
money and the area would have the possibility of additional
employment. The workers cannot refuse to work on Saturday and
at the same time, prevent the Company from employing part-time
workers.
RECOMMENDATION:
SATURDAY OPENING:
The Court considers that the Union should not place obstacles to
the introduction of Saturday (full-day) trading by the Company.
However, the Court also considers that the present staff should
have the option of electing to work or not to work on Saturdays.
Any staffing short-fall for Saturdays should be made up by
pro-rata part-time staff.
The Court recommends that where existing staff opt to include
Saturdays in their working week they should be paid the following
additional amounts on their age related scale.
AGE 16 - #2
" 17 - #4
" 18 - #6
" 19 - #8
" 20 - #10
" 21 - #12
Staff outside the age-related scale should be paid #12. The
day-off for staff working Saturdays should be as set out in the
Company proposal of December, 1990.
The Court does not recommend concession of the other Union claims
in respect of Saturday working.
Staggered Lunch Break:
Having considered the arguments put forward by the parties, the
Court recommends that the Union accept the introduction of a
staggered lunch-break starting at 12.15 p.m. and ending at
2.30 p.m. and that the Company pay each of the staff a lump sum of
#300 by way of compensation.
~
Signed on behalf of the Labour Court
Kevin Heffernan
-----------------------
19th July, 1991
J.F./U.S. Chairman