Labour Court Database __________________________________________________________________________________ File Number: CD9185 Case Number: INT911 Section / Act: S33(1) Parties: ELVERYS SPORTS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Application by John Keane of the Services Industrial Professional Technical Union (the Union) under Section 33 of the Industrial Relations Act 1946 for a decision by the Labour Court as to whether the Registered Employment Agreement (R.E.A.) for Dublin and Dun Laoghaire Footwear, Drapery and Allied Trades applies to the workers at Elverys Sports Limited (the Company).
Recommendation:
7. The Court fully considered the submissions by the parties.
In doing so, it had particular regard to the classes of goods
available in the establishment as detailed in the submissions.
Having regard to Clause 1 (Scope of the Agreement) of the
Registered Employment Agreement (Dublin and Dun Laoghaire Footwear
Drapery and Allied Trades) and pursuant to its powers under
Section 33 of the Industrial Relations Act 1946, the Court decides
that the said Agreement applies to the workers at Elverys Sports
Limited.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD9185 INTERPRETATION NO. INT191
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 33
PARTIES: ELVERYS SPORTS LIMITED
(Represented by the Federation of Irish Employers)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Application by John Keane of the Services Industrial
Professional Technical Union (the Union) under Section 33 of the
Industrial Relations Act 1946 for a decision by the Labour Court
as to whether the Registered Employment Agreement (R.E.A.) for
Dublin and Dun Laoghaire Footwear, Drapery and Allied Trades
applies to the workers at Elverys Sports Limited (the Company).
BACKGROUND:
2. The Company runs a retail sales outlet in Suffolk Street,
Dublin and employs a total of 18 staff. It sells sporting
equipment, clothing, footwear and specialist sports apparel. The
present Company was established in 1984 following the purchase of
the assets of J. W. Elvery & Company Limited which had gone into
receivership.
3. Prior to 1984 J. W. Elvery & Company Limited was a party to
the R.E.A. for Dublin and Dun Laoghaire Footwear, Drapery and
Allied Trades. Since 1984 the present Company has not been party
to the Agreement on the basis that its business is comprised of
mainly specialised sports equipment and sports wear and that these
products do not come within the scope of the Agreement.
4. The Union contends that the Company is covered by the
Agreement on the grounds that the broad thrust of the Company's
business has been consistent over the years, the Company's
business is long established and the previous owners were party to
the Agreement up to 1984. The Union applied to the Labour Court
for a decision under Section 33 of the Industrial Relations Act
1946 as to whether the R.E.A applies to the workers in the
Company. The Court investigated the application on 18th February,
1991.
UNION'S ARGUMENTS:
5. 1. The Company is very clearly involved in the retailing of
footwear, clothing and headgear with sportswear as distinct
from sports equipment constituting the principle part of the
Company's business. With changing fashion trends, which are
influenced by a number of factors (age profile of population,
disposable income, greater emphasis on leisure pursuits etc.)
the footwear, clothing and headgear today is very different
to the formal attire of a few years ago. Casual shoes are
worn by people in all walks of life, likewise track-suits,
sweat shirts, rugby tops, jumpers, jackets, all weather gear
etc.
2. The Company employs 10 sales assistants on three floors.
In the basement half the floor space is allocated to sports
plus half footwear; ground floor 3/4 sports 1/4 clothing; 1st
flour clothing. Four sales staff are assigned to footwear,
four to clothing and seven to sports. It can therefore be
seen that the principal business was and still is footwear
and clothing and therefore the business comes within he scope
of the R.E.A.
3. Even though the R.E.A. has not been revised since 1987
many aspects of same are still current. The rates of pay are
out of line by three phases of the Programme for National
Recovery (P.N.R.) but some workers to-day are on less money
and commission than the 1987 rates (details supplied to the
Court). Hence if the Court were to find in favour of the
Union it would give it a frame work within which the
imbalance could be redressed.
COMPANY'S ARGUMENTS:
6. 1. Elverys Sports Limited is not a continuation of J. W.
Elvery & Company Limited. It is a separate and distinct
legal entity. It is just as relevant to make comparisons
with other sports shops in establishing an historical basis
for a decision in this case (details supplied to the Court).
2. The Union has stated "the new owners have consistently
refused to observe the terms of the Agreement etc.". No
application has been made to the Company since January 1984
to agree to be bound by the terms of the R.E.A. or any other
trade agreement for that matter.
3. The Company's principal business is the sale of sports
equipment and specialist sports apparel. These two items
which do not fall within the ambit of the Agreement account
for 73.6% of the Company's business. The argument that staff
allocation and floor space should be used as a criteria is
very imprecise as from time to time greater promotion of one
product over an other occurs which would involve greater
floor space and staff allocated to that particular product.
DECISION:
7. The Court fully considered the submissions by the parties.
In doing so, it had particular regard to the classes of goods
available in the establishment as detailed in the submissions.
Having regard to Clause 1 (Scope of the Agreement) of the
Registered Employment Agreement (Dublin and Dun Laoghaire Footwear
Drapery and Allied Trades) and pursuant to its powers under
Section 33 of the Industrial Relations Act 1946, the Court decides
that the said Agreement applies to the workers at Elverys Sports
Limited.
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Signed on behalf of the Labour Court
27th March, 1991 Evelyn Owens
M.D./M.O'C. _______________
Deputy Chairman