Labour Court Database __________________________________________________________________________________ File Number: CD9157 Case Number: LCR13210 Section / Act: S67 Parties: POWER SUPERMARKETS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union on behalf of approximately 100 butchers concerning payment for continued handling of packaged meat, payment of late night tea money and service pay.
Recommendation:
6. The Court has considered the submissions of the parties and
has taken particular note of the employment and earnings
guarantees given by the Company. Accordingly the Court recommends
that the Company re-instate its most recent offer but amends the
proposed lump sum payment to #200 and that the Union accepts the
offer so amended in settlement of its claim.
The terms of settlement would now read:-
1. Tea money to be increased to 60p per late night.
2. Service pay to apply as follows;
wkly yrs service
50p 5
#1.00 10
#1.50 15
#2.00 20
3. 27th December to be a paid day off.
4. Butchers to receive a once off payment of #200 gross.
5. All gas flush products presently in any store may be extended
to all stores. This includes all varieties of beef, pork and
lamb but subject to the condition that in existing branches,
excluding Ballyfermot, Lucan, Bray Crazy Prices and Tallaght,
the sales of centrally produced consumer packs shall not
exceed 25% of total Meat Department sales.
6. The company guarantees that no butcher redundancies will arise
as a result of the implementation of these proposals and
further guarantees the butchers earnings levels will be
protected.
Division: CHAIRMAN Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD9157 RECOMMENDATION NO. LCR13210
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: POWER SUPERMARKETS LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union on behalf of approximately 100 butchers
concerning payment for continued handling of packaged meat,
payment of late night tea money and service pay.
BACKGROUND:
2. In 1986/87 the Company introduced C.A.P. (Controlled
Atmospheric Packaging). This was a new innovation which prolongs
the shelf-life of meat. This meat is received into a branch in a
semi-prepared condition i.e. the carcase is boned and broken down
in a meat processing plant and large cuts of meats are sealed in
air-tight bags in a mixture of approved gases for delivery to the
branch. The butcher in the branch cuts and prepares the meat for
display and packs from the C.A.P. delivery. C.A.P. ensures a
superior product for the customer. The Union viewed the
introduction of C.A.P. as a de-skilling of the trade and objected
to its introduction. After some discussion the Union agreed to
handle the new products for a trial period and sought
compensation. Compensation was rejected by the Company but
assurances were given that there would be no loss of butcher
employment resulting from its introduction. The Company also gave
an assurance that butchers would be employed in any branch in
which fresh meat is sold. In July, 1988, the Company increased
the Christmas bonus normally paid to butchers. The Company
maintain that this was done on the understanding that the Union
undertook to co-operate fully with the Company's plans to protect
and develop fresh meat sales. In 1990, the Company introduced
more C.A.P. products. The Union believes that the volume of these
products poses a serious threat to the butchers. As a result of
this the Union says that compensation should be paid. The Union
also seeks an increase in late-night tea money which has not been
increased since 1972 (currently 37.5p), service pay as per a 1982
agreement between the Union and the Dublin Master Victualers
Association (D.M.V.A.) and 27th December, as a paid day off, as
enjoyed by other staff members.
3. Agreement could not be reached locally and on 16th October,
1990, the matter was referred to the conciliation service of the
Labour Court. Conciliation conferences were held on 26th October,
19th and 23rd November, 1990, and the following proposals
emerged:-
(1) Tea money to be increased to 60p per late night.
(2) Service pay of 50p, #1, #1.50, #2 for 5, 10, 15 and 20
years of service respectively. (as per D.M.V.A./Union
Agreement).
(3) 27th December will be given as a day off.
(4) A lump sum of #50 gross to be paid to each butcher.
(1-4 to be implemented upon acceptance of the
proposals)
(5) All gas flush (C.A.P.) products presently in any store
can be extended to all stores.
The proposals were subsequently rejected by the Union and a
further meeting between the parties took place on 13th December,
1990. At this meeting the Company amended the proposals emanating
from the conciliation conference as follows:-
(a) The lump sum payment to be increased to #100 gross.
(b) Paragraph 5 to read "all gas flush products presently
in any store may be extended to all stores. This
includes all varieties of beef, pork and lamb but
subject to the condition that in existing branches,
excluding Ballyfermot, Lucan, Bray Crazy Prices and
Tallaght, the sales of centrally-produced consumer
packs shall not exceed 25% of total meat Department
sales.
(c) The Company guarantees that no butcher redundancies
will arise as a result of the implementation of the
proposals and further guarantees the butchers' earnings
levels will be protected.
The proposals were rejected by the Union and on 18th January,
1991, the dispute was referred to the Labour Court for
investigation and recommendation. The Court investigated the
dispute on 14th February, 1991.
UNION'S ARGUMENTS:
4. 1. The volume of C.A.P. products being handled pose a
serious threat to the butchers. The Company appears to have
arbitrarily moved from a trial situation to one of the product
being here to stay. The end result is that a number of stores
are exclusively handling these products and less butchers are
operating as a result.
4. 2. For nearly six years the butchers have handled these
products on a trial basis. There was a clear understanding
that at the end of the trial period the Company would discuss
conditions and compensation for handling these products. The
Company has not entered meaningful negotiations and although
they did attend conciliation, their offer was so small that it
was considered an insult by the butchers. The Union believe
that compensation of #1,500 per butcher for the handling of
all C.A.P. products should be paid. The Union also believes
that C.A.P. products should constitute no more than 10% of
total sales of each meat department.
3. The trend in supermarket trading is to trade two nights
per week. If the butchers work late they get a 30-minute
tea-break. In 1972 tea money was set at 37.5p (7/6D). This
payment has never been increased. The Company have offered an
increase of 22.5p after 19 years. The Union considers this an
insult and believes it should be increased to #3 per night.
4. During discussions on the 2nd Round in 1982, the issue
of service pay was agreed between the Union and the D.M.V.A.,
to apply to those on the basic rate. The butchers
hereconcerned work for the basic rate and should receive
service pay.
5. The butchers work alongside members of other unions who
have the 27th December as a paid day off. Butchers in other
supermarket chains also enjoy this day off. The Union
believes that this should be extended to the Company's
butchers.
COMPANY'S ARGUMENTS:
5. 1. The Company must retain the right to determine its
product development and marketing strategies i.e. which
products and in what form they should be stocked and presented
for sale. The Company's product development and marketing
strategies have ensured the protection and expansion of
butcher employment and earnings.
2. The Company guarantees that no redundancies or loss of
earnings will result from C.A.P. product developments. This
surely meets any anxieties or concerns the butchers may have.
3. The Company fully complies with the provisions of the
D.M.V.A./Union Agreement, including the application of the
appropriate rates of pay. Any increase in the rate of pay for
butchers in the circumstances would have serious repercussions
both internally and for the trade generally.
4. There is no basis for cost-increasing concessions in
these circumstances. Notwithstanding this the Company has
made generous proposals in the interests of an amicable
solution.
RECOMMENDATION:
6. The Court has considered the submissions of the parties and
has taken particular note of the employment and earnings
guarantees given by the Company. Accordingly the Court recommends
that the Company re-instate its most recent offer but amends the
proposed lump sum payment to #200 and that the Union accepts the
offer so amended in settlement of its claim.
The terms of settlement would now read:-
1. Tea money to be increased to 60p per late night.
2. Service pay to apply as follows;
wkly yrs service
50p 5
#1.00 10
#1.50 15
#2.00 20
3. 27th December to be a paid day off.
4. Butchers to receive a once off payment of #200 gross.
5. All gas flush products presently in any store may be extended
to all stores. This includes all varieties of beef, pork and
lamb but subject to the condition that in existing branches,
excluding Ballyfermot, Lucan, Bray Crazy Prices and Tallaght,
the sales of centrally produced consumer packs shall not
exceed 25% of total Meat Department sales.
6. The company guarantees that no butcher redundancies will arise
as a result of the implementation of these proposals and
further guarantees the butchers earnings levels will be
protected.
~
Signed on behalf of the Labour Court
-------------------
March, 1991 Kevin Heffernan
B O'N/U.S. Chairman