Labour Court Database __________________________________________________________________________________ File Number: CD91443 Case Number: LCR13477 Section / Act: S26(1) Parties: WOODIES D.I.Y. LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Rates of pay and conditions of employment.
Recommendation:
The recommendation in this case is too long for the
recommendation field of the Database. It is held in the
Document Field.
Division: MrMcGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD91443 RECOMMENDATION NO. LCR13477
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: WOODIES D.I.Y. LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Rates of pay and conditions of employment.
BACKGROUND:
2. The Company, which is engaged in D.I.Y. retailing, has three
branches in Dublin and one in Cork. The Company employs 130
people of whom 106 are affected by the terms of these
negotiations. In late 1990 the Company and the Union agreed to
hold a series of meetings on the basis of putting a comprehensive
agreement in place covering rates of pay and conditions of
employment (details with Court). A number of draft agreements
were discussed and amended in the period January, 1991 and June,
1991. In areas where agreement could not be reached the Company
made the following proposals:
Clause 1 Scope of Agreement
1.6 That any issues unresolved between the parties in negotiating
this initial agreement would be referred to the Labour Court and
that any subsequent recommendation would be binding on both
parties.
Clause 4 Flexibility
4.4 Such an employee in 4.3 can only activate the grievance
procedure whilst carrying out the instruction. Non compliance
will result in immediate suspension. The Union will subsequently
discuss the issue under stage 4 of the grievance procedure.
Clause 10 Disputes
10.2 Any employee in dispute must comply with Company directives
during the process of resolution in 10.1 and in accordance with
the grievance procedure.
Clause 12 Rates of Pay
Probationary: £102.50
Sales Assistants: £114.20 minimum to £170.35 maximum.
Supervisors: £148.98 minimum to £182.13 maximum.
These rates of pay are inclusive of the first phase of P.E.S.P.
and are based on a 39 hour week.
Clause 14 Performance Appraisal
14.4 Decisions on the pay grading system are the sole
determination of the Company.
Clause 17 Sick Payments
17.2 Over one year's service - 2 weeks
Over five years' service - 4 weeks.
17.3 Payment of sick pay will be at the sole discretion of the
Company. Discretion will take full cognisance of previous time
keeping and attendance.
Clause 18 Transfers
18.1 All employees must agree to transfer to and between branches
as required due to the needs of the business.
Clause 21 Co-operation with Security
21.1 In the interest of security, branch management or security
personnel employed by or on behalf of the Company has complete
authority to search any bag, parcel or object carried by an
employee or search employee's vehicle, property or locker and
request the search of a person on the Company's property. Any
such search will be carried out with discretion and it is not
intended to embarrass the employee. A search shall not imply
suspicion of the employee concerned.
Clause 25 Annual Leave
25.4 All other employees will be at statutory entitlements.
Clause 27 Trading hours
27.1 Will be 8 a.m. to 9 p.m. for six days in any week. Sunday
will be 9 a.m. to 6 p.m.
27.2 The Company reserves the right to adjust current work
rosters as appropriate in order to satisfy market place demands.
Clause 30 Pension and Life Assurance Scheme
30.5 A pension scheme member is covered for life assurance (3
times salary for married members and twice the salary for single
members). Married employees will have life assurance cover upon
joining the service of the Company provided they are 21 years and
under 55 years.
Clause 32 Overtime
32.1 Paid after completion of 8 hours work in any day.
32.2 Overtime is paid at time and one half of appropriate rate or
time off in lieu i.e. 4 hours o/t equate to 6 hours off. Overtime
compensation method will be pre-agreed with management.
32.3 Overtime pay will be paid monthly. Overtime in the last
week of month will be paid at the end of subsequent month.
Clause 36 Duration of Agreement
36.2 Will continue in force for two years unaltered and,
succeeding periods of one year, unless notice seeking
revision/termination is served by either party (only after initial
two years period). Such notice to be of three months duration to
enable discussions to be finalised.
Union's position:
Clause 1 Scope of Agreement
1.6 Non-binding recommendation.
Clause 4 Flexbility
4.4 Union requires that some obligation is placed on management
where significant change is envisaged, that it will be discussed
in advance. Failure to get agreement on this leaves Union with a
preference for the deletion of 4.4.
Clause 10 Disputes
10.2 Union will not leave members open to arbitrary decisions by
management.
Clause 12 Rates of pay
Probationary: £100.00
Sales Assistants: £105.00 minimum to £200.63 maximum.
Supervisors: £150.00 minimum to £243.75 maximum.
These rates of pay do not include the first phase of P.E.S.P. and
are based on a 37.50 hour week.
Clause 14 Performance Appraisal
14.4 Union must reserve the right to challenge any decision on
increments and to develop same through the agreed machinery.
Clause 17 Sick Payments
17.2 Over one year's service - 6 weeks
over five years' service - 13 weeks.
17.3 Company should accept the validity of all medical certs and
only challenge same by reference to the Company Doctor, and if
required, an independent medical referee.
Clause 18 Transfers
18.1 Wholly impractical given the geographical nature of the
branch, i.e., Cork Branch transfer could amount to individual
having to leave the employment. How could an employee living in
Finglas and working in Glasnevin get to work in Sallynoggin or
Walkinstown?
Clause 21 Co-operation with Security
21.1 The Union is concerned with legal implication and possible
abuse by management.
Clause 25 Annual Leave
25.4 All staff should have same holidays in proportion to their
service, and hours worked.
Clause 27 Trading Hours
27.1 Monday, Tuesday, Wednesday, Saturday 8 a.m. to 6 p.m.
Thursday, Friday 8 a.m. to 8 p.m. Sunday 2 p.m. to 6 p.m.
Clause 30 Pension and Life Assurance Scheme
30.5 Union wants all employees married and single with life cover
on joining the Company. Any other arrangement is in breach of the
1977 Act.
Clause 32 Overtime
32.1 Outside of normal working day, time and one half for the
first 4 hours - double time thereafter.
Saturday/Sunday or rest-day - Double time.
Clause 36 Duration of Agreement
36.2 No objections to 2 year period but thereafter subject to 3
months' notice of termination from either side.
As no agreement could be reached at local level the matter was
referred to the Labour Relations Commission. Conciliation
conferences were held on 4th July, 1991 and 16th July, 1991 and as
no agreement could be reached the matter was referred to the
Labour Court on 16th August, 1991 for investigation and
recommendation. The Court hearing took place on 20th September,
1991.
UNION'S ARGUMENTS:
3. 1. It is the Union's intention to establish a registered
agreement on pay and conditions that would become the norm for
the D.I.Y. retail industry and ensure that unionised
employments are not undermined by unscrupulous non union
employers.
COMPANY'S ARGUMENTS:
4. 1. The Union has made no attempt to organise the workforce of
a large non-national operation which entered the D.I.Y. sector
last year where employees have terms and conditions inferior
to the terms and conditions enjoyed by the Company's
employees.
2. These claims if conceded would exacerbate the differential
in terms and conditions which already exist between the
Company and its competitors.
3. In the present economic climate the Union is showing
little regard for the survival of the Company.
4. The Company would welcome the establishment of negotiating
structures for this sector on all terms and conditions of
employment and would participate in deliberations as
appropriate.
*RECOMMENDATION:
5. The Court having considered the views of the parties on the
issues raised in their oral and written submissions makes the
following recommendations:
1. Scope of Agreement (Clause 1.6).
The issues unresolved between the parties should be referred
to the Labour Relations Commission with a view to their
resolution. Any outstanding issues should be referred to the
Labour Court for a recommendation.
2. Flexibility (Clause 4.4).
In respect of flexibility and transferability staff should
co-operate fully with the instructions of management, where
such requests are as a consequence of normal day to day
ongoing change in the business needs of the Company. Where
the change required is a significant change this should be the
subject of discussion in advance with the representatives and
the Union.
3. Grading System (Clause 14.4).
The grading of staff shall be by a decision of management.
The Company/Union Agreement should however include an agreed
appeals mechanism which will provide representatives and the
Union with a procedure to appeal any disputed grading.
4. Sick Payment (Clause 17.2, and 17.3)
(a) The sick payments should be as follows:
Over one year's service 4 weeks
Over 5 years' service 8 weeks.
(b) Payment of sick pay should be at the discretion of the
Company subject to the production of valid medical
certificates and or reference to a Company or an
independent doctor. Attendance or timekeeping are
issues within the control of management and should be
dealt with through such procedures as may be necessary
outside of the sick pay scheme.
5. Transfers (Clause 18.1)
Transfers on a temporary basis to meet the needs of business
should be accepted by the staff. Such transfers should be
effected within realistically defined areas. Permanent
transfers should be effected following negotiation and
agreement, with the union. Management in arranging transfers
should give consideration to the social and economic effects
of the transfer on the staff concerned.
6. Co-operation with security (Clause 21.1)
The Company is entitled to have security arrangements in
place. Both parties should accept these as being designed to
protect the Company and the employees. The procedures should
be exercised through a person nominated by the Company, and
should be clearly on the understanding that such procedures
are being carried out without any implication of misconduct.
The procedures should also allow for any security check to be
carried out in the presence of the worker concerned and if the
employee should so wish in the presence of another employee or
employee representative.
7. Annual Leave (Clause 25.4)
Annual Leave should be applied to all other employees on a pro
rata basis.
8. Trading Hours (Clause 27.1)
Trading should be on a 5/6 days working basis, with Sunday
being worked on an overtime basis.
There should be a 39 hour week. Trading hours should be
8.00 a.m. - 6.00 p.m. Mon, Tue, Wed, Saturday.
8.00 a.m. - 9.00 p.m. Thur, Friday.
9.00 a.m. - 6.00 p.m. Sunday.
9. Pension and Life Assurance Scheme (Clause 30.5)
All employees should be covered for life assurance cover.
10. Overtime (Clause 32.1)
Payment for overtime should be made after completion of the
hours for the normal working day, and should be paid at a rate
of time and a half Monday to Saturday inclusive and double
time for Sunday.
11. Duration of Agreement (Clause 36.2).
The Clause should apply as proposed by the Company.
12. Staff Categories and Rates of Pay.
Part-time and Casual Staff performing the duties of full-time
staff should receive the same rates of pay as full-time staff.
The rates of pay of permanent full-time staff should be no
less than the rates of pay applicable to employees in
supermarkets (sales assistant and supervisors) as contained in
the Joint Industrial Council agreement for that industry.
If in wording the agreement in accordance with the
recommendations above the parties are unable to reach
agreement the Court shall make recommendations in regard to
suitable wording.
RECOMMENDATION:
The recommendation in this case is too long for the
recommendation field of the Database. It is held in the
Document Field.
~
Signed on behalf of the Labour Court
Tom McGrath
_______________________
21st November, 1991. Deputy Chairman
F.B./J.C.