Labour Court Database __________________________________________________________________________________ File Number: CD91473 Case Number: LCR13481 Section / Act: S26(1) Parties: PRESENTATION CONVENT TUAM - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Dispute concerning the implementation of the local distributive trade rates in the altar bread room.
Recommendation:
5 Having regard to the fact that the rates for the Altar Bread
Room were negotiated in 1988, that P.N.R. and P.E.S.P. awards
have been applied since then and taking account of the
commercial and financial circumstances of the business, and
the hours worked, the Court does not find grounds to recommend
concession of the Union claim.
Division: CHAIRMAN Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD91473 RECOMMENDATION NO. LCR13481
THE LABOUR COURT
INDUSTRIAL RELATIONS ACT, 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: PRESENTATION CONVENT TUAM
(Represented by the Federation of Irish Employers)
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Dispute concerning the implementation of the local
distributive trade rates in the altar bread room.
BACKGROUND:
2. The dispute concerns 8 workers who are employed in the Altar
Bread Room of the Convent. The workers were unionised in 1988 and
agreement was reached on the phased implementation of new pay
rates. The Programme for National Recovery (PNR) ended for the
workers on 3rd April, 1990. Agreement has been reached on the
implementation of the Programme for Economic and Social Progress
(PESP) with effect from 3rd April, 1991.
2. On 15th March, 1991, the Union, at a meeting, made a claim for
the implementation of the local distributive trade rates (the
differences in the rates range from £6.34-£39.10). The Convent
did not make an offer and the dispute was referred to the
conciliation service of the Labour Relations Commission. A
conciliation conference was held on 27th July, 1991, but no
progress was made in the resolution of the dispute. The dispute
was referred to the Labour Court for investigation and
recommendation on 5th September, 1991. A Labour Court
investigation took place in Galway on 16th October, 1991 (the
earliest date suitable to both parties).
UNION ARGUMENTS:
3. 1. The workers became members of the Union in 1988. After
negotiations with the Convent, a new work rate was agreed.
The workers viewed the agreement as a first step towards the
implementation of the local distributive trade rates. The
workers attempted to seek a further adjustment in September,
1990 but the Convent refused to meet them. A meeting was
eventually agreed to and the claim was put to the Convent on
15th March, 1991. The Convent would not make any offer on the
claim.
3. 2. The distributive trade rates apply to many small
business in Tuam. The PESP was intended to provide cost of
living increases on rates of pay that were agreed and accepted
as being adequate. During the negotiations which led to the
PESP, it was accepted that the Labour Court would not be
precluded from making a recommendation for an increase in
excess of the basic terms, in cases where the basic rates are
inadequate. This is clearly the case in this instance.
CONVENT ARGUMENTS:
4. 1. The Convent is a non profit making business. As it is a
manufacturing business, the implementation of the local
distributive trade rates is clearly inappropriate. The
workers in any case are employed for 37½ and not 39 hours per
week. The Convent cannot afford to pay the difference in
rates, even over a phased basis.
2. It is not the Convent's understanding that the rates
agreed in 1988 were a starting point to the eventual
concession of the local distributive trade rates. The first
phase of the PESP has been implemented and this further claim
must be seen in the light of the fact that the workers are not
newly unionised, having negotiated the implementation of the
PNR with the Convent in April, 1988. The rate which applies
in the Altar bread room was not imposed unilaterally by the
Convent.
RECOMMENDATION:
5 Having regard to the fact that the rates for the Altar Bread
Room were negotiated in 1988, that P.N.R. and P.E.S.P. awards
have been applied since then and taking account of the
commercial and financial circumstances of the business, and
the hours worked, the Court does not find grounds to recommend
concession of the Union claim.
~
Signed on behalf of the Labour Court
20th November, 1991 Kevin Heffernan
J.F./U.S ---------------
Chairman