Labour Court Database __________________________________________________________________________________ File Number: CD91639 Case Number: LCR13635 Section / Act: S26(1) Parties: SAXONE LIMITED - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Dispute concerning rates of pay payable to the Company's workers who are employed in at the Company's concession in Switzers.
Recommendation:
7. The Court has fully examined the issues raised by the parties
in their oral and written submissions.
The Court finds the rates of pay which have applied and
consequently apply in respect of Saxone staff employed in Switzers
are the rates applicable under the registered agreement for the
Dublin Dun Laoghaire Drapery Footwear and Allied Trades.
The Court does not find grounds for increasing these rates for
current employees of Saxone.
The Court so recommends.
Division: MrMcGrath Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91639 RECOMMENDATION NO. LCR13635
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACTS, 1990
PARTIES: SAXONE LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Dispute concerning rates of pay payable to the Company's
workers who are employed in at the Company's concession in
Switzers.
BACKGROUND:
2. The Company employs 305 staff in 28 stores throughout the
country. In Dublin the Company employs 194 staff in 12 stores.
The Registered Employment Agreement (Dublin and Dun Laoghaire
Footwear, Drapery and Allied Trades) (R.E.A.) applies to the
Company's Dublin staff, while local agreemnts apply to its workers
who are not covered the R.E.A.
3. The Company has a shop under license or concession at Switzers
in Grafton Street since 1974. It employs five full-time and five
part-time employees there.
4. In 1987, the Union on behalf of Switzer workers negotiated pay
and conditions which are better than the provisions of the R.E.A.
The Union subsequently sought to have the improved Switzer rates
of pay paid to the Saxone staff. Other Switzer "concession"
employees, are paid the improved rates. The Company rejected the
claim because it was not party to the negotiations which produced
the Switzer rate and because the R.E.A. applies to all its Dublin
based employees. The claim was the subject of a conciliation
conference in 1989. The claim was not actively pursued until 28th
June, 1991 when it was referred to the Labour Relations
Commission. A conciliation conference was held on 15th October,
1991. As no agreement was reached the Commission, with the
consent of the parties, referred the claim to the Labour Court for
investigation and recommendation. A Court hearing was held on 6th
January, 1992.
UNION'S ARGUMENTS:
5. 1. It is custom and practice that staff who work in
"concessions" in department stores in Dublin City centre,
receive the same pay and conditions as those negotiated
between the store and the Union.
2. The Company is the only 'concession' company in Switzers
which did not implement the "Switzer" rate. All other
concession companies automatically implemented the Switzer
rate, including a sister company of Saxone.
3. This is not a pay claim. It is a dispute over the
Company's failure to implement rates freely negotiated under
normal industrial relations procedures.
4. When Brown Thomas took over the Switzer group, it was
agreed that the R.E.A. would apply to new staff. This
agreement is effective from July, 1991. Consequently the
Union's claim is in respect of the Company's staff in
employment before that date.
COMPANY'S ARGUMENTS:
6. 1. The Company was not a party to the negotiations which
resulted in the higher rate being introduced.
2. To introduce a new rate for this particular group would
lead to problems in the future regarding inter-changeability/
flexibility.
3. The rates and conditions which apply in the Company were
negotiated and agreed with the Union.
4. It has been stipulated in agreements between Switzers and
some concession operations that the Switzers rate should
apply. No such agreement was entered into by this Company nor
was any such understanding or commitment sought by Switzers.
5. The claim is contrary to the terms of the Programme for
Economic and Social Progress.
RECOMMENDATION:
7. The Court has fully examined the issues raised by the parties
in their oral and written submissions.
The Court finds the rates of pay which have applied and
consequently apply in respect of Saxone staff employed in Switzers
are the rates applicable under the registered agreement for the
Dublin Dun Laoghaire Drapery Footwear and Allied Trades.
The Court does not find grounds for increasing these rates for
current employees of Saxone.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
______________________
28th April, 1992. Deputy Chairman
B.O'N./J.C.