Labour Court Database __________________________________________________________________________________ File Number: CD92433 Case Number: LCR13783 Section / Act: S26(1) Parties: ROCHES STORES - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
The right to negotiate nationally.
Recommendation:
5. The Court accepts that for a variety of reasons certain
matters of an Industrial Relations nature are and will continue to
be, more suitable for negotiation and agreement at local and
individual store level. Nevertheless the Court sees merit and
logic in the Union's position in seeking centralised negotiations
on some general principles of industrial relations policy
throughout the group. It appears to the Court that the correct
way to approach this matter is for the parties to agree what items
are more relevant to local or central discussions.
The Court accordingly recommends that the parties enter into
immediate discussions with a view to drawing up an agreement for
the future processing of industrial relations matters taking into
account the Court's view as expressed above.
Division: Ms Owens Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD92433 RECOMMENDATION NO. LCR13783
INDUSTRIAL RELATIONS ACT, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: ROCHES STORES
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
AND
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. The right to negotiate nationally.
BACKGROUND:
2. Roches Stores is a group of department stores with nine
outlets nationally, in Cork(2), Dublin(5), Galway(1) and
Limerick(1). The group employs staff numbers ranging from twenty
in Limerick and Nutgrove to 600 and 650 in Henry St., Dublin and
Cork respectively. Each store has its own management team headed
by a General Manager. The General Manager has responsibility for
the total operation of the store including Industrial Relations
and all staff matters. Negotiations between Roches Stores and the
staff's representatives take place on a store-by-store basis.
In January, 1991 the Union requested central negotiation on the
following range of issues:
(i) Merchandising code of practice,
(ii) Pension Scheme,
(iii) Staff discount,
(iv) Paternity and adoptive leave,
(v) V.D.U. Operators' rate,
(vi) Equal opportunity,
(vii) Bonus Scheme,
(viii) Career Breaks,
(ix) Creche facilities,
(x) Uniforms,
(xi) Compassionate leave.
The Company refused to enter into central negotiations on the
grounds that existing local arrangements for negotiations were
satisfactory.
The dispute was referred to the Labour Relations Commission on the
14th of June 1991 and a conciliation conference was held on the
30th January, 1992 at which agreement was not reached. The
dispute was referred to the Labour Court on the 23rd of July 1992
in accordance with Section 26(1) of the Industrial Relations Act,
1990. The Court investigated the dispute on the 21st of
September, 1992. ( The earliest date that was convenient to both
parties).
UNIONS' ARGUMENTS:
3. 1. The issues raised for central negotiations are common to
all stores and the resolution of these matters through debate
at national level would not infringe on issues such as pay,
trading hours and Christmas arrangements which would still be
discussed at local level.
2. The current system of store-by-store negotiations is
inefficient, time-consuming and repetitive, especially in
view of the fact that the Group Personnel Manager oversees
all local negotiations.
3. Agreements reached locally between the Union and the
Company might be imposed nationally by the Company, even
though circumstances concerning the issues in question may
differ from store to store.
COMPANY'S ARGUMENT:
4. 1. Roches Stores is a group of individual stores, not a
chain-store operation. There is no justification for
unifying conditions of employment in all stores (a result of
central negotiations) as market conditions are quite
different from one location to another.
2. The practice within the Company is that matters are
dealt with on an 'In-House' basis involving management, staff
and staff representatives. Roches Stores operates an
'open-door' policy which encourages staff in each store to
deal with and resolve any problems that may arise in that
store.
3. Store-by-store negotiations provide an assurance of
local support for agreements reached whereas national
negotiations could lead to difficulties at local stores.
RECOMMENDATION:
5. The Court accepts that for a variety of reasons certain
matters of an Industrial Relations nature are and will continue to
be, more suitable for negotiation and agreement at local and
individual store level. Nevertheless the Court sees merit and
logic in the Union's position in seeking centralised negotiations
on some general principles of industrial relations policy
throughout the group. It appears to the Court that the correct
way to approach this matter is for the parties to agree what items
are more relevant to local or central discussions.
The Court accordingly recommends that the parties enter into
immediate discussions with a view to drawing up an agreement for
the future processing of industrial relations matters taking into
account the Court's view as expressed above.
~
Signed on behalf of the Labour Court
Evelyn Owens
7th October, 1992 _____________________________
M.K./M.H. Deputy Chairperson