Labour Court Database __________________________________________________________________________________ File Number: CD92525 Case Number: LCR13792 Section / Act: S26(1) Parties: TJC LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Re-hearing arising from L.C.R. No. 13662.
Recommendation:
5. The Court has fully considered all of the views expressed by
the parties and makes the following recommendations.
1. Sunday Working - Where Sunday working is being worked on an
overtime basis payment for such overtime should be at double
time (2T). Where Sunday working forms part of the normal
working week (i.e. 39 hour and 7 day cover) payment should be
made at time plus 33 1/3% (T+1/3).
2. Annual Leave - The Court considers an additional one day's
leave should be granted, (total 21 days); the granting of this
day to be at the discretion of Management.
3. Sick Pay - No payment to be made in respect of first 3 days
absence. Four weeks' pay to be made less Social Welfare
payments after 1 year's service, 8 week's pay to be made less
Social Welfare payments after 5 years' service.
4. Rates of Pay - The Dublin Grocery J.I.C. rates to apply to all
the following hourly paid staff.
1. Sales Assistants
2. Warehouse Personnel
A probationary rate of #2.63 to apply for the first 6 months,
with the first year rate applying for the balance of the year.
Thereafter, the pay scale to apply.
The rate of pay of the van driver to be #180 per week and the
lorry driver #200 per week.
5. Tea Breaks - The Court recognises the inherent difficulties in
formally arranging for breaks of this nature.
The Court would suggest that the Management and the staff seek
through goodwill and co-operation to make informal
arrangements which will enable staff to partake of
comfort/refreshment breaks during their tour of duty.
6. Procedural Agreement - The Procedural Agreement as proposed by
the Company should be accepted (copy attached as Appendix 1).
Division: MrMcGrath Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD92525 RECOMMENDATION NO. LCR13792
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: TJC LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Re-hearing arising from L.C.R. No. 13662.
BACKGROUND:
2. In May, 1992 the Labour Court issued Recommendation L.C.R. No.
13662 which recommended that the parties enter into discussions on
terms and conditions of employment in respect of the workers here
concerned and refer back to the Court for recommendation any issue
of disagreement. Discussions took place on 15th June, 1992,
following which the Company made the following proposals:
1. "Rates of pay
The Company will apply the Dublin Grocery J.I.C. rate for
all hourly paid staff (i.e. sales assistants, warehouse
personnel and van drivers).
A probationary rate of #2.63 will apply for the first 6
months, with the first year rate to apply for the balance
of the year. Thereafter, the scale to apply normally.
2. Sunday working
When Sunday is worked as overtime, double time will
apply. When it is worked as part of normal roster a rate
of time and one third will apply as per Grocery J.L.C.
(The Company will ensure a fair and reasonable allocation
of Sunday/weekend working.
3. Annual leave
Entitlement will be 20 days and will apply in accordance
with the Holiday (Employees) Act, 1973.
4. Probationary period
The probationary period for all staff will be 6 months.
5. Sick pay scheme
The Company indicated its willingness to discuss the
introduction of a sick pay scheme, subject to the
following:
(i) No payment for the first 3 days
(ii) One-year service qualification
(iii) Review based on experience and effect on
absenteeism.
The waiting period was unacceptable to the Union and
accordingly the proposal was withdrawn. We re-affirm our
willingness to enter into discussion based on the above
proposal.
6. Tea breaks
Staff will not be expected to work in excess of 4 hours
without having received a tea break of 15 minutes
duration.
7. Procedural agreement
The Company will introduce deduction of union dues at
source for any member of the hourly-paid staff (i.e.
sales assistants, warehouse, van drivers) upon receipt of
appropriate authorisation.
The Company wishes to provide a fair and equitable system
to deal with the employees' grievances as speedily as
possible. Accordingly, it requires that all grievances
will be dealt with as follows:
Stage 1: Should an employee have a grievance or wish to
raise with management any matter directly
covered with their employment this should first
be raised with their immediate supervisor/shop
manager.
Stage 2: Failing resolution of the problem at Stage 1,
the matter should be referred to a formal
meeting between the union/shop steward and
senior management. This meeting should take
place within a reasonable time of the matter
being referred.
Stage 3: Should the matter still remain unresolved, it
will be referred to the Labour Relations
Commission for a Conciliation Conference or
Rights Commissioner hearing as appropriate.
Stage 4: If the matter is not resolved after the
intervention of the above mentioned, the issue
will be referred to the Labour Court for
recommendation.
No form of industrial action will be taken by either side
until a recommendation has been issued and then not until
fourteen days' notice of such action has been given, in
writing".
The Union rejected the proposals and referred the following
back to the Court for recommendation.
(1) Sunday working
(2) Annual leave
(3) Sick pay
(4) Rates of pay
(5) Tea breaks
(6) Procedural agreement.
The Court hearing took place on 14th September, 1992.
UNION'S ARGUMENTS:
3. 1. Sunday working
Sunday in all cases should be treated as overtime and payment
made at double time or time off in lieu (the choice to be made
by the employee).
Annual leave
The J.I.C. provides for 20 days plus 27th December, and Good
Friday. Because of the nature of the business the Union are
not arguing that 27th December and Good Friday should be
non-working days. Holidays calculation should be based on 22
days per year and pro rata for all part-time workers.
Sick leave
Payment of first 3 days is vital. Without payment for the
first 3 days workers are forced to report for work although
medically unfit to do so. The following should apply:
5 days uncertified paid leave per annum
Certified - 4 weeks' pay after 1 year's service less social
welfare payment
8 weeks' pay after 5 years' service less social welfare
payments.
Rates of pay
Grocery J.I.C. rates of pay to be applied to all workers
except workers employed in the Central Warehouse. Rates of
pay as follows:
Year Per Hour Per Week
1 #2.95 #114.18
2 #3.19 #124.98
3 #3.59 #140.12
4 #3.94 #153.76
5 #4.18 #163.03
6 #4.66 #181.76
Chargehand #4.76 #185.08
Above rates inclusive of 1st phase of P.E.S.P. based on 5/6
day 39 hour week.
Warehouse staff
Year Per week
1 119.11
2 132.83
3 151.66
4 165.47
5 183.99
Van Driver #193.43 per week
Lorry Driver #210.81 per week
Above rates inclusive of 1st phase of P.E.S.P. and based on
5/6 days Mon-Sat 39 hour week.
The rates of pay for drivers as offered by the Company are
considerably less than rates of pay paid to drivers in
industry generally.
Tea breaks
Tea breaks were discontinued when shift was reduced from 4.50
hours to 4 hours. Tea breaks should be reintroduced. Most of
the time workers are busy and a tea break would be beneficial.
Procedural agreement
No form of industrial action will be taken by either side
(i.e. the status quo will be maintained). The Union has never
signed an agreement without the status quo being maintained.
COMPANY'S ARGUMENTS:
4. Sunday working
1. Sunday trading is no different from week-day trading, it
generates no extra profit to the Company.
2. Annual leave
The proposal of twenty days is in line with norms in
employment generally. There are no grounds for further
adjustment.
3. Sick pay
A waiting period of three days is a normal feature of sick pay
schemes, as is a service qualification.
4. Rates of pay
Agreement has been reached for a wage-scale for shop
assistants. The Company has proposed that the same scale
apply to all hourly paid staff, i.e. warehouse operatives and
drivers. The Company has been offered driving services at
rates that are less than the Company are paying at present.
Any further increases in transport costs will call into
question the wisdom of the Company in maintaining its own
transport.
5. Tea breaks
Because of the nature of the work there is difficulty for the
Company replacing workers for short periods because of their
responsibility for cash.
6. Procedural agreement
Status quo is not a feature of the procedural agreement. It
is an accepted part of industrial relations that workers work
under protest while procedures are carried through.
RECOMMENDATION:
5. The Court has fully considered all of the views expressed by
the parties and makes the following recommendations.
1. Sunday Working - Where Sunday working is being worked on an
overtime basis payment for such overtime should be at double
time (2T). Where Sunday working forms part of the normal
working week (i.e. 39 hour and 7 day cover) payment should be
made at time plus 33 1/3% (T+1/3).
2. Annual Leave - The Court considers an additional one day's
leave should be granted, (total 21 days); the granting of this
day to be at the discretion of Management.
3. Sick Pay - No payment to be made in respect of first 3 days
absence. Four weeks' pay to be made less Social Welfare
payments after 1 year's service, 8 week's pay to be made less
Social Welfare payments after 5 years' service.
4. Rates of Pay - The Dublin Grocery J.I.C. rates to apply to all
the following hourly paid staff.
1. Sales Assistants
2. Warehouse Personnel
A probationary rate of #2.63 to apply for the first 6 months,
with the first year rate applying for the balance of the year.
Thereafter, the pay scale to apply.
The rate of pay of the van driver to be #180 per week and the
lorry driver #200 per week.
5. Tea Breaks - The Court recognises the inherent difficulties in
formally arranging for breaks of this nature.
The Court would suggest that the Management and the staff seek
through goodwill and co-operation to make informal
arrangements which will enable staff to partake of
comfort/refreshment breaks during their tour of duty.
6. Procedural Agreement - The Procedural Agreement as proposed by
the Company should be accepted (copy attached as Appendix 1).
~
Signed on behalf of the Labour Court
Tom McGrath
___________________
15th October, 1992. Deputy Chairman
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.