Labour Court Database __________________________________________________________________________________ File Number: CD93169 Case Number: LCR14036 Section / Act: S26(1) Parties: DUBLIN MASTER VICTUALLERS ASSOCIATION - and - SERVICES INDUSTRIAL AND PROFESSIONAL TECHNICAL UNION |
Dispute regarding Clause 3 (Local Bargaining) of the Programme for Economic and Social Progress (PESP).
Recommendation:
The Court having considered the submissions of the parties oral
and written considers that the workers should be paid the 3% in
accordance with the provisions of Clause 3 of the Programme for
Economic and Social Progress with effect from 1st July, 1993.
The Court notes that where the payment of this increase will cause
difficulties the union is prepared to discuss the situation.
The Court so recommends.
Division: MrMcGrath Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD93169 RECOMMENDATION NO. LCR14036
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: DUBLIN MASTER VICTUALLERS ASSOCIATION
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL AND PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute regarding Clause 3 (Local Bargaining) of the
Programme for Economic and Social Progress (PESP).
BACKGROUND:
2. 1. The Dublin Master Victuallers Association is a
registered trade union under the Trade Union Acts and
represents approximately 200 member companies. On the 23rd
March, 1992 the Union submitted a claim for the
implementation of the 3% local bargaining clause as provided
for under the PESP. The second phase of the PESP was applied
in August, 1992 but the Association maintained that due to
the poor performance of the trade in recent years and the
pessimistic outlook for the future it was unable to pay the
3% local bargaining increase.
2. The issue was referred to the Labour Relations
Commission and a conciliation conference was held on the 22nd
February, 1993. At this conference the Union indicated its
willingness to consider the phasing of this 3%, but agreement
could not be reached. The dispute was referred by the Labour
Relations Commission to the Labour Court on 23rd February,
1993 and the Court investigated the matter on the 1st April,
1993.
UNION'S ARGUMENTS:
3. 1. The claim is a valid one within the terms of the PESP.
2. Pay levels would fall behind other skilled wage rates
which apply in the food, drink and tobacco industry.
3. The Union will negotiate with any employer in genuine
difficulty.
ASSOCIATION'S ARGUMENTS:
4. 1. The claim cannot be met because of the decline in the
meat trade.
2. Supermarkets are increasing their market share of the
meat trade.
3. There is an increase in imports of meat and other
convenience foods.
4. Grant-aided export meat plants have a cost advantage
over small butchers when tendering for contracts in
hospitals, schools, etc.
5. There is a decline in meat sales due to changes in
eating habits.
RECOMMENDATION:
The Court having considered the submissions of the parties oral
and written considers that the workers should be paid the 3% in
accordance with the provisions of Clause 3 of the Programme for
Economic and Social Progress with effect from 1st July, 1993.
The Court notes that where the payment of this increase will cause
difficulties the union is prepared to discuss the situation.
The Court so recommends.
~
Signed on behalf of the Labour Court
14th April, 1993 Tom McGrath
P.O.C./M.H. ------------------------------------
Deputy Chairman.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.