Labour Court Database __________________________________________________________________________________ File Number: CD92447 Case Number: LCR13941 Section / Act: S26(1) Parties: JOINT INDUSTRIAL COUNCIL FOR THE GROCERY AND - and - THE IRISH NATIONAL UNION OF VINTNERS', GROCERS' AND ALLIED;TRADES' ASSISTANTS |
A dispute concerning the following issues:- (a) Appropriate rate of pay for Systems Checkers/Price Controllers. (b) Sick pay for part-time workers (Casuals). (c) Payment of all rostered overtime earnings in holiday pay.
Recommendation:
The Court having considered the submissions of the parties finds:
1. Rate of Pay of Systems Checkers.
There are no grounds to concede the claim of the union.
2. Introduction of Sick Pay for Part-Time Workers
(Casuals).
The introduction of a sick pay scheme for this category of
worker would be inappropriate at this time.
3. Calculation of Holiday Pay.
This issue should be the subject of further discussions
between the parties.
The Court so recommends.
Division: MrMcGrath Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD92447 RECOMMENDATION NO. LCR13941
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: JOINT INDUSTRIAL COUNCIL FOR THE GROCERY AND
ALLIED TRADES
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
THE IRISH NATIONAL UNION OF VINTNERS', GROCERS' AND ALLIED
TRADES' ASSISTANTS
SUBJECT:
1. A dispute concerning the following issues:-
(a) Appropriate rate of pay for Systems Checkers/Price
Controllers.
(b) Sick pay for part-time workers (Casuals).
(c) Payment of all rostered overtime earnings in holiday
pay.
BACKGROUND:
2. 1. The Joint Industrial Council for the Grocery and Allied
Trades at its meetings on the 14th April, 1992 and the 20th
May, 1992, discussed six issues. The Council was unable to
reach agreement on three and the Union, as provided by
Section 12 of the Council's Constitution, wished these issues
referred to the Labour Court.
2. The Labour Relations Commission, at the request of the
Joint Industrial Council, referred the issues to the Labour
Court on the 23rd July, 1992. The Court investigated the
matter on the 28th January, 1993.
(A) Appropriate rate of pay for Systems Checkers/Price Controllers
UNION'S ARGUMENTS
3. 1. This grade has evolved over the last number of years
with the technological advances in supermarkets. It now
commands a pivotal link between the shop floor information
systems and the head office data bank.
2. Systems Checkers are responsible for the full operation
of information technology at each individual location, and
the training and supervision of a number 2 System Checker and
other Chargehands in the system.
3. Systems Checkers should be deemed a "post of
responsibility" and attract the differential of 7.5% over the
top Sales Assistants' rate.
EMPLOYERS' ARGUMENTS:
4. 1. The claim is in excess of the terms of the Programme for
Economic and Social Progress (PESP).
2. The responsibilities associated with the post have not
altered. The post holder was always responsible for ensuring
items were correctly priced.
3. Concession of this claim would have repercussive and
divisive effects among other workers.
4. The pay rates and conditions covered by the Retail
Grocery and Allied Trades Joint Labour Committee are less
than those applied by the companies in question.
5. The definition of "posts of responsibility" as contained
in the Grocery Joint Labour Committee Employment Regulation
Order does not apply to this category of worker.
(B) Sick pay for part-time workers (Casuals)
UNION'S ARGUMENTS:
5. 1. Clause 4 of PESP entitles unions to negotiate for the
introduction of sick pay schemes.
2. All other groups within the sector are covered by sick
pay agreements.
3. The reasons for not having a sick pay scheme for this
grade are no longer valid. In the past the grade tended to
comprise school children working late nights and Saturdays
for pocket money, but this is no longer the case.
4. The grade of part-time ancillary worker is now seen as a
starting point to a career in the Grocery sector, and for an
increasing number of workers it is their only income.
5. The hours worked vary between 18 and 39 hours plus per
week, and many work permanent hours of 30 or 39 hours per
week.
EMPLOYERS' ARGUMENTS:
6. 1. It is not appropriate to seek the introduction of a sick
pay scheme for casual staff.
2. Pro-Rata Part-Time Sales Assistants avail themselves of
a sick pay scheme but this should not extend to casual staff.
3. The industry has borne additional costs on foot of the
recent part-time legislation, particularly in the area of
annual leave and public holidays.
4. Casual staff comprise, in the main, school going
students whose duties typically involve packing customers
bags, trolley duties, cleaning duties etc. A sick pay scheme
for this transient population is not appropriate.
(c) Payment of all rostered overtime earnings in holiday pay
UNION'S ARGUMENTS:
7. 1. Working patterns in the retail sector are changing with
longer opening hours and requirements by management to have
shops ready for business at opening time.
2. Many workers are required, as part of their roster, to
start work prior to normal trading hours, i.e. at 9.00 a.m.
These hours are not reflected in holiday pay.
EMPLOYERS' ARGUMENTS:
8. 1. The 1986 agreement with the Union stipulates that late
nights be included in holiday pay and covers this item
adequately.
RECOMMENDATION:
The Court having considered the submissions of the parties finds:
1. Rate of Pay of Systems Checkers.
There are no grounds to concede the claim of the union.
2. Introduction of Sick Pay for Part-Time Workers
(Casuals).
The introduction of a sick pay scheme for this category of
worker would be inappropriate at this time.
3. Calculation of Holiday Pay.
This issue should be the subject of further discussions
between the parties.
The Court so recommends.
~
Signed on behalf of the Labour Court
17th February, 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.