Labour Court Database __________________________________________________________________________________ File Number: CD93299 Case Number: LCR14136 Section / Act: S26(1) Parties: QUINNSWORTH (CAVAN) LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the implementation of a 3% increase under the terms of Clause 3 of the Programme for Economic and Social Progress (P.E.S.P.).
Recommendation:
5. The Court is of the view that the proposals from the Company
as set out in its letter of the 28th October, 1992 form a fair
basis for settlement of this dispute.
The Court accordingly recommends its acceptance of those proposals
subject to the following amendments:
(a) Monday-Tuesday - trading until 6.30 p.m.
On the basis that the Union at the request of the Company has
already agreed the implementation of early start on Saturdays, the
Court in these exceptional circumstances recommends that the 3%
payable under Clause 3 of P.E.S.P. be applied from the date of the
Labour Court hearing, i.e., 29/6/93:
(b) Concerning the claim for a wage adjustment, the Court
recommends an adjustment to the top point of the pay
scales as follows:
#3 with effect from 1/6/93
#2 " " " 1/1/94.
Division: Ms Owens Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD93299 RECOMMENDATION NO. LCR14136
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: QUINNSWORTH (CAVAN) LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the implementation of a 3% increase under
the terms of Clause 3 of the Programme for Economic and Social
Progress (P.E.S.P.).
BACKGROUND:
2. 1. The Company employs 79 workers at its supermarket in Cavan
comprising full and part-time staff. The second phase of the
P.E.S.P. was paid on 1st September, 1992. In August, 1992,
the Union submitted a claim for the payment of the 3% increase
under the terms of Clause 3 of the P.E.S.P. The Union also
sought separately a wage adjustment to bring its rates in line
with comparator stores. This issue had been raised previously
and was the subject of a conciliation conference in April,
1992.
2. The Company put forward the following proposals for the
concession of the 3% increase.
1. The introduction of flexible full-time staff.
2. The option to trade until:
- 8.30 p.m. on Wednesday
- early opening (9.00 a.m.) on Saturday
- to extend Sunday off-licence trading hours to
10 p.m. (overtime to apply as follows:
regular rostered T+1/3, irregular rostered
2T).
Separately the Company offered to pay an additional #5 (#3 on
1/6/93 and #2 on 1/6/94) to bring the Cavan branch into line
with comparator branches.
3. The proposals were rejected by the workers and following
further local negotiations, the claim was referred to the
Labour Relations Commission. A conciliation conference took
place on 11th January, 1993. The Union argued that the
workers were opposed to late night trading in principle and to
Monday nights in particular. In addition, it sought treble
time for Sunday off-licence trading to take account of the
late hours required. The Company argued that its approach was
consistent with that adopted in other branches. It also
stressed that the concessions which it was seeking in relation
to late openings were options only and might not be exercised
fully. There was further disagreement on the date of
implementation which the Union sought from 1st September,
1992. The Company would only pay from date of agreement.
4. No resolution was possible and the claim was referred to
the Labour Court under Section 26(1) of the Industrial
Relations Act, 1990 on the 6th May, 1993. A Labour Court
investigation took place in Cavan on 29th June, 1993.
UNION'S ARGUMENTS:
3. 1. The Company's proposals have been rejected by the workers
because of the proposed extension to trading hours and the
lack of reasonable compensation for Sunday working. The
workers have low overall rates of pay and this will not be
assisted much by the special #5 adjustment payment. The 3%
increase is required to bring the workers into line with
similar stores. The workers have over the years given
considerable productivity benefits to the Company.
2. There is no benefit to the Company in trading late on
Monday, Tuesday or Wednesday. At this stage the Thursday
trading is barely justified on turnover. The Union would
accept trading from 10.00 a.m. to 6.00 p.m. in the off licence
on Sundays provided rostered staff are paid treble time. This
is the appropriate rate for Sunday work. The early start on
Saturday has already been implemented. The Union is seeking
the implementation of the 3% increase with effect from 1st
September, 1992.
COMPANY'S ARGUMENTS:
4. 1. The Company has made several major investments in the
Cavan store and has yet to receive an adequate return on its
investment. The Company's proposals are in line with those of
other Company stores where it has negotiated the Clause 3
increases. At present the Company's rates are approximately
#6 per week ahead of its multiple competitor in the town.
2. It is unreasonable for the Union simply to claim the 3%
increase without providing the minimum concessions sought.
The Union's claim is contrary to the cost stabilisation
clauses of the P.E.S.P. The Company is seeking for its
proposals to be accepted and for the Court to recommend
concession of the 3% increase from the date of Agreement.
The Company will also pay a #5 phased adjustment in pay scales
to bring the branch into line with comparator branches.
RECOMMENDATION:
5. The Court is of the view that the proposals from the Company
as set out in its letter of the 28th October, 1992 form a fair
basis for settlement of this dispute.
The Court accordingly recommends its acceptance of those proposals
subject to the following amendments:
(a) Monday-Tuesday - trading until 6.30 p.m.
On the basis that the Union at the request of the Company has
already agreed the implementation of early start on Saturdays, the
Court in these exceptional circumstances recommends that the 3%
payable under Clause 3 of P.E.S.P. be applied from the date of the
Labour Court hearing, i.e., 29/6/93:
(b) Concerning the claim for a wage adjustment, the Court
recommends an adjustment to the top point of the pay
scales as follows:
#3 with effect from 1/6/93
#2 " " " 1/1/94.
~
Signed on behalf of the Labour Court
Evelyn Owens
_______________________
15th July, 1993. Deputy Chairman.
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.