Labour Court Database __________________________________________________________________________________ File Number: CD93121 Case Number: LCR14017 Section / Act: S26(1) Parties: EASONS AND SON LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;THE IRISH PRINT UNION |
Implementation of Clause 3 of P.E.S.P.
Recommendation:
5. The Court has considered all of the views expressed by the
parties in their oral and written submissions and recommends as
follows:-
(1) V.D.U. Grade Payment
That the grade payment in the present circumstances should be
discontinued. However the Court notes that an agreed
arrangement has not been possible and further that there are
other employees not included in these negotiations also
affected by this issue.
Accordingly the Court considers that the Union should
negotiate acceptable terms for the discontinuance of this
payment. The parties should bear in mind the other staff
referred to above in their negotiations.
These negotiations should be completed as soon as possible.
In the event that agreement cannot be reached in the matter
the Court will be prepared to make a Recommendation.
(2) Changes in Technology
That the ongoing changes in technology and business practice
as defined by the Company at the conciliation conference be
accepted.
(3) Christmas Trading Hours
That the arrangements in regard to Christmas trading hours as
applied for Christmas 1992 be accepted on an ongoing basis.
In this context the Court notes that in the event of later
closing times being required there will be local discussions.
(4) 3% Payment
Subject to acceptance of the above recommendation that the 3%
be paid with effect from the 2nd of October, 1992.
Division: MrMcGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD93121 RECOMMENDATION NO. LCR14017
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: EASONS AND SON LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
THE IRISH PRINT UNION
SUBJECT:
1. Implementation of Clause 3 of P.E.S.P.
BACKGROUND:
2. The Company is engaged in the wholesaling and retailing of
newspapers, magazines, books, stationery and greeting cards.
On the 14th of August, 1992, the Union lodged a claim with the
Company for the implementation of the 3% pay-increase under Clause
3 of the P.E.S.P., from the 1st September, 1992. The claim is on
behalf of approximately 280 workers in the retail and accounts
sections of the Company. In return for the 3% pay-increase, the
Company sought concessions from the Union on a range of issues.
Following local discussions, and conciliation conferences at the
Labour Relations Commission (2/10/92) the Company's final position
was that it would implement the 3% pay-increase subject to the
following:
(1) The discontinuation of the V.D.U.-grade payment (#8.73
p.w.) with a two-year buy-out (17 workers).
(2) The acceptance by the Union of on-going technological
and business practice changes (defined at conciliation).
These changes include :
(i) use of scanners in stocktaking and at point of
sales
(ii) use of computer in the ordering of goods
(iii) provision of currency exchange system for
customers.
(3) An on-going agreement regarding Christmas trading
arrangements. (This issue was resolved for 1992, but
has not been agreed for other years).
The Union has rejected the Company's proposals and the dispute was
referred to the Labour Court by the Labour Relations Commission
on the 17th February, 1993, in accordance with Section 26(1) of
the Industrial Relations Act, 1990. The Court investigated the
dispute on the 5th March, 1993.
UNION'S ARGUMENTS:
3. 1. The abolition of the V.D.U-grade payment is unacceptable
to the workers. The removal of the payment would reduce
workers' earnings by approximately 6%. The payment has been
in operation for 12-13 years and is the only means by which
the workers can make extra earnings.
2. Co-operation on the introduction of on-going technological
and business practice changes would improve the efficiency and
competitiveness of the Company. The proposed alterations
would merit an increase in excess of 3%, as there is a major
element of productivity involved.
3. The Christmas-trading arrangements, agreed for 1992, would
be acceptable to the Union for future years, if the P.E.S.P.
3% increase was conceded by the Company.
4. The Company is an exceptional Company and the staff, who
are very hard-working, deserve the P.E.S.P. 3% increase.
Workers with other similar companies have been asked to
concede far less, in order to receive the 3% increase.
COMPANY'S ARGUMENTS:
4. 1. The V.D.U-grade payment was introduced with the advent of
V.D.Us. It is no longer necessary that payment be made for
using what has now become standard workplace equipment. The
buy-out of the grade would result in a lump-sum payment of
#908 for the workers concerned. The reduction in weekly pay
would be immediately recouped by implementation of the Clause
3 of P.E.S.P., i.e. a 3% pay increase.
2. The new technological and business practices being
introduced are already in operation in most large Irish retail
firms.
3. The Company is contractually obliged to operate specific
Christmas trading-hours in shopping-centres. The 1992
Christmas-trading arrangements must be applied on an ongoing
basis in order for the Company to comply with these
requirements. In other locations, closing-time will be no
later than in equivalent competitor shops.
4. Workers' rates of pay are on a par with competitors.
Currency fluctuations have led to a decrease of up to 12% in
prices across the Company's product range. It will therefore
be very difficult for the Company to cope with the cost of the
P.E.S.P. 3% pay-increase.
RECOMMENDATION:
5. The Court has considered all of the views expressed by the
parties in their oral and written submissions and recommends as
follows:-
(1) V.D.U. Grade Payment
That the grade payment in the present circumstances should be
discontinued. However the Court notes that an agreed
arrangement has not been possible and further that there are
other employees not included in these negotiations also
affected by this issue.
Accordingly the Court considers that the Union should
negotiate acceptable terms for the discontinuance of this
payment. The parties should bear in mind the other staff
referred to above in their negotiations.
These negotiations should be completed as soon as possible.
In the event that agreement cannot be reached in the matter
the Court will be prepared to make a Recommendation.
(2) Changes in Technology
That the ongoing changes in technology and business practice
as defined by the Company at the conciliation conference be
accepted.
(3) Christmas Trading Hours
That the arrangements in regard to Christmas trading hours as
applied for Christmas 1992 be accepted on an ongoing basis.
In this context the Court notes that in the event of later
closing times being required there will be local discussions.
(4) 3% Payment
Subject to acceptance of the above recommendation that the 3%
be paid with effect from the 2nd of October, 1992.
~
Signed on behalf of the Labour Court
Tom McGrath
______________________
26th March, 1993 Deputy Chairman.
M.K./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.