Labour Court Database __________________________________________________________________________________ File Number: CD9322 Case Number: LCR14020 Section / Act: S26(1) Parties: TYNA KNITWEAR - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for one additional day's annual leave.
Recommendation:
5. The Court accepts that the Union is entitled to make this
claim under Clause 3 of the P.E.S.P. Having regard to the
financial and trading position of the Company however, the Court
does not consider that the time is appropriate for concession of
the claim. The Court therefore does not recommend concession at
this time.
Division: Mr Heffernan Mr Keogh Mr O'Murchu
Text of Document__________________________________________________________________
CD9322 RECOMMENDATION NO. LCR14020
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
INDUSTRIAL RELATIONS ACT, 1990
SECTION 26(1)
PARTIES: TYNA KNITWEAR
(Represented by The Irish Business Employers Confederation)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for one additional day's annual leave.
BACKGROUND:
2. The Company is located at Monasterevan, Co. Kildare and
employs 48 workers. The present leave entitlement of the workers
concerned is 19 days. On the 19th June, 1991 the Union submitted
the claim for one extra day's leave. Management rejected the
claim. The issue was referred to the Labour Relations Commission
on the 2nd July, 1991. Conciliation conferences were held on the
7th February, 1992 and 3rd December, 1992. As no agreement was
reached the dispute was referred to the Labour Court on the 7th
January 1993. A Labour Court hearing took place on the 9th March,
1993.
UNION'S ARGUMENTS:
3. 1. The leave entitlement of most workers in the Industry is
20 days. This is the norm and workers in all employments
covered by the Joint Labour Committee for the Industry have an
annual leave entitlement of 20 days. (Details supplied to the
Court). The Court has recommended 20 days annual leave in
many previous recommendations.
2. The Union accepts that the Company is in a difficult
position in the present economic climate. It has already
rejected the Union's claim for the 3% increase provided for
under Clause 3 of the P.E.S.P. As a concession the Company
should agree to increase the leave entitlement of the workers
to 20 days. The concession would not exceed 3% and would be
in accordance with the terms of P.E.S.P.
COMPANY'S ARGUMENTS:
4. 1. The claim is cost increasing and is precluded under the
terms of the P.E.S.P..
2. There has been a significant downturn in the knitwear
industry in recent years. The number of workers in the
Company has been reduced from 70 (two years ago) to 48 at
present. The reduction is attributable to the chronic
recession in the Industry. Many companies have closed down in
recent times.
3. The Company cannot afford to pay the increase arising
from the additional day's annual leave. Its performance in
1992 was very poor, with a significant reduction in turnover.
(Details supplied to the Court). The Company is presently
operating a 3 day week and has been doing so regularly over
the past year. The Company is facing keen competition from
imports from the U.K. and, especially from Eastern European
and Asian countries
RECOMMENDATION:
5. The Court accepts that the Union is entitled to make this
claim under Clause 3 of the P.E.S.P. Having regard to the
financial and trading position of the Company however, the Court
does not consider that the time is appropriate for concession of
the claim. The Court therefore does not recommend concession at
this time.
~
Signed on behalf of the Labour Court
Kevin Heffernan
29th March, 1993 -----------------
T O'D/U.S. Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR TOM O'DEA, COURT SECRETARY.