Labour Court Database __________________________________________________________________________________ File Number: CD9396 Case Number: LCR14080 Section / Act: S26(1) Parties: KILKENNY CIVIC TRUST LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
A dispute concerning: a) Pay and conditions b) Loss of earnings c) Flexible working
Recommendation:
On the basis of the information before us the Court has concluded
that the establishment is covered by the terms of the Hotels Joint
Labour Committee and therefore minimum wages and conditions laid
down by the Committee must apply.
Management in turn are entitled to introduce rosters and working
arrangements to suit the trade of the establishment subject to the
conditions laid out by the Joint Labour Committee.
Having arrived at the above conclusion, the Court does not
consider it appropriate at this time to recommend concession of
the claim as made by the union.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD9396 RECOMMENDATION NO. LCR14080
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: KILKENNY CIVIC TRUST LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. A dispute concerning:
a) Pay and conditions
b) Loss of earnings
c) Flexible working
BACKGROUND:
2. 1. In 1989, the Kilkenny Civic Trust was established to
acquire the Kilkenny property of the Kilkenny Design
Workshops Limited. The property included the Design Centre
and the adjoining Butler House which was developed as a
conference centre, with facilities for the service of meals
and the provision of accommodation (13 guest suites).
2. In March, 1990, the Company and the Workers agreed
contracts, on a trial basis, which provided for;
a) an increase in weekly working hours from 32
and 37.5 hours per week to 39 hours per week,
b) 7 rather than 5 day roster liability and,
c) an increase in basic wages.
On the 28th January, 1991, the Union sought a meeting with
the Company to discuss pay and conditions and a claim for
loss of earnings. No progress was made at a meeting on the
15th April, 1991 and the matter was referred to the Labour
Relations Commission on the 26th July, 1991. Conciliation
conferences took place on the 4th March, 1992 and the 29th
October, 1992. Agreement could not be reached and the
dispute was referred to by the Labour Relations Commission to
the Labour Court on the 2nd February, 1993. The Court
investigated the issue on the 2nd March, 1993 in Kilkenny.
(A) PAY AND CONDITIONS
UNIONS ARGUMENTS:
3. 1. Workers performing supervisory functions should be in
receipt of an additional allowance.
2. They are on a lower hourly rate than those workers they
supervise.
3. They have responsibility for the operation of their
departments in Butler House.
4. The rates paid are lower than those paid under the
Hotels Joint Labour Committee.
COMPANY'S ARGUMENTS:
4. 1. The Company has been operating at a loss since its
establishment.
2. The Company is registered as a guesthouse not a hotel.
3. The terms and conditions compare favourably with similar
establishments which are making a profit.
(B) LOSS OF EARNINGS
UNION'S ARGUMENTS:
5. 1. The workers lost earnings i.e. overtime, as a result of
moving from a 5 day to a 7 day roster.
COMPANY'S ARGUMENTS:
6. 1. The Company has been operating at a loss and is unable
to pay for any loss of earnings.
(C) FLEXIBLE WORKING
UNION'S ARGUMENTS:
7. 1. The workers want an input into the drawing up of the
work schedule, to ensure that there is a proper spread
between late finish and early starts.
COMPANY'S ARGUMENTS:
8. 1. The Company paid special increases in January and March,
1990 in addition to a once off lump sum when it introduced
flexible hours.
RECOMMENDATION:
On the basis of the information before us the Court has concluded
that the establishment is covered by the terms of the Hotels Joint
Labour Committee and therefore minimum wages and conditions laid
down by the Committee must apply.
Management in turn are entitled to introduce rosters and working
arrangements to suit the trade of the establishment subject to the
conditions laid out by the Joint Labour Committee.
Having arrived at the above conclusion, the Court does not
consider it appropriate at this time to recommend concession of
the claim as made by the union.
~
Signed on behalf of the Labour Court
13th May, 1993 John O'Connell
P.O.C./M.H. ------------------------------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.