Labour Court Database __________________________________________________________________________________ File Number: CD93576 Case Number: DEC941 Section / Act: S57(1) Parties: LANPERRY LIMITED T/A BEWLEY'S ORIENTAL CAFE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Application by the Union for a determination as to whether the Catering Joint Labour Committee operates as respects two workers.
Recommendation:
Having considered the submissions from the parties and, in
particular, noting the nature of the duties engaged in by the
employees who are the subject of this application, the Court is of
the view that the Catering JLC Employment Regulation Orders C92
No. 2, and C93 No. 2, do not cover the claimants and that the
Retail Grocery and Allied Trades JLC correctly applies to them.
Division: Ms Owens Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD93576 DECISION NO. DEC194
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 57(1), INDUSTRIAL RELATIONS ACT, 1946
PARTIES:
LANPERRY LIMITED T/A BEWLEY'S ORIENTAL CAFE
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Application by the Union for a determination as to whether
the Catering Joint Labour Committee operates as respects two
workers.
BACKGROUND:
2. 1. On 8th June, 1992, 34 employees joined the Union. On
18th June, 1992 the Union wrote to the Company requesting a
meeting and advising that it was seeking the application of
the terms of the Catering Joint Labour Committee Employment
Regulation Order to its members. A meeting took place and
the Company offered conditions of employment less favourable
than those under the Catering Employment Regulation Order.
Further meetings took place but the dispute was not resolved.
On 13th November, 1992, following a secret ballot, the Union
served strike notice on the Company. Discussions followed
and the Company agreed to implement the terms of the Catering
Employment Regulation Order.
2. The Company applied terms and conditions as set out in
the Order. Two workers were put on the rate of
cashier/clerical instead of the counter-assistant rate as
claimed by the Union. The Company maintained that the
workers properly came under the terms of the Retail Grocery
and Allied Trades Employment Regulation Order. The Union
rejected the Company's contention. On 7th October, 1993, the
Union applied to the Labour Court under Section 57(1) of the
Industrial Relations Act, 1946 for a determination as to
whether the Catering Joint Labour Committee operates as
respect the two workers. The Court investigated the matter
on 18th January, 1994.
UNION'S ARGUMENTS:
3. 1. The two particular workers are covered by Part 1,
Section 1(C) of the schedule to the Catering Employment
Regulation Order.
2. The Company accepted the rate of pay for counter-
assistants in their letter dated 15th December, 1992.
COMPANY'S ARGUMENTS:
4. 1. The two workers concerned are covered by the Retail
Grocery and Allied Trades Joint Labour Committee.
2. The produce sold by the Company comes within the scope
of the definition of Retail Grocery and Allied Trades.
3. The Catering Joint Labour Committee excludes workers "to
whom an employment regulation order made as a result of
proposals received from another Joint Labour Committee
applies".
4. The work performed in the shop is not incidental to the
preparation or service of food or drink in the cafe and
therefore does not come under the terms of the Catering Joint
Labour Committee.
5. The two shop staff are rostered to work in the shop and
perform normal retail duties.
DECISION:
Having considered the submissions from the parties and, in
particular, noting the nature of the duties engaged in by the
employees who are the subject of this application, the Court is of
the view that the Catering JLC Employment Regulation Orders C92
No. 2, and C93 No. 2, do not cover the claimants and that the
Retail Grocery and Allied Trades JLC correctly applies to them.
~
Signed on behalf of the Labour Court
16th February, 1994 Evelyn Owens
F.B./M.M. _______________
Deputy Chairman