Labour Court Database __________________________________________________________________________________ File Number: CD93657 Case Number: LCR14343 Section / Act: S26(1) Parties: FAS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Implementation of Canteen purchasing procedures by Storepersons and Senior Storepersons.
Recommendation:
The Court recommends the Daily Canteen-Perishable Goods Procedure,
dated the 18th March, 1993 be implemented with immediate effect.
The management should take such steps as are necessary to ensure
the procedure is standardised in each training centre.
The parties should monitor the operation of the procedure for a
period of two months, during which time any difficulties arising
should be rectified.
The Court considers the issue of a review of the stores grade is a
separate matter, which should be dealt with by the parties as they
consider necessary, but should not affect the implementation of
the above procedure.
The Court so recommends.
Division: MrMcGrath Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD93657 RECOMMENDATION NO. LCR14343
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
FAS
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. 1. Implementation of Canteen purchasing procedures by
Storepersons and Senior Storepersons.
BACKGROUND:
2. FAS operates canteens at 17 of its centres nation-wide The
dispute concerns the procedure for receipt of canteen supplies.
It has been ongoing since 1990.
In February, 1990 a revised procedure for receipt of canteen
supplies was introduced. This involved stores staff checking in
goods delivered to the various centres. Prior to 1990 the
checking in was carried out by canteen Supervisors. The canteen
Supervisors objected to the new procedure. A joint working group
was set up but failed to solve the dispute. The dispute was
referred to the Labour Relations Commission. Following a
conciliation conference with the Labour Relations Commission, a
new arrangement was reached in September, 1991. This involved
canteen Supervisors and Storepersons working together. The
Storeperson attested to the receipt of goods and forwarded the
delivery docket to the accounts section each day.
The new procedure was implemented in some centres but not in
others. Further meetings were held at local level. Conciliation
conferences in the Labour Relations Commission on 5th and 23rd
August, 1993 failed to resolve the dispute. At the conciliation
conference on 5th August, 1993 the Union indicated that it would
be making a wage claim on behalf of its members. It was agreed to
refer the dispute to the Labour Court.
The dispute was referred to the Labour Court on 22nd November,
1993 under Section 26(1) of the Industrial Relations Act, 1990. A
Labour Court hearing took place on 2nd February, 1994.
UNION'S ARGUMENTS:
3. 1. The revised procedure for receipt of canteen supplies
has added responsibility to the duties of the Storepersons
and Senior Storpersons. The workers are justified in making
a wage claim.
2. Procedures to date have involved difficulties with
regards to the timing of deliveries and the responsibility
for forwarding delivery dockets to the accounts section.
The difficulties have not been resolved by the Company and
are causing much confusion at the various centres.
COMPANY'S ARGUMENTS:
4. 1. The procedures which involve the Storeperson and Senior
Storepersons are very simple and are no different from their
other duties. There is no justification for a wage claim.
Conceding a wage claim would have a serious repercussive
effect for the Company, as every revised procedure, no matter
how small, could be seen as a valid reason for a revised wage
claim.
2. The Company has endeavoured to implement a revised
procedure of checking stores since 1990. It has made every
effort to facilitate the Union's concerns. The latest
procedures were agreed to by a Joint Working Party, involving
the Union and the Company but the Union still refuses to
implement these procedures. The Union's request to have a
further trial period is unreasonable.
RECOMMENDATION:
The Court recommends the Daily Canteen-Perishable Goods Procedure,
dated the 18th March, 1993 be implemented with immediate effect.
The management should take such steps as are necessary to ensure
the procedure is standardised in each training centre.
The parties should monitor the operation of the procedure for a
period of two months, during which time any difficulties arising
should be rectified.
The Court considers the issue of a review of the stores grade is a
separate matter, which should be dealt with by the parties as they
consider necessary, but should not affect the implementation of
the above procedure.
The Court so recommends.
~
Signed on behalf of the Labour Court
21st February, 1994. Tom McGrath
C.O'N./A.L. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.