Labour Court Database __________________________________________________________________________________ File Number: CD94203 Case Number: LCR14455 Section / Act: S26(1) Parties: DUBLIN AIRPORT RESTAURANTS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Rationalisation and work practice changes.
Recommendation:
The Court having considered the detailed submissions from the
parties has come to the conclusion that the proposals emanating
from Conciliation and contained in document dated 26th February,
1994 form the basis for resolution of this dispute.
Accordingly, the Court recommends that those proposals be amended
as set out below and the document as amended be accepted by both
parties.
AMENDMENTS:
CLAUSE (E) - Casual Staff - Increase minimum hours from
4 to 5.
CLAUSE (G) - Increase leave from 2 to 3 days on a once-
off basis.
With regard to Clause F the Court notes and wishes to record the
Company's assurance that it would not be used to take advantage of
employees.
Division: Ms Owens Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94203 RECOMMENDATION NO. LCR14455
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
DUBLIN AIRPORT RESTAURANTS
(REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRELAND) LIMITED)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Rationalisation and work practice changes.
BACKGROUND:
2. Dublin Airport Restaurants operates the catering and bar
concession in Dublin Airport. It employs approximately 186
workers in the provision of services from 11 outlets.
In January, 1994, the Company announced that it was seeking
18 redundancies and changes in work practices and conditions
of employment. Following a conciliation conference at the
Labour Relations Commission a redundancy package was accepted
by the workers and the redundancies took place on a voluntary
basis.
In February, 1994, further local-level discussions took place
regarding the changes in work practices and conditions of
employment, following which a set of proposals was put before
the workers. The proposals recommended by the Union for
acceptance, were rejected by the workers.
The dispute was referred to the Labour Relations Commission.
Conciliation conferences took place on 18th and 25th
February, 1994, following which a further set of proposals as
follows were put before the workers and recommended for
acceptance by both parties.
The Company will agree to the payment of 3% under Clause 3 of
P.E.S.P. to weekly-paid and administration staff with effect
from 6th March, 1994, in return for the following:-
(a) Flexibility - staff will be completely flexible in
carrying out duties within units, and in mobility from
location to location under the control of Dublin Airport
Restaurants. (This would not include cross-category
flexibility).
(b) Credit Transfer - payment to all staff will be by credit
transfer, on a weekly basis.
(c) Rosters - staff will be guaranteed to be rostered for a
minimum of one weekend off in four. Where local
requirements permit more favourable arrangements may be
applied.
(d) Transport - the Transport Committee will continue to
identify means of reducing the transportation costs
being incurred by the Company.
(e) Casual staff - staff will be guaranteed a minimum of 4
hours pay when called in.
(f) Administration/Cash office - staff will co-operate fully
with the re-organisation and operation of the
administration and cash office areas.
(g) Public Holidays - it is agreed that staff rostered on
duty on a public holiday will be paid in accordance with
the agreement made under the 26th Wage Round. Staff
rostered off duty will be entitled to a day's pay or a
paid day off in lieu.
On a once-off basis the Company would allow staff 2 days
leave, to be taken in the period October 1994 to April
1995.
(h) Cash handling allowance - existing staff who have this
payment built into their basic rate will retain the
payment on a "red-circled" basis. In addition those
staff who did in excess of 200 hours on cash-handling
duties during 1993 (list attached) will retain their
right to the payment when on cash-handling duties, again
on a "red-circled" basis. For all other staff cash
handling will form part of normal duties.
(i) Cleaning - Front-of-House staff will carry out light
cleaning duties (for example mopping, sweeping, refuse
and suchlike) during operating hours. This will not
include deep cleaning duties. The Company will agree to
a lead-in payment of #250 to staff involved in these
duties (pro-rata for casual staff) to be paid in the
first pay week of the new tax year.
In the event of this proposal being rejected by either party
it is automatically withdrawn and is deemed not to have been
put forward.
The workers rejected the proposals.
Following the rejection of the proposals the Union responded
as follows:-
(a) Casual Staff:
Workers are currently guaranteed five hours pay when
called in; a reduction to four hours minimum is
unacceptable for the following reasons:-
- lower pay rates for casual staff;
- cost of travel to and from work;
- loss of break entitlements.
(b) Administration:
This clause is not specific in detail, is too open-ended
and the workers fear that management would ruthlessly
exploit it to their detriment. The clause should be
deleted in its entirety.
(c) Public Holidays:
The Union has an agreement with the Company arising out
of the 26th Wage Round dated 1st October, 1986, that
treble time be paid for Bank Holidays. Treble time has
been paid for holidays rostered on or rostered off. The
workers will not accept any changes in the 1986/present
agreement.
(d) Cash-Handling:
The handling of cash has its own responsibilities.
Because of this, staff have been paid a "cash-handling"
allowance (.67p per hour). Employees of Dublin Airport
Restaurants have been disciplined and have lost their
jobs due to "mis-handling" of cash.
The allowance is small for the responsibility involved
and should apply equally to all who handle cash.
(e) Cleaning:
All cleaning of the bars and restaurants was, up to
June, 1993, performed by Aer Rianta cleaning section.
Aer Rianta continue to do heavy cleaning of the areas as
a night shift.
In June 1993, Dublin Airport Restaurants without
reference to or agreement with S.I.P.T.U. employed their
own cleaning staff (seven) for "light cleaning" and paid
rates of pay, far inferior to that paid to S.I.P.T.U.
members in Aer Rianta.
Less than a year later, the Company wish to make all of
the cleaners redundant and are requesting that the
Catering and Bar Staff take over the cleaning function.
The workers concerned are not prepared to take on these
duties.
The dispute was referred to the Labour Court by the Labour
Relations Commission on 7th April, 1994. A Labour Court
hearing took place on 18th April, 1994.
UNION'S ARGUMENTS:
3. 1. Dublin Airport Restaurants is a profitable Company based
on a high turnover. It monopolises all eating and
drinking outlets in Dublin Airport.
2. It has a captive passing trade which is projected to
increase significantly for the third year running in
1994. The increase in business has resulted in
increased productivity, which alone justifies the
payment of the 3% under Clause 3 of the Programme for
Economic and Social Progress.
3. The workers concerned have co-operated fully with
management regarding a reduction in staff, increased
flexibility and a substantial increase in productivity.
This has resulted in substantial savings to the Company.
There is no justification in the extra concessions
sought by management.
COMPANY'S ARGUMENTS:
4. 1. The changes sought by the Company are necessary to
secure the long term future of the Company and its
employees.
2. The rates of pay and conditions of employment of the
workers concerned are significantly better than other
workers in similar employment.
3. The contract for the concession expires the 1998. The
Company cannot assume that it is going to automatically
succeed in retaining the concession as competition for
any catering concession is now strongly contested when
going to tender.
4. The changes sought do not fully compensate for the 3%
increase. However, in the circumstances it was
reasonable to concede the 3% in an attempt to bring the
operation in line with standard catering practices.
Failure to do so would place the Company at a
disadvantage in seeking to retain the contract in 1998.
RECOMMENDATION:
The Court having considered the detailed submissions from the
parties has come to the conclusion that the proposals emanating
from Conciliation and contained in document dated 26th February,
1994 form the basis for resolution of this dispute.
Accordingly, the Court recommends that those proposals be amended
as set out below and the document as amended be accepted by both
parties.
AMENDMENTS:
CLAUSE (E) - Casual Staff - Increase minimum hours from
4 to 5.
CLAUSE (G) - Increase leave from 2 to 3 days on a once-
off basis.
With regard to Clause F the Court notes and wishes to record the
Company's assurance that it would not be used to take advantage of
employees.
~
Signed on behalf of the Labour Court
27th May, 1994 Evelyn Owens
F.B./M.M. ___________________
Deputy Chairperson
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.