Labour Court Database __________________________________________________________________________________ File Number: CD94685 Case Number: LCR14701 Section / Act: S26(1) Parties: LAKELAND DAIRIES CO-OPERATIVE SOCIETY LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Payment of a premium for Saturday working as part of "5 over 6" day working.
Recommendation:
The Court having considered the oral and written submissions of
the parties does not consider it appropriate that a premium
payment should be applied in this case.
However, as a basis of resolving the issue the Court recommends
that the lump-sums should be increased by #200 per person.
The Court so recommends.
Division: Mr McGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD94685 RECOMMENDATION NO. LCR14701
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
LAKELAND DAIRIES CO-OPERATIVE SOCIETY LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Payment of a premium for Saturday working as part of "5 over
6" day working.
BACKGROUND:
2. The dispute before the Court concerns the Union's claim on
behalf of 3 workers employed by the Society at its Longford
store. The Union is seeking payment of a premium rate of pay
in respect of work carried out on Saturdays as part of a "5
over 6" day working week.
The Society commenced operating "5 over 6" days working at
Longford on 14th March, 1994. As part of the agreement to
introduce "5 over 6" working lump-sum payments were made to
the three workers. It was agreed to refer the matter of a
premium payment for Saturday working to the Labour Relations
Commission.
Conciliation conferences were held on 22nd August, 1994 and
6th October, 1994. As no agreement was reached, the dispute
was referred to the Labour Court on 23rd November, 1994,
under Section 26(1) of the Industrial Relations Act, 1990. A
Laoubr Court hearing took place in Cavan on 14th February,
1995.
UNION'S ARGUMENTS:
3. 1. The Society's refusal to meet the worker's claim is
unreasonable. It has benefited from the introduction of
Saturday working and should acknowledge the worker's
contribution.
2. The claim for a payment of #14 per Saturday worked is
similar to payments made to workers in similar
employment in the Town of Monaghan Co-operative for
Saturday working. The agreement which covered the
introduction of "5 over 6" day working in the Town of
Monaghan Co-operative also included lump-sum payments.
3. The workers have suffered considerable inconvenience as
a consequence of Saturday opening. In the circumstances
it is normal in industry generally to pay premium rates
for Saturday working.
SOCIETY'S ARGUMENTS:
4. 1. The Society was in danger of losing its share of the
market because of a trend in comparable stores to move
to 6 day, and in some cases 7 day trading.
2. Concession of the Union's claim would have serious
consequences for the Company's pay structure and would
lead to similar claims from workers at the Society's
stores in Granard and Moate, where workers operate "5
over 6" day working.
3. The Union's claim cannot be justified. In the industry
generally, Saturday working is part of the normal week
and does not attract premia payments.
RECOMMENDATION:
The Court having considered the oral and written submissions of
the parties does not consider it appropriate that a premium
payment should be applied in this case.
However, as a basis of resolving the issue the Court recommends
that the lump-sums should be increased by #200 per person.
The Court so recommends.
~
Signed on behalf of the Labour Court
7th March, 1995 Tom McGrath
F.B./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.