Labour Court Database __________________________________________________________________________________ File Number: CD95394 Case Number: LCR14925 Section / Act: S26(1) Parties: GREAT SOUTHERN HOTELS (GSH) (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Clause 3 of the Programme for Economic and Social Progress (PESP).
Recommendation:
The Court, having considered all the information before it, makes
the following recommendations:-
(A) Food Deductions:
The food deduction of #5 per week to be increased by 3% now,
and in future years to be index linked for C.P.I. or wage
round increases, which ever is the greater.
(B) Rosters:
It is the Court's view that roster requirements could vary in
each hotel. The Court would, therefore, not be in a position
to make specific recommendations on this issue. The parties
themselves should meet to discuss this question as it affects
each hotel, and any other issue that may arise as a result.
(C) Accommodation Contribution:
The #3.14 weekly deduction to be increased by 3% now, and in
future years to be index linked for C.P.I. or wage round
increases, whichever is the greater.
(D) Electronic Fund Transfer:
The employees to accept Electronic Fund Transfer.
(E) Taxis in Galway:
Company to avail of Union's offer to discuss this issue
locally.
(F) Holiday Entitlement:
This issue to be the subject of local discussions.
(G) Local demarcation issues:
This to be dealt with at local level.
(H) Apprenticeship Scheme:
Parties to agree apprenticeship scheme suitable for the
requirement of the business.
In return for acceptance by the employees of the above
recommendations, the Court recommends that the Company pay the 3%
as in Clause 3 of PESP from 1st September, 1995.
Division: Mr Flood Mr Pierce Mr Rorke
Text of Document__________________________________________________________________
CD95394 RECOMMENDATION NO. LCR14925
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
GREAT SOUTHERN HOTELS (GSH)
(Represented by the Irish Business and Employers Confederation)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
Clause 3 of the Programme for Economic and Social Progress
(PESP).
BACKGROUND:
The claim is on behalf of all hotel workers employed by the
Great Southern Hotel (Company) in seven locations around the
country (two in Killarney, two in Galway and one each in
Parknasilla, Rosslare and Shannon). The claim, in respect of
a 3% increase under Clause 3 of the PESP, was served on the
Company in March, 1994.
The Union maintains that it was prepared to negotiate with
the Company for the 3% increase and to give a return worth
3%. It was not prepared to deal with the list of items that
the Company wanted in return for the 3%. The list of items
and the Company's proposals are as follows:
(1) Food deductions: The Company wants to increase the present
#5 per week deduction for staff food to #8 per week.
(2) Working Week: The Company wished to introduce a 78-hour
fortnightly roster and fortnightly pay. The working hours
per week are 39 hours at present.
(3) Apprenticeship scheme: The Company feels that at present
there are too many top rate personnel being retained. The
Union is willing to discuss an apprenticeship/training scheme
at local level.
(4) Holiday backlog: Holiday year is 1st January to 31st
December - holidays to be completed by June of following
year. This issue to be discussed and agreed at local level.
(5) Electronic Fund Transfer (EFT): The Company would like to
see payment of wages for all workers made directly to bank
accounts. Union will recommend acceptance to existing staff.
(6) Staff taxis in Galway: Taxis are provided free in the two
Galway hotels for all staff working after midnight. The
Company wants the workers concerned to contribute by paying
the equivalent to the public transport cost.
(7) Rosters/rostered overtime: Company proposed a staggered
roster for some bar personnel i.e., 6.00 p.m. to 2.00 a.m. to
match customer demand and eliminate overtime.
(8) Accommodation contribution: Company wants to increase the
present deduction of #3.14 per week to #12 per week.
The issue of local demarcation is to be discussed at local
level.
The hotels Joint Labour Committee (JLC) which has
jurisdiction for hotels outside of Dublin, agreed to pay 1.5%
(.5% in 1994 and 1% in 1995) in full and final settlement of
Clause 3 of PESP.
The dispute was referred to the Labour Relations Commission
and a conciliation conference was held on 22nd April, 1995.
No agreement was reached and the dispute was referred to the
Labour Court on 4th July, 1995, in accordance with Section
26(1), Industrial Relations Act, 1990. A Labour Court
hearing took place on 31st August, 1995 (the earliest date
suitable to the parties).
UNION'S ARGUMENTS:
1. Food deduction: The Union cannot agree to an increase in
basic pay which would be cancelled out by a reduction in
wages of an equal, or greater, amount.
2. 78-hour fortnightly roster/fortnightly pay:
The proposed changes would have far-reaching consequences for
the workers and is disproportionate in the context of a 3%
pay increase.
3. Staff taxis in Galway: Other hotels have dealt with the
issue as a separate item. Late finish workers would be asked
to contribute to savings which would fund payment to all
workers.
4. Rosters/rostered overtime: It is not possible to predict
customer demand at all times. The Company is trying to
eliminate overtime by its proposed new roster. Workers could
be told to take time off for what is normally paid overtime.
5. Accommodation contribution: Workers cannot be expected to
pay more for accommodation than the 3% increase is worth.
COMPANY'S ARGUMENTS:
1. Food deduction: The #5 per week deduction has remained
unchanged since the late 1970's. The present J.L.C.
deduction is #22.37 per week.
2. Staff taxis in Galway: The cost of providing taxis free for
the workers in the two Galway hotels is costing the Company
#17,000 per annum.
3. Accommodation contribution: This concerns the hotels in
Rosslare and Parknasilla. The #3.14 per week deduction
covers meals, light, heat and laundry over 7 days. The
J.L.C. deduction is #15.59 per week.
The Company is in a very competitive business. It operates
pay scales which are considerably higher than those laid down
by the J.L.C. or are paid by its competitors. The Union has
already accepted the 1.5% settlement awarded by the J.L.C.
but is now pursuing the full 3% under Clause 3 of the
P.E.S.P.
RECOMMENDATION:
The Court, having considered all the information before it, makes
the following recommendations:-
(A) Food Deductions:
The food deduction of #5 per week to be increased by 3% now,
and in future years to be index linked for C.P.I. or wage
round increases, which ever is the greater.
(B) Rosters:
It is the Court's view that roster requirements could vary in
each hotel. The Court would, therefore, not be in a position
to make specific recommendations on this issue. The parties
themselves should meet to discuss this question as it affects
each hotel, and any other issue that may arise as a result.
(C) Accommodation Contribution:
The #3.14 weekly deduction to be increased by 3% now, and in
future years to be index linked for C.P.I. or wage round
increases, whichever is the greater.
(D) Electronic Fund Transfer:
The employees to accept Electronic Fund Transfer.
(E) Taxis in Galway:
Company to avail of Union's offer to discuss this issue
locally.
(F) Holiday Entitlement:
This issue to be the subject of local discussions.
(G) Local demarcation issues:
This to be dealt with at local level.
(H) Apprenticeship Scheme:
Parties to agree apprenticeship scheme suitable for the
requirement of the business.
In return for acceptance by the employees of the above
recommendations, the Court recommends that the Company pay the 3%
as in Clause 3 of PESP from 1st September, 1995.
~
Signed on behalf of the Labour Court
6th October, 1995 Finbarr Flood
C.O.N./A.K. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.