Labour Court Database __________________________________________________________________________________ File Number: CD95273 Case Number: LCR14889 Section / Act: S26(1) Parties: CAMPBELL CATERING LIMITED (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning: (1) Rates of pay (2) Shift premium.
Recommendation:
The Court having considered all of the views of the parties finds
that the claims made are cost increasing and consequently are
precluded under the terms of the national agreements on pay.
Accordingly the Court does not recommend concession of the Union's
claim.
Division: Mr McGrath Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD95273 RECOMMENDATION NO. LCR14889
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
CAMPBELL CATERING LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning: (1) Rates of pay
(2) Shift premium.
BACKGROUND:
2. The dispute concerns 42 workers employed at the Company's
unit at Cork Airport. The Company took over this contract in
1992. Subsequently the Union submitted a claim for parity of
pay rates with staff in Cork University. The Union also
submitted a claim for payment of a shift premium. Management
rejected the claims. The dispute was referred to the Labour
Relations Commission and a conciliation conference was held
on the 6th April, 1995. Agreement was not possible and the
dispute was referred to the Labour Court on the 25th April,
1995. The Court investigated the dispute in Cork on the 17th
August, 1995.
CLAIM 1. - PAY RATES
UNION'S ARGUMENTS:
3. 1. When the Company took over the contract at Cork Airport
it gave a commitment to pay workers the top rate. It
has not done so as workers at UCC receive a higher rate
of pay while performing the same work load as the
workers concerned.
2. The Cork Airport contract is a prestigious and
profitable one and similar to that operated at UCC.
There is no reason why management cannot pay workers on
these contracts the same rate of pay. Comparisons with
the Company's other contracts pay rates are unfair as
they are much smaller operations generating
significantly less profit.
COMPANY'S ARGUMENTS:
4. 1. The Company pays the standard agreed rates which apply
to their other operations throughout the country. These
rates were agreed with the Union when the Company took
over the Cork Airport operation.
2. A special situation obtains at UCC. When the Company
took over this operation in 1987, the parties reached an
agreement there, whereby workers choose not to bring
themselves in line with the 27th pay round negotiations
but instead retained their terms which were always
unique to them. Their pay rates remained red-circled.
The UCC situation is unique otherwise the Union would
have pursued its claim on behalf of all other units.
3. In a previous claim relating to the Limerick units the
Court recommended that they should remain in line with
the national terms. Since that time there has been
acceptance nationally that these terms apply and there
has been automatic application of uniform increases and
rates throughout the country.
4. The claim is cost increasing and contrary to the PCW.
CLAIM 2. - SHIFT PREMIUM
UNION'S ARGUMENTS:
5. 1. The workers concerned work shifts over a wide range of
hours. They should be compensated for the excessive
spreadover of hours. The Company has already conceded
25% premium for hours worked over an unsocial roster
from 5 p.m. to 2 a.m. Prior to this the Company
operated a `normal day' of 7.30 a.m. to 7.30 p.m. and
paid #1 per day for any hours worked outside these.
2. The Catering JLC provides for a 25% premium for any
hours worked after 12 midnight. In recent years the
Court has recommended premia of time + 1/6 for regular
shift rosters where finishing times end after 8 p.m.
There are clearly established rosters at the Cork
Airport unit from 5.30 a.m. to 1 a.m.
COMPANY'S ARGUMENTS:
6. 1. Within the Catering Industry the payment of premium
rates for staff working these hours is not the norm.
The workers concerned are generally in receipt of better
terms and conditions of employment than those in the
commercial sector and a further concession could not be
tolerated.
2. Employees receive generous travel allowances which cost
the Company over #8,000 per annum. Concession of the
claim would impact significantly on the Company which
already pays the highest rates in the Catering Industry.
The rates exceed those which apply under the JLC.
3. The claim is cost increasing and precluded under the
terms of the PCW.
RECOMMENDATION:
The Court having considered all of the views of the parties finds
that the claims made are cost increasing and consequently are
precluded under the terms of the national agreements on pay.
Accordingly the Court does not recommend concession of the Union's
claim.
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Signed on behalf of the Labour Court
7th September, 1995 Tom McGrath
T.O'D./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.