Labour Court Database __________________________________________________________________________________ File Number: CD95697 Case Number: LCR15143 Section / Act: S26(1) Parties: PENNEY'S TRALEE (Represented by THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - and - MANDATE |
Rate of pay - Stores Section.
Recommendation:
The Court, having considered the submissions of the parties,
recommends that the workers here concerned be paid £2.50 per hour
for the first year and on a scale which is pro-rata to the shop
assistants' scale thereafter.
The Court also notes the stated policy of the Company to give
preferential consideration to the workers concerned in this claim
for vacancies which occur for shop assistants.
The Court so recommends
Division: Mr McGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD95697 RECOMMENDATION NO. LCR15143
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
PENNEY'S TRALEE
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
MANDATE
SUBJECT:
1. Rate of pay - Stores Section.
BACKGROUND:
2. The dispute concerns the rate of pay applicable to 6
storepersons in the Stores Section in Tralee. In early 1995
they earned a rate of £2.10 per hour, which was increased
from 1st May, 1995 to £2.33 per hour, following local
discussions. The Union formally rejected the increase and
sought the introduction of a pay scale for storepersons on a
par with the sales assistants' pay scale which starts at
£3.10 per hour. On 1st September, 1995 implementation of
Phase 2 of the PCW increased the storeperson's rate to £2.42
per hour.
The dispute was the subject of a conciliation conference
under the auspices of the Labour Relations Commission on 4th
October, 1995. The Company proposed an increased flat rate
of £2.50 per hour. The proposal was rejected by the Union
and it was agreed to refer the dispute to the Labour Court in
accordance with Section 26(1) of the Industrial Relations
Act, 1990. A Labour Court hearing took place on 3rd April,
1996 in Tralee.
UNION'S ARGUMENTS:
3. 1. The Company employs similar workers in other locations
who enjoy rates of pay comparable to that of sales
assistants. In a Dublin branch, storepersons are paid
at a higher rate than sales assistants. Many other
companies in the distributive trades employ similar
workers and remunerate them in line with sales
assistants.
2. The Company has refused to give priority to the workers
concerned over external applicants when filling
positions on the shop floor. It is unreasonable to pay
storepersons a permanent fixed rate of £2.50 per hour
with no prospect of further increments or promotion.
3. The workers concerned are not bound by the Cost
Stabilisation Clause of the PCW and should be
remunerated in accordance with the only agreed pay scale
in the branch, the sales assistants' pay scale.
COMPANY'S ARGUMENTS:
4. 1. Storepersons and sales assistants carry out different
types of work and each have their own separate
responsibilities. The storeperson's rate of £2.42 per
hour is a fair and competitive rate when compared with
rates paid locally.
2. Storepersons have been employed in the Tralee store
since December, 1979 and, although the claim is clearly
a cost increasing claim, the Company increased the
hourly rate in May, 1995 and applied Phase 2 of the PCW
in September, 1995.
3. All vacancies are advertised internally and all
storepersons are eligible to apply. In 1995 two
storepersons were transferred to sales assistants' posts
and are paid the appropriate hourly rate.
RECOMMENDATION:
The Court, having considered the submissions of the parties,
recommends that the workers here concerned be paid £2.50 per hour
for the first year and on a scale which is pro-rata to the shop
assistants' scale thereafter.
The Court also notes the stated policy of the Company to give
preferential consideration to the workers concerned in this claim
for vacancies which occur for shop assistants.
The Court so recommends
~
Signed on behalf of the Labour Court
19th April, 1996 Tom McGrath
D.G./D.T. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Ms. Dympna Greene, Court Secretary.