Labour Court Database __________________________________________________________________________________ File Number: CD9682 Case Number: LCR15151 Section / Act: S26(1) Parties: MUCKROSS PARK HOTEL (Represented by THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Sunday premium; 78 hour fortnight; payment of Phase 2 of PCW.
Recommendation:
The Court, having considered all of the views of the parties as
expressed in their oral and written submissions, recommends as
follows:-
Sunday working:- That the overtime worked on Sunday be paid at
double time.
39 hour week:- That the 78 hour fortnight be worked during the
year 1996, and the hours of work as per the Agreement thereafter.
Payment of PCW:- The Court notes that all workers entitled to be
paid the PCW will have the increase paid to them.
Division: Mr McGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD9682 RECOMMENDATION NO. LCR15151
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
MUCKROSS PARK HOTEL
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Sunday premium; 78 hour fortnight; payment of Phase 2 of PCW.
BACKGROUND:
2. The Hotel was established in 1795 and was purchased by the
current owners in May, 1993. The Union sought the right to
negotiate an agreement on behalf of 25 workers and an
official three day strike took place in June, 1993.
Following local negotiations, and with the assistance of the
Labour Relations Commission, a Company/Union Agreement was
concluded. The dispute concerns the above aspects of the
agreement which have not been implemented by the Company,
which pleads inability to pay.
Conciliation conferences were held under the auspices of the
Labour Relations Commission on 26th July, 1995 and 3rd
October, 1995, at which agreement was not reached. The Union
requested that the dispute be referred to the Labour Court in
accordance with Section 26(1) of the Industrial Relations
Act, 1990. A Labour Court hearing was held on 3rd April,
1996 in Tralee.
UNION'S ARGUMENTS:
3. 1. Sunday premium:- The Company/Union Agreement provided
for a phased introduction of Sunday premium payment as
follows:-
Season 1993 - Time and a quarter
Season 1994 - Time and a half
Season 1995 - Double time
Double time for Sunday has been paid by other hotels in
Kerry since 1976, however, the workers reluctantly
agreed to accept the payment on a phased basis. This
was an integral part of the settlement of the 1993
dispute and must be implemented.
2. 78 hour fortnight:- The hotel industry is attempting to
impose a 78 hour fortnight on hotel staff, instead of
the traditional 39 hour week. The Company's refusal to
implement a 39 hour week and to pay overtime for hours
worked in excess of 39 hours is in breach of the
Company/Union Agreement.
3. Payment of Phase 2 of PCW:- This payment was due to
staff since April, 1995, yet the Company reimbursed some
workers just three weeks before the Labour Court
hearing. Other workers have not yet received the
increase due to them. The Company's claim of inability
to pay as a consequence of a fire in 1995 cannot be
accepted, as the Company had very comprehensive
insurance cover.
COMPANY'S ARGUMENTS:
4. 1. Sunday premium:- The Company cannot, cost effectively,
absorb the payment of double time for Sundays and, due
to intense competition on prices, cannot pass on
increased labour costs to its customers. The Hotel
competes with bigger and better financed non-unionised
hotels in the area whose labour cost structures are
considerably lower.
2. 78 hour fortnight:- It is an integral part of the
Hotel's operation that it should continue to have the
flexibility to operate a 78 hour fortnight, as endorsed
by the Hotel Joint Labour Committee. The operation of a
78 hour fortnight is a long standing practice, it
facilitates greater flexibility in rostering staff and
provides greater equalisation of work and income among
employees.
3. Payment of Phase 2 of PCW:- The Hotel has experienced
considerable financial difficulties since 1993 as a
result of initial debt, need for re-investment, a
reduction in food and beverage turnover, enforcement of
drink driving regulations and increased expenditure
following a fire in 1995. The Company was not,
therefore, in a financial position to pay Phase 2 of the
PCW in April, 1995, but has now paid the increase to all
regular full-time employees.
RECOMMENDATION:
The Court, having considered all of the views of the parties as
expressed in their oral and written submissions, recommends as
follows:-
Sunday working:- That the overtime worked on Sunday be paid at
double time.
39 hour week:- That the 78 hour fortnight be worked during the
year 1996, and the hours of work as per the Agreement thereafter.
Payment of PCW:- The Court notes that all workers entitled to be
paid the PCW will have the increase paid to them.
~
Signed on behalf of the Labour Court
29th April, 1996 Tom McGrath
D.G./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Ms. Dympna Greene, Court Secretary.