Labour Court Database __________________________________________________________________________________ File Number: CD9628 Case Number: LCR15106 Section / Act: S26(1) Parties: B.S.S. (IRELAND) LTD. (Represented by THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Lunchtime opening.
Recommendation:
Having considered the submissions of the parties, the Court
recommends that the Company offers, and that the Union accepts, an
increase of 1% from the date the new lunchtime arrangement comes
into operation and an ex-gratia payment of £200 to each of the
claimants.
Division: Ms Owens Mr Pierce Mr Walsh
Text of Document__________________________________________________________________
CD9628 RECOMMENDATION NO. LCR15106
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: B.S.S. (IRELAND) LTD.
(Represented by the Irish Business and Employers' Confederation)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Lunchtime opening.
BACKGROUND:
2. The Company specialises in the distribution of pipes and
pipeline equipment (valves, filters, pumps, controls, etc.) and
operates 2 branches in the Republic of Ireland, 1 in Cork and 1 in
Dublin. The issue in dispute directly concerns 4 of the 6 members
of the staff of the Company's Dublin warehouse.
The Company is seeking to have lunchtime opening of its trade
counter which, at present, closes from 1 p.m. to 2 p.m. by
staggering lunchbreaks, half the staff taking lunch from 12.30 p.m.
to 1.30 p.m. and the remainder from 1.30 p.m. to 2.30 p.m. The
Union has no objection, in principle, to lunchtime opening but
claims that the compensation offered by the Company is
insufficient. The Company offered a 1% increase in pay or a
once-off payment of 2% of salary. The Union sought a 1% increase
in pay, the bringing forward of Clause 4 of the P.E.S.P., an
extension to the salary scales, and movement up the salary scale.
The dispute was the subject of a conciliation conference under the
auspices of the Labour Relations Commission, at which agreement was
not reached. The dispute was referred to the Labour Court, on the
22nd of January, 1996, in accordance with Section 26(1) of the
Industrial Relations Act, 1990. The Court investigated the dispute
on the 1st March, 1996.
COMPANY'S ARGUMENTS:
3. 1. The compensation offered is adequate given that the
workers concerned are only being asked to change the
time of their lunch break by half an hour.
2. In order for the Company to be able to compete with
similar operations, and to satisfy customer demand, it
is necessary to open at lunchtime. However, it is not
anticipated that there will be any increase in the
workload of the staff.
3. Failure to implement the change, an absolute necessity
for the Company's competitiveness, will have a
detrimental effect on its business.
UNION'S ARGUMENTS:
4. 1. The workers are entitled to adequate compensation for a
change to their conditions of employment such as
proposed by the Company. To operate the revised
lunchbreak between 12.30 p.m. and 2.30 p.m. will
necessitate a reduced manning arrangement for these two
hours.
2. Having rejected the Company's offer, the workers amended
their claim for compensation. However, the Company was
not prepared to modify its stance nor to avail of a
further opportunity to seek a resolution to the matter
at conciliation.
3. Due to the increase in workload, and the disruption to
long-established lunch-hour arrangements, it is
reasonable for the workers to seek to maximise their
compensation.
RECOMMENDATION:
Having considered the submissions of the parties, the Court
recommends that the Company offers, and that the Union accepts, an
increase of 1% from the date the new lunchtime arrangement comes
into operation and an ex-gratia payment of £200 to each of the
claimants.
~
Signed on behalf of the Labour Court
Evelyn Owens
19th March, 1996 ------------
M.K./U.S. Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR MICHAEL KEEGAN, COURT SECRETARY.