FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TESCO IRELAND (SLIGO) - AND - MANDATE DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Mr. Somers |
1. Good Friday trading
BACKGROUND:
2. The dispute concerns the Company's right to trade on Good Friday. In 1981, a Sligo distributive trade agreement, including Quinnsworth (now Tesco), designated Good Friday as a day of annual leave. In 1996, an agreement was reached which allowed for all Tesco stores to trade on public holidays and Sundays. In early 1999, the Company indicated that it would be trading on Good Friday of that year. Previously, as the whole store in Sligo had been licensed to sell alcohol, it was prohibited from trading on Good Friday, but the licensing arrangements changed in early 1999 to allow trading. Following negotiations in which no agreement was reached, the Union sought the following as solution:
(a) Double time for all hours worked and a day in lieu or payment for same.
(b) A goodwill payment to the staff social fund on a once-off basis.
In the absence of agreement on same, staff decided by ballot that they could not co-operate with Good Friday trading. A small number of sales assistants reported for work and were supplemented by workers from Tesco, Drogheda.
The parties met again in December, 1999, and, failing agreement, the dispute was referred to the Labour Relations Commission. At a conciliation conference in March, 2000, the Union sought, in addition to (a) and (b) above,paid release for religious ceremonies as per an agreement of October, 1982. As the Company refused to pay the goodwill gesture (£5,000), the dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relation Act, 1990. A Labour Court hearing took place on the 5th of July, 2000. The Company did not trade on Good Friday 2000. It believes that the Union instructed its members not to attend for work.
UNION'S ARGUMENTS:
3. 1. The designated annual holiday for Good Friday in Sligo was unique to the Sligo store, and was not covered by the 1996 Agreement regarding extended trading.
2. The Union did not instruct employees not to attend for work on Good Friday, as the Company claims.
3. If employees were to agree to Good Friday trading, paid release for religious ceremonies would be a logical extension. This is covered by the 1982 agreement.
COMPANY'S ARGUMENTS:
4. 1. Good Friday is a designated day of annual leave in many of the Tesco's other locations. It has been normal practise in Tesco, Sligo for staff members to work on Good Friday behind "closed doors". Working on Good Friday would be on a voluntary basis.
2. The Company cannot pay a lump sum to compensate for Good Friday trading. No other location receives such a payment, given that the Company is operating within the collective agreement (1996) already in place.
3. In 1999, the parties concluded a comprehensive pay agreement in respect of all staff, based on a commitment for change in retail operations. In Sligo, this involved a pay increase of approximately 10%. The Union's non-co-operation prevented the Company from trading on Good Friday, 2000, conceding potential sales of £40, 000 to its competitors.
RECOMMENDATION:
Having considered the submissions of the parties, the Court is satisfied that trading on Good Friday is covered by the 1996 Agreement on trading hours.
Since working on Good Friday is to be on an individual voluntary basis , the Court does not accept that the Company's proposal impinges on any prior agreement.
The Court does not recommend concession of the Union's claims, and recommends that the Union co-operates with the introduction of Good Friday trading in the terms set out by the Company.
Signed on behalf of the Labour Court
Kevin Duffy
17th July, 2000______________________
conDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.