LCR16677

SUBJECT:
1. 1. Early morning payments and 2.Service holidays.


BACKGROUND:

2. With effect from the 9th of March, 1999, the parties reached agreement on a new Company/Union Agreement. The Agreement set out the conditions of employment including overtime rates and provided that service pay be abolished and replaced by service days.

The dispute concerns the Union's claim on behalf of butchers in relation to service days and a claim that early morning attendance should be paid at double time. It argues that over the years long serving staff in Dublin were paid double time for early morning attendance and this should continue despite the new agreement. Management rejects the claim. Its position is that isolated payments may have been made but there is no evidence of an agreement in relation to early morning overtime. The parties indicated at the hearing that agreement had been reached in relation to service days.

The dispute was the subject of a conciliation conference held under the auspices of the Labour Relations Commission. As agreement could not be reached, the dispute was referred to the Labour Court on the 22nd of June, 2000 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th of November, 2000.


UNION'S ARGUMENTS:

3. 1. In the mid 1980s following industrial action by Mandate, it was agreed that normal trading would be between the hours of 9 A.M. and 6 P.M. and that hours worked outside of these hours would be paid at double time.

2. During this time it became common practice for the Company to allow customers into the stores before 9 A.M. This had a considerable impact on the butchery counter. It resulted in the butchers interrupting their preparation work in order to serve customers. This was recognised by way of extra pay which was paid at double time.

3. The workers concerned raised the issue of early morning overtime prior to balloting on the agreement. This was pointed out to Management who inserted an appendix into the agreement following the ballot stating that:-

"Rates of pay determined by the agreement are not influenced by whether a customer is being served or not."


COMPANY'S ARGUMENTS:

4. 1. Butchers are paid time and one half for overtime worked prior to 9 A.M. The agreement is clear on this issue but the Union justifies its position claiming it had an agreement of 16 years that double time would be paid.

2. Double time has not been paid for attendance prior to 9 A.M. over the past 16 years and the issue was not mentioned at negotiations.

3. In its original proposals, the Company made an offer to the Union to pay double time "if trading". However, the Union rejected this indicating that it wanted an increase in basic pay. The inconsistency of the Union is difficult to understand.


RECOMMENDATION:

Service Holidays:
The Court notes that agreement has been reached between the parties on this issue.

Early Morning Overtime:
While some arrangement may have been entered into some years ago to pay early morning overtime at the rate of double time, there is no evidence to indicate that the Company ever agreed to such a condition on an ongoing basis. In these circumstances the Court does not recommend concession of the Union's claim.



Signed on behalf of the Labour Court



Kevin Duffy
21st November, 2000______________________
FB/CCDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.