FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUNNES STORES - AND - MANDATE DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Long service increments.
BACKGROUND:
2. The Union has submitted a claim for long service increments for employees with more than 7 years' service as follows:-
7 Years' Service - £7.65 per hour
10 Years' Service - £7.83 per hour
15 Years' Service - £8.00 per hour
It claims that the Company's pay rates have fallen out of line in so far as employees with long service are concerned when compared to rates of pay in operation by other major retailers.
The Company rejected the Union's claim. It stated that its pay rates are amongst the most competitive in the retail sector.
As no agreement was possible between the parties the dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 25th May, 2001 but no agreement was reached. The dispute was referred to the Labour Court on the 29th May, 2001 under Section 26 (1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 23rd October, 2001.
UNION'S ARGUMENTS:
3. 1. Long service increments have now become an established feature of the retail sector. The Company should introduce such a scheme for its employees.
2. The introduction of long service increments would help to retain senior experienced staff in the Company.
3. The employees are entitled to "benchmark" their service and their hourly rate of pay within the industry norm and especially within the environment of the Programme for Prosperity and Fairness (PPF).
COMPANY'S ARGUMENTS:
4. 1. The Union's claim is cost increasing and is precluded under the terms of the Programme for Prosperity and Fairness (PPF).
2. The Company is committed to retaining longer serving staff and this is reflected in our pay rates.
3. The Company operates a discount scheme for employees which ranges from 15% to 20% depending on length of service.
4. The Company's pay rates are now amongst the most competitive in the industry.
RECOMMENDATION:
The Court has carefully considered the submissions of the parties and recommends that the dispute be resolved as follows:
1. The Parties should expedite their negotiations on the supplemental 2% increase under PPF.
2. The question of a Long Service Increment applicable after seven years' service should be deferred and reconsidered in light of the outcome of the negotiations referred to at 1 above.
3. A Long Service Increment of £7.83 per hour, effective from the date of this recommendation, should be introduced at ten years' service. This rate should not attract the 2% increase if subsequently implemented.
Signed on behalf of the Labour Court
Kevin Duffy
26th October, 2001______________________
LW/BRDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.