FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUNNES STORES (NORTHSIDE S.C.) - AND - TWO WORKERS (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Breach of agreed working arrangements
BACKGROUND:
2. The Union is in dispute with the Company over the rostering of two of its members to work on Saturdays which it claims is in breach of a Company/Union agreement. Both employees have long service with the Company. The Union states that the employees have worked a Monday - Friday roster for the past number of years following agreement with local management. Management has now changed the rostering arrangements for these employees to include Saturday working without any agreement or consultation with the Union.
The Union referred the dispute to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation.
Management indicated by letter that it would not be attending the Labour Court hearing.
UNION'S ARGUMENTS:
3. 1. The Union is seeking that the Monday - Friday roster be re-instated immediately or alternatively, a meeting between management and the union be convened on the matter.
2. The Court, in Recommendation No. LCR 16287, which dealt with a similar issue made several suggestions as to how these matters could be progressed.
3. The majority of individual grievances which the Union receive from members in Dunnes Stores are related to rostering and therefore cannot be processed in the normal manner.
4. The claimants entered into a mutually acceptable agreement with management to work Monday - Friday.. These arrangement were in place for two years. They were, therefore, entitled to consider that this roster formed part of their contract with the Company.
5. There is no valid operational reason for changing the rosters. The only reason offered was that Head Office did not want any staff establishing working patterns outside the norm.
RECOMMENDATION:
The Court regrets that the Company did not attend the hearing or otherwise address the substance of the employees' grievances.
In the absence of any information to the contrary the Court accepts that the two workers had a personal agreement that they would be rostered Monday to Friday. On the same basis the Court further accepts that there are no operational reasons as to why that arrangement should not continue.
Accordingly, the Court recommends concession of the Union's claim.
Signed on behalf of the Labour Court
Kevin Duffy
30th August, 2002______________________
LW/LWDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.