FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CLERYS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Sunday and Public Holiday trading
BACKGROUND:
2. Clerys is a department store on O'Connell Street in Dublin city centre. SIPTU represent in the region of 85% of retail sales staff whilst the rest of the sales staff are represented by MANDATE.
In September 1996 the Company reached an agreement with SIPTU in relation to the introduction of extended trading.
In late 2002 the Company met with SIPTU to seek an extension of Sunday and public holiday trading. The Company put forward a number of proposals to the Union on several occasions but these were rejected at ballot.
The dispute before the Court concerns the amount of lump sum offered and the payment of treble time for public holidays for current staff.
The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 6th August 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th November, 2003, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Union have negotiated extensively with the Company in an effort to reach
agreement on the proposals for Sunday and public holiday trading.
2. The Union has put forward it's own proposals to the Company in an effort to
expedite an agreement.
COMPANY'S ARGUMENTS:
4. 1.The Company's proposals will not affect the terms and conditions of employment of existing staff. Existing staff can opt to work on Sundays and public holidays on a voluntary basis.
2. The Company must open for the maximum number of trading days in order to
remain financially viable.
3. The Company's proposal is generous and in line with norms in the retail sector.
RECOMMENDATION:
The Court has considered the submissions of both parties. The Court notes that both parties accept the need to extend Sunday trading and are committed to its introduction. The Court notes that the Company fully accept that existing staff will only be required to commit to Sunday working on a voluntary basis. A number of proposals have been made by the Company and rejected by the Union.
The Court recommends that the Company's proposal of 3rd July, 2003, should be amended by the following and the revised package should be accepted by both sides:-
- All retail rostered staff with 2 years service or more to be paid a lump sum
payment of €200 gross or €400 in gift vouchers/bonus bonds. Volunteers who commit to (within one month of acceptance of this proposal) and actually work a minimum of fifteen new trading days to be paid an additional lump sum of €1000 gross.
- With effect from the 2004 leave year, one extra days annual leave to apply to all staff that have attained 10 years service or more. Staff who work on Good Friday to be entitled to a day off in lieu (in addition to their premium pay).
- Existing staff that work on public holidays to be entitled to either treble time for the hours worked or double time for the hours worked plus a day off in lieu.
The adjustments made to service pay over recent years seem satisfactory to the Court and accordingly, the Court does not recommend indexation at this stage.
Signed on behalf of the Labour Court
Caroline Jenkinson
1st December, 2003______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.