FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MANGANS BROTHERS LIMITED (ENNIS) (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Permanent posts, Future structural work, Office cover, Canteen facilities, Pay rates, Christmas bonus, Sick pay,
BACKGROUND:
2. The Company is a family owned cash and carry business. It has seven branches with its headquarters located in Ennis, Co. Clare. It currently employs approximately two hundred and thirty employees.
The dispute before the Court concerns a claim by the Union on behalf of thirty members
employed as General Operatives by the Company for (i) a permanent position at check
out and goods inwards, (ii) the Union to be consulted regarding Health and Safety prior
to future structural work being carried out, (iii) that Friday afternoon office cover be
rostered among all office staff, (iv) the provision of proper canteen facilities,
(v) a new pay scale, (vi) a return to the voucher system as a Christmas bonus,
(vii) an improved sick pay scheme.
These issues could not be resolved at local level. The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission. On the 16th of August, 2002, the Company put forward proposals which were rejected by the Union. The dispute was referred to the Labour Court on the 24th of October, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th of February, 2003, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. There is a need for a permanent position at the checkout and goods inwards as the workers concerned are under pressure to carry out their own work and provide cover at the checkout and goods inwards.
2. The Company carried out extensive structural works which led to staff working in unsafe conditions. The Union must be consulted regarding health and safety of staff prior to any future structural works being carried out.
3. The agreement was that all office staff would rotate cover on Friday afternoon but Management took the decision to rotate among Union members only. This is unacceptable, cover should be rotated among all office staff.
4. An early time frame should be agreed for the introduction of proper canteen facilities.
5. The rates of pay should be increased as they are out of line with other Mangan outlets.
6. Prior to 2000, the workers concerned received vouchers as a Christmas bonus. This was changed to a cash payment which resulted in a loss of €140 for each worker. The Union is seeking a return to the voucher system.
7. The first three days of certified sick leave should be paid. No improvement has been made to the scheme since its introduction twenty one years ago.
COMPANY'S ARGUMENTS:
4. 1. The Company is conducting a review in relation to a permanent position at checkout and goods inwards.
2. It was agreed that the Company will consult the Union regarding any future structural work.
3. Friday afternoon office cover is currently shared between four sales order processing personnel. One person is required to cover up to 5 pm. each Friday.
4. It was agreed to consult the Union on any future plans for a new canteen.
5. The Company agreed to implement adjusted rates of pay in full and final settlement of the claim which would bring the rates into line with other outlets to pay rates in excess of the highest rate paid across the Group as a whole would have serious knock-on claims.
6. In September, 2000 an agreement was signed off by Management and the Union to abolish the voucher system and pay the Christmas bonus as gross wages amounting to one days' pay per full year of service with a maximum of five days pay. The Company offered to increase the bonus payment by an extra days pay for staff with more than twenty years service and less than twenty five years service and an extra two days pay for staff with twenty five years service or more.
7. The current sick pay scheme provides for a benefit of four weeks full pay and four weeks half pay less Social Welfare and operates in tandem with the Social Welfare system which requires three waiting days before any payment is made. There is no basis for the Union's claim.
RECOMMENDATION:
Having considered the written and oral submissions of both parties the Court recommends that the document outlining the Company's proposals, put forward by the industrial relations officer on 16th August, 2002, should be amended as follows:-
Permanent Position at Checkout and Goods Inwards.
The Court recommends the addition of a sentence to the 16th August, 2002, proposals -this review should be completed within four weeks of acceptance of this recommendation. On completion of the review, Management should meet with the Union committee to discuss the results of the review.
Future Structural Work.
The Court recommends the addition of a sentence to the 16th August, 2002, proposals -
Management should consult with the Union Committee on the safety aspects of planned major structural work, such consultation should include a risk assessment of the work to be carried out and its impact on the employees involved.
Friday Afternoon Office Cover.
The Court recommends that Management should meet with the Union Committee to state clearly its intentions in relation to the Telesales operation and how it will operate
in relation to Friday afternoon cover and (if appropriate) should state the reasons why
such operations cannot be considered as part of the skeleton cover on Friday afternoons. Otherwise cover in the office should be rostered on an equitable basis as provided for in the agreement of September, 2000.
New Canteen.
The Court notes that there are no immediate plans for a new canteen. Therefore, as it would seem to the Court that canteen facilities are not as they should be, the Court recommends that such facilities should be upgraded to conform to normal standards. This upgrade should be carried out as quickly as possible.
Pay Rates.
The Court recommends that the starting point on the Company's proposed new scale should be increased above the national minimum wage and should be €6.65 from 1st October, 2002, and the length of the proposed scale should be changed to reach the maximum point after 7 years, therefore, the Court recommends the following scale:
General Operative.
Year 1 €6.65
2. €7.14
3. €7.64
4. €7.90
5. €8.30
6. €8.50
7. €8.70
Christmas Bonus.
The Court recommends that the Company's offer of an increase in the bonus scheme should be amended to the following:-
After 10 years service - one extra days pay
After 15 years service - two extra days pay
After 20 years service - three extra days pay
After 25 years service - four extra days pay
Sick Pay.
The Court does not recommend concession of the Union's claim to increase the sick pay benefit to allow for payment for the first three days of illness.
The Court recommends that all other provisions of the 16th August, 2002, proposals should now be accepted. This recommendation must be considered as a package and voted on accordingly.
Signed on behalf of the Labour Court
Caroline Jenkinson
4th March, 2003______________________
GB/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.