FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUNNES STORES ATHLONE - AND - MANDATE DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Compliance with Company/Union Agreement.
BACKGROUND:
2. The dispute before the Court concerns a claim by the Union that the Company’s decision not to comply with a Company/Union agreement for resolving problems arising between management and staff and management’s refusal to permit 13 employees on a 39 hour week contract to shorten their working week to 37.5 hours with a corresponding reduction in pay accepted by workers in question.
The dispute could not be resolved at local level. The Union referred the claim to the Labour Court on the 29th April, 2005 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Labour Court hearing took place on the 6th July, 2005.
The Company did not attend the Labour Court hearing.
UNION'S ARGUMENTS:
3.1 The request from the 13 staff to reduce their working week is a legitimate one as workers throughout their working life need to accommodate their work obligations with other commitments.
2. The Programme for Prosperity and Fairness, Framework 1 Annex 4 clearly states the benefits for employers and their employees in the development of family friendly policies.
3. The Agreement also states that part-time work (among other practices) is appropriate for discussions between employees and Unions.
4. The Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146 of 2000) requiresinter aliathat employee grievances "are fairly examined and processed". The Company's position throughout this dispute fails to demonstrate that such a fair examination occurred or that the grievances were to be processed.
RECOMMENDATION:
It is regrettable that the Company declined to attend the hearing or to otherwise communicate its position on the substantive issue to the Court.
With regard to the substantive issue in dispute, the Court recommends that the Company should meet with the Union to discuss the claim for a reduction in working hours for the staff concerned. The Court further recommends that the Company give fair consideration to the claim.
Signed on behalf of the Labour Court
Kevin Duffy
12th July, 2005______________________
JBChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.