FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : PENNEYS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - MANDATE DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. 1. Car parking 2. Disturbance / re-location.
BACKGROUND:
2. The Union's claim is on behalf of its members who relocated from Long Walk Shopping Centre in Dundalk to New Marshes Shopping Centre in Dundalk. There are two claims - (1) for continuation of free staff car parking and (2) compensation. Approximately 56 workers were involved in the transfer and 26 had enjoyed free car parking at Long Walk Shopping Centre. The Union is seeking that the Company provides free parking for all. At present it will cost employees approximately €30 per month for parking. The Company indicated that it would do what it could to provide free parking for the 26 workers who had enjoyed it previously. On the second issue the Union is seeking some form of compensation for the disturbance involved in the relocation, possibly a night out for the staff involved.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 3rd of January, 2006., in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th of April, 2006.
UNION'S ARGUMENTS:
3. 1. Staff fully co-operated with the move which involved working in very difficult conditions for the first four weeks as building continued on the site.
2. The 26 staff who previously had free parking will now have to pay approximately €350 per year (as will all other staff).
3. In 1994, the Company was involved in another relocation. Part of an agreement reached involved treating staff to a night out with a meal and drinks.
COMPANY'S ARGUMENTS:
4. 1. The Company does not have a choice in regard to free parking. It had discussions with management of Marshes Shopping Centre which confirmed that free parking would not be available to employees working in the Centre.
2. The distance between the old and new store is less than half a mile and the degree of disturbance does not justify any compensation. Staff enjoy a greatly improved work environment and rest area facilities.
RECOMMENDATION:
The Court has considered the submission made to it by the parties.
It is the Recommendation of the Court that the matters in dispute be resolved in the following manner.
(1) the Union should accept the Company's offer of 26 nominated parking places for those who enjoyed this condition previously, and,
(2) given the precedent set, unique to this store, in 1994, the Company should treat the staff to a night out, with a meal and drinks provided, in a local hotel.
Signed on behalf of the Labour Court
Raymond McGee
25th April, 2006______________________
CO'N/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.