FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(2), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CALLAN CO-OPERATIVE SOCIETY. - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Extended opening as normal on-going change under Clause 1.9(iv) of T16 for the Private Sector
BACKGROUND:
2. This case concerns a dispute between Callan Co-Operative Society Ltd and SIPTU in relation to extended trading hours. Management at the Co-op contend that the extended opening hours can be considered as normal ongoing change under Section 1.9 (iv) of Towards 2016. The Union's position is that the changes sought are well in excess of normal ongoing change and are claiming the introduction of a Christmas bonus of €250 per person rising at a rate of €50 per year for five years to €500.
Management contend that it is operating in an extremely competitive environment and cannot sustain the additional costs involved.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 6th March, 2007. A Labour Court hearing took place on 5th June, 2007
UNION'S ARGUMENTS:
3 1The changes required of the staff go well beyond the "normal ongoing change" provided for in Towards 2016. These changes are signficant as they require workers to arrange additional childcare and to change other personal commitments.
2 The Union's claim for the introduction of a Christmas bonus is fair and reasonable in the circumstances.
CO-OPS ARGUMENTS:
4 1. The Co-op is operating in an extremely competitive environment. The extended opening hours are essential if it is to remain viable and protect employment into the future.
2 The co-op have applied wage increases applicable under Towards 2016 and consider the extended opening hours as normal ongoing change provided for in that agreement.
RECOMMENDATION:
Having considered the submissions made by the parties, the Court recommends that the Company's offer be increased to a once-off lump sum of €250 per person, payable at Christmas 2007.
Signed on behalf of the Labour Court
Raymond McGee
3rd July 2007______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.