FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUNNES STORES - AND - MANDATE DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. 1. Change of Rostered Hours Without Agreement 2. Breach of Agreement in Respect of Car Park Tickets 3. Claim for Three Day Working Week
BACKGROUND:
2. The case before the Court concerns a claim by the Union on behalf of its members employed at the Kieran Street, Kilkenny branch of Dunnes Stores. The dispute relates to three seperate issues namely- change of rostered hours without agreement, the alleged breach of agreement in relation to designated parking spaces and a claim for a three day working week. In relation to the first issue, the Union contends that the Employer has unilaterally changed the working patterns of its members despite having an internal agreement that states that this should not be done without mutual agreement, of which there was not in this case. The second issue refers to the allocation of staff car parking spaces in a nearby public car park. This car park was previously free of charge until the local council introduced a fee payable for the use of the car park. However in spite of these charges for use of the car park, a number of free spaces were designated to staff of Dunnes Stores and were traditionally allocated on the basis of seniority. This process continued until 2010 when it became apparent that the Employer ceased to renew parking permits to staff who would have been next in line to receive a permit. The Employer has not renewed parking permits since this time despite it becoming known that the Employer owns a section of the land on which the car park is built and also that the local council were not party to the decision to cease the allocation of staff parking spaces. The final issue relates to the Union's claim for a three day working week for those currently employed on part-time contracts of employment. The Union asserts that for reasons relating to social welfare entitlements the Employer previously facilitated part-time workers to complete their assigned hours over a three-day period even though they were contractually obliged to complete their hours on a five days over seven pattern. The Union is currently seeking the re-introduction of the three day week. The issues could not be resolved at local level despite the Union's many attempts to do so.
On the 22nd February, 2011 the Union referred the issue to the Labour Court 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 18th March, 2011. The Employer did not attend and was not represented at the hearing.
UNION'S ARGUMENTS:
3. 1. The Employer has unilaterally changed the working patterns of senior members of staff who have established a work pattern over a number of years.
2. The Union asserts that there is no apparent reason as to why the Employer will not re-allocate the staff parking spaces and is seeking the immediate re-introduction of staff parking permits.
3. The Union maintains that the Employer has traditionally facilitated staff with a three day working pattern and should continue to do so.
RECOMMENDATION:
The Court notes with regret that the Company declined to attend the hearing so as to put forward its side of the case.
The Company and the Union are party to a collective agreement which provides a framework for the resolution of industrial relations disputes. The issues now before the Court are appropriate for resolution through that framework and, as would appear from the uncontested submissions of the Union, the Company have declined to use procedures agreed.
It is an essential requirement of good industrial relations practice that parties to collective agreements abide by the terms to which they have agreed until and unless those terms ore voluntarily renegotiated. In accordance with that generally accepted principle the Court recommends that the Company agree to engage with the Union within their agreed framework with a view to reaching agreement on all issues appropriate to the agreement.
With regard to the specific issues before the Court, having considered the uncontested submission of the Union the Court recommends as follows: -
Change of Rostered Hours
The established rostered hours of those associated with this claim should be restored unless and until agreement can be reached on new arrangements
Car Parking
The Company should continue to honour the car parking agreement reached in 2004
Reduced Working Hours
The Company should facilitate those whose working hours have been reduced to 15 per week to work those hours over a three day week
Signed on behalf of the Labour Court
Kevin Duffy
23rd March 2011______________________
SCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.