FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TESCO IRELAND LTD - AND - MANDATE SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Allocation of Christmas Sunday Overtime
BACKGROUND:
2. This case concerns a dispute between the Company and Unions in relation to the allocation of hours of work on the designated "Christmas Sundays". The parties entered into collective agreements in 1996 (Mandate ) and 1997 (SIPTU). The agreements provided that those whose employment predated the agreements and who did not have a liability for Sunday working would receive treble time and those employed post the agreements would have a liability for working on three out of four Sundays and would receive double time when working the identified "Christmas Sundays."
The Unions are seeking that the workers who had established a continuous pattern of working on the Sundays in question continue to be rostered prior to them being offered to others. Management contends that it must offer the additional firstly to those with a liability to work on Sundays and fairly across all staff members thereafter.
The dispute was not 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 22nd June 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 25th August 2015.
UNION'S ARGUMENTS:
3 1 The Union does not accept Management's assertion that those workers with a liability to work on Sunday's be offered the hours in the first instance and the remaining hours be offered on a fair and equitable basis to others. The Union contends that the hours should firstly be offered to those who have continuously worked the relevant Sundays
MANAGEMENT'S ARGUMENTS:
4 1 This issue has only arisen in recent years due to changes in trading and business levels and a reduction in the Company's market share. Previously there was no shortage of hours available to all staff. In the current circumstances Management considers it appropriate for the hours to be carried out by those with a contractual obligation to work on Sundays and fairly to all other staff thereafter.
RECOMMENDATION:
Having considered the submissions of the parties the Court recommends that the dispute be resolved on the following basis: -
1.The same arrangement as those that were applied in 2013 should apply in respect of the Christmas period 2015.2.The parties should accept that due to the passage of time and changes in trading conditions since their conclusion, the Agreements of 1996 and 1997 are in need of renegotiation.
3.The parties should commence negotiations on updating those agreements as soon as practicable following acceptance of this Recommendation
4.Should the parties fail to reach full and final agreement in those negotiation outstanding issues may be referred back to the Court.
Signed on behalf of the Labour Court
Kevin Duffy
8th September 2015______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.