INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
DUFFY GROUP LTD
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
1. Pay increase.
2. The Union is in dispute with the Company over a number of issues such as the number of full-time jobs, conditions of employment for part-time workers, a procedural agreement and in particular the rates of pay at Londis Supermarket, in Blakestown, It claims that its members should be paid the Joint Industrial Council (JIC) rates of pay rather than the Joint Labour Committee (JLC) rates of pay. The Union issued strike notice to expire on the 30th May, 1996.
The Company rejected the Union's claim and argued that it was paying the proper rate for the job - JLC rates. It believes that the JIC rate is more appropriate to the large multiples and not to small stand alone shops such as Londis in Blakestown.
As no agreement was possible between the parties the dispute was referred to the Conciliation Service of the Labour Relations Commission. A conciliation conference was held on the 29th May, 1996. At this conference the Union indicated that it would take industrial action if no agreement was reached. The Company proposed that the issue of pay be referred to the Labour Court. The Union declined and industrial action commenced on the 31st May, 1996. The dispute was referred to the Labour Court on the 5th June, 1996. The Court investigated the dispute on the 7th June, 1996.
3. 1. The JLC rates of pay are not appropriate to outlets like Londis, Supervalu and Centra. The Union contends that the JIC "Quinnsworth" rates should apply.
2. The Union put forward a procedural agreement in November, 1995, which covered various matters, including grievance procedures, but the Company never responded.
3. Where issues were agreed and accepted by both sides they were never implemented by the Company.
4. The Union is prepared to accept a phased implementation of the JIC rates of pay. It is not prepared however, to allow the present conditions of employment at the store to continue..
4. 1. The Union's claim is cost increasing and is precluded under the terms of the PCW.
2. The opening of the Blanchardstown Shopping Centre and Quarryvale later this year will impact greatly on the Company.
3. The Company is paying the JLC rates of pay which are proper to small outlets like Londis.
4. The industrial action undertaken by the Union is in breach of the terms and spirit of the PCW.
The Court having considered all of the views expressed by the parties in their oral and written submissions finds that the present industrial action is contrary to the terms of the PCW.
Further the Court finds no grounds have been adduced to show that the rates of pay applying in this shop are inappropriate for the outlet concerned.
The Court considers that if there are individual cases where it is considered the rates of pay are out of line with those provided for under the Employment Regulation Order then the appropriate action should be taken to remedy these.
In the interests of developing and improving the industrial relations climate the parties should, as a matter of urgency, seek to agree a procedural agreement.
As a gesture of good will and with a view to improving the climate generally the Court recommends that the Company concede an extra increment on the scale to all staff.
Signed on behalf of the Labour Court
18th June, 1996______________________
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.