Labour Court Database
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File Number: CD87911
Case Number: LCR11644
Section / Act: S67
Parties: ROCHES STORES (DUBLIN) LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION
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Subject:
Claim on behalf of eighty general operatives for the introduction of service leave.
Recommendation:
5. The Court, having considered the submissions made by the
parties, does not recommend concession of the claim.
Division: Mr Fitzgerald Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87911 RECOMMENDATION NO. LCR11644
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ROCHES STORES (DUBLIN) LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim on behalf of eighty general operatives for the
introduction of service leave.
BACKGROUND:
2. As part of its claim under the 27th wage round the Union
sought the introduction of service leave in the Company. This was
rejected by management. However, as part of the 27th round
settlement terms, the Union reserved its right to pursue this
claim. Service pay of 75 pence after five years' service up to
#3.50 after thirty years' service currently exists. Annual leave
entitlement is 20 days per annum plus Good Friday. The claim was
referred to the conciliation service of the Labour Court on 23rd
July, 1987, along with the wage round claim and was discussed at a
conciliation conference on 6th August, 1987. Agreement having
been reached on the issue of the wage round, the matter of service
leave was referred to a full Court hearing on 26th November, 1987.
The Court hearing took place on 16th December, 1987.
UNION'S ARGUMENTS:
3. 1. Many of the workers employed by the Company have long
service, some in excess of thirty years. The Union considers
that the current service pay is not adequate recognition for
such service.
2. The Union is seeking the introduction of a service leave
scale as follows:
1 to 2 years' service : 20 days
3 years' service : 22 days
5 to 7 years' service : 23 days
7 to 10 years' service : 24 days
10 years' plus : 25 days
3. The normal annual leave entitlement has not been improved
in many years.
4. Service leave is not an uncommon feature of many
employments. It exists in another large retail drapery store
in Dublin (details supplied).
5. Service leave formed part of the conditions of employment
in this Company in the past. When annual leave entitlement
was ten days, workers with more than five years service
received an additional five days annual leave.
COMPANY'S ARGUMENTS:
4. 1. In recent years the Company's sales volumes have fallen
considerably. At the same time costs, including payroll
costs, have increased significantly. The Company has made
clear to the Union its objective of securing a wage round
settlement which reflects the current situation in the retail
trade.
2. In the course of the 27th wage round no retail employer
has increased holidays or improved any condition of
employment other than pay. The Labour Court has rejected a
number of claims for increases in service leave. In other
cases leave entitlement was brought up to that currently
existing in this Company.
3. The current holiday entitlement is identical to that of
all similar workers in the retail trade, with the exception
of one where a productivity agreement was recently concluded.
4. Pay deals have been concluded by Roches Stores in Dublin,
Cork, Limerick and Galway in which the only claim addressed
is pay.
RECOMMENDATION:
5. The Court, having considered the submissions made by the
parties, does not recommend concession of the claim.
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Signed on behalf of the Labour Court
Nicholas Fitzgerald
________________________
14th January, 1988 Deputy Chairman.
A.K./J.C.