Labour Court Database
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File Number: CD87277
Case Number: LCR11319
Section / Act: S67
Parties: KERWICKS NEWSAGENCY - and - ITGWU
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Subject:
Claim, on behalf of one sales assistant, for an increase in pay and annual leave entitlement, under the 26th wage round.
Recommendation:
5. The Court, having considered the submissions made by the
parties, recommends a 24 month agreement for the claimant as
follows:
(1) #5 increase from 24th May, 1986 to 31st December, 1986,
(2) #5 increase from 1st January, 1987 to 30th September,
1987,
(3) #5 increase from 1st October, 1987, to 23rd May, 1988.
The Court also recommends that the worker's annual leave should be
increased to 20 days for the current year.
Division: Mr Fitzgerald Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD87277 THE LABOUR COURT LCR11319
CC861933 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 11319
PARTIES: KERWICKS' NEWSAGENCY
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim, on behalf of one sales assistant, for an increase in
pay and annual leave entitlement, under the 26th wage round.
Background:
2. The newsagency is situated in Callan, Co. Kilkenny. The
worker has been employed there for approximately seven years. The
25th wage round expired on 23rd May, 1986. Her current basic pay
is #75.60 per 40 hour week. With overtime, she earns
approximately #86 per week. She has an annual leave entitlement
of sixteen days. In June, 1986, the Union sought a meeting to
discuss the 26th wage round. This meeting took place in August,
1986. The Union sought an increase in pay to #100 per 40 hour
week and an increase in annual leave entitlement to 20 days per
annum. Following a series of meetings, the claim was revised to
an increase in basic pay to #91.60 in two equal phases with
payments of #9 and #7 over twelve months and an increase in annual
leave entitlement to 18 days. The employer's final offer was an
increase of #3 from 24th May, 1986, for a twelve month period. No
offer was made in relation to annual leave entitlement. This
was not acceptable to the Union and the matter was referred to the
conciliation service of the Labour Court on 18th November, 1987.
A conciliation conference was held on 26th March, 1987. The Union
side indicated that it would have been prepared to accept a #15
increase over 24 months in three phases of #5 each, with
additional improvements in holiday entitlements. However, no
agreement was reached and the matter was referred to a full
hearing of the Labour Court. Subsequently, however, the employer
withdrew agreement to the referral. The Union then referred the
matter to the Court under Section 20(1) of the Industrial
Relations Act, 1969. The hearing took place on 25th June, 1987.
Prior to the hearing, the Union agreed to be bound by the Courts'
recommendation.
Union's arguments:
3. (i) The Union considers that its claim is very modest both
in relation to wages and holiday entitlement, given
current norms. The existing levels of wages and
annual leave entitlement are seen as being very
inadequate.
(ii) In support of these contentions the Union supplied
details of wages in Easons newsagency, a business
which the employer quoted as supplying a guideline.
(iii) Rates existing in similar employments in the Kilkenny
area (details supplied) and the minimum rates of pay
established by the Labour Court through the various
Joint Labour Committees also indicate that this
worker's wages and annual leave entitlement are well
below the norm.
Employer's arguments:
4. (a) The business is a family run one in a small town. It
is in competition with two other newsagents in the
town and a mini-market. The employer cannot afford
any increase above that which has been offered. The
offer is in excess of the increase in the inflation
rate.
(b) The figures quoted by the Union in relation to wages
elsewhere are not relevant. The relevant comparisons
are with other similar employments in Callan town and
the employer considers that the worker's wages compare
favourably with these.
RECOMMENDATION:
5. The Court, having considered the submissions made by the
parties, recommends a 24 month agreement for the claimant as
follows:
(1) #5 increase from 24th May, 1986 to 31st December, 1986,
(2) #5 increase from 1st January, 1987 to 30th September,
1987,
(3) #5 increase from 1st October, 1987, to 23rd May, 1988.
The Court also recommends that the worker's annual leave should be
increased to 20 days for the current year.
~
Signed on behalf of the Labour Court
16th July, 1987 Nicholas Fitzgrald
A.K./P.W. Deputy Chairman