OUR CLAIM IS JUST ... Dunnes workers set down marker - AUGUST 2019 - Mandate Trade Union
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SHOPFLOOR MANDATE TRADE UNION AUGUST 2019 l RIGHT TO REPRESENTATION l FAIR PAY l ANNUAL LEAVE l FULL-TIME JOBS l ALLOCATION OF HOURS l SCHEDULING OUR CLAIM IS JUST ... Dunnes workers set down marker PAGE 3
COVER NEWS STORY OPINION To VOTE or NOT to VOTE? AS THE dust settles on the Local and European election results STRAIGHT of water charges and water pri- vatisation, a carbon tax targeted All of this was only achieved be- cause of the size of the broad left we ponder the significance of at those who can least afford to block in the current Dáil, any ero- these results and what they mean for workers, their families and their communities. TALKING pay, policies that continue to favour vulture funds and land- lords over the provision of public sion of this left block will make fu- ture progress on progressive socialist issues unachievable. In More than 10 years on from the financial crash of 2008 which John Douglas housing and a continuation of weak trade union and collective fact, I predict significant row-back unless we mobilise. caused and continues to cause so General Secretary, bargaining rights for workers. One hundred years ago our first much hardship, we ask: is the col- Mandate Trade Union The trade union movement, Dáil met in the Mansion House in lective memory of workers so short progressive political parties and Dublin and adopted the Demo- that they and their families have cratic Programme for the new Re- tacks on workers, families and com- community groups must do a lot forgotten the hardships imposed more to reach out to the 50% of public which reads as follows: munities. by the parties to austerity? Have “It shall be the first duty of the Gov- Is our collective memory that short non-voters. We must instil a be- ernment of the Republic to make pro- we forgotten the 500,000 young lief that change can happen but or that easily erased by crumbs from vision for the physical, mental and Irish workers who were forced to only if we act together. We must the rich man’s table that we have for- spiritual well-being of the children, to seek work in Australia, Canada, USA reject compromise and or collab- and further afield? The broken fam- gotten these hardships and those re- secure that no child shall suffer oration with those parties that ilies? The broken lives? The broken sponsible? One might think that the hunger or cold from lack of food, have imposed and continue to dreams? 50% of those who did not vote did so support a system that is funda- clothing or shelter.” because they do remember those re- mentally unequal. Twelve months is a long time in First thing of note with the May sponsible for the austerity policies politics, let us mobilise together to 19 elections is that less than half of It’s not by accident that vul- Irish citizens entitled to vote both- and even if this is partially true, not ensure that the vision of our first ture funds and banks are pay- ered to vote, many of these are voting acts as a buffer zone between Dáil in 1919 is realised. ing zero taxes, but because they from the very communities hardest real regime change and those elites share/serve the same interests hit by the austerity policies im- who firmly have their hands on the as those in power – like the pro- posed to save the global financial levers of power. posed water charges regime, system. If we on the broad left are serious carbon taxes will be aimed at While one can readily under- about regime change, then we have the ‘ordinary man and woman’ stand the alienation of these com- an obligation to do all that it takes to while the big corporations and munities from the political educate and mobilise voters for polluters get away scot free. system, not voting is not an effec- change. We have won some minor vic- tive protest, walking off the pitch There will be a general election tories during the term of this Dáil and conceding the game to the within 12 months in Ireland and if we – we have stymied water charges opposition achieves nothing. do nothing, the conservative neolib- to an extent; we have won Of the 50% of those citizens that eral political class and its supporters banded hours’ legislation for pre- bothered to vote more than 50% will strengthen their position. carious workers; we will win leg- voted in favour of political parties If this transpires, anti-worker and islation on wage/tip theft; and that imposed and support some of anti-community policies will follow. we got majority Dáil support for the cruellest and most severe at- We might well see the re-introduction a Charter on Housing. Shopfloor is published bi-monthly by Mandate Trade Union. Mandate Head Office, O'Lehane House, 9 Cavendish Row, Dublin 1 T: 01-8746321/2/3 F: 01-8729581 W: www.mandate.ie Design & Editing: Brazier Media E: braziermedia@btinternet.com. Shopfloor is edited, produced and printed by trade union labour IT PAYS TO BE IN THE UNION... Paddy Power ‘cash out’ €100,000 for denial of staff rest breaks MANAGEMENT in Paddy Power judication officer was issued on future.” Mr McNamara continued: to engage and allow their workers have conceded almost €100,000 to July 5. “The company has now confirmed the right to trade union representa- staff for the denial of rest breaks in Mandate Divisional Organiser that it will not be appealing those tion leaving Mandate with no alter- 92 separate cases. Robert McNamara told Shopfloor: decisions and has paid out on all native but to seek an intervention Mandate, which represents “Our members are delighted to see monies owed to our members.” in the Workplace Relations Com- around 300 workers at the book- this process end with compensa- Mandate has written seeking a mission. makers, said the cases have now tion of between €700 and €1,000 meeting with the company to dis- Mr McNamara added: “If the proceeded through the Workplace per member for the denial of their cuss a range of issues, including a company continues to deny their Relations Commission (WRC) and rest breaks. pay increase, a sick pay scheme, workers their democratic right to the company has agreed to com- “Hopefully Paddy Power and all safe staffing levels and Sunday pre- representation, we will have to con- pensate the workers. companies ensure their workers mium rates of pay. sult with members to determine fu- The final WRC decision by an ad- get their basic entitlements in the Management has so far refused ture actions.” 2 y SHOPFLOOR August 2019
NEWS FAIR PAY & CONDITIONS Mandate lodges Dunnes pay claim as campaign rachets up By David Gibney Mandate communications officer Where did this claim come from? Mandate has conducted several surveys of Dunnes 1. RIGHT TO REPRESENTATION MANDATE has lodged a pay claim with Dunnes Stores Stores workers and workers in the retail sector generally. seeking a fair pay increase for all workers in the company; Through those surveys, and through discussions with a new equal pay scale that would enable all workers to members and activists we have developed this claim, Dunnes Stores management must recognise and respect achieve the top point; more full‐time jobs; fairer schedul‐ which was amended and sanctioned at a meeting of their workers’ right to individual and collective ing and, most importantly, a right to trade union represen‐ Dunnes Stores activists on Wednesday, July 10. tation for individual and collective purposes. representation by their trade union. Dunnes Stores is notoriously anti‐trade union so it is un‐ What next? likely that the claim will be achieved in full without an in‐ tensive campaign which receives buy‐in from all Dunnes workers across the country. The next steps in our campaign for decent jobs in Dunnes Stores is for all Dunnes workers to get engaged. 2. FAIR PAY & ANNUAL LEAVE We need as many workers as possible to sign the endorse‐ Through Shopfloor, Mandate is launching an endorse‐ ment of this claim and be prepared to mobilise others to ment facility where Dunnes workers can express their support it. Create one equal pay scale starting at the Living Wage with support for the campaign. This facility can be accessed by In the coming weeks and months Mandate will be or‐ access to top point after 10 years service. Additional annual going to https://tinyurl.com/Dunnes2019 ganising local meetings and all Dunnes workers are en‐ leave entitlements based on service with the company. couraged to attend. Is this claim achievable? Mandate has lodged a similar claim with Tesco Ireland. GO TO: https://tinyurl.com/Dunnes2019 SERVICE RATES OF PAY ANNUAL LEAVE Pay equality has proven to be a major issue for many I call on Dunnes Stores Ireland Dunnes members and with the new Living Wage declared management to engage with my YEAR 1 €12.30 21 DAYS at €12.30 per hour, this is the starting point for the pro‐ LIVING WAGE posed pay scale with rewards for long service. union to address our pay and Your union believes that these conditions of employ‐ benefits claim for 2019. ment are the minimum a worker should expect when YEAR 2 €13.30 22 DAYS working for a highly‐profitable retail employer in Ireland. Dunnes Stores does not publish its profits in Ireland. However, from extrapolating data from Eurostat and the YEAR 3 €14.30 23 DAYS CSO, we can estimate that Dunnes is generating more than €200 million in profit every year. YEAR 4 €15.30 24 DAYS If Dunnes workers were to successfully achieve this claim it would mean a loss in profits of between 15%‐ 20%. It is Dunnes Stores workers who generate the YEAR 5 €16.30 25 DAYS profits for the company so it is only right that those very workers should be rewarded appropriately. 3. FULL-TIME JOBS & ALLOCATION OF HOURS The creation of more full-time jobs with a ratio of one full- time to one part-time worker. Additional hours should be offered on a fair and equitable basis to existing staff before hiring new workers. 4. SCHEDULING Fairer scheduling for a better work/life balance. Picture: Phalinn Ooi (CC BY 2.0) PENNEYS Management’s response to pay and benefits claim blasted MANDATE representatives have ex‐ to the Workplace Relations Commis‐ the matter was referred to a full hear‐ wrote: “Your union representatives being generated deserve greater pressed “extreme disappointment” at sion (WRC). The union had sought: ing of the Labour Court. expressed extreme disappointment recognition for your hard work in the the “less than satisfactory response” l 3.4% increase for 12 months Penneys had responded to the at what they considered to be a less form of a better pay increase. from Penneys management to the across all hourly rates; claim by offering: than satisfactory response from the “This is why they have no hesita‐ 2019 pay and benefits claim lodged l Improvements to the banded l 1.7% pay increase; and company and the fact that your pay tion in sending your claim on to the by the union on behalf of members hours agreement; l An adjustment (downwards) to increase is eight months overdue. Labour Court for their consideration. working for the retailer. l Improvements to rostering; and the unsocial hours premium from ‘Given the unprecedented success “You should also be aware that Negotiations began at the start of l Increased service days. 7am to 5am. of the Penneys business here in Ire‐ when an agreement is finally reached the year but agreement could not be Two meetings took place at the In a July 26 communication to land they believe that you the work‐ your union will insist that all back reached following a number of meet‐ WRC, the second on July 26, but again Mandate members in Pennys, Assis‐ ers who are largely responsible for money due from the start of this year ings and the claim was later referred there was no meeting of minds and tant General Secretary Gerry Light the huge amounts of profits that are will form part of it.” August 2019 y SHOPFLOOR 3
NEWS TESCO We demand respect and dignity in the workplace By Brian Forbes Mandate National Coordinator A PACKED meeting of Tesco activists Gerry Light wrote to Frank Timmins, Tesco Ireland’s Head of Employee Re‐ lations, to apprise him and the com‐ took place on Wednesday, July 24 at pany of the feelings that had been the CWU HQ in Dublin. Its purpose expressed by union activists. was to discuss Tesco Ireland’s current He informed Mr Timmins that the anti‐union position towards Mandate mood at the gathering was “both as well as the increasing difficulties angry and determined”, adding that, and frustrations being experienced “it was unanimously decided that by union activists at store level. such non‐engagement around impor‐ Despite the anger expressed at the tant issues as those contained in the gathering – aimed exclusively at the claim would not be tolerated any retailer – the meeting was exception‐ longer.” ally positive. It left everyone present Accordingly,” he continued, “I was in no doubt as to the resolute deter‐ instructed to write to the company mination of the union’s Tesco mem‐ bership to have their voice heard loud one last time to once again seek en‐ and clear both in the boardroom of gagement on all aspects of the claim.” Tesco Ireland and across the national In the letter, dated July 26, Mr Light network of local Tesco stores. underlined to Tesco management Assistant General Secretary Gerry that if they did not engage “within a Light told the meeting: “In April of reasonable timeframe”, the union this year your pay and benefits claim General Secretary John Douglas and Assistant General Secretary Gerry Light answered questions from the floor at the July 24 meeting would then “immediately commence for 2019 was launched. Together we to organise its members in Tesco Ire‐ sought the creation of one equal pay land, their families, their communi‐ scale which would have the effect of ties and the wider trade union moving everybody upwards in rela‐ movement and political parties” to tion to what they currently earn. take part in a national day of public “We sought fairer scheduling for a protest to highlight how the union better work‐life balance, which and its members had been treated means greater certainty over work‐ over the last three years. ing patterns and which means every‐ Warned one gets a minimum of a four‐week He warned Tesco that if such an ac‐ roster.” tion failed to achieve its “desired ob‐ Agreements jective”, then a national shop He continued: “We want to see the stewards meeting would be convened creation of 1,000 full‐time jobs and, “to discuss and decide on further ac‐ most importantly, to get your em‐ tions up to and including industrial ployer, Tesco Ireland, to fully respect action at a time and manner of our and comply with all existing collec‐ choosing.” tive agreements negotiated in the In a video message later broadcast past with your union, which means over social media, Mr Light, address‐ they accept your right to be individu‐ ing Mandate members and non‐mem‐ ally and collectively represented by bers in Tesco, said: “At this stage we your union. have taken all of the reasonable steps Mr Light added: “Make no mistake, to try and get your employer to mean‐ this last demand – which calls for re‐ ingfully engage with you through spect and dignity in the workplace – your union. It is clear after nearly is critical because without it your three years that they are determined voice at work will be weakened sig‐ Activists Tony Meehan, above, and Denise Curran, below, make contributions to what was a lively and robust debate held at the CWU HQ in Dublin not to do so. nificantly over a surprisingly short who have demonstrated a unique un‐ vidually endorse the claim online – “Equally you must be determined period of time until it is silenced and derstanding of exactly what it would and members responded in their to show that you will not be treated ignored altogether by Tesco.” mean for them and their families if thousands. Importantly, the overall like this any longer and that collec‐ Mandate General Secretary John Mandate wasn’t active and delivering response towards endorsing the pay tively you are prepared to bring your Douglas underlined the need for a on the ground at local level and na‐ and benefits claim has been excep‐ tional and certainly without prece‐ fight for respect and decency at work sustained campaign to secure a voice tionally on behalf of all our members. dent within Mandate. to a new level. for workers at Tesco. Mr Douglas concluded by saying: “Working together we all must en‐ Not surprisingly, albeit disappoint‐ “This is what the thousands of He told activists: “The successful delivery of our Tesco pay and benefits sure that we have a very good chance ingly, despite being requested by union members who have endorsed campaign will require continued in‐ of achieving the aims and objectives Mandate to engage around the issues the current claim want and whilst tense engagement with our members of our claim, so it is imperative that contained in the claim, Tesco senior your employer thinks they can just ig‐ and the continued development of a every individual stands behind their management have to date refused to nore this reasonable demand your sustainable and robust union infras‐ union because by standing together do so. union does not. tructure in Tesco. with one union voice in Tesco, we can However, one thing is for sure, “That is why together we should be “We are exceptionally proud of the and we will win.” Tesco bosses cannot claim ignorance all determined to do something to work being done in Tesco by our As a vital component of Mandate’s about the depth of anger felt by Man‐ bring about positive and lasting union officials and organisers work‐ pay and benefits campaign members date members working for the re‐ change for you and your fellow union ing alongside our local union activists were given the opportunity to indi‐ tailer. Following the July 24 meeting, members employed in Tesco Ireland.” 4 y SHOPFLOOR August 2019
NEWS Picture: otama (CC BY 2.0) SPOTLIGHT ON... Pay and benefits claim TESCO members of Mandate lodged a claim for TABLE 1 TABLE 2 improvements to pay and conditions of work for all Tesco workers on April 3. Potential The claim would dramatically improve living Hourly 20 hours 25 hours 30 hours 35 hours 40 hours annual standards for Tesco workers, including pay in‐ benefit benefit creases, fairer scheduling, full‐time jobs and a voice at work. Year 1 €1.34 €26.80 €33.50 €40.20 €46.90 €53.60 €2,787.20 Pay rises and the Living Wage Year 2 €2.44 €48.80 €61.00 €73.20 €85.40 €97.60 €5,075.20 All new employees in Tesco start on an hourly rate of €10.56, but where an employer can af‐ Year 3 €3.02 €60.40 €75.50 €90.60 €105.70 €120.80 €6,281.60 ford it, such as Tesco, workers should be paid the Living Wage of €11.90 per hour. Year 4 €2.05 €41.00 €51.25 €61.50 €71.75 €82.00 €4,264.00 The Living Wage is determined by an inde‐ pendent technical group comprising of re‐ searchers, academics and economists and it Year 6 €3.05 €61.00 €76.25 €91.50 €106.75 €122.00 €6,344.00 seeks to “provide an adequate income to enable individuals to afford a socially acceptable mini‐ mum standard of living.” TABLE 3 TABLE 4 As we all know, the cost of living in Ireland is extremely high, with housing costs rising by more than 80% since their lowest point in 2013. Meanwhile, most Tesco workers’ wages have only grown by 8%. The Living Wage has already been paid by some of Tesco’s competitors, including Lidl, Aldi and IKEA. Tesco can easily afford to pay it too. Two separate surveys of thousands of Man‐ date members working in Tesco indicated that “pay equality” is at the top on their agenda, with more than 90% supporting it. In order to achieve pay equality, we need to move workers towards one pay scale, as pro‐ posed by Mandate [SEE TABLE 1]. While Tesco management would prefer to harmonise workers’ pay downwards, which is already on their agenda (see pre‐1996 dispute), the 2019 pay and benefits claim would move all workers up to the highest point on the pre‐2006 pay scale of €15.49 per hour. When you factor in a pay increase for 2019, that figure becomes €16 per hour. TABLE 5 profits with its workers. [SEE TABLE 5] It is clear that Tesco is a highly profitable em‐ ployer, generating enormous profits, dividends What does this mean for you? and generous pay packets for its executives, so Here are a few examples... it can certainly share some of those profits with its workers if it wished to. It won’t succumb l If you were employed after 2006 and you without pressure from union members work 30 hours per week, it will mean an extra: though. + €3.05 per hour Tesco’s strategy to date has been to + €91.50 per week divide workers and play one group + €4,758 per year. against the other. They pitted pre‐1996 workers against post‐1996 workers lIf you were employed before 2006 and you where they are refusing to pay some work 35 hours per week, it mean an extra: workers an 8% pay increase. + €0.51 per hour Once Tesco have finished with this + €17.85 per week group of workers, they will go after the + €928.20 per year next cohort, the pre‐2006 group who now ments? It earn €1.18 per hour more than the pre‐1996 Here’s a chart [SEE TABLE 2] that should help seems senior workers. After that, it’s the post‐2006 group. any post 2006 workers to calculate what in‐ executives are taking more than The pay and benefits claim for 2019 is fair and their fair share of the profits. achievable provided all workers stay united in crease you would be entitled to should the Earlier this month it was an‐ their union. claim be successful. nouced that Tesco’s CEO Dave Of course management will tell you that it is Lewis earned €5.21 million in 2018. not possible. Obviously it’s in their interests to Is the claim affordable For context, it would take a Tesco Ire‐ keep workers’ pay low. They will probably offer for Tesco Ireland? land worker more than 200 years to a 2% or a 3% pay increase which is entirely in‐ sults, Tesco said that its earn what the CEO earned in just one year. sufficient for a company making the enormous Tesco do not disclose their profits in Ireland. sales rose 11.3% to £56.9bn That’s obscene. [SEE TABLE 3] profits that Tesco are. Instead they hide them within their UK figures. (€66.1bn) in the 12 months to February on a As for shareholders, they’re also getting their However, we can estimated profits using data constant currency basis, while its operating cut. Another article published in April stated: from the Central Statistics Office and Eurostat, profit surged 33.5% to £2.2bn (€2.5bn).” “Tesco doubles annual dividend as profits surge Next steps... while also taking into account how they are In Ireland, its retail revenue, came to €2.68bn by a third.” [SEE TABLE 4] doing across the UK and Ireland combined. for 2018, compared to €2.57bn in the previous It is estimated that the company is generat‐ If you believe Tesco workers are entitled to One indicator of how the company is doing is year, an extra €110 million. ing between €250m and €370m in profit from better pay and conditions of employment, and contained in a newspaper headline on April 11, The Irish chief executive, Kari Daniels, said its Irish operations. The full cost of implement‐ you support the Pay & Benefits Claim for 2019, 2019: ‘Tesco’s £2.2bn profit beats expectations the company had “increased volumes, transac‐ ing the pay and benefits claim would come to you go to https://www.surveymonkey.com on turnaround’ tions and basket sizes.” approximately €37m, meaning the company /r/CG3K9ZG to express your support. The article continued: “Releasing full‐year re‐ So who is benefiting from these improve‐ would be required to share only 10‐15% of its Together we are stronger. August 2019 y SHOPFLOOR 5
NEWS HNFTU Executive Vice President Kou Wujiang, second right, headed up the delegation. A range of issues were discussed during the subsequent meeting in Mandate HQ Brian Forbes, left, United front: Mandate officials join with the HNFTU accepts an exquisite delegation along with CWU’s Steve Fitzpatrick, fourth china vase from right, in front of a portrait of celebrated trade unionist and delegation head Kou republican activist Patrick Moran, executed in Mountjoy Wujiang while, below, Prison along with five others on March 14, 1921 Kou shows John Douglas a book of traditional Chinese design, both gifts from HNFTU. The Chinese delegation received in return copies of the 1916 Proclamation, trade union medals and bottles of Irish whiskey Irish welcome for Chinese trade unionists RECENTLY, Mandate was delighted to approach by WRC Inspectors against host a fraternal visit to Dublin by a group of senior trade unionists from the Henan Federation of Trade HNFTU delegation in fraternal visit to Mandate HQ many Chinese restaurants resulting in deportation orders. “Frankly, much more could and Unions (HNFTU) in China. covered by our Chinese comrades in stands in excess of an impressive 18 Brian Forbes told Shopfloor: “We should be done by our Government to Henan is located in the centre of comparison to Ireland is staggering million members. talked at length about what Mandate improve the lives of first, second and the country and is known as the “cen‐ and drew envious gasps from the The Constitution of the People’s could do to assist our Chinese com‐ third‐generation Chinese immigrants tral plains of China”. Mandate attendees. Republic of China forms the funda‐ munities. to Ireland. The visit was coordinated by Mark HNFTU governs 18 municipal mental principle for union activities “Having met previously with the “As Irish trade unionists we must Zhang, General Secretary of Ireland union federations, 18 provincial in‐ and in accordance with the trade Migrant Rights Centre of Ireland we strive for improved conditions for all China Friendship Association, and it dustrial trade unions and 19 grass‐ union law of the People’s Republic of were in a good position to outline to our ethnic communities in the same gave both Mandate and the HNFTU roots trade unions. Each China and the constitution of the Chi‐ our Chinese comrades many of the way that we’d love our own Irish em‐ an opportunity to engage in a range country‐level city or district of cities nese trade unions, the HNFTU plays a difficulties facing the Chinese popula‐ igrants to be treated in other coun‐ of discussions including the organis‐ under the province has founded fed‐ vital and important role in Henan’s tion living and working here in Ire‐ tries.” ing and campaigning work of Man‐ erations of trade unions. political, economic and societal aims. land. The fraternal visit ended with an date, the Chinese community in At present, the number of union HNFTU union structures operate in “We talked about issues related to exchange of gifts and a firm promise Ireland and the work carried out by members in grassroots trade union the tried and tested system of demo‐ the international student visa system, that we’d meet again to further con‐ HNFTU in China. amounts to 215,000 while the overall cratic centralism. family reunification, undocumented solidate our international solidarity. The detail and scale of unionisation figure of union membership in Henan Mandate National Coordinator status and what we see as a targeted Workers of the World Unite! 6 y SHOPFLOOR August 2019
Step Up Programme Mandate launches search Why Member Organisers for Member Organisers... are important... Mandate is delighted to announce the Member Organisers will work on a range of re-introduction of our exciting and innovative different aspects of organising campaigns. Step Up Programme as an initiative to help promote They will spend dedicated time with experienced activism from within our union and to demonstrate union organisers learning the fundamentals of our intention to place workers at the heart of our organising before returning to their original union. Member Organisers will be deeply involved in workplaces and putting the learning into practice. our campaigns, in our organising, in our industrial Members are very effective in helping organise relations strategy and in our training and retail workers. They have the advantage of being development. Successful shortlisted candidates will able to establish a higher level of trust with attend an assessment day in Dublin and if found non-union workers because they can speak from suitable will be placed on a panel for any Step Up personal experience. Member Organisers will vacancies that arise over the next 24 months. understand and relate to the problems that work- ers face on the job and will learn to explain how being a union member can help make changes in Purpose of the Step Up programme... the workplace to correct those problems. Mandate’s member organising programme will Member Organisers are an important initiative provide a development opportunity for activists to under the Step Up Programme dedicated to the be seconded from their employment to Mandate principle of building and developing capacity for a period of time to help activate our current within the ranks of our own membership base. membership, to work and learn alongside our organising team and to organise and recruit non-union workers. The Member Organiser will learn Get involved... new skills that will help them to be work site leaders, Mandate would encourage members to check out have a better understanding of how their union works details of the Step Up initiative on our website and the principles of how workers gain power at www.mandate.ie and if you think you have what it work by forming and/or joining a union. In essence takes to become a Member Organiser then joining our organising department as a Member forward your written application to us straight Organiser for a period of time will equip individuals away either by hard copy to: Mandate Trade with all the skills required to help make a real Union, Brian Forbes, Mandate National difference in the lives of thousands of undervalued Coordinator, 9 Cavendish Row, Dublin 1, and underemployed workers in retail. or by email to: bforbes@mandate.ie August 2019 y SHOPFLOOR 7
NEWS TESCO IT PAYS TO BE IN THE UNION... Labour Court ruling backs the Arklow 14 THE Labour Court has found that Tesco’s decision to launch disci‐ revealed that expired warnings are left on personnel files as it is an ad‐ plinary action against 14 of its work‐ ministrative inconvenience to remove ers for their involvement in “lawful, them. This does not strike the Court official industrial action” at the re‐ More concessions from Lloyds as good practice. tailer was “unjustified and inappro‐ “In the circumstances of this case, priate”. as disciplinary action ought not to Those involved – 12 workers from have been imposed, the Court is of Tesco Arklow and two members of the union’s National Executive Com‐ mittee (NEC) – had been issued with the view that the final written warn‐ ing should be removed physically from the worker’s file and that this Pharmacy ‘positive step forward’ final written warnings for taking part should be confirmed to him in writ‐ IN MID-May Lloyds Pharmacy an- bers “who came together, organ- in industrial action in support of their ing. nounced more major concessions ised and took action for decency contracts of employment and fellow “Therefore, the worker should not on a number of specific union de- and fairness” at the retailer over workers. have been the subject of disciplinary mands. the past two years. The Labour Court supported Man‐ action. In this case, the final written The move was welcomed by The union emphasised that date’s arguments in all 14 of the warning should be removed physi‐ Mandate and described as a “posi- none of these concessions would cases. industrial action cally from the worker's file and he tive step forward’ that would make have been possible without the Explaining some of the back‐ and [that] Tesco should be advised in writing that this a “significant difference in the lives pressure members brought to bear ground, Divisional Organiser Michael had been notified has happened.” of all members of the union work- on the company and claimed it was Meegan told Shopfloor: “A general in writing to that Turning to the other NEC member ing there”. “clear evidence to anyone who is in meeting and ballot was held for mem‐ effect in advance and vice‐president of the union, the A Mandate spokesperson com- any doubt that when workers bers in Tesco Arklow in early 2016. by the workers’ Court noted that the worker’s posi‐ mented: “It should be no surprise come together and are prepared to Members locally voted not to support union. tion within the union had been that the company’s concessions take action, big changes are possi- their pre‐96 colleagues as part of na‐ “It follows that flagged up to the Store Manager who announced on Monday, May 20, ble.” tional dispute. Tesco’s decision to conducted both the investigation and came hard on the heels of a Labour While welcoming the conces- “This meant that a picket could not commence disci‐ Michael Meegan the disciplinary stages of the process, Court recommendation issued the sions, the union underlined that be placed on the Arklow store during plinary action against the workers but that he had “neither compre‐ previous Friday in which the Court there was “still much room for im- the subsequent dispute. Therefore, was unjustified and in‐ hended nor had regard to” the recommended that Lloyds Phar- provement” to be made on terms the 14 pre‐96 members in Arklow – appropriate. Therefore, the outcome worker's status. macy recognise the union. and conditions of employment. who had already voted in favour of in‐ of that disciplinary action – the final It continued: “It is common case The Labour Court decision had And in a direct appeal to Lloyds dustrial action – were given no choice written warning – should never have that both the investigation meeting stated: “In all the circumstances, Pharmacy workers, the Mandate but to withdraw their labour and at‐ been placed on the workers’ person‐ and the disciplinary meeting were the Court recommends that the spokesperson said: “You are also tend at the picket line at Tesco Grey‐ nel files and, therefore, the record of conducted by one and the same indi‐ employer should recognise the well aware from past experience stones.” that warning should be removed vidual i.e. the worker's Store Man‐ union as the representative of that as quickly as things are given Welcoming the Labour Court rul‐ from all of their files.” ager. In his outcome letter following those employees who are in mem- they can be taken away. ing, Mr Meegan said: “All of the mem‐ the investigation meeting, the Store bers are delighted that they were Immunities Manager stated: ‘I can confirm that bership of the union and should “Make sure to continue to engage with it in dealing with the strengthen Mandate by doing your vindicated by the Labour Court and Regarding one of the Tesco mem‐ you were not covered by formal issues which are the subject of this part by asking fellow colleagues to that management was told that they bers, who is also a member of the strike notice and therefore you en‐ claim affecting those members.” join the union in your own shop were wrong to issue them with final union’s NEC, the Labour Court found: gaged in unofficial industrial action. Mandate called for recognition and beyond. Together we are written warnings and that all said “It was confirmed to the Court by the Notwithstanding that you were on to be given to all Mandate mem- stronger!” warnings have to be removed from union that not only was the worker a your own time, the capacity in which the members’ personnel files. member of the union’s NEC, he had, you participated in this action had ef‐ “Furthermore – and of more im‐ in fact, been also an elected officer – fect of engaging in activity that was process as an impartial and unbiased plinary process for having done so, portance – is the fact that the Labour the vice‐president of his local divi‐ damaging the business of your em‐ decision‐maker as he had manifestly the outcome of which was the impo‐ Court confirms that the Tesco indus‐ sion/branch of the union – at the time ployer’.” already arrived at a conclusion in re‐ sition of a very severe disciplinary trial action was lawful and, as such, of the industrial dispute and was, The Labour Court ruling stated that lation to the worker's culpability.” sanction on him”. the members were justified in their thereby, undoubtedly covered by the it was clear the Store Manager had In assessing the appropriateness of The Court found that Tesco’s deci‐ participation and support of the in‐ immunities provided under the In‐ “arrived at conclusions” at the inves‐ the disciplinary sanction against him, sion to launch disciplinary action dustrial action.” dustrial Relations Act.” tigatory stage of the process “that the Court found that the worker in against the work was “unjustified and On the cases involving the 12 mem‐ The Labour Court ruling empha‐ went beyond his fact‐finding role”. question did not take part in unoffi‐ inappropriate”. bers from Tesco Arklow, the Labour sised that as an elected branch officer, It continued: “In fact, he concluded, cial industrial action and had at‐ It concluded: “Therefore, the out‐ Court ruled: “It is clear to the Court he had the legal right in his own time at that early stage of the process, that tended a lawful picket conducted in come of that disciplinary action ‐ the that the picket in which the workers to attend pickets outside of his own the worker had engaged ‘in activity accordance with the Industrial Rela‐ final written warning – should never participated was undertaken in full place of employment in support of that was damaging to the [com‐ tions Act as an officer of a recognised have been placed on the worker's compliance with the requirements of lawful industrial action by his own pany's] business’. It follows that the union and in his own personal time. personnel file and, therefore, the the 1990 Industrial Relations Act and union. Store Manager could not have under‐ Despite this, it found that he had record of that warning should be re‐ constituted at all times lawful, official It continued: “In fact, the employer taken the disciplinary stage of the been “subjected to a flawed disci‐ moved from the file.” Deal secures 2% pay rise and improved roster notification MANDATE members working at two Shopfloor: “Negotiations began in De‐ were discussed. It was agreed the The outlets in Killester and Raheny discussions with the union about se‐ branches of SuperValu in Killester cember 2018. With Brexit on the company would look into this and ad‐ are part of the McKane/McCartney curing talks with the group. and Raheny secured a 2% pay in‐ horizon and its implications on retail dress the issue at the next set of ne‐ Group which also has three other He said: “Mandate organisers have crease in May, backdated to April 1, in general, it was agreed to reconvene gotiations.” stores in Talbot Street, Donabate, and already started with this task and 2019. The deal also saw the introduc‐ talks in March 2019. Mr Callan added: “Staff were ex‐ Dun Laoghaire. have begun to organise at all three lo‐ tion of a two‐week roster notification, “In late April, agreement was tremely happy with the introduction During the talks, Mr Callan sought an increase of one week on what had reached on proposals which were of the two‐week roster as this enables to have the other stores included in cations so staff in these shops can se‐ previously applied. This deal will run later unanimously accepted by mem‐ them to juggle the increasing pres‐ the deal. Currently, Mandate has cure a deal in line with their until October 31, 2020. bers in both stores. Further matters, sures of work/life balance more se‐ members at all three locations and counterparts in Killester and Ra‐ Industrial Officer John Callan told including long‐service increments, curely into the future.” the company agreed to commence heny.” 8 y SHOPFLOOR August 2019
EYES LEFT! A Right begging for help and a ladder; Picture: Erik (CC BY-NC-SA 2.0) that classic image of him Biffo knocking the stuffing out of a 10-year-old by sending him Charlie! flying during an impromptu game of rugger; and our hilari- ous hero’s runaway rugby tackle and televised GBH assault on I FULLY appreciate that drug Maurizio Gaudino during a smuggling isn’t one bit funny. charity soccer match… they However, the Colombian fella who flew into Barcelona airport with half a kilo of cocaine stashed The Eye That Never Sleeps haven’t hurt him one iota. None of these prime exam- ples of utter buffoonery has under his wig deservedly wins the Pablo Escobar ‘Man of the Week’ dented his popularity among The Bicycle Guy Award. Spanish police made the his right-wing conservative “hair-raising” discovery because colleagues. In fact, his popular- he looked nervous and had a dis- ity has blossomed since his proportionally large hairpiece public utterances about Africa under his hat. Toupee or not and “flag-waving piccaninnies” toupee, that was the real life TWO fingers up to all you Pfeffel Johnson, has finally with “watermelon smiles” or his dilemma facing this international “doubters, doomsters and been crowned by Mrs Windsor despicable description of his drug smuggler. Apparently as they gloomsters” because that as supreme commander of the meeting with some young handcuffed him he quipped,“Ah effervescent and enthusiastic Second Galactic Empire of the Ugandan children with Aids well, hair today, gone tomorrow...” “can-doer”, Alexander Boris de UK. who performed a welcome This dishevelled politico, song for him as “Aids-ridden whose long list of anti-immi- choristers”. grant, misogynistic, homopho- The “bicycle guy” with his unruly mop of blond hair and bic and racist utterances have bumbling personality has inex- been variously reported in the plicably become the supreme media, now takes the lead as commander. However, his circus the Empire strikes back against images are now seared into our act as ‘Boris the Clown’ isn’t one that pesky European Rebel consciousness: Supreme bit funny and his popularity is Alliance to help bring some Commander Boris dangling worryingly suggestive of a order back to the Galaxy. from a zip-wire as he helplessly terribly cruel streak at the very Those wonderfully endearing waves a Union Jack while heart of British public life. !!! Hairspray Illustration: Christoph Scholz (CC BY-SA 2.0) Recruitment & Organising We Shall Over Comb! This three day course is designed to provide trade union activists with WHILE we are on the prickly subject of hair, Michael Wolff the knowledge and skills to effectively contribute to and participate in reported in his book Fire and Fury that Ivanka Trump often described her father’s hair mechanics to friends, explaining it their unions Recruitment & Organising strategy. thus: “An absolutely clean pate – a contained island after scalp re- duction surgery – surrounded by a furry circle of hair around the sides and front, from which all ends are drawn up to meet in the Course Content: centre then swept back and secured by a stiffening spray.” The age old issue of Donald Trump’s hair l Building workers power being the subject of speculation and ridicule has finally been put to bed by l Engaging workers Wolff and Ivanka once and for all. For l Talking to the undecided those of you unsure of the finer points of gent’s hairstyling, I’d best describe l Handling objections Trump’s unique hairstyle as a ‘reverse Bobby Charlton’ (pictured left). l Base building and So there you have it friends, Trump’s hair is real, just like his racism, collective action, xenophobia and sexism. If Trump was really serious about identifying and recruiting leaders ditching the coiffured German helmet hairstyle he prefers I’d be happy to l Mapping (workplace and community) suggest he goes for an American Psycho slicked-back look. An American Psycho l Understanding power hairstyle to suit an American psycho. Picture: Public Domain Certification and Progression: Pinata Economics Members who successfully complete this training course will obtain a Mandate Certificate. FINALLY, I’ve started writing my first book, titled ‘Pinata Economics’. To summarise: it’s about how Places are limited. As there is a high demand for this course please ‘trickle-down economics’ actually does eventually ensure you contact your Mandate Union Official or the Mandate Training work but requires us all to beat the rich with thick Centre on 01-8369699 or email mandateotc@mandate.ie to secure your place. long sticks until their money starts flowing out… August 2019 y SHOPFLOOR 9
CONFERENCE REPORTS CONGRESS BDC 2019 Govts Lloyds Pharmacy: must get we haven’t gone serious away, you know on retail RETAIL has been treated for too long as “the Cinderella industry,” Assistant “WE haven’t gone away you know,” was Mandate’s message to Lloyds Pharmacy bosses, delivered at the Congress BDC in Dublin on July 2, as the union promised it had “unfin‐ ished business” with the retailer. The motion also asked the incom‐ ing Executive to lead a campaign call‐ ing on the state to make it mandatory for companies successfully bidding for public contracts “to pay a Living Wage as a minimum or the recog‐ General Secretary Gerry Light told Mandate National Coordinator nised union rates where appropriate delegates to Congress BDC, as he sec‐ Brian Forbes made the comments and to recognise trade unions for col‐ onded an Usdaw motion on the crisis while seconding a Communication lective bargaining where the staff or‐ in the high street. Workers’ Union motion on the award‐ ganise themselves”. ing of public contracts to anti‐union Mr Forbes took the opportunity to He insisted the sector did not get employers. thank CWU members for their sup‐ the recognition it deserved “for the The movers of Motion 13 claimed port during the Lloyds Pharmacy dis‐ significant role it plays” in the econ‐ awarding public contracts to anti‐ pute. omy. “I want to sincerely thank our CWU The movers of Motion 27 flagged trade union firms “facilitated and en‐ comrades who stood strong in soli‐ up the increased competition faced couraged anti‐worker behaviour on darity alongside Mandate members by traditional ‘bricks‐and‐mortar’ the part of employers”. on picket lines during our recent five‐ shops against online retailers and month industrial dispute with Lloyds called on both the UK and Irish gov‐ Pharmacy which is owned by the ernments to focus on creating a “level McKesson Corporation, one of the playing field” as well as put in place a wealthiest global corporations on “robust strategy” to deal with the im‐ this planet.” pact of automation. He told delegates: “I also want to Engage send a direct and unambiguous mes‐ However, Mr Light pointed to sage to Lloyds Pharmacy here in Ire‐ moves being made south of the bor‐ land and their global puppet masters, der by the retail and distribution the McKesson Corporation – we haven’t gone away you know. We have group of the Private Sector Commit‐ unfinished business.” tee of ICTU to engage with retail em‐ ployers, Retail Ireland, on the issue. Dispute He said: “The purpose of the collab‐ Mr Forbes continued: “Our lengthy oration is to agree ways of dealing dispute at Lloyds Pharmacy was with the many challenges facing the Gerry Light: about pay and work conditions as retail sector arising amongst other ‘Retail sector well as a sick pay scheme. The irony things from the fallout of Brexit and needs radical should not be lost that we had phar‐ the ravages being imposed upon blueprint’ macy workers working for one of the brick and mortar stores by new forms wealthiest employers in the world… of technology and online shopping.” “the poor relations” to all other parts what the retail sector needs is a radi‐ and they had to strike for a sick pay Though this engagement was at an of the economy. cal blueprint that is supported by scheme! early stage both sides had identified He continued: “For too many years Government policies that have at “The strikes were also about zero the “essential need” to bring about a retail has been treated as a Cinderella their very heart the protection of tra‐ hour contracts and, very importantly, “radical change in political thinking” industry with little recognition of the ditional retailing and the hundreds of Brian Forbes: about union recognition – the right to to ensure that the retail sector and re‐ ‘Unfinished a union voice at work.” significant role it plays. Given the thousands of job that it provides.” business’ tail workers are no longer seen as magnitude of the challenges facing it Motion carried. He explained that when the Irish Labour Court told Lloyds Pharmacy it should recognise Mandate as a union Mandate’s delegation at that represented a large proportion Congress BDC of the workforce, the retailer “simply refused”. “LloydsPharmacy currently holds contracts with the Health Service Ex‐ ecutive, which is a public state body, while at the same time refusing to ac‐ knowledge the advice given by the Irish Labour Court, another public state body,” he said. “All too often this scenario is repli‐ cated across the private and public sectors as companies such as Lloyds Pharmacy actively seek out and re‐ ceive state contracts while refusing to meaningfully engage with the state’s industrial relations mechanisms.” Mr Forbes added: “These same companies will use to maximum ef‐ fect any legislation that curtails the rights of workers to take industrial action. This blatant cherrypicking of rights and responsibilities by state‐ sponsored companies cannot be al‐ lowed to continue. Trade union rights are human rights!” Motion carried. 10 y SHOPFLOOR August 2019
l Ireland’s old I.R. model ‘broken beyond repair’ l‘If they break our front-line, public sector is next...’ “ have experienced first‐hand how We are fighting INDUSTRIAL RELATIONS bully employers use aggressive anti‐ union tactics to keep their sites with the biggest ‘union free’ and workers in their bully in the schoolyard ” place. “In Lloyds Pharmacy, the company with one hand tied set up a yellow union to block union The tipping point behind our backs organisation and then threw mil‐ lions of euro at a so‐called voluntary exit package in an attempt to clear out what remained of the union – but we are still there and fighting!\ “In Tesco after a strike three years has been reached ago, 2,000 striking workers were taken off union deductions at source, all union officials were – and still are – barred from all Tesco locations, all union and shop steward facilities have been withdrawn, collective agreements are ignored, over 80 union activists have been disciplined THE ‘voluntarist’ model of industrial for taking strike action and another relations is now “in tatters” and “bro‐ 180 have had a cost‐of‐living in‐ ken beyond repair”. General Secre‐ crease withheld for the last four tary John Douglas made the years because they stood with the comments in a speech to delegates union. gathered for the ICTU Biennial Dele‐ “This is the type of intimidation gate Conference in Trinity College, and victimisation common place in Dublin, on July 2. private sector workplaces when Moving Motion 10 on collective workers stand up and demand a bargaining and union access, he re‐ union voice. minded conference that this volun‐ tarist model had its roots in an era Prohibited when major employers “by and “In Dunnes Stores, all union offi‐ large” accepted workers’ rights to or‐ cials are barred from entering all ganise and collectively bargain, and stores – they refuse union access for respected the industrial relations representatives or collective bar‐ machinery of the State. gaining. All union materials are pro‐ But he claimed the problem now hibited. was that employers in the private “In Aldi/Lidl the situation is no sector no longer respected workers’ better – unions are barred and rights to organise or collectively bar‐ workers are intimidated.” gain. Mr Douglas claimed a war for the “They have en masse withdrawn future of organised labour in the pri‐ their consent for the system and you vate sector was being waged against can’t have a voluntarist model with‐ employers who have a “whip in out mutual consent and respect of hand” and a “sympathetic ear” in capital and labour,” he noted, adding government circles and that a “tip‐ that employers had adopted a “new ping point” had been reached. type of approach” over the last “If they break through our front‐ decade. line, the public sector is next,” he “…an approach facilitated and sup‐ cautioned, citing how public sector ported by successive governments – workers had been targeted with the approach is based on fear and in‐ FEMPI legislation and job losses fol‐ timidation of workers.” lowing the 2008 crash. These “bully boy and fear tactics” He told delegates that because the were still a major tool of employers: current game is “rigged against us”, “…the captive workers’ anti‐union unions now demanded equal status, meetings, the union‐busting law General including a Bill of Trade Union firms, the media and customer Secretary Rights and legislation to outlaw the charm offensives, the bogus redun‐ John Douglas victimisation of union members and dancy packages to clear out union speaks at Congress BDC workers. workers, the anti‐union propaganda, “Let us arise and demand a new the denial of access to work sites by Pictures: Kevin Cooper/Photoline Trade Union Rights Act which guar‐ union officials, the anti‐union laws antees the legal right to organise and which stop unions from taking polit‐ workers. “We are fighting with the biggest bully in the ing rights, we have been pawned off with lip service and leg‐ collectively bargain. If it takes a con‐ ical or supportive actions…” schoolyard with one hand tied behind our backs,” he warned islation which – frankly – is as useful as an ‘ash tray on a mo‐ stitutional amendment, so be it.” Because of this, the deck of cards delegates. “For too long our trade union movement has been torbike’!” Mr Douglas gave conference examples of this type l Jimmy Doran: Unions must get was now stacked against unions and treated as second class when it comes to collective bargain‐ of approach encountered by Mandate. He continued: “We radical or become redundant – p29 NEWS M&S members vote overwhelmingly for pay proposals Brown Thomas members vote 99% for deal MANDATE members in Marks & Spencers have voted tracts as permanent roles within the business” imme‐ MANDATE members in Brown Thomas ment set for January 2021. Adjust- overwhelmingly in favour of a pay and benefits claim diately. voted almost unanimously – by 99% – ments have been made to the pay scale negotiated between the union and the company. Mem‐ Mandate Assistant General Secretary Gerry Light in favour of a set of pay and benefits which will make it more equitable and bers voted by a margin of 98% in favour of the pro‐ told Shopfloor: “This deal will benefit both the com‐ proposals for 2019/2020 negotiated all members will receive an extra day posals. pany and our members and is a great example of how between Mandate and management at of annual leave, bringing the total to Despite difficult trading conditions, members will responsible employers and trade unions can get the retailer. 23 days per year. now receive a 4% pay increase over two years, with things done for the betterment of all. The proposals include a 2.5% pay in- Furthermore, from 2020 – an extra the first 2% backdated to February 2019. “Such a strong ballot in favour indicates how clued‐ crease backdated to February 1, 2019 day of annual leave will be given to all A reduction in temporary contracts means the com‐ in our members are to the challenges facing M&S and as well as a 2% pay increase from members who have five years or more pany “will advertise 84 of our current temporary con‐ how responsible they are.” February 1, 2020, with a new agree- service on January 1, 2020. August 2019 y SHOPFLOOR 11
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