YOUR FUTURE AT - Mandate Trade Union
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SHOPFLOOR
MANDATE TRADE UNION APRIL 2019
YOUR FUTURE AT
TESCO ...WORTH
FIGHTING
FOR! FOR 2019...
OUR CLAIM
1. PAY 2. SCHEDULING
3. FULL-TIME JOBS
4. REPRESENTATION
PAGE 4
LABOUR COURT SIDES WITH PRE-96 WORKERS PAGE 29
HOW DUNNES WORKERS WON SECURE HOURS CONTRACTS PAGES 2/3
VIEWPOINT
Victory for unity,
Employment More than 6,000 Dunnes’ workers,
members of Mandate, took to the
(Miscellaneous picket lines in 2015 to highlight the
Provisions) Act 2018 totally unacceptable way that they
were being treated by Dunnes man-
THIS new law came into effect on
determination and
agement. They rallied over 5,000
4th March 2019 after a three- supporters to march on Dunnes
month lead-in period following Stores Head Office to demand de-
the signing of the legislation by cent contracts and a decent living
President Higgins on Christmas wage.
collective action
Day 2018. It is no exaggeration They told the story of the reality of
to say that the new law is the working on these types of exploita-
most significant piece of legisla- tive contracts – they won the hearts
tion on workers’ rights passed in and minds of the public and they
the last few decades. took their fight to the Dail and every
Effectively it has put the brakes sickness, budgets, union activity politician from every party across
on the race to the bottom by self-
ish and exploitative employers STRAIGHT or simply because they could will the country. They spoke in the Dail,
now by and large be prevented outside the Dail, to local politicians,
who abused precarious and flexi-
ble contracts of employment to
control and manipulate workers by
TALKING from this type of unacceptable to local media etc. They mounted a
behaviour. determined campaign, supported
For years workers on these to- by Mandate, to win.
controlling the actual numbers of
hours offered in any week and by John Douglas tally flexible type contracts have They enlisted the support of pro-
lived in fear of losing weekly gressive political parties and inde-
doing so controlling workers’ po- General Secretary, hours, losing their income and pendent politicians in the Dail until
tential to earn a wage. Mandate Trade Union not being able to provide for the the force of their argument was too
Ireland is now the only country basics of life. great to ignore any longer and fi-
their employment contract within five
in the EU where workers have a So how did this new legisla- nally Minister Doherty announced
legal right to demand a new days of commencing employment
tion come to pass? Simply put, she would be introducing new leg-
clause in their contract of employ- and there are also very severe anti-pe-
by the courageous and deter- islation to deal with exploitative
ment which reflects the actual nalisation clauses if employers fail to mined collective actions of
contracts of employment.
number of hours worked by that comply or attempt to victimise work- workers – in particular Dunnes
It goes to demonstrate the very
worker in the previous one-year ers for asserting their rights. Stores workers – who stood up real potential that exists in the col-
reference period. Employers who in the past would and said, ‘Enough is enough – lective strength of workers.
Additionally, workers are entitled have reduced significantly workers’ we demand justice and decency We’ve seen it before with the
in writing to the main terms of weekly hours for spurious reasons e.g. at work’. Right2Water campaign – workers
supported by progressive trade
unions, political parties and com-
munities can fight back against ex-
ploitation and injustice and win.
Ireland is still the most unequal
country in the EU and still has the
highest proportion of low paid jobs
of any EU country.
This new legislation will not
change these facts, but it will make
a very real difference to the every-
day lives of tens of thousands of
workers.
Imagine if we together could or-
ganise similarly around an all-em-
bracing Decency Charter for Retail,
a charter which at its core has a de-
cent living wage, fair work schedul-
ing, childcare, full-time jobs and a
workers’ collective union voice at
work.
In Mandate we do believe that we
together can win such a Charter for
Decency. We believe that not only
do workers deserve it, but that they
have a right to it.
We are calling on all workers to
organise and mobilise in their
union – let’s join together to win a
brighter future.
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 E: news@mandate.ie W: www.mandate.ie Design & Editing: Brazier Media E: braziermedia@btinternet.com
Shopfloor is edited, produced and printed by trade union labour
2 y
SHOPFLOOR April 2019
NEWS
l Most significant workers’ rights legislation in decades l Gen Sec: ‘Make your claims through the union...’
New law
protects
low and
zero hour
workers
“
Picture: Dineshraj Goomany (CC BY-SA 2.0)
By David Gibney seek a mortgage or even a loan from
Mandate communications officer a credit union. And crucially, it will This provision will
0
NEW LEGISLATION which came
about as a result of Mandate’s suc‐
prevent their employer from threat‐
ening a reduction in hours if they join
enable a worker to
cessful campaign for secure hour con‐ their trade union or lodge a grievance obtain security over their
tacts came into force on Monday, 4th with their manager,” said Mr Douglas.
March – a welcome development that In order to invoke the legislation, a hours and their income.
will benefit hundreds of thousands of worker must make a written request It will enable them to seek
workers. to their employer. That employer is
The new Employment (Miscella‐ then obliged to provide the worker a mortgage or even a loan
0
neous Provisions) Act 2018 bans zero with a new secure hour contract
hour contracts in most circum‐ within four weeks or justify why they
from a credit union.
stances; gives workers more security cannot offer secure hours. And crucially, it will prevent
over their hours and income; re‐ If an employee is unhappy with
quires employers to furnish workers that explanation or the new band of their employer from
with their core conditions of employ‐ hours the employer has placed them threatening a reduction in
0 0 ”
ment within five days; and provides on, they can appeal to the Workplace
for minimum payments in cases Relations Commission (WRC). hours if they join their union
where the employer fails to provide Mr Douglas continued: “It’s impor‐
an employee with work. tant that workers make these claims
or lodge a grievance
The new Act is one of the most sig‐ through their trade union. Many em‐
nificant pieces of legislation on work‐ ployers will drag out this process and
ers’ rights in decades. Much of the make it onerous on their workers to are strong anti‐penalisation clauses –
credit for its passing should be given make their claims, so having a strong such as transfer of duties, change of
to the Dunnes Stores workers and to location of place of work, reduction in
Mandate members who went on wages or change in working hours –
strike for secure hour contracts in the legislation and emphasised
and who then fought for legisla‐ that if any worker is concerned about
tive changes that would protect applying for a new banded hours con‐
all workers in Ireland. tract or if their employer offers a new
Welcoming the new legisla‐ contract or demands that applica‐
tion, Mandate’s General Secre‐ tions are made through their own
tary John Douglas said: “Our forms, they should contact their trade
members have fought for this leg‐ union.
islation for more than four years
now and hopefully the new law
will translate into significant im‐ trade union behind you is essential.”
provements in living standards for all Mandate is already hearing reports TESCO NON-ENGAGEMENT
workers. Under the Act a worker has of employers providing draft forms
the right to be given a contract that
accurately reflects the hours they
normally work per week.”
He explained: “For instance,
Dunnes Stores workers have 15 hour
for their employees to apply for a
new banded hour contract which dis‐
incentivises or intimidates workers
into not applying for a contract.
Mr Douglas said: “One employer
Labour Court referral now seems likely
has told their workers that they need IN JANUARY, Mandate wrote to Tesco senior manage- of their obligations contained in the Working Together
contracts, yet many work up to 40 ment requesting a meeting and asked them to con- collective agreement.”
hours per week for a full year. Now to have the form signed by local man‐
agement. Another is telling workers sider the fact that over the last three years the retailer He added:“Not surprisingly management yet again
they can request a new minimum had failed to reasonably engage when requested to
hours contract where the average of that if they receive the new band of declined to meet directly over the latest request so the
hours that they could be sacked if do so by the union across a number of important col- general complaint of non-engagement has been re-
hours they’ve worked over the previ‐ lective national issues.
ous 12 months places them within a they breach that band in the future. ferred to the Workplace Relations Commission for con-
‘band of hours’. In this case, it would “These types of threats and intim‐ Assistant General Secretary Gerry Light said: “First sideration.”
be 36 hours and above. This provi‐ idatory tactics are exactly why work‐ among many examples of this management’s ap- According to the union, as this issue of Shopfloor
sion will enable a worker to obtain ers needed this legislation in the first proach is the constant refusal to engage with us on the goes to press, the retailer has shown no desire to at-
security over their hours and over place and exactly why workers need last three annual pay and benefit claims. tend the WRC. It is likely the issue will, as a result, be
their income. It will enable them to to be in their trade union.” “We believe that this behaviour constitutes a breach referred to the Labour Court.
Mr Douglas pointed out that there
April 2019 y SHOPFLOOR 3
NEWS
2019 pay and benefits CURRENT PAY SCALES
€10.56 (starting)
UNION CLAIM FOR 2019
€11.90 (1st year)
claim for members at €10.98 (after 18 months) €13 (2nd year)
Tesco Ireland revealed
By David Gibney
Mandate communications officer
“This year we must bring this dan‐
€12.95 (after 3 yrs) -TOP
Pre '96:
€14.31
€14 (3rd year)
€15 (4th year)
gerous practice to an end for if we
MANDATE has launched the 2019 don’t, your employer will ultimately Post ’96–pre ’06:
pay and benefits claim on behalf of all determine the full range of terms and €15.49 €16 (6th year)
members in Tesco Ireland. conditions that you will work for and
The claim is broken into four sepa‐ how you will be treated in the future.”
rate sections: pay; scheduling; full‐ He said: “Mandate did not expect
time jobs and a voice at work and has
been endorsed the Tesco National
Strategy Team which is made up of
Tesco members from across the Re‐
Tesco Ireland to concede the claim
immediately but did expect them to
implement a 2% or 3% pay increase
again, without any reference to you.”
1. PAY
public. And Mr Light warned members not Mandate’s survey of Tesco members indicated that a pay
In developing the claim, Mandate to be fooled by this approach. increase and pay equality was the most important issue to
Gerry Light: Mandate members at Tesco Ireland
was guided by a number of recent “Tesco is one of the most profitable are tired of the way management treats them... them. More than 90% of Tesco workers signified their
surveys of Tesco members where employers in Ireland, with profits in
many thousands of respondents
Ireland’s plan to rid itself of your support for the creation of one pay scale where all workers
excess of €250 million per year, so voice at work. “ Tesco workers had,
made their priorities known. they can easily afford to implement would have access to the highest point on the pre-2006
he added, “expressed their frustra‐
Assistant General Secretary Gerry pay equality and a Living Wage tion” in a number of strikes before
scale (€15.49 per hour). Factoring in a cost-of-living pay in-
Light, outlined the background to the (€11.90 per hour), along with full‐ Christmas. crease for 2019, this would increase to €16 per hour. Your
claim in a letter to all Mandate mem‐ time jobs, fairer rostering and allow‐ union also believes the company has the capacity to pay a
“In Sligo and Carrick‐on‐Shannon,
bers at Tesco, pointing out that it was ing you your right to meaningful
“an effort to win recognition for the
your fellow members made a stand Living Wage to all workers in the business and is therefore
trade union representation.
hard work and dedication” shown by
for decency and respect not only for advocating a new starting rate of €11.90 per hour (the cur-
“In one form or another, many as‐ themselves but for their fellow union
them over the last 12 months. pects of this claim have been negoti‐ rent Living Wage).
members. The same level of fighting
But he cautioned that both it “and ated between Mandate and other spirit is now required to support and
our common objectives” could only
be achieved if all Tesco workers “re‐
mained united in their union”.
Mr Light continued: “ Over the past
major retailers in Ireland.”
He said it was was clear Tesco
workers were tired being treated this
way by their employer.
deliver the pay and benefits claim
which is set out on the back of this
document.”
2. SCHEDULING
Mr Light reminded Tesco workers
three years Tesco Ireland has refused “The withdrawal of canteen facili‐ that all their current terms and con‐
The second most important issue cited by Tesco members in
to engage with your union on your ties; refusal of pay increases for cer‐ ditions had been fought for and won Mandate surveys is ‘Work Life Balance Improvements’.
pay and conditions of employment. tain workers; refusal to adhere to over many decades through members Members say they want more set hours with predictable
Instead, management decided, with‐ collective agreements – including the “acting collectively” and “sticking to‐ working patterns. This claim demands an improvement
out any reference to you or your col‐ denial of extra hours when available; gether” in their union.
leagues, what pay increase they from the current one week rostering notice to four weeks
unfair rostering practices; and the de‐ “The same is true of the current
believed you deserved. rostering notice.
nial of your right to collective repre‐ claim which we all need to define as
sentation are all symptoms of Tesco a turning point in the relationship
with your employer.”
3. FULL-TIME JOBS
As part of our ongoing campaign for full time jobs in Tesco,
your claim demands 1,000 extra full time jobs. Our surveys
indicate that ony 13% of Tesco workers are on full-time
contracts with 40% of workers stating they want to move to
a higher band of hours. Your National Strategy Team
believes the re-establishing of full time jobs would provide a
better standard of living for workers in Tesco.
4. YOUR VOICE AT WORK
Tesco Ireland has ceased to negotiate your terms and condi-
tions of employment with your representatives. Of those
surveyed, 96% said they believe it is important for their
employer to fully engage and meet with their union, on both
individual and collective issues when requested to do so.
This claim demands that Tesco management fully respect
and comply with all existing collective agreements and en-
gage on both individual and collective issues.
SUPPORT TESCO WORKERS & SIGN PETITION AT http://www.tinyurl.com/tesco19
4 y
SHOPFLOOR April 2019
NEWS
UNITY IS STRENGTH! General
Secretary
Unions
John Douglas
speaks at the
TUNUI
campaign
launch
launch
drive for
new and
united
Ireland
“
A NEW movement that calls for a Ireland, which should be a United Ire‐ unity, and what this means for work‐ rights and progressive politics in this
new and united Ireland was land. This must be a New Ireland that Our aim is to put ers’ rights. country”.
launched in the CWU offices in
Dublin on March 25th and in his‐
puts workers’ rights, economic rights,
gender rights, as well as universal
forward a new TUNUI spokesperson Ruairí Cre‐
aney said: “The debate on the future
“In the north, average wages are
lower than anywhere else in Ireland,
toric surroundings of the Linen Hall human rights front and centre in a vision of what a fairer of Ireland north and south has been or the UK. Furthermore, trade
Library, Belfast, on March 26th.
Trade Unionists for a New and
new all‐Ireland constitution.”
Signatories of the declaration in‐
and more socially just escalating significantly against the
backdrop of Brexit and the rise of
unions are still hamstrung by Tory
austerity and draconian anti‐union
Ireland would look
”
United Ireland (TUNUI) comprises clude current and former trade union populist right‐wing – and borderline laws, while in the south, more than a
more than 150 trade union officials, general secretaries, as well as two fascist – movements in the United century after the 1913 Lockout,
including a number of general sec‐ veterans of the Dunnes Stores anti‐ like in the event States and in a number of EU mem‐ workers are still denied the basic
retaries, from across the island of
Ireland. They have come together to
Apartheid strike in 1984, Liz Deasy
and Karen Gearon.
of reunification ber states.
“It is now time to get it out in the
right to collective bargaining.”
He added: “Our aim is to put for‐
call on the labour movement to And TUNUI will host a major na‐ open, and to ensure that the voice of ward a new vision of what a fairer
forge a new vision and advocate for tional conference on the theme Unit- trade unionism is to the forefront.” and more socially just Ireland would
a New and United Ireland. ing Workers – Uniting Ireland in the Creaney pointed out that the ini‐ look like in the event of reunifica‐
Members of the movement will early summer, which will hear speak‐ tiative had secured the support of tion. We want to see a new Ireland –
sign a declaration that states: “It is ers from across the trade union trade unionists with many differing a united Ireland – with a new consti‐
critically important that the inter‐ movement and other progressive or‐ politicial views but who were all tution that promotes workers’
ests of workers and working fami‐ ganisations on uniting workers north united in recognising that partition rights, economic equality and social
lies are put at the heart of a new and south within a vision of Irish had been “disastrous for workers’ justice.”
HOUSING CRISIS
A scab is a
shiver looking Members brave
for a spine to
run up and can atrocious weather
never be trusted
to be on the side
to attend Cork rally
HUNDREDS of people, including a
of the working hardy contingent from Mandate,
braved the atrocious weather to at‐
class again tend the Raise the Roof rally in Cork
on March 11th.
Read Brian Forbes’ The rally was held to coincide with
a motion being brought by Lord
new LET US ARISE! Mayor Mick Finn before Cork City
Council demanding urgent action to
column on page 20 address housing problems both na‐
tionally and locally.
Thoroughly drenched but definitely unbowed: part of the crowd at the Raise the Roof rally in Cork on March 11 Picture: Mandate
It called for significant investment
in building public housing through one abstaining. In October last year, cause the Government had refused to rally to Red FM, said: “They’ve tried
local authorities; action on evictions; an estimated 15,000 people attended take action on housing. “We need ac‐ everything except the things they
rent certainty for tenants as well as a a Raise the Roof rally in Dublin in tion on housing. We need a change in know will work – you have to build
legal right to housing. support of an Opposition Dáil motion policy. We need intervention in hous‐ public housing. It works in other
The motion was overwhelmingly on housing. ing. We need public housing!” she countries, why wouldn’t it work here?
supported by almost all councillors One Mandate member who was at added. It’s the one thing they won’t try but
with only one Fine Gael representa‐ the Cork demo predicted the cam‐ Meanwhile, CWU General Secretary they stay married to the landlords
tive voting against the motion and paign would “grow and grow” be‐ Steve Fitzpatrick, speaking at the and the private developers.”
April 2019 y SHOPFLOOR 5
NEWS
l Between €70k and €80k expected to be awarded over rest breaks denial following WRC decisions
You Betcha! Union power takes on Paddy
Power and WINS payouts for members...
By David Gibney
Mandate communications officer
sulting in €38,000 in awards made
against the Paddy Power business.
sands of workers in the retail, phar‐
macy, bar and betting industries who
MANDATE expects members working In the latest rulings, the Commis‐ are currently being denied their
at betting chain Paddy Power to re‐ sion has ordered Paddy Power to pay statutory entitlements but do not
ceive compensation totalling be‐ over €1,000 in respect of eight know their rights or do not have a
tween €70,000 and €80,000 over the claimants; €800 in one other case trade union to back them up.
denial of rest breaks in 92 separate and €650 in two remaining cases. “The Paddy Power workers who
cases. The bookmaker initially appealed joined Mandate and have won these
The union made the claim after a the first tranche of rulings to the cases are a good example of why it’s
second tranche of decisions by the Labour Court but then withdrew the
Robert McNamara told Shopfloor the important to be a member of a trade
Workplace Relations Commission appeals and paid over the monies to
(WRC) on February 20 ordered union has lodged 78 separate cases union.”
Mandate members.
Paddy Power to pay 11 workers a cu‐ on behalf of members – bringing the “We do not expect appeals in rela‐ He said that the union is consider‐
mulative €10,100 in compensation total number of claims to 92 – and ex‐ tion to the latest tranche of deci‐ ing taking further denial of rest break
for the denial of rest breaks. pects awards of between €750 and sions,” said Mr McNamara. cases on behalf of members in Paddy
And this development follows on €1,000 per person when all the cases Mandate took the cases under the Power. At the WRC, Mandate argued
from 14 cases won by Mandate in July are completed, based on the individ‐ Organisation of Working Time Act that the workers had not received
2018 where workers were awarded ual amounts awarded to date. and McNamara claimed they were their statutory break entitlements
between €750 and €1,000 each. Mr McNamara said the WRC has just the tip of the iceberg. Robert McNamara: ‘Good example why it’s
throughout the course of their em‐
Mandate Divisional Organiser made rulings concerning 42 cases re‐ He continued: “There are thou‐ important to be a member of a trade union’ ployment.
SNAPSHOT
Solidarity
blooms for
Martina!
Colleagues of Martina
Farrell, a shop worker
at Tesco Navan, recently
presented her with flowers
and a wee bottle of
something heart-warming
to wish her luck when her
case comes up at the
Labour Court. Martina is
All smiles at the the last remaining pre 96
latest meeting of staff member at Tesco
Wicklow Local Council SNAPSHOT Navan.
WRC ruling finds Dunnes worker unfairly dismissed
A MANDATE member has been In December 2017, Ms Bradley was dures in the way Ms Bradley was dis‐ “They had no concern for her the claimant’s employment was pro‐
awarded compensation at a Work‐ approached a number of times by missed from her job. needs, feelings and her exemplary cessed as a contractual matter as op‐
place Relations Commission hearing local management and asked to pro‐ Ciaran Campbell told Shopfloor: employment record. Thankfully, she posed to a disciplinary matter, the
in January after it ruled she had been vide them with details of her second “While the employer was keen to was a member of Mandate and could outcome of the process was the end‐
unfairly dismissed from her job as a semester timetable. Ms Bradley was extol their great virtue and kindness find some comfort in knowing that ing of the claimant’s employment. No
general sales assistant at Dunnes in unable to do this until January 2018. in accommodating our member’s there was an organisation there to formal procedures were observed in
third level course commitments dur‐ this regard.
Sligo. However, the employer dismissed her defend her rights.”
ing her first term, their behaviour af‐ “The claimant was not given formal
Following the ruling, Mandate on December 31, 2017. The decision of the Adjudication
terward was ludicrous. notice her employment was in jeop‐
slammed Dunnes management for its Despite asking for the reasons of Officer – designated ADJ‐00012840 –
ardy and alternatives to dismissal
“ludicrous” treatment of the shop her dismissal, Dunnes failed to pro‐ Decency upheld Mandate’s case. were not explored.
worker. vide her with clarification. “Local management, obviously in The Adjudication Officer stated: “I accept the union’s contention
Shirley Bradley, a student at the Taking the case under Unfair Dis‐ the full knowledge of their Head Of‐ “Having reviewed the evidence at the that the claimant was entitled to her
Sligo Institute of Technology, had missals legislation, Mandate North fice personnel, hadn’t the decency to hearing and noted the chronology of rights under natural justice whether
worked at the Wine Street store on a West Divisional Organiser Ciaran let the trial take its course and then exchanges outlined in the respon‐ the ending of her employment was
15 hours per week contract since Campbell successfully argued that Ms review it to determine if it was possi‐ dent’s records of the meetings, I am processed as a disciplinary or con‐
March 2015. Bradley’s dismissal was automati‐ ble to sustain the arrangements. satisfied that the claimant has a legit‐ tractual matter. Consequently, I am
In September 2017, Ms Bradley cally unfair given the fact that the em‐ “But equally worrying was the way imate expectation that a meeting satisfied that the claimant was dis‐
started a course while working for ployer hadn’t waited for her to they applied their own procedures to would take place to discuss the op‐ missed and her dismissal was unfair.”
the retailer. Local management ac‐ provide the second semester course terminate our member’s employ‐ tions for continuing in employment The Adjudication Officer awarded
commodated this study, ensuring her timetable and so denying her the ment. It just beggars belief.” when the claimant’s availability for Ms Bradley compensation covering
working hours were rostered around chance to work her rostered hours He emphasised that Dunnes “slip‐ 2018 became clear. This did not hap‐ her financial loss because of the em‐
her course commitments. while studying. shod attention to our member and pen. ployer’s behaviour from her dis‐
This was on an initial trial basis for Mr Campbell also argued that the situation she found herself in” “While I acknowledge the respon‐ missal to when she found work again
the length of first term of the course. Dunnes hadn’t fulfilled its own proce‐ was “inexcusable”. dent’s argument that the ending of a number of months later.
6 y
SHOPFLOOR April 2019
VIEWS
Picture: Jevgenijs Slihto (CC BY 2.0)
Trade unionists calling for an eight-hour working day march in Melbourne, Australia, circa 1900 Picture: Public Domain
Workplace Union
Representative Training
Victory is hours!
l Legislation tackling scourge of zero-hour and low-hours contracts came
This three-day Workplace Representative Training
course is for new shop stewards/union representatives.
The course aims to provide information, skills and
knowledge to our shop stewards/union representatives
to assist them in their role in the workplace.
Course Content:
l The role of the Workplace Representative
into effect on March 4 after five-year campaign by trade union movement... l Terms and Conditions of Employment
THE regulation of working hours is statement of their main conditions of l Employment Law
one of the trade union movement’s employment within the first five days l Dealing with workplace issues
earliest and far‐reaching achieve‐ of starting work. The statement must l Workplace Organisation & Communications
ments. Born out of the long hours include details of daily and weekly
toiled by workers, including children, working hours, rate of pay and how
l Recruiting members and building
in the factories and mills of industrial
Britain, our struggle from Robert
Patricia pay is calculated. a strong union in the workplace
l Organising and chairing meetings
Owen’s 1817 short‐time movement
slowly became the accepted norm
King 2. Zero-hour contracts are banned
in almost all circumstances
l Political and Social Studies
and then the law from 1997, to the It had become practice for some l Supporting union campaigns
benefit of generations of working call constantly. employers to employ workers with‐ l Agreeing actions to build a
people. Unscrupulous employers use the out guaranteeing them a set number
In recent years, however, the work‐ threat of reduced hours to keep their of working hours. Under the Act, em‐
stronger union in the workplace
ing day has come under threat on two staff servile and to punish them for ployers will no longer be able to use Certification and Progression:
fronts from an always‐on work cul‐ being unavailable, even at short no‐ these zero‐hour contracts except in Members who successfully complete this training course
ture. Smartphone technology is blur‐ tice. Unpredictable working hours very limited circumstances, such as to
ring the boundaries between work and insecure income make it next to will obtain a Mandate Certificate. Members may then
provide cover in emergency situa‐
and home life by making workers impossible for workers to organise tions or to cover short‐term ab‐ carry on their training and personal development
easily accessible outside of their childcare, to plan ahead and to bud‐ sences. Places are limited. As there is a high demand for this course
workday and exposing them to longer get their household expenses. please ensure you contact your Mandate Union Official
working hours. We know of workers who, despite 3. Workers are entitled to a mini- or the Mandate Training Centre on 01-8369699 or
Without clear guidance from their working a full working week, have mum payment if their employer email mandateotc@mandate.ie to secure your place.
employer on the right to switch off in been denied bank loans based on the fails to provide them with work
their free time, workers feel pres‐ low‐hours guaranteed in their con‐ Workers have the right to compen‐
surised to answer work‐related calls, tracts. Uncertainty in working hours sation from their employer if they
Bar Workers
emails and other electronic mes‐ creates stress and insecurity in the turn up for work but are sent home
sages. When the occasional intrusion family life of workers and has no without work. The minimum pay‐
from our digital devices during non‐ place in a modern, wealthy economy. ment they are entitled to is three
work hours becomes constant it is an Legislation signed by President hours pay at the minimum wage rate,
issue for concern. An overtired
worker is a danger to themselves and
others.
Higgins on Christmas Day is an im‐
portant milestone on the road to ad‐
dressing this power‐imbalance. This
or three hours at the JLC rate if they
work in a sector where an Employ‐ UNION TRAINING
ment Regulation Order is in force, Mandate Trade Union is designing and developing this
In the absence of a legal ‘right to new law bans zero‐hour contracts in such as security or contract cleaning. Bar Workers Union Training due to workers having
disconnect’, as in French employment almost all circumstances and gives identified training that they need and the need to raise
law, it is essential that employers en‐ workers in casual and precarious jobs 4. Workers are entitled to be guar- awareness in their workplaces.
gage with workers through their greater certainty around the length of anteed hours of work that reflect Course Content:
trade unions in order to secure prag‐ their working week. their normal working week
matic collective agreements at a com‐ The Employment (Miscellaneous Under the Act, if a worker habitu‐ l Health and Safety in the workplace
pany level which achieve a balance Provisions) Act 2018 is one of the l Health and Safety for the individual
ally works more hours each week l Personnel safety as a bar worker
between the rights of workers to ad‐ most significant pieces of employ‐ than is provided in their contract,
equate rest time and the need for ment law in 20 years and is the result l Legal entitlements for bar workers
they have the right to request to be l Know your employment rights
flexibility to ensure the continued of a five‐year campaign by the trade placed in a band of weekly hours that l Identification of further training requirements for bar workers
success of the business. union movement to get legal protec‐ better reflects their normal working
Another phenomenon chipping tion around working hours for vul‐ hours over a 12‐month period. Certification and Progression:
away at the working day is the creep‐ nerable workers. Any worker denied their new Members who successfully complete this training
ing precariousness of work. Zero‐ There are four new rights: rights under this legislation or vic‐ course will obtain a Mandate Certificate.
hour and low‐hour contracts give 1. Workers are entitled to a written timised for asking for them, should
employers complete discretion over statement of their terms of employ- contact a trade union who will assist
working hours. Workers must make ment within first five days. Places are limited. As there is a high demand for this course please ensure you con-
them vindicate their rights. tact your Mandate Union Official or the Mandate Training Centre on 01-8369699
themselves available for work at their The Act legally requires employers Patricia King is the General Secretary of or email mandateotc@mandate.ie to secure your place.
boss’s request. They are effectively on to provide workers with a written the Irish Congress of Trade Unions
April 2019 y SHOPFLOOR 7
NEWS
BOOTS DUNNES ARNOTTS
Discussions on pay
Dispensers grade talks
MANDATE has held a number of
meetings with management repre-
sentatives over issues relating to
the dispensers grade. Discussions
are continuing and Mandate has
stated that it will communicate any
Contract claims lodged SNAPSHOT MANDATE has now served numer‐
ous individual claims on members’
MANDATE has sought a meeting
with Arnotts management to dis-
cuss the 2019 pay and benefits
claim. Negotiations will take place
in the coming weeks and members
will be informed of developments.
developments with members in the
coming weeks.
behalf for formal banded contracts BWG
with Dunnes management.
BROWN THOMAS The move follows the enacting into
law of the Employment (Miscella‐
3% pay hike accepted
neous Provisions) Act 2018. MANDATE members in BWG have
Pay and benefits claim Assistant General Secretary Gerry
balloted on and accepted a pay and
benefits proposal which contained
Light told Shopfloor: “We have also
lodged. Talks to follow... attempted to organise non‐members
into the union on the basis that we
a 3% pay increase over 12 months.
MANDATE has lodged a pay and would process similar claims on MOPI
benefits claim with Brown Thomas, their behalf.
as talks about securing a new
agreement are slated to take place
“On March 11th, we served up to Proposals go for ballot
1,000 individual claims on the com‐ NEGOTIATIONS between MOPI
on April 16th. pany with the intention of maintain‐
Assistant General Secretary Gerry management and Mandate repre-
ing a focus on the new legislation sentatives have concluded with a
Light again reminded members after this date in the hope of increas‐
that the more unionised workers in set of a proposals that will now be
ing our organising capacity as well as considered by members of the
an employment, the stronger the density levels at the retailer.”
bargaining hand of those negotiat- union in a national ballot.
ing on their behalf. He added: “Work will start shortly The proposals contain a pay in-
He said: “In order to achieve the on constructing a Dunnes‐specific crease over nine months as well as
optimum outcome, Mandate is urg- pay and benefits claim for 2019 that the retention of the enhanced staff
ing all members to encourage col- will in the main reflect the contents discount.
leagues not already in the union, to Members working at Dunnes in Northside Shopping Centre met up at the Artane recreation of our general charter for decent The ballot result will be known on
join today.” centre on Wednesday, February 20th. Banded hours and new legislation topped the agenda... work.” Thursday, April 18th.
Have you a Mandate-related story or picture you’d like to share with us? Email news@mandate.ie
NEWS
INFODESK
Usdaw launches
‘Time for Better
Pay’ petition
Learn English USDAW, Mandate’s sister union in
the UK, has launched a ‘Time for
with Mandate Better Pay’ petition on the British
Government .gov website and has,
at the time of going to press, se-
for free! cured the signatures of more than
26,000 people who share the
union’s deep concerns about pay
Mandate, your trade union, is offering English and rights of a growing number of
speaking classes for members. The course is for workers who find themselves in in-
creasingly insecure employment.
members who while speaking some English
The union is calling for:
have never had the opportunity for formal
l A minimum wage of £10 for all
training. In the course you will learn the basic workers.
grammar and improve your vocabulary. l A minimum contract of 16
You will have the chance to correct those hours per week for everyone who
wants it.
mistakes that your workmates are too polite
l A contract based on an individ-
to tell you about! Improved language skills ual’s normal hours of work.
can add to your confidence and improve your l A ban on zero hours contracts.
quality of life. Usdaw General Secretary Paddy
Lillis told Shopfloor: “It is clear that
Training is FREE to Mandate members.
we have to push on for the 100,000
signatures that would provide the
If there are 10 Mandate members who wish to
opportunity for petition to be de-
attend this training, classes will take place in bated in Parliament.
a location near to your workplace.
“Our aim is to persuade MPs to
If you are interested please contact: back £10 an hour and more secure
Mandate’s Training Centre contracts, which would boost mini-
on 01-8369699 mum wage workers’ full-time pay by
a much needed £2,640 a year.”
Places are limited and are allocated on
first come, first served basis Check out www.usdaw.org.uk/
T4BP for more information.
8 y
SHOPFLOOR April 2019
NEWS
PENNEYS
SNAPSHOT
WRC referral after
progress fails to
be made at pay
and benefits talks
A FURTHER set of negotiations
about a new pay and benefits
agreement took place on Wednes-
day, March 6th.
According to Mandate, despite
Penneys remaining a “significantly
profitable” employer, its manage-
ment was insisting on linking any
pay rise to the introduction of a new
pay scale.
The new scale has a proposed top
point that is some 15% lower than
that currently in place.
Assistant General Secretary Gerry
Special welcome for champ Deirdre Light commented: “This approach
was rejected by the union negotiat-
Staff at Penneys Omni Park Shopping Centre in ing team and since further progress
Santry are in jubilant form as they welcome was not possible between the par-
back their colleague Deirdre O’Callaghan ties the outstanding issues were re-
(centre) after she scooped a silver and a bronze ferred to the conciliation services of
at the recent Special Olympics in Abu Dhabi. the Workplace Relations Commis-
Staff were overjoyed at the double medallist’s sion.”
marvellous achievement – and congratulations A conciliation conference on the
to Deirdre from all in Mandate too. issue is scheduled for Wednesday,
May 8th.
WEALTH
Ireland’s richest Workplace Representative
Advanced
300 worth €87bn
IRELAND'S Rich List has been pub‐
This three day course is designed to provide trade union activists with
the knowledge and skills to effectively contribute to and participate in
their unions recruitment & organising strategy.
lished in The Sunday Times. The re‐
port states that the combined wealth
Course Content:
of the richest 300 people is €87bn.
The number of Irish euro billion‐
l Building workers power
aires has risen to 17 – half of them
resident in tax havens such as Malta,
l Engaging workers
Switzerland or Monaco, they are
worth €42.031bn.
l Talking to the undecided
According to the report Beef Baron
Larry Goodman became a billionaire
Rich List heavy hitters l Handling objections
this year. With his wife, Kitty Good‐
man, they are said to be the country's
Hilary, Alannah and Galen Jr Weston
and family (€11.932bn)
l Base building and
wealthiest couple, with their family
wealth estimated at €2.455bn. Patrick and John Collison (€5bn) collective action,
(Fourth on the list) John Dorrance (€2.6bn)
Tipperary brothers, Patrick and identifying and recruiting leaders
Larry, Kitty, Laurence and
John Collison, are number two in the
Rich List rankings, sharing a €5 bil‐ Mark Goodman (€2.455bn) l Mapping (workplace and community)
lion fortune with the growth of their
online payments company Stripe.
Dermot Desmond (€2.017bn)
l Understanding power
Heading up the list is the Weston fam‐
Denis O'Brien (€2bn)
ily, their food and retail interests have
put them in first place at €11.932bn. Certification and Progression:
The Sunday Times reports that Members who successfully complete this training
there are 225 millionaires from or
based in the Republic of Ireland. The course will obtain a Mandate Certificate.
fortunes of the 225 wealthiest fami‐
lies and individuals in the Republic Places are limited. As there is a high demand for this course please
total €75.774bn. The combined ensure you contact your Mandate Union Official or the Mandate Training
wealth of the 75 millionaires from Centre on 01-8369699 or email mandateotc@mandate.ie to secure your place.
Northern Ireland is €11.462bn
(£10.856bn). Dermot Desmond Denis O’Brien
April 2019 y SHOPFLOOR 9
PERSPECTIVES
NEWS
OPINION
Shorter working week may not be all it seems
from
VIEW the SHOPFLOOR see tangible evidence to show
that a shift in the number of
weekly working days does not
Gerry Light
LET’S start with the dream. As far
Assistant General Secretary
Mandate Trade Union
have occurred in recent times, is it
have a detrimental effect on
the business.
Employer representative
bodies, such as the Confeder-
ation of British Industry, ap-
back as 1930 no less an authority now time to consider a radical shift pear lukewarm towards the
as the eminent so-called prag- in this model? idea of a four-day week sug-
matic capitalist economist John Of course in contemplation of gesting that certain propo-
Maynard Keynes predicted by such a proposition trade unions nents of the concept offer
now that we would all be work- must ensure that such changes ac- it more as a soundbite
ing a four-day week. In fact, he tually represent progress for workers rather than a solution in
was so bold to predict that we and not the opposite. addressing the many com-
would be gainfully employed for Now for the reality. Since the last plex issues facing business
no more than a 15 hours a week. economic recession most employ- in general at this time.
The fact is, the traditional 40- ees are working longer, not as a mat-
hour, five-day week has been ter of choice but rather out of In addressing the pros
around for a long time so here is necessity in order to inflation-proof and cons behind the idea
the question – because of the tech- their earnings. In fact many workers for working hours to be
nological and societal changes that are finding it necessary to have spread over fewer days it
more than one job just to survive. is clear that a one-size approach
With the radical advances in tech- does not fit all sectors within the
nology one might have thought that tween male and female employees. economy. Equally it is clear that the
we would have been closer to realis- suggest the contrary. It is clear that On the other hand following a move model is less suited to businesses
ing Keynes predictions. Instead such technological advances have al- in France to legislate for a reduction that require human beings to be
advances have in many instances lowed certain sectors to develop in the working week to 35 hours available all of the time and this up
been utilised to create new concepts structures of shorter working weeks there were many complaints of to recently would have been the
of employment models such as the for their employees. At the outset it companies intensifying work to an case in many bricks-and-mortar re-
emerging gig economy, where in re- must be pointed out that while unpleasant degree thus making tail operations.
ality, enforced self-employed people these types of advances work well working life more stressful for em- Therefore, the significant differ-
are availing of all the work offered to and are adaptable to particular or- ployees. ence that exists between retail and
them in order to keep their heads ganisations, they do not provide a
above water. suitable proposition for others. It Clearly productivity levels are in- other sectors is that technological
must also be understood what is fluenced by not only the amount of advances will more than likely not
The further growth of this world of being proposed is not a reduction in hours put in but also the overall offer up the option of reduced
precarious bogus self-employment weekly hours rather working days. wellbeing of the workforce. It might working days. Instead it will result
does little, many would argue, to af- be as simple as workers yielding in a reduction of working hours
ford workers either greater liberty The advocates of the model point greater productivity because they and earning capacity, thus leading
from work or job security. Ironi- to increased productivity, greater feel they are being more closely ob- to the further banishment of retail
cally the proponents of busi- job satisfaction, less staff turnover served which is more likely to hap- workers and their dependents into
nesses, like Deliveroo and Uber, and better equality of choice be- pen because employers will have to working poverty.
2 SUMMER SCHOLARSHIPS TO BE WON TO INTERNATIONAL NEWS
ATTEND THE COLAISTE SHEOSAIMH IN 2019
Mandate is pleased to announce that Colaiste Sheosaimh will be given the
opportunity for two lucky members to win a scholarship each worth €500.
The scholarships can be used to attend one of the courses in 2019
in this famous Irish College.
Closing dates for entries is Friday 10th May. Expressions of interest should be
addressed to Jonathan Hogan, National Coordinator for Training.
Course acceptance will be based on course availability at the time of applying.
For more info check out the college’s website at:
http://www.colaistesheosaimh.com/index.shtml
Pictures:CountMeInNYC
Count me in... NYC style
THOUSANDS of construction work- bent on eliminating union presence
ers took to the streets of New York at building sites by boosting the
City last month in a rally organised number of non-union workers on
by North America’s Building Trades the job.
Unions (NABTU) in protest at the Pictured left: Workers protest
use of non-union workers on sev- outside the Hudson Yards project,
eral major construction projects which according to the Count Me In
across the city. NYC, is the largest ever private real
It is part of a new trade union ini- estate project in the city covering a
tative – Count Me In NYC – which is staggering 18-million square feet
made up of rank and file workers and including a 51-storey office
who have banded together to fight tower. Twitter @CountMeInNYC
back against greedy developers hell
10 y
SHOPFLOOR April 2019ANALYSIS
ating with the management‐influenced CRC
How to win a
By David Gibney
Mandate communications officer (Lloyds Pharmacy admitted to the Labour Court
TWO years ago Mandate had virtually no mem‐ that they funded the CRC). The workers were
bers working in Lloyds Pharmacy Ireland and forced to escalate the dispute to full days of in‐
the workers’ conditions of employment re‐ dustrial action, with a total of 10 days com‐
flected that. pleted, management had to up their game.
Many Lloyds workers were on zero‐hour con‐ Despite stating,“The above agreed terms on
tracts; had no sick pay scheme (it was stolen pay will be for 12 months from April 1st 2018
from them in 2007); earned the National Mini‐ to March 31st 2019” in their proposal only
pay rise and
mum Wage (€9.55) after 5‐10 years experience; weeks previous, the company offered another
had no incremental pay scales and were only af‐ pay increase. This time it included pay scales. A
forded statutory annual leave entitlements (20 clear sign that being in a union and taking ac‐
days per year). tion pays.
However, the short but inspiring journey they Amy Bannon, who works as a Dispensary
took changed all that with workers winning Technician in the Nutgrove store went from
four days sick pay per year; up to two days extra €11.57 per hour to €15.50 per hour in a couple
annual leave per year; the implementation of of months, but emphasised that this wasn’t
a better life
secure hour contracts and incomes; and impor‐ down to a sudden urge of generosity from her
tantly, pay increases of up to 34% with pay employer.
scales. She told Shopfloor: “I received a 34% pay in‐
How did they do it? They joined their trade crease as a direct result of our union campaign.”
union and took action. She added: “It wasn’t easy, but we stood to‐
In 2016 a small number of Lloyds Pharmacy gether in stores all across Dublin and in other
workers approached Mandate asking for some parts of the country, and we won. Had we not
l Lloyds Pharmacy workers won a sick
advice and representation. They were aggrieved joined our union and taken action, I would now
at how they were being treated. be earning €8,174 less per year and I wouldn’t
Grainne Cairns, one of the Lloyds Pharmacy have a sick pay scheme.
workers from Blanchardstown in Dublin, who “It’s made a massive difference to my living
approached Mandate explained: “I’d been work‐
ing for the company for more than 16 years and
pay scheme and pay increases of up to 34% standards.”
Grainne Cairns added: “It wasn’t easy but a
we knew we weren’t being treated fairly, but we
weren’t sure how we could change that. We
knew we needed more support, and we needed
by joining their union and taking action... lot of members won dramatic pay increases. We
did this with only 30% of Lloyds workers join‐
ing our union. Imagine what we could have
a union behind us.” achieved if everyone had joined. Hopefully
She continued: “In 2007 our sick pay scheme when we’re seeking improvements in 2019,
had been taken off us, along with the loss of pre‐ other Lloyds Pharmacy workers across the
miums and other benefits. Many workers were country will put their shoulder to the wheel and
on the lowest possible pay rates with no secu‐ join Mandate.”
rity over their hours and income. We could ac‐ Lloyds Pharmacy spent months explaining to
cept that, or we could try to change it. We chose staff that they would have done all this without
to change it.” Mandate’s intervention, but that argument only
appeals to management and to those who are
Improvements in T&Cs extremely naïve.
A small number of workers then set about or‐
ganising their colleagues into Mandate, high‐ Substantial pay rises
lighting the potential for improvements in They constantly contradicted themselves,
conditions of employment. telling workers they couldn’t afford pay in‐
For instance, Boots Ireland workers, who creases, before relenting and paying substantial
have enjoyed trade union representation for pay increases – not once, but twice.
decades, enjoy far superior rates of pay and They went further in their anti‐union cam‐
conditions of employment to their own. paign by spending a fortune on advertisements
After four years, a Boots Customer Assistant in national newspapers, spreading mistruths
earns €13.50, while a Lloyds Pharmacy Cus‐ about the strike, before eventually offering a
tomer Assistant could be earning €9.55 – a 41% voluntary severance package with generous
difference. Lloyds Pharmacy is owned by the terms of redundancy – costing millions of euros.
world’s largest pharmaceutical firm, McKesson This, we believe, was really about removing
Corporation. The company has three times union activists from the business so they
more revenue than the entire Irish State and wouldn’t have to deal with Mandate in 2019.
was easily in a position to pay more, they simply More than 60 members took the package, but
chose not to. And without workers being mem‐ the other 200 remain, and we are now prepar‐
bers of a trade union, there was very little they ing to go again.
could do about it. The Lloyds Pharmacy workers didn’t get ev‐
Their CEO, John Hammergren, earned erything they wanted, but they certainly im‐
$18,143,017 (€16,146,856) in 2018, while his Grainne Cairns: ‘We did this with only 30% joining us – imagine what we could have done if everyone had joined...” proved their lot.
Irish workforce was subjected to zero‐hour con‐ On the 25th September, they voted by a mar‐
tracts on the minimum wage. For context, it hour or above, and for those on the mini‐ representation engaged in an expensive union‐ gin of 75% in favour of temporarily suspending
would take a Lloyds Pharmacy worker receiving mum wage (€9.55 per hour) an increase busting campaign which inconvenienced cus‐ industrial action and pursuing the company
40 hours per week 812 years to earn what their to €10.60 per hour – an 11% increase. It tomers, irritated their workforce and damaged through the Labour Court, with a date for a
CEO earned in one year. also included four sick days per year. The the business brand. All because they believe hearing set for Friday, 26th April 2019.
These levels of inequality are growing all buy‐off didn’t work. the breaking of workers in a union is a short‐ They still do not have the right to collective
across the world, particularly in the retail and By May 2018, 200 Lloyds Phar‐ term investment for long‐term gain. representation, and this is an indictment on
pharmaceutical sectors, and there really is only macy workers had joined Man‐ The workers engaged in their first
successive Irish governments. They have facili‐
date. They wanted their ever bout of industrial action on Thurs‐
one way to address it, through active and demo‐ tated this type of union‐busting practice, which
democratic and human right to day, 14th June, 2019. In the best inter‐
cratic trade unions. means the only way workers can avail of their
be represented by a trade union ests of their customers, many of
When the Lloyds Pharmacy workers started internationally recognised human right to trade
of their choice, but unfortu‐ whom depend on life‐saving medica‐
to organise, the company, recognised the threat union representation is by striking and losing
nately, Ireland, as an outlier in tion from the pharmacy, the workers
to their substantial profits and exhorbitant ex‐ out on pay for doing so.
the EU, has no legislation to vin‐ decided a one‐hour stoppage would
ecutive pay. They tried everything they could to But when you’re up against the largest phar‐
dicate that right, and so they suffice, in the hope that manage‐
prevent unionisation. Mandate wrote to the maceutical company on the planet with vast re‐
were forced to take industrial ment would put their customers
company in February 2017 seeking a meeting, sources, the odds are firmly stacked against you.
action. and staff first. They didn’t.
and immediately management set out to deny Mandate, in the coming weeks and months,
On June 7th, the workers bal‐ The workers had scheduled a
their workers an effective voice at work. will be working with other trade unions in Ire‐
loted for industrial action by a two‐hour stoppage the following
They set up an internal ‘yellow union’ called land to seek legislative changes that make it
landslide 92% in favour. There week, and a three‐hour stoppage
the CRC. Members of the CRC were not demo‐ easier for workers to join trade unions, make it
were now almost 280 Lloyds the week after, with the hope they
cratically elected, as they would be in a trade easier for them to take industrial action and
workers who had joined their wouldn’t have to engage in any of
union, but were instead hand‐picked by man‐ also strenghten workers’ rights to representa‐
union in almost 40 stores. them. Regrettably, they did have to.
agement. tion. Watch this space.
Lloyds management, rather than After three days, management contin‐
The CRC, in tandem with management, made In the meantime, if you want a pay increase
allowing their workers their right to ued their intransigent attitude, refusing to
a proposal on May 4th in an attempt to buy the or improvements in your conditions of employ‐
engage with the workers’ union, and in‐
workers off. The proposal contained a pay in‐ Amy Bannon: ‘I received a 34% pay rise ment, do what the Lloyds Pharmacy workers
stead continuing the pretence of negoti‐
crease of 2.5% for all on pay rates of €10.60 per as a direct result of our campaign’ did. Join your trade union and get active in it.
April 2019 y SHOPFLOOR 11You can also read
