RESPECT? We deserve - Mandate Trade Union
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SHOPFLOOR
MANDATE TRADE UNION OCTOBER 2018
l Back to Labour Court as industrial action suspended
l Lloyds Pharmacy workers claim activists targeted PAGES
3,4,5
MEMBERSHIP SURVEY
RESPECT? We deserve
nothing less...
Find out the facts: YOUR experiences, YOUR words...
SPECIAL PULLOUT SECTION – CENTRE PAGES
COVER STORY
STRAIGHT
TALKING Raise the Roof and raise Hell
THERE can be little doubt that Ire- fordable” house is one priced at Gael and Independents, supported by
John Douglas land is in the middle of a housing
emergency. Our city centres are lit-
€320,000? Your deposit alone will be
€32,000.
Fianna Fail, are plundering the public
purse and public assets to line the
General Secretary
tered with the makeshift cardboard Can you imagine a scenario whereby pockets of vulture funds, landlords and
Mandate Trade Union
“bedding of thousands of homeless” Wicklow County Council have not built developers.
who bed down each night in a differ- one single public house since 2013? The land in State ownership is owned
ent shop front or alleyway. Can you imagine young retail workers by the people of Ireland and must be
Our hotels and B&Bs are full of fami- chasing rented accommodation in used to build universal public houses
lies who have been left to rot on public Dublin, Cork, Galway, Limerick etc., with for our citizens.
housing waiting lists for decades. Can landlords charging rents of up to The land is there, the finance is
you imagine raising your children in a €2,000 a month? there, what is lacking is the will, be-
one-room B&B on Gardiner Street, There is no need to imagine: this is cause Fine Gael and its allies are wed-
Dublin, eating, sleeping, homework the sad reality for hundreds of thou- ded to an ideology that puts private
etc., all in one room – the children’s sands of Irish citizens – no hope, no fu- capital ahead of the common good.
playground being the landing or the ture, a Government condemning them I will be joining thousands of others
main street? to landlords, vulture funds and devel- at the lunchtime rally on October 3 out-
Can you imagine living in a ‘hub’ with opers. side the Dail. This is a first step in halt-
eight to 10 other families, sharing the Minister Eoghan Murphy’s only an- ing the inhumanity of the current
same common areas and with little or swer is to hand over public lands to pri- housing emergency.
no privacy? Can you imagine being a vate developers to build private We have a government that has no
young retail worker hoping to save for housing, and, of course, some “afford- moral compass and is out of touch,
a home, when Eoghan Murphy, the able housing” (€320,000) with a spat- whether you are 16 or 86, I urge you to
Minister for Housing, Planning and tering of public housing (10%). make the time to be there at
Local Government, believes that an “af- Once again this Government of Fine lunchtime on October 3.
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
2 SHOPFLOOR y October 2018
NEWS
Gerry Light
addresses
Lloyds
Pharmacy
workers at
September 25
meeting in
l Employer accused of targeting activists l Union will take battle back to Labour Court
Dublin
Lloyds Pharmacy workers in vote to
temporarily suspend industrial action
“
By David Gibney
Mandate communications officer
MANDATE members working at
Make no mistake,
Lloyds Pharmacy have voted by 75% this dispute is
to temporarily suspend industrial ac- continuing. Our members
tion. The decision was taken at a
mass meeting of members at City- are reserving their right
west Hotel in Dublin on September
25. to participate in further
The workers claimed the reckless industrial action in the
and disgraceful behaviour of their
employer, who has refused to engage future should the
with their workers’ union, has both company continue its
inconvenienced the public and dam-
”
aged the business. non-engagement
“We care about our customers. We
hate seeing them inconvenienced. We
only wish that management felt the
sues in dispute. Mr Light told
Shopfloor: “Make no mistake, this dis-
same,” said one Lloyds worker who
wished to remain anonymous.
“It seems the company would pute is continuing. Our members are
rather close shops, inconvenience the reserving their right to participate in
public and damage the business further industrial action in the future
rather than allow us our right to rep- should the company continue its non-
resentation,” she continued. engagement.”
And Mandate claimed the company The dispute between Mandate and
had “targeted” a number of trade Lloyds Pharmacy is in relation to a
tempting to claim the high moral of the minimum wage in the business; now be taking a case to the Labour claim for:
union activists in a bid to create a
chill effect. ground by pretending they care about significant pay increases of up to 24 Court seeking to improve on these l A pay increase with adequate in-
Another Lloyds worker, who spoke their workers and patients? If they per cent; the introduction of pay achievements.” cremental pay scales (Lloyds work-
at the meeting, said: “There has been did care, like we do, they could pre- scales; the re-introduction of a sick The Labour Court has already is- ers’ pay scales start at €10 per hour);
intimidation on a grand scale since vent all strikes by simply agreeing to pay scheme; the payment of pharma- sued a recommendation instructing l A sufficient sick pay scheme;
we began our campaign. Pharmacists a meeting with our trade union.” cist professional fees; and the prom- Lloyds Pharmacy to allow their work- l Security of hours and the elimi-
have been constantly pressurised. It’s Mandate Assistant General Secre- ise of secure hour contracts being ers the right to be represented. How- nation of zero-hour contracts; and
no wonder half the workforce wants tary Gerry Light said: “Since we implemented.” ever, the company has refused to l Improvements in annual leave
to leave.” began our campaign 18 months ago, He added: “We don’t believe these engage. Now Mandate will seek a rec- entitlements and public holiday pre-
She added: “Yet the company is at- our members have won the abolition concessions are sufficient, so we will ommendation on the substantive is- miums. Strike pictures - pages 4/5
October 2018 y SHOPFLOOR 3
LLOYDS PHARMACY STRIKE
Clondalkin Finglas Knocklyon
Lucan
Killester
Carpentertown Road
Crumlin Mullingar
Bray Blanchardstown Baltinglass
4 SHOPFLOOR y October 2018
LLOYDS PHARMACY STRIKE
Drumcondra Drumcondra
Stoneybatter
Blanchardstown
Tonlagee Road Shankill
The Mill
Wicklow Main St Rowlagh
Lucan
Artane
5
October 2018 y SHOPFLOOR
NEWS
Allegations HOUSING & HOMELESS CRISIS
against
striking
workers
rubbished Pictures: RollingNews.ie/Congress
Joint call issued for radical
Fr Peter McVerry joins ICTU President Sheila Nunan and Orla O’Connor of the National Women’s Council at Raise the Roof launch
at hearings
MANDATE has welcomed the positive outcomes of
adjudications involving 10 of its members at Tesco
Sligo who were subject to disciplinary sanctions
by the company following the pre-’96 dispute in
2017.
In total action was taken against 13 members of
staff – three are still ongoing.
All 10 members were pre-’96 staff and were on
change in policy on housing
A WIDE range of trade unions, housing ad-
vocates, campaign groups and civil society
commented: “The crisis is clearly a woman’s
issue, with our rate of female homelessness
picketing duty at their nearest striking store, Tesco bodies have issued a joint call tomorrow for now double that of other European coun-
Longford. a radical shift in housing policy. tries. More than 60% of homeless families
North and West Divisional Organiser Ciaran The Raise the Roof initiative involves are lone parent families, the majority lone
Campbell explained to Shopfloor: “All of the strik- housing advocates such as Fr Peter McVerry, mothers.
ing members were accused of unlawful industrial the Irish Congress of Trade Unions, the Na- “The shocking rates of women and child
action and being absent without leave, commonly tional Homeless & Housing Coalition, the homelessness are a result of the dramatic in-
known as AWOL. Union of Students in Ireland, the National crease in families forced from their homes
“During the stressful in-house disciplinary Women’s Council and other civil society due to rising rents, the majority of whom are
process, many of these long-serving members – groups. women-headed lone parent families.”
most, if not all, of whom never ever incurred a dis- At the initiative launch in Buswells Hotel Michelle Byrne, of the USI, said: “The Union
ciplinary sanction prior to this farce – were sub- calls were heard for a sweeping change in of Students in Ireland is calling for a higher
jected to allegations that have since been proven housing policy, including a major pro- supply of quality and affordable student ac-
unfounded. gramme of public housing construction, an commodation. We also want to see Purpose
“They were similarly exposed to a disciplinary end to evictions into homelessness and es- Build Student
process that was inherently flawed in how it was tablishing a legal right to housing.
conducted, not only in terms of natural justice but Security & protection
which was in absolute conflict with the company’s Almost impossible “Accommodation (PBSA) rent caps of 4%
own disciplinary procedures.” Speaking ahead of the September 6 as currently they do not fall under the rent
launch, Congress President Sheila Nunan pressure zones legislation. Students also
Fully impartial told Shopfloor: “This crisis is an issue for need legislation to be put in place for digs-
Mr Campbell said that it was not until the adju- everyone. It is now almost impossible for style accommodation in order to give them
dications were held that members got a “fully im- workers, young families and students to se- greater security and protection.”
partial and fair hearing” at which each allegation cure decent, affordable accommodation and Speaking on behalf of the National Home-
was dismissed by the Adjudication Officer. this has put intolerable pressure on living less & Housing Coalition, Aisling Bruen said:
“The Adjudication Officer rightfully declared standards across all sectors. “The housing crisis is not a natural disaster
that he hadn’t the authority to determine the le- but one that has been made by human hands.
“We need to see a dramatic increase in the
gality of the claimants’ actions and it was up to the People face evictions, are stuck in over-
supply of quality, affordable public housing.
company to take this matter before the courts. crowded homes, in hostels, hotels and direct
Housing is a human right and should not be
“He further stated during the hearing that if it provision: this has become our 'new normal’
the plaything of speculators.” Stalwart housing campaigner: Fr Peter McVerry
was the case that the company had an issue with – we all know someone who has been af-
Fr Peter McVerry said: “When will the em- frain from government that ‘we just need
the legality of the union’s actions, why were they fected.
peror finally realise that he has no clothes? more time’ just does not wash anymore. We
taking it out on the individual members who were
Homeless figures are up, house prices are up need to see a dramatic change in policy to re- “t is unacceptable and at a national level
only following union instructions having ensured
and the fact that government policy has solve this worsening crisis.” grassroots and community action in re-
that the ballot for industrial action was fully com-
pliant with their own rules and that of the Indus- failed is staring us all in the face. The old re- National Women’s Council’s Orla O’Connor sponse to the crisis is now growing.”
trial Relations Act 1990.”
According to Campbell, the Adjudication Officer
said it was obvious the local management knew
where the claimants were and what they were
doing during the dispute and could not be accused
of being AWOL.
The Adjudication Officer also expressed serious
concerns over how the disciplinary process had
been applied.
Mr Campbell added: “While it is regrettable that
the company are prolonging this nonsense by ap-
pealing the decisions to the Labour Court, it nev-
ertheless remains the case that these brave
Mandate members have fought for and got the de-
cisions they deserve – decisions that they and
Mandate will do all at the appeal hearing to pre-
serve and protect.”
6 SHOPFLOOR y October 2018
NEWS
SuperValu success follows recruitment hike
WHILE welcoming the recent negoti-
ated pay increases for staff working
He told Shopfloor: “The 1.5% pay
increase effective from 1st April 2018
in new members. properly represented numerically
but – equally importantly – we need
He continued: “What is particularly
for the Kavanagh Group of SuperValu to 31st March 2019, while welcome, pleasing is we now have members in to be well organised.”
stores across Mayo and Donegal, a is not the real news item here. stores where up to now we have had And Mr Campbell singled out Man-
senior Mandate official has also “More importantly was the com- no actual presence. It is important date Organiser Gerard Halligan for
praised what he called the “prevailing pany’s recognition of the prevailing that we continue to build on this, es- particular praise in boosting local
good industrial relations” that had good industrial relations with Man- membership of the union.
pecially ahead of the next round of
helped secure the settlement. date and their willingness to allow us “The real credit in recent member-
Divisional Organiser Ciaran Camp- to meet and greet current and poten- pay negotiations that will hopefully
ship uptake should go to Gerard, who
bell pointed out that the deal had en- tial members in their Mayo and Done- start in March/April of 2019. has put in a tremendous effort in
sured an “effective increase across all gal stores during opening hours.” “We believe there is still a serious achieving this. It wouldn’t have hap-
rates of the current pay scales” but of Mr Campbell said the union had body of work to be done with regard pened without his serious energy and
equal importance it had given Man- put this “new opportunity and to our members’ pay alongside im- dynamism. The results of his efforts
date access to stores “as a means of arrangement” to good use and had proving other terms and conditions, are there to be seen – we just need to
recruitment and organising”. ‘Energy and dynamism’: Gerard Halligan subsequently seen a “notable uptake” but this can only be done if we are build on them!”
Labour Court calls on Tesco to
Commenting on the move, Divi-
sional Organiser Ciaran Campbell de-
scribed it as “very worrying but not
surprising development in our indus-
trial relations with this employer”.
He told Shopfloor: “They have not
return to normal I.R. processes
responded to our overtures that both
sides should abide by the Labour
Court recommendation and the long-
standing collective grievance proce-
dures that we have both historically
honoured. It is our position which has
been vindicated that we have done so
ACCORDING to Mandate, the Labour is fully exhausted’. and are still willing to do so.”
Tesco
Court recommendation LCR21742 Carrick-on- “It is clear to the Court that that re- Mr Campbell said the union had no
clearly verifies and vindicates its long Shannon: quires both parties to continue in alternative but to consult with mem-
and often-stated position that Tesco
Mandate
process until all avenues have been bers at the Tesco Carrick-on-Shannon
Ireland Ltd seems intent on de-recog-
claims
exhausted. In the circumstances of store to determine what next steps to
management
nising the collective bargaining rights breached this case that has to mean that follow- take.
and agreements with the union. agreement ing the failure to resolve the issue at “As we are doing this there are
The Labour Court presided over a on hours conciliation, both parties were re- other collective grievance issues af-
complaint hearing where Mandate quired to move to the next step, i.e. a fecting other groups of members aris-
argued on behalf of a number its joint referral to the Labour Court as ing which are clearly being dealt with
members working at Tesco Carrick- per s 26 (1) of the 1990 Act.” in a manner that steps away from the
on-Shannon that the company had Agreements agreed process.”
He warned: “This is only fuelling
breached the 2006 company/union procedures – but this was refused. gued that the requirement and – in- The recommendation continued:
agreement over the assigning of extra our members’ discontent and it is
At a Labour Court hearing in May deed – the expectation was that the “It has always been the position of the
hours to current staff over a period of Court that it will uphold employer/ very obvious that we are fast reach-
2018, the company stated that de- issue would be processed to its con-
time from 2013 on. worker collective agreements. There- ing a crisis point in this store.
spite the fact there was a union/em- clusion through the agreed proce-
Mandate referred the complaint ployer-agreed grievance procedure dures that included joint referral to fore, the Court recommends that the “Mandate is firmly of the view that
under Section 20(1) of the Industrial there was no obligation on it to agree the Labour Court. The union argued parties return to conciliation to agree the company has stepped away from
Relations Acts 1969 having ex- a joint referral to the Court if the that this had been the norm up to a joint referral of the issue in dispute the collective grievance procedures in
hausted the company’s collective issue could not be resolved at concil- then. in accordance with their own collec- this and other similar-type cases and
grievance procedures and after un- iation. The Labour Court issued the fol- tive agreement and s26(l) of the 1990 this thus provides that under clause
successful conciliation efforts at the They further stated that the agree- lowing recommendation: “The Court Act.” (9) (3) of the 1991 Industrial Rela-
Workplace Relations Commission. ment only obliged them to attend a notes that the collective grievance Following this recommendation, tions Act which states, ‘procedures
The union sought the company’s joint third party and that by attending the procedures (stores) states: ‘as per Mandate wrote to the company seek- shall be deemed to be exhausted if at
referral to the Labour Court in keep- conciliation hearing they had fulfilled normal practice during any griev- ing their commitment to adhere to any stage an employer fails or refuses
ing with the collective grievance and their obligations under the agree- ance, colleagues will work under procedures, but to date there has to comply with them’, we can prop-
recognised company/union dispute ment. Mandate disputed this and ar- protest until the grievance procedure been no response. erly consider industrial action.”
Mandate activists at Tesco vow ‘enough is enough!’ UP TO 100 Mandate activists working at pay rates, pay equality, weekly hours, full-
Tesco Ireland met on September 9 in Dublin time jobs, rostering, dignity, respect and
to determine the future for all workers in representation rights.”
the company. This campaign will be driven by Mandate
Tesco has been attempting to de-unionise members working in Tesco.
their workforce through an initiative, According to Mandate, the union has an
dubbed ‘Project Black’, over the last number army of activists throughout Ireland ready
of years. They have engaged in a campaign to take action and to ensure that Tesco
of anti-union activities, victimisation of abandons ‘Project Black’ because decent
trade union members, attacks on terms and terms and conditions of employment – in-
conditions of employment and the refusal to cluding respect and dignity in the work-
abide by their own procedures and agree- place – only come about when workers are
ments. prepared to act collectively and stand in sol-
In September these activists said: idarity with each other.
"Enough is enough!" Mandate Assistant A comment from one of the workers at
General Secretary Gerry Light gave a pres- the meeting hightlighted the current situa-
entation on the imminent escalation of the tion in Tesco: “They put up a notice on our
Tesco workers' campaign at the meeting noticeboard telling us that they are ‘a great
which was held in the CWU headquarters. place to work.’ They did this at a time when
It involves a significant industrial rela- they're making our lives hell on earth.”
tions element including a claim over “hourly
October 2018 y SHOPFLOOR 7
PERSPECTIVES
NEWS
OPINION
Don’t be conned by bogus titles, organise
VIEW from
SHOPFLOOR
OVER a number of articles in past ees will turn to a trade union in time cantly increasing the market value
the
editions of Shopfloor I have out- of need. of Boohoo over the next five years.
lined the rapid changes that are Under this corporate driven struc- Along with the above two exam-
Gerry Light
taking place in the world of retail. ture rarely does the power of workers ples we have also recently wit-
Clearly what is being witnessed is extend to the boardroom and the im- nessed the near or partial collapse
the demise of traditional brick Assistant General Secretary
Mandate Trade Union
portant decision-making processes. of other major UK retail institutions
and mortar stores as consumers Neither does this employer-be- such as House of Fraser, Homebase
in significant numbers turn to on- stowed status protect workers from and Debenhams. With the uncer-
line shopping to conduct their a scenario is not positive for retail The John Lewis Partnership em- the cold winds of change that is tainty of Brexit around the corner,
transactions. workers and their dependents. Con- blowing through the retail sector at one thing is for certain we have not
ploys around 83,000 workers across
Already we have seen signs that sequentially the call that I and Man- its retail outlets which includes the the moment. seen the end of these type of stories
the future which evolves from such date have been promoting is for Waitrose supermarket chain. The Evidence of this is in the fact that in for the foreseeable future.
workers to understand what is com- name of the company derives from a the last year alone the JLP has made Any worker who continues to be-
ing down the tracks and not to leave business model which deliberately more than 1,888 partners (workers) lieve that the benevolence of an
it too late to take measures in order does not refer to staff as workers redundant and its much-heralded, employer will extend to a point
to protect their interests. rather they are called partners. profit-sharing scheme is unlikely to where parity of esteem will be ap-
The JLP is not alone in adopting yield a dividend this year as profit lev- plied when a business hits the wall
The most effective way of doing els are so low to be non-existent . is sadly mistaken.
this approach as many other retailers
this is through collective action and Another indication of how rapid It is at times such as this that the
have followed similar approaches by
by being a member of a trade union. the changes taking place comes in disingenuous and shallow nature of
referring to staff as either associates,
Even at this stage of the game collaborators or stakeholders to the recent news that Boohoo, one of spurious collaboration employment
many workers will not or do not want name but a few. This well-used tactic the leading online clothing retailers, models that use fancy names for
to heed this message. However, an- is a deliberate attempt to try and con- has just poached the CEO from Pri- employees and meaningless prom-
other bad news story emanating vince workers that they are more mark, currently the most successful ises of worker democracy and par-
from one of the UK’s traditional retail deeply embedded in the business in store-based business. The attack on ticipation are seen for what they are
powerhouses clearly shows that order to get them look beyond the traditional retail is on and it’s coming – nothing more than a deliberate
workers should never become com- traditional worker/employer relation- from all quarters. Once again this deception trick commonly used by
placent or for one moment believe ship and the natural conflicts that will type of development will not be certain employers to weaken and
when push comes to shove that inevitably arise from time to time. good for workers while on the other ultimately remove the power of
an employer will prioritise em- One of the other reasons why em- hand the ex-senior Primark executive workers acting either individually or
ployees interests over that of the ployers adopt this strategy is to has been offered a bonus of up to in combination, with the latter
NEWS
business. make it less likely that their employ- £50 million if he succeeds in signifi- being the ultimate objective.
€2,500 compo paid to Mandate member over ‘untidy beard’ claim
MANDATE Divisional Organiser The staff member had worked with long as it is neat and tidy – which the the proper beard nets and instead of ited three of the chain’s stores and re-
Michael Meegan has won a significant the chain since June 2012 with an ex- worker claimed applied in his case. trying to resolve the issue in a timely porting seeing a number of male em-
case in the Workplace Relations Com- emplary record, including winning a Mandate told the WRC that the manner, they compounded it by sus- ployees with beards of various
mission after a retail outlet was or- number of awards for his service. man’s treatment regarding his beard pending him for four months without shapes and sizes.
dered to pay €2,500 to a worker who In his submission to the WRC, Mr was “totally unacceptable and was a pay”. He said there were no male,
was sent home and remained off Meegan said the Mandate member – form of bullying and harassment”. He added that when the worker bearded employees wearing beard
work for months without pay for hav- who remains employed with the re- The union said that the suspension sourced his own beard nets, manage- nets. However, some were working
ing an “untidy beard”. tail chain but is on sick leave – was given to him without subjecting ment refused to let him wear them
behind food counters. He concluded
WRC adjudication officer Jim Dolan claimed that “management began a him to the disciplinary procedure, and sent him home unpaid.
that local store managers had a de-
described the sending of the worker vendetta against him because he had which is a blatant breach of fair pro- The worker said that because of
home without pay over the ‘beard in- a beard”. cedures. the unacceptable treatment over his gree of discretion in relation to what
cident’ as “a punitive action” by the He said that the management’s be- The company handbook states that beard, he suffered depression and constitutes a neat and tidy beard.
retail company. haviour towards him deteriorated “beards and moustaches should be was certified unfit for work due to Dolan said the retail chain should
He said that while the scale of the from mid-2014 due to his facial hair. neat and tidy and always well- work-related stress, which he is still consider a suggestion by the worker
worker’s loss of earnings was not The union pointed out that the groomed”. suffering from today. that management display pictorially
clear, he was recommending a com- company’s staff handbook stated that Mr Meegan said that management The WRC adjudication officer, Mr what constitutes a neat and tidy
pensation payout of €2,500. staff are allowed to have a beard as failed to supply their employee “with Dolan, as part of his investigation vis- beard.
l Starting from scratch this course helps you to improve your
communications skills.
l Courses are open to members who have not achieved their
Training Course
Leaving Certificate or who have an out of date Leaving Certificate.
(QQI Level 3)
Communication Skills:
For those who want to brush up on their writing and spelling skills while
also developing personal and interpersonal skills which are important for dealing
with workplace and personal situations.
DO YOU HAVE A DESIRE TO IMPROVE YOUR
COMMUNICATIONS SKILLS? BUT NEVER GOT AROUND TO IT? Evening Courses take place one evening per week for
a duration of 12 weeks in a venue near your workplace.
Mandate Trade Union in conjunction with Skills for Work
is offering funded training. The courses are to encourage members back If you are interested please contact Mandate’s Training Centre
on 01-836 9699 or by email mandateotc@mandate.ie
into learning and training whilst aiming
towards a QQI Level 3 Award.
Check out www.mandate.ie for further training courses
Places are limited and are allocated on a first come, first served basis.
Courses are delivered by the Education and Training Board in a location near your workplace.
8 SHOPFLOOR y October 2018
NEWS
€15/hour
campaign
gathers
steam...
By David Gibney
Mandate communications officer
THE Organise for €15 per hour
events have continued to take place
across a number of Mandate divi-
sions. So far, Arklow, Athlone, Bray,
Castlebar, Dublin and Sligo have
hosted gatherings. Trademark’s Stevie Nolan sets out the figures at Sligo event, while
The meetings have been well at- Josephine Faughnan of Lloyds Pharmacy, left, speaks in Dublin
tended with great feedback from
members who believe it is time they
raise their own expectations about Winning improvements in terms
their pay and conditions of employ- and conditions of employment has
ment. never been easy. Since the foundation
Those attending the event hear of Mandate and its predessessor
how the compensation Irish retail trade unions, benefits have always
and bar workers get is well below the been won by workers and never been
EU average yet profit levels among delivered by a benevolent employer.
some retail outlets is high – and grow- If we are to improve the living
ing. standards of our members, we must
Mandate believes that workers first raise our expectations, then get
have a right to have expectations of at ourselves organised.
least the Living Wage (€11.90 per Our employers are in trade unions
hour) with that rate growing to €15 (IBEC), our doctors are in trade Speaker from the floor at Organise for €15 meeting in Sligo, above, while Brian Forbes speaks in Athlone, below left. Audience in Castlebar, below right
per hour over a short period of time. unions, even our professional foot-
Of course, where an employer cannot ballers and GAA players are in trade
afford to pay these rates, then accom- unions. They understand that there is
modations can be made. But, cru- strength in working as a collective.
cially, many employers can easily pay And so should you.
these rates, they simply choose not to.
The campaign is not only about SLIGO
headline rates of pay, it’s about secure At the Sligo Organise for €15, speak-
hours, decent rostering, increased an- ers included Denise Curran (Tesco),
nual leave entitlements and fair sick Jason Kavanagh (Tesco), Colette Con-
pay schemes, among other benefits. naghan (Penneys), Brian Forbes
More than 100,000 workers say (Mandate), Stevie Nolan (Trademark
they are underemployed, meaning Belfast), and Thomas Pringle TD (In-
they want more hours at work, but dependents4Change). DUBLIN
cannot get them. Mandate is cam- Speakers at the Dublin event included
paigning through the Secure Hours = Josephine Faughnan (Lloyds Phar-
Better Future campaign to change leg-
CASTLEBAR
Keith Leonard (Tesco), Mark Drew macy), Joan Gaffney (Brown
islation so that low paid and precari- (Tesco), Rowena Gillespie (Penneys), Thomas), Amy Moran (Jigsaw in
ous workers are protected on these Ciaran Campbell (Mandate) and Arnotts), David Gibney (Mandate)
issues. This is also part of the Organ- David Gibney (Mandate) spoke at the and Stevie Nolan (Trademark
ise for €15 objectives. Castlebar event. Belfast).
Union Representatives Introductory Course
The Union Representative Introductory Training Course is for new shop stewards/union representatives. The course aims to provide
information, skills and knowledge to our shop tewards/union representatives to assist them in their role in the workplace.
COURSE CONTENT: • Background to Mandate • The role and responsibilities of a Shop Steward/Union Representative
• Examining disciplinary/grievance procedures • Developing negotiating skills • Representing members at local level
• Communication skills/solving members’ problems • Organising, Recruitment and Campaigns • Induction presentations.
CERTIFICATION AND PROGRESSION:
Members who successfully complete this course will obtain a Mandate certificate. They may progress to a Union Representative
Advanced Course and to other relevant training courses offered by Mandate.
If you are interested in this course, please contact your Mandate official or Mandate's Training Centre at 01-8369699. Email: mandateotc@mandate.ie
October 2018 y SHOPFLOOR 9
NEWS
NEWS
TESCO CASE VICTORY
WRC recommends written warning be removed
THE Workplace Relations Commis-
sion has recommended that all refer-
ences to a first written warning
issued to a Tesco worker for alleged
serious misconduct for failing to de-
liver a customer order be removed
from his employment records.
Mandate appealed to the WRC on
behalf of a member who worked at
the time as a delivery driver at the
Clarehall store in Dublin. The appeal
was lodged under Section 13 of the
Industrial Relations Act 1969.
Industrial Officer John Callan
Dublin North set out the background
to the case.
He told Shopfloor: “The member
John Callan: investigation process flawed
has been employed by Tesco for more
than 11 years. He is an active member positive relationship with the stores
of the local union house committee health and safety local management
and the elected health and safety rep- team and pointed out that the issue of
resentative for the store. It is a role to health and safety should not be a
which he has dedicated a significant cause of conflict between workers
portion of his own time to training and management.
and he is committed to ensuring his Censured Tesco worker, employed as a delivery driver at the time, has been vindicated by WRC recommendation Picture: Lars Plougmann (CC BY-SA 2.0) “She noted that our member was
store is a safe place to work. for such an incident by phoning into He later appealed this in December Mandate also argued that the in- passionate in his role as a health and
“In April 2017, it was alleged our the Customer Service Centre. How- 2017. However, no outcome was re- vestigation was flawed, flagging up safety representative and encouraged
member failed to deliver an order to ever, the investigating officer decided ceived by Mandate to this appeal and concerns over the disciplinary a more constructive relationship
a customer. A number of investigation to forward the matter to a discipli- the case was subsequently referred to process. These included the fact that going forward between both sides.
meetings took place where our mem- nary hearing. the WRC in June 2018. basic records had not been made “She also recommended that our
ber explained that he could not de- “A disciplinary meeting took place At a WRC hearing in August 2018, available to the member’s trade member be supported in availing of
liver the customer’s order because no in July 2017 and once again our mem- Mandate argued that the member union representative along with un- training to improve his skills as a
parking was available due to local re- ber pointed out he could not deliver had been unfairly issued with a first precedented delays in the issuing of health and safety representative and
strictions in place at the time in the the customer’s order because of written warning. The union insisted outcomes. it was also recommended that Tesco
city centre. health and safety concerns.” Tesco had ignored genuine health Mr Callan said: “The adjudicating remove all references to the first
“He also explained that he followed In October 2017, the member was and safety concerns and had failed to officer in her recommendation en- written warning of October 2017
his training and the normal process issued with a first written warning. consider a less punitive sanction. couraged our member to develop a from his file.”
STAY
Computer Applications
CONNECTED www.mandate.ie
Basic Skills QQI Level 4
What you’ll learn...
Learn English with
l Word processing common uses for example:
document formatting, graphics tables and mail merge.
Mandate for free!
l Create documents applying a range of processing features. Mandate, your trade union, is offering English speaking
l Use proofing tools such as spell check, thesaurus classes for members. The course is for members who
while speaking some English have never had the oppor-
and search/replace.
l Learn File Management facilities.
tunity for formal training. In the course you will learn the
basic grammar and improve your vocabulary. You will
have the chance to correct those mistakes that your
Venue: Mandate Training Centre, Distillery Road, Dublin 3 workmates are too polite to tell you about! Improved
Cost: Free of Charge Eligibility: Mandate members
Training is FREE to Mandate members. If there are
10 Mandate members who wish to attend this training,
Evening Courses take place one evening classes will take place in a location near to your workplace.
per week for a duration of 12 weeks.
If you are interested please contact:
Mandate’s Training Centre
on 01-8369699
If interested contact Mandate Training Centre on
01-8369699 or email mandateotc@mandate.ie Places are limited and are allocated on
first come, first served basis
10 SHOPFLOOR y October 2018THINKING OUT LOUD...
Cash, chaos and strategies for change central banks, politicians and bureau- A progressive movement needs a
Conor crats. It amounted to a direct attack
on the lives of hundreds of millions of
set of objectives; an organisational
structure to harness the societal en-
McCabe people.
The naked threats of the European
ergy that is out there for progressive
change, a plan on how to achieve
Central Bank and European Commis- those objectives, and crucially the
sion to cut funding to non-compliant ability to think and rethink the plan
states, the use of the euro as a bludg- while it is in operation. The objec-
eon for political and economic pur- tives stay the same, the flexibility is
poses, is a far cry from the standard in the methods we adopt to get there.
MONEY exists in an opaque space, definition of money as an asset that This is about education, in particu-
with its own language and gatekeep- simply functions as a store of value, a lar activist education, all framed by a
ers to knowledge. As citizens we are unit of account, and a medium of ex- class consciousness and a gendered
required to support the profit-seek- change. It is a benign reading of analysis of societal relations – that is,
ing strategies of financial institutions, money does not fit too well with the an awareness and understanding of
but we are not supposed to question evidence we have of it being used to how class and gender works, their
Illustration: Frits Ahlefeldt-Laurvig (CC BY-NC-ND 2.0)
those strategies, the logic that under- cajole and bully entire peoples into economic and gendered necessities,
pins them, nor the power relations political and economic deci- and the organisational solidarity
that envelop its world. sions that are clearly needed to tackle overcome them.
Money is just a thing, the econo- against their collec-
mists say, one that is too complicated tive interests. The fi- Education
for ordinary and feeble minds. nancial system Activist education, done properly,
Yet as the 2008 crisis showed, works for those who does not teach you how society
when finance crashes, societies fol- wield the most influ- works so much as teach to think
low. The hold it has on our lives is not ence over it. This is a about how society works. It does that
abstract. It is real, and it is vicious. class interest and it has for a very specific and practical rea-
In the case of Ireland, the decision deep roots. son: activists are on the ground and
to give an almost blanket guarantee The question, then, is they need to be able to adapt strate-
to six banks was in effect a bailout of how do we replace pri- gies as and when the need arises.
those institutions and a cohort of vate financial interests They need to be able to think clearly
their property-based clients. The fact with social solidarity, about how to achieve the same objec-
that it failed does not take away from and how do we do it that has the best chance
tives but by different means as cir-
the intention. It was an exercise in without making of achieving this is that
cumstances change.
genuine political and economic things worse? With- of a commonwealth of
When we talk about education we
power, one that put certain vested in- out a workable civil society and trade
are talking about a way of harnessing
terests over the well-being of the method of implemen- unions working in tandem
with a progressive political the experience and creativity of ac-
state. tation any vision put tivists, and placing that energy within
All across Europe governments im- forward of a progres- sphere. This presents its own
challenges of course, but the al- a conceptual framework of economic
posed austerity. It was an act of self- sive and equal Ire- class and gendered power relations
preservation by financial institutions land is merely an ternative is acquiesce, and that is
no alternative at all. and how they operate in Ireland
that was implemented with zeal by aspiration. The model today. Education used in this way
No plan of course survives contact
with reality. The more intricate the simply gives direction and focus to
design, the more likely it will fail. To what is already there. Education is
“
not knowledge; it is understanding. It
Money is just a thing, the economists coin an old phrase, 'Man plans and
God laughs'. is not passive; it is active.
say, one that is too complicated for The strategies that work are the Education is a tool that builds a
ones that leave room for creativity deeper understanding social and
ordinary and feeble minds. Yet as the 2008 and spontaneity. They have to do this, economic power relations by using
crisis showed, when finance crashes, for the world has a way of throwing the knowledge and experience of ac-
tivists on the ground. A movement
curve balls that knock you over when
societies follow. The hold it has on our lives you least expect. This means that a that is able to think for itself – gen-
”
is not abstract. It is real, and it is vicious progressive movement cannot simply uinely think for itself – is genuinely
follow a plan as if life is some sort of transformative.
predetermined pathway. It is entirely achievable.
The financial class in Ireland holds enormous sway over our lives, and is
deeply embedded within the institutions of the State. Money by Conor McCabe
outlines the way that class operates. It will demystify the subject of money and
its power, and it will provide cogent plans of resistance as we work to build a
more democratic and accountable state.
A frequent contributor to Shopfloor, Conor McCabe has written extensively on
Irish finance and is involved in activist education, working with political, trade union,
and community groups in both the Republic of Ireland and Northern Ireland.
Price: €9.95 Published by Cork University Press
October 2018 y SHOPFLOOR 11INFODESK EXPENSES INFODESK
NEWS
Uniformly condemned
RALLIES & DEMOS
ICTU to meet
Garda chief
Mandate slams changes to flat rate expenses following Revenue review over policing
FOLLOWING a review of flat rate
(employment) expenses by the Rev- THE Irish Congress of Trade Unions
enue Commissioners, the decision has called for a meeting with the
has been made to cease the current Garda Commissioner at concerns
automatic system which applies to over the policing of rallies and
shop assistant grades. This will take demonstrations.
effect from the end of the 2018 tax The move followed a meeting of
year. the Congress Executive Council at
All shop assistants were entitled to which the policing of recent hous-
an un-vouched income disregard al- ing protests was discussed.
lowance of €121 a year. This was to General Secretary Patricia King
cover the purchase and maintenance said: “Congress condemns outright
of staff uniforms necessary for the the sinister nature of the recent re-
performance of their duties as sales moval of peaceful activists and pro-
assistants. testors by private and
Submission unaccountable persons, with
masked gardaí present.
So for workers earning more than
€16,500 a year this meant an annual “We believe this escalation and
net benefit of either €24 or €48, de- intimidation of peaceful activists is
pending on their tax band and earn- a serious misuse of the civic power
ings. and should not be repeated.
Mandate made a detailed submis- “In addition, those operating
sion to the Revenue Commissioners within the private security sector
seeking the retention of the old flat must at all times act within the law
and the regulations that govern
Picture Forsa
rate expense system but to no avail. Revenue headquarters – do the number-crunchers understand the realities of life for lower-paid workers?
their sector. This was clearly not the
It is understood that other groups in the real world. Mandate members tion of the allowance. In the mean- lowance. From 2019 if members con- case in the recent case of the evic-
of workers such a hotel workers, bar are lower paid workers and while time if members earn more than tinue to spend money on either pur- tion on North Frederick Street,
staff (€93) construction workers €24 or €48 per year might not seem €16,500 a year (i.e. the national min- chasing or maintaining their which is a matter of deep concern.”
(€103 - €175), rail/bus staff (€160) imum wage – below which you pay uniforms, or any incur other ex-
too much to lose to the policy man- She added: “Congress also con-
have also had their ‘flat rate’ expenses no tax) and you have not got your penses “wholly and exclusively neces-
targeted and withdrawn. darins in the Revenue Commission- demns outright the online intimida-
€121 flat rate allowance each year, sary in the performance of your
ers, it means a lot to them. tion and threats directed at
According to Mandate, it is a clear contact Revenue Online Service duties at work”, make sure all receipts members of An Garda Síochána
case of those in public office not un- Mandate will continue to lobby (ROS) through ‘myAccount’ and make are kept and make a claim with these which it finds abhorrent and deeply
derstanding the realities of working with other unions for a full restora- a claim to be backdated for the al- receipts at the end of 2019. unacceptable.”
Health and Safety Representation Negotiation Skills Level 2
for Elected Reps QQI Level 5 ‘Building Skills and Knowledge’
This five-day QQI Level 5 Health and Safety Course is for elected Health and
Safety Representatives. The following topics will be covered on the course: This one day progression course in Negotiation Skills is for union activists, union
representatives who have a desire to improve their knowledge and understanding
l Health & Safety Legislation l Role of Health & Safety Representative in conflict resolution and negotiation skills, managing the process and the
l Safety statements l Role of Health & Safety Authority
psychology of the negotiating environment.
There are three levels:
l Occupational health l Identification of hazards and risk assessment
l Introductory l Building Skills and Knowledge l Negotiations in Practice
l Accident investigation l Fire safety l Effective communications
l Health and safety promotion Course content:
l The Negotiating Team – formation; delegation l An Evolving Plan – sitting around the table
l Different roles for different people l Who takes the lead? l Who takes the notes?
Members who successfully complete this Training Course l Who provokes the other side? l Who watches the other side?
will obtain a QQI Level 5 Certificate in Health and Safety. l Handling problems without sensation and becoming emotional
l Producing Facts to support arguments l Predicting counter arguments
l Benchmarking – what are the markers to work towards? – top; middle and bottom
Progression:
Members who successfully complete
this training course will obtain a Mandate
certificate. Members who complete this
course may progress to Level 3
Negotiations in Practice.
Please contact your Mandate Union Official or Mandate Training Centre on Please contact your Mandate Union Official or Mandate
01-8369699 if you are interested in taking this course; or alternatively you Training Centre on 01-8369699 if you are interested in
can email your request to mandateotc@mandate.ie taking this course; or alternatively you can email your
request to mandateotc@mandate.ie
12 SHOPFLOOR y October 2018RIGHTS
Deaf activist Micheál Kelliher, who recently won a discrimination case at the WRC, insists a stand must be made on the issue
Don’t let them get away with it
“
I AM deaf and an activist in the Deaf The WRC can be a useful tool to
community. I am passionate about so-
Determined: Micheál Kelliher The reactions I get combat discrimination. I feel that it is
cial justice and a believer in demo-
cratic socialism. It’s really important
from prospective really important to raise awareness
of the procedures of the WRC and
that as a society we start to under- employers are always would encourage people to use its
stand the perspective of the Deaf mechanisms rather than allowing
community on current issues such as
focused on my ears – and companies to discriminate against
not on my abilities
”
housing, healthcare, education and them.
employment. The more people who stand up
I love being involved in the Deaf against the discriminatory practices
community. Many Deaf people spend of companies, the more likely it will
a lot of years volunteering within our piled back in 2006, during the Celtic discourage them from treating peo-
community, campaigning for recogni- Tiger economic boom, revealed that ple with disabilities unfairly.
tion of our language, Irish Sign Lan- Deaf people had higher than average The current government passed a
guage (ISL), which was signed into unemployment rates. Bill to recognise Irish Sign Language
law on December 24th last year – a Of those at work, a higher than av- and have ratified the UN Convention
nice Christmas present for our com- erage proportion was employed in on the Rights of Persons with Disabil-
munity. manual jobs with low pay levels, with ities. These pieces of paper will re-
As an activist I, along with many a large proportion earning below the main worthless if companies are
from the Deaf community, became in- average industrial wage. allowed to ignore our constitutional
volved in the Deaf Community To- The survey also confirmed that and legal rights and continue discrim-
gether for Yes campaign. It was great promotion rates for Deaf workers are inating against us.
to be involved in such a positive cam- extremely rare. Access to training is a People with disabilities are looking
paign, raising awareness on repro- major issue with less than half of the for the same things as everyone else
ductive rights in our own language – survey participants having any access – we should have a right to work just
Irish Sign Language (ISL) – and
to training – and, of those who did, like our brothers and sisters do.
adding Deaf perspectives and the ex-
communication remained a barrier. An injury to one is an injury to all.
periences of Deaf women to the de-
bate. Micheál
received
Unfortunately many Deaf people expert
feel extremely marginalised in soci- legal
ety and in their workplaces and from advice in
public services. There was no access the Citizens
Information
to the helpline during the Cervical Centre at
Cancer scandal and no access to the Deaf Village
public consultation process on the Ireland in
new proposals for Bus Connects, yet Cabra
many in the Deaf community rely
heavily on public transport.
Discrimination is one of biggest is-
sues in Deaf community. Most Deaf Court in the past. There were many brought them to the Workplace Rela-
people experience discrimination on other Deaf people who had experi- tions Commission. Later I received a
a regular basis in the workplace, enced discrimination on a daily basis legal letter from the company, trying
whether they are looking for jobs, or but who hadn’t acted due to a lack of to discredit my case by using commu-
because of lack of promotion oppor- awareness of their legal rights or be- nication breakdown as their excuse.
tunities or access to training, as this cause the effort of bringing a company But there was no communication
is rarely provided in Irish Sign Lan- to the WRC had put them off. breakdown at all and the emails
guage. From my own personal experience, proved that.
The biggest barrier to employment it didn’t take much effort to sue the The first thing I had to do was to fill
is not our deafness, it is the poor atti- company for the discrimination. in forms (i.e. Workplace Relations
tude and lack of understanding of I have three Level 8 qualifications, Complaint Form) for the WRC stating
employers and potential employers four years’ work experience in IT and the nature of the discrimination
towards us. The other barrier would seven years of volunteering in Deaf against me and provide any evidence
be the misinterpretation of Health community. I have also campaigned or witnesses.
and Safety laws to limit or block us on numerous social issues such as I also went to the Citizens Informa-
from the prospective jobs. Right2Water, Together for Yes and tion Centre at the Deaf Village Ireland
Audism practices (i.e. preferences Campaign for Public Housing. (DVI) based in Cabra. It was a good
of hearing peers over Deaf people) And yet I continuously experience place to get legal advice and support.
had affected us as well, even for jobs employment-related discrimination. A member of their staff is fluent in ISL
that are relevant to Deaf community, The reactions I get from prospective and is training to be a legal advocate.
such as ISL teaching jobs! employers are always focused on my The office also provides solicitors
It is very frustrating to hear the ears – and not on my abilities. with experience in employment law.
personal stories from my friends and Recently a company expressed an If you are lucky, they could take your
colleagues who have been discrimi- interest in interviewing me. When I case on a pro bono basis. You can also
nated against because of their deaf- explained that I am deaf and would contact your trade union or an em-
ness. They are well able and capable require an ISL/English interpreter for ployment law solicitor for legal sup-
of work. the interview, the company changed port.
In fact, I have worked alongside its mind and refused to interview me I had a couple of meetings with a
many of these people on campaigns as promised. I had told the company solicitor and legal advocate at the Cit-
and social events – they have run that there was a grant covering the in- izens Information Centre to prepare
sport clubs, cafés and fundraising terpreting fees. But they made ex- my case for the WRC Adjudicator.
nights. We have to work harder than cuses and essentially discriminated Having legal supports made my case
most when we are looking for jobs me from my hearing peers. a lot easier. And as my case was very
because we have to find HR staff and I was fortunate to have a record of strong I was able to secure a settle-
managers who are open-minded and all communications with this com- ment.
willing to give us a chance. pany as it had been carried out by Discrimination against Deaf people
I would like to acknowledge that email. So I decided not to let them get is unfortunately very common –
there have been sporadic attempts by away with their discrimination many of us experience discrimination
Deaf people to highlight their experi- against me. multiple times. An Irish Deaf Society
ences of discrimination in the Labour I used the emails as evidence and survey, Signing In Signing Out, com-
October 2018 y SHOPFLOOR 13You can also read
