NEWSLETTER JUNE 2015
5,000 Protest at Dunnes Head Office More than 5,000 people came out to show their support for the Decency for Dunnes Workers Campaign at the head office of Dunnes Stores in Dublin on Saturday the 6th of June. This powerful national demonstration of solidarity was a clear sign of the overwhelming level of public support and recognition you and your campaign has built across the country. Trade union members across Ireland and beyond mobilised strong support. They recognise the courage shown by Mandate members in Dunnes. They understand that you’ve taken significant risks in fighting on the front lines, not only for yourselves and your families, but for all other workers who are seeking a living wage, greater security of hours and union representation now and in the future. The campaign continues to highlight the insecure employment conditions in Dunnes Stores and in other sectors nationally. The clear message to the owners of Dunnes from the demonstration is that the Decency for Dunnes Workers Campaign continues and is stronger than ever. Despite Dunnes’ acts of retribution after the April 2nd strike and their recent concessions on our 3% pay claim and improvements in advance rostering, we are not backing down. Dunnes’ owners continue to overlook the core issues of security of hours and rights of representation that we have raised throughout the campaign. Dunnes generates up to ¤350 million in profit annually and according to a recent Sunday Times rich list the owners of Dunnes have accumulated an estimated ¤1.78 billion in wealth. This is clearly not about the inability of Dunnes to treat their workers fairly, it’s about their unwillingness to do so. The strong message to politicians is that we can’t wait any longer for legislation on collective bargaining. As one of your fellow Mandate members exclaimed from the platform at the demonstration, “If Dunnes Stores won’t change, then we’ll change the world around Dunnes Stores.” Inside you will find some excerpts of an article written by the Minister for Business and Employment Ged Nash that was published in a national newspaper on the day of the Dunnes demonstration. In it he recognises the struggle of Dunnes workers and reaffirms the commitment by government to enact collective bargaining legislation by mid-July. Such legislation will provide a way for us to bring our core issues with Dunnes to the Labour Court and importantly that such decisions will be legally enforceable. The legislation is also meant to include strong anti-victimisation provisions to protect workers pursuing their rights. The legislation has started to make its way through the Dáil. We will be continuing to maintain political pressure and to actively monitor any developments. A lot has been accomplished in our campaign so far on many different levels, but we all know there is much more to be done. We will be convening a meeting of the Dunnes National Dispute Committee in the coming weeks to consider legislative and other developments and will keep you fully informed on the next actions forward in our ongoing campaign. Yours in Solidarity,
Gerry Light Assistant General Secretary
Much accomplished. A lot more to do. Since the Decency for Dunnes Workers Campaign was launched at the Mandate Biennial Delegate Conference in late April 2014, a lot has been accomplished but we all know there’s still a lot more to do.
•
•
•
•
PAY RISES: 3% rise in June 2014 and 3% in May 2015. There was also a 3% pay rise in January 2013 which was conceded by Dunnes on the eve of our Labour Court hearing. While a rate of pay rise is welcomed it must be accompanied by secure banded hour contracts for it to have meaning for most workers in Dunnes who have insecure working hours. FOUR WEEK ADVANCE ROSTERS: While this change is helpful and gives workers the ability to better plan their lives, it does not address the key issue of security of income and working hours. Additionally it can be removed just as quickly as it was implemented, and without notice. FIXED-TERM CONTRACTS REPLACED BY PERMANENT CONTRACTS WITH A 6-MONTH PROBATION: This change is only as good as long as it does not masquerade as a 1-year fixed term contract by another name. Reports coming back from individual stores seem to indicate growing evidence that many of these “permanent” contracts are not being respected even after employees have successfully completed their probationary periods. NATIONAL PUBLIC PROFILE AND SUPPORT: Our campaign has raised enormous national public attention and support regarding our issues of security of working hours, abuse of temporary contracts and union representation rights. There are few members of the public who don’t know about the issues we are fighting for in Dunnes.
“The public and the private sectors stand together on this one. We are workers and we stand together. We are united and we will not be defeated!” – Brian Condra, hospital worker & SIPTU Shop Steward
•
•
COLLECTIVE BARGAINING LEGISLATION: Our campaign has brought the imminent passage of collective legislation despite years of promises by politicians to enact such legislation. You only have to read the recent comments of the Minister to see the importance our campaign has had in bringing this legislation forward. BETTER UNION ORGANISATION: Together we have built a stronger and more powerful union in Dunnes. We are better organised and are more active as a Union. We all need to continue to build on this.
We are still not where we want to be – which is to have security of hours, including banded hour contracts and to genuinely have a voice now and in the future regarding our terms and conditions of employment.
“Are we going to beat Dunnes Stores? Yes. Are we going to change working conditions for workers? Yes. Are we going to force this Irish Government to change policies in relation to collective bargaining for workers? Yes. Are we going to win? YES YES YES!” – Karen Gearon, former Dunnes Stores anti-apartheid striker
Secure–Banded Hour Contracts (guaranteed weekly earnings) Many members have been seeking additional information about “banded hour” contracts and how they work. There are a number of different methods in which workers can achieve secure guaranteed weekly earnings. Mandate members in Tesco have a different type of banded hour contract to members in Penneys. However, while they differ slightly, the common theme is that workers know their hours and earnings on a week to week basis and their employer cannot fluctuate those hours irresponsibly. The common features of banded hour contracts are outlined here.
“Even though we made Dunnes stores millions, we stuck together on the 2nd April. We are standing together here today and we will continue to stand together until you listen to us. So please open your ears. Your workers want change!”
1. THEY SHOULD REFLECT AND PROTECT ACTUAL WORKING HOURS. Banded hour contracts aim to reflect and protect the actual number of hours worked on a regular basis. These contracts still give an employer some degree of flexibility on the number of weekly working hours but they narrow the unnecessarily wide range of working hours such as the current 1537.5 flexi-hour contracts in Dunnes. For example, if a banded hour system was established in 5-hour increments starting at a 20-hour weekly minimum, hour bands might look like the following: 20-25, 25-30, 30-35 and 35-39. Individuals would initially be placed in hour bands that reflect the average number of hours they have worked over an extended period such as 3 or 6 months. For example, someone working an average of 32 hours per week would be placed in contractual band of 30-35 hours per week. This would mean that total working hours could not contractually be dropped below 30 hours in a week. It also means that the employee would not be obliged to work above 35 hours in a week unless the employee agreed to work those additional hours offered above their band.
2. ALLOW FOR ADDITIONAL HOURS. Nothing in a banded hour contract agreement prevents an employee from being offered or working additional hours above their contracted band if the employee agrees to work those additional hours.
– Dunnes worker 3. MOVING BETWEEN BANDS. Under existing banded hour agreements when additional hours in a store become available on a more permanent basis, hours are to be offered in the first instance to existing employees to give them the opportunity to move up bands should they be available and agreeable to do so. For example, if an additional 5-hour shift per week became available for someone in a 25-30 hour band, they may have the opportunity to gain an additional hours and move up to a 30-35 hour band.
Minister for Business and Employment brings collective bargaining legislation forward The Minister for Business and Employment Ged Nash wrote an article which appeared in the Irish Independent on 6th June 2015, the day of our national demonstration. In the article, Minister Nash acknowledges the very real issues facing Dunnes Stores workers and commits to legislate to address many of those issues. “I’m very conscious that far too many workers go to bed on a Sunday night knowing when the next bill is due, but not knowing if their pay packet will contain enough to pay it. Many of these workers are on low or zerohour contracts, so their employer can change the hours that they work on a week-to-week basis. How can a family plan for their immediate needs, never mind the future, when they have no guarantees of what income they will have? How can you organise childcare? And, let’s face it, the majority of workers facing these types of precarious working hours are women.
“We need to stick up for each other, we got great support when we were on strike. This is our way of paying it back.”
4. FIXED PART-TIME OR FULL-TIME WORKERS ARE NOT AFFECTED. Those workers on fixed hour part-time or fixed hour full-time contracts would be under no obligation to change their existing contracts of employment to a banded hour contract arrangement.
5. RATES OF PAY ARE NOT ASSOCIATED. Hourly rates of pay are not tied or associated with banded hour arrangements. If you have additional questions regarding banded-hour contracts please contact Mandate.
– Teresa Glennon, teacher & member of AST
People like the Dunnes Stores workers who are taking to the streets of Dublin today, with their supporters, to protest over work practices. I support the Dunnes workers and others
“The Irish working class will not stand idly by while workers are being abused, while workers are being exploited. There’s fairness and decency required and that’s all we ask for. A living wage, a decent job.” – John Douglas, Mandate General Secretary
in similar positions. I believe that workers are entitled to basic security in their employment, in order to plan their lives. I am also bringing in new industrial relations laws to re-balance the interests of workers and employers. We are providing a new mechanism for workers who want to improve their terms and conditions where there is no collective bargaining. They will be able now to advance their claims and have these independently decided, based on comparisons with similar companies. And they will be guaranteed there will be no victimisation. Crucially, any determination made on pay and conditions can be enforced through the Circuit Court. This legislation will be brought to the Dáil next week and I expect it to be passed this summer. When it is enacted, this collective bargaining legislation could be used by the Dunnes Stores workers to advance their claims, should the company continue to refuse to engage with them.”
Mandate has been in close contact with the Minister and all political parties since the beginning of our campaign, putting forward the legislative changes we believe will help Dunnes workers. The collective bargaining legislation is already in the process of going through the Oireachtas and we have informed the Minister, and the Government, that our members – both in Dunnes Stores and across the rest of the retail sector – will be watching the progress of this legislation closely.
“We are not numbers. We are people. We are people who want to earn a decent wage, a living wage!.” – Dunnes worker
Major Milestones in the Decency for Dunnes Workers Campaign In just over 12 months we’ve accomplished a lot together. The following is a review of the major milestones so far – not to mention all work done by so many of you in the background including hundreds of local meetings, dozens of local solidarity events and local marches, a mountain of media interviews, Facebook posts and photos, thousands of text messages and letters, and countless conversations among and between members, etc.
27 APRIL 2014
25 AUGUST 2014
9 DECEMBER 2014
2 APRIL 2015
Decency for Dunnes Workers Campaign launched at the Mandate Biennial Delegate Conference.
Mandate claim referred to the Labour Court after Dunnes refuse to engage on the issues.
Dunnes survey of more than 1,400 workers published – results are convincing. 76% on flexi-contracts; 98% want more security of hours, 98% want Dunnes to respect their right to union representation.
One Day National Strike of 6,000 Dunnes members. Government announces plans to bring forward collective bargaining legislation.
19 DECEMBER 2014
1 MAY 2014
MID-SEPTEMBER 2014
Mandate writes to Dunnes directors requesting a meeting and outline the issues and concerns of our members in Dunnes.
Dunnes begin to change those on temporary fixed-term contracts over to permanent contracts with a 6-month probation.
Giant Christmas card delivered to Dunnes Head office with 1,300 Dunnes workers signatures demanding that the company deal with our collective demands.
16 APRIL 2015 Mandate lodge 3% pay claim with Dunnes.
1 MAY 2015 17 JUNE 2014
29 OCTOBER 2014
Launch of campaign website and Facebook Page. The Decency for Dunnes Workers Facebook page has grown to over 17,000 followers and had a reach of almost 1 million, the largest of any trade union campaign in Ireland.
Labour Court hearing held. Dunnes fail to appear at the hearing.
7 JULY 2014 Dunnes reject invitation by Mandate to attend to the Labour Relations Commission to resolve the issues.
8 JULY 2014 3% pay claim conceded by Dunnes.
Dunnes commence 4-week advance rostering.
14 JANUARY 2015 14 NOVEMBER 2014 Labour Court makes recommendation that Dunnes fulfil its obligations under previous collective agreements and to meet with Mandate within 14 days.
1 DECEMBER 2014 Dunnes writes to Labour Court stating that they will be disregarding the Court’s recommendation.
Meeting of National Shop stewards recommends a national ballot for Industrial Action.
6 MARCH 2015 Ballot count announced with a 67% vote in favour of industrial action.
“I am calling on Dunnes Stores to treat their workers with the decency they deserve and to respect their employees rights to be represented their trade union” – Bernie Casey, catering worker & SIPTU National Executive member
5 MAY 2015 Dunnes concede the 3% pay rise.
6 JUNE 2015 5,000 people demonstrate at Dunnes Head Office in Dublin.
8 JUNE 2015 Government introduces legislation on collective bargaining to begin its passage through the Dáil.
“The workers in Dunnes Stores deserve and want decent treatment. And I say to you Dunnes that it’s about time you started to take responsibility and made a proper, decent workplace for your workers: – Patricia King, ICTU General Secretary
www.dunnesworkers.com