Labour Court Database __________________________________________________________________________________ File Number: CD8771 Case Number: LCR11101 Section / Act: S67 Parties: ADELPHI/CARLTON GROUP - and - ITGWU |
An agreement concerning late night show arrangements.
Recommendation:
5. The Court is satisfied that economic realities dictate the
need for four-screen showings on one night per week in the
Carlton complex and that showings on two nights would not be
viable in present circumstances. As the working arrangements are
on a voluntary basis, the Court recommends that the Union accept
the Company's proposals as the appropriate means at present of
consolidating business and employment.
Division: Mr Fitzgerald Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD8771 THE LABOUR COURT LCR11101
CC8719 INDUSTRIAL RELATIONS ACTC, 1946 TO 1976
RECOMMENDATION NO. LCR11101
PARTIES: ADELPHI CARLTON CINEMA GROUP
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. An agreement concerning late night show arrangements.
Background:
2. The Company operates two cinema complexes in Dublin city
centre, the Adelphi and the Carlton and employs eighty workers.
From the late 1960's late shows were operated on most Friday and
Saturday nights in the Carlton and from January, 1977 late shows
were operated on either Friday or Saturday nights at the Adelphi.
In the late 1970's the Company reduced the number of late night
shows as a result of falling attendance levels. Up until 1985
late night shows were held on an irregular basis at both cinema
complexes. The Company then drew up a new system which consisted
of all late night shows being screened at the Carlton. Films
running at the Adelphi were transferred to the Carlton for late
night showing. Provision was made for all staff to avail of the
overtime working arrangements and rates of pay (details supplied
to the Court). In 1986 discussions took place between management
and the Union on the question of late show arrangements. In a
letter dated 7th May, 1986, management stated that it was prepared
to operate late shows in the Carlton for a guaranteed period of 3
months, Friday and Saturday only, with no increase in staff
levels. It was further stated that, failing agreement, late shows
would be operated on a selective basis only, when considered to be
viable. These proposals were rejected by the workers. A meeting
took place on 4th July, 1986, between management and the Union and
in a letter dated 18th July, 1986, management set out further
proposals on the question of late night shows as follows:-
"The continuing reality of our trading situation regarding
late shows remains a problem. We are determined to obtain a
realistic solution to our difficulties. Arising from the
on-going recession and our need to direct our marketing
resources, with the backing of our employees, rapidly towards
a buoyant system of existence we must press on to achieve
this objective. We have carefully considered our employees'
previous response. It is a fact that late shows staffing is
based on voluntary commitments, therefore, we must market our
best products in the context of a late night show centre -
'The Carlton Complex'. We envisage increasing staff numbers
for two or more screens on any nights to the following levels
- 2 cashiers, 2 operators, 2 kiosk, 3 ushers and 3
usherettes. In the event that our proposals are unacceptable
to our staff we will request that the branch will furnish the
necessary casual members for employment at late shows. We
may request as an alternative a voluntary list of interested
employees within our ranks."
Transport of film from Adelphi/Carlton is a matter for
management to arrange.
All staff will equally share late show rosters and we expect
all to contribute in this experiment."
A ballot was held on these proposals and they were accepted by the
workers. In September, 1986, management began to run four late
shows on the same night. The Union sought discussion on this
matter stating that it "appeared to be stretching the agreement to
its limits." On 3rd December, 1986, the Union wrote to the
Company stating that it was giving fourteen days' notice of its
intention to withdraw from the agreement. It was agreed on 10th
December, 1986, that one additional usherette would be engaged as
an interim resolution to the problem. The matter was referred to
the conciliation service of the Labour Court on 12th December,
1986, and a conciliation conference took place on 23rd January,
1987. No agreement was reached and the matter was referred to a
full hearing of the Labour Court. The hearing took place on 6th
March, 1987.
Union's arguments:
3. (i) The Union contends that the status of the 18th July,
1986, Agreement is defined by management's use of the
work "experiment". This implies a right of
withdrawal. The Union considers that it has just and
reasonable cause for withdrawal from this
experimental agreement.
(ii) Management is taking the phrase "two or more screens"
to mean four. It was never mentioned in the course
of negotiations that it was intended to run four
screens on a constant basis.
(iii) The Union recognises that some rationalisation on
late shows is inevitable. However, this agreement is
too discredited to be the basis for this
rationalisation.
(iv) Following withdrawal, the Union will negotiate with
management to resolve the existing problems.
Company's arguments:
4. (a) The purpose of attempting to retain the late shows on a
viable footing is to maximise all the Company's
resources and to develop and strengthen the Carlton
complex. It is not feasible to operate late shows
using both cinema complexes. If agreement on an
on-going basis for the operation of the late shows
cannot be reached, then the Company will be forced to
terminate all late show arrangements. This system is
only viable if operated from the Carlton complex which
is centrally located. Furthermore, the system is only
viable on a Saturday night using the best products
available to the Company.
(b) In operating late shows in one complex, it makes good
business sense to maximise the facilities available and
to show films on all four screens. This maximises
revenues coming in.
(c) The Company operates a very lucrative overtime
arrangement for staff working the late show. This
provides for 2 3/4 hours payment per hour worked, with
a minimum payment of 3 hours. This equates to 8 1/4
hours pay for the average 3 hour period of work. In
addition, the Company provides transport for employees
to get home and a supper allowance.
(d) It is the Company's belief that twelve is an adequate
number of staff. This compares with the manning
arrangements that operate for a similar period of time
on week-day afternoons and on week nights. On average,
less than 1/3rd of the seating capacity in the complex
is occupied during late shows, and based on this, the
Company's operating margins are very slim. This
further endorses the justification for operating with
four screens in an attempt to maximise attendance
levels.
(e) The Company's belief is that, in order to ensure the
continuation of late shows, it is vital that the
Carlton continues to operate as the Company's late show
centre on the manning levels previously agreed with the
Union.
RECOMMENDATION:
5. The Court is satisfied that economic realities dictate the
need for four-screen showings on one night per week in the
Carlton complex and that showings on two nights would not be
viable in present circumstances. As the working arrangements are
on a voluntary basis, the Court recommends that the Union accept
the Company's proposals as the appropriate means at present of
consolidating business and employment.
~
Signed on behalf of the Labour Court.
Nicholas Fitzgerald
________________________
9th_April,____1987.
A. K. / M. F. Deputy Chairman.