Labour Court Database __________________________________________________________________________________ File Number: CD87394 Case Number: LCR11372 Section / Act: S67 Parties: NATIONALIST AND LEINSTER TIMES - and - NGA |
Interpretation of Agreement on hours of work.
Recommendation:
5. The Court is satisfied that the terms of the 1984 agreement
provided for the general introduction of 37 hours per week and did
not provide for any reduction below that figure. The Court
therefore recommends that the Employer's claim in this respect be
accepted.
The Court does not recommend the Employer's claim for
retrospective re-payments.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD87394 THE LABOUR COURT LCR11372
CC87340 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11372
Parties: NATIONALIST AND LEINSTER TIMES
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
NATIONAL GRAPHICAL ASSOCIATION
Subject:
1. Interpretation of Agreement on hours of work.
Background:
2. In 1984, the Company and the Union concluded a wage round and
productivity agreement which provided for a reduction in hours
from 39 to 37. Twelve members of the Union in the keyboard and
composing department were at that time working a 38.50 hour week,
and they reduced to 36.50 hours, which the Union contends was within
the spirit of the agreement. Any hours worked in excess of 36.50
were claimed as overtime. Time clocks and work dockets are in
operation in the business. The fact that the workers concerned in
the composing department were claiming time in excess of 36.50 hours
per week as overtime came to the notice of Company Management in
December, 1986. The Company notified the Union of the situation,
and sought its discontinuation. It also sought the repayment of
what it considered to be the excess payment, covering the period
from November, 1984, when the original agreement was arrived at.
The Union were not in agreement with Management's contention and
sought a deferral of any change in the pattern of hours pending
discussions. This Management agreed to do. Agreement could not
be reached at local level, and on 23rd February, 1987, the matter
was referred to the conciliation service of the Labour Court. A
conciliation conference took place on 25th February, 1987. No
agreement was reached, and on 13th May, 1987, the matter was
referred to the Labour Court for investigation and recommendation.
A Court hearing took place in Dublin on 31st July, 1987.
Union's arguments:
3. (i) The workers concerned in this case have enjoyed the
benefits of a 36.50 hour week for a number of years, and
have an expectancy of continuing this working pattern
for the future.
(ii) The Association contends that the existing custom and
practice of working 36.50 hours in this section, which
the members concerned had accepted as their normal
working conditions, should continue. The Association
also contends that the Company should withdraw its
claim for the repayment of the "lost time," and
requests the Court to recommend accordingly.
Company's arguments:
4. (a) In November, 1984, as part of an agreement for Union
co-operation in operating new photocomposition
equipment, the Company negotiated a phased increase in
pay increasing the basic rate of #178.85 to #193.54 in
June, 1985. Subsequent increases negotiated at
industry level have been applied to this rate which is
currently #217.71. The 1984 agreement also provided
for a reduction in the basic working week to 37 hours
effective from 1st October, 1984, with overtime
calculated on the basis of 38 hours until 1st March,
1985, and thereafter on 37 hours. From 1st October,
1984, to March, 1985 in accordance with the agreement
overtime was calculated on the basis of 38 hours and
thereafter on 37 hours which continues to apply for all
production staff and is in fact worked by all N.G.A.
news and litho members in the Company except for those
in the keyboard area.
(b) The 1984 agreement was negotiated in good faith by the
Company and accepted by both parties and its terms have
been implemented by the Company. On discovering that
rostered attendance hours in excess of 36.50 were
regarded by keyboard and composing staff as overtime,
management clarified and confirmed the 37 hour
agreement and endeavoured to resolve the matter by
suggesting alternative rostering of working hours in
the context of the 37 hour agreement.
(c) While some improvement in the Company's serious
financial position was achieved in 1985/86 it is
currently operating at a loss which must be eliminated
as soon as possible. Any variation of the 1984
agreement for a minority of employees would result in
consequential cost increasing claims jeopardising
viability and security of employment.
(d) The Company are entitled to expect and must insist that
keyboard and composing staff of the Union comply with
the terms of the 1984 agreement and work a basic 37
hour week and the Court is requested to recommend
accordingly.
RECOMMENDATION:
5. The Court is satisfied that the terms of the 1984 agreement
provided for the general introduction of 37 hours per week and did
not provide for any reduction below that figure. The Court
therefore recommends that the Employer's claim in this respect be
accepted.
The Court does not recommend the Employer's claim for
retrospective re-payments.
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Signed on behalf of the Labour Court
John O'Connell
______________________
Deputy Chairman
28th August, 1987
P.F./J.C.