Labour Court Database __________________________________________________________________________________ File Number: CD87312 Case Number: LCR11298 Section / Act: S67 Parties: RTE - and - NUJ |
Dispute concerning the interpretation of two Union/Management agreements concerning the preparation and broadcasting of news for Radio Na Gaeltachta.
Recommendation:
5. The Court is of the view that Clause 1.7(a) of Section C of
the "Development of the Broadcasting Services in the 1980's"
Agreement clearly allows R.T.E. to provide a
national/international news service for Radio na Gaeltachta from
Dublin provided they assign a member of staff to Radio na
Gaeltachta for that purpose. It does not give R.T.E. the right to
absorb Radio na Gaeltachta service into the existing Nuacht
service.
The Court does not agree with the Union's interpretation of the
relationship between the two subclauses of Clause 1.7(a).
The Court accordingly recommends that, in accordance with the
terms of the Agreement and taking into account also Clause 6 of
Section A of the said Agreement, R.T.E. assign staff in Dublin to
Radio na Gaeltachta for the purpose of providing a
national/international news service for Radio na Gaeltachta.
Whilst the Court accepts that the holders of such assignment may
change from time to time they should always be clearly
identifiable as being assigned to Radio na Gaeltachta.
The Court further recommends that reporting arrangements and lines
of communication between the assignee and the Ceannaire of Radio
na Gaeltachta be the subject of discussion and agreement between
the parties.
Division: Ms Owens Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87312 THE LABOUR COURT LCR11298
CC861854 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11298
PARTIES: RADIO TELEFIS EIREANN
and
NATIONAL UNION OF JOURNALISTS
SUBJECT:
1. Dispute concerning the interpretation of two Union/Management
agreements concerning the preparation and broadcasting of news for
Radio Na Gaeltachta.
BACKGROUND:
2. Since Radio Na Gaeltachta was started in 1972 the work of
compiling and presenting all its news was carried out at Casla,
the Connemara stations headquarters. Initially, selected copy of
national and international news from the Nuacht department was
telexed from Dublin to Casla. As this method proved unreliable
journalists began taping Radio 1 English news bulletins and
translating them into Irish to meet Radio Na Gaeltachta
requirements. This was the practice up to April, 1986. In March,
1986 R.T.E. wrote to the Union informing them that provision of a
national and international news service for Radio Na Gaeltachta
would be provided by Nuacht staff in the Dublin Newsroom in
accordance with the agreements. "The Development of the
Broadcasting Services in the 1980's" involving journalists and
clar reachtaire. The Union objected to this arrangement
maintaining that this was contrary to the agreements and that
national/international news should be compiled and presented by
staff employed by Radio Na Gaeltachta. The matter was referred to
the conciliation service of the Labour Court on 12th November,
1986. A conciliation conference was held on 26th March, 1987. As
no agreement was possible both parties agreed to refer the matter
to the Labour Court for investigation and recommendation. A
Labour Court hearing was held in Galway on 17th June, 1987, a date
suitable to both parties. Pending the outcome of the Labour Court
talks an interim arrangement was agreed whereby a special unit was
set up in Dublin independent of the Nuacht department and staffed
by 3 workers (one a Dublin based journalist). The clauses which
are in dispute are clause 1.7(a) of Section C of "The Development
of the Broadcasting Services of the 1980's" agreement covering
clar reachtaire grades which states "It is accepted that national
news bulletins for Radio Na Gaeltachta will be prepared and
presented by Radio Na Gaeltachta staff or staff assigned to Radio
Na Gaeltachta in Dublin," and clause 6 of Section A of "The
Development of the Broadcasting Services in the 1980's" agreement
covering journalists which states "All journalistic staff will be
liable to work on the preparation and presentation of news
bulletins summaries, headlines and special programmes (e.g. Budget
coverage) for all R.T.E. television, radio and teletext services."
Union's arguments:
3. (a) The wording of clause 1.7(a) of the Radio Na Gaeltachta
agreement specifically excluded the absorption of the
work into the Nuacht desk. On the contrary, it
preserved the independent status and autonomy of the
Radio Na Gaeltachta service. Besides the alternative
only becomes operable when the first mentioned - the
Radio Na Gaeltachta staff - become unavailable.
(b) The Dublin agreement does not commit the Union to the
type of integration sought. The Union negotiators
would not have authority to agree to such a commitment
without reference to the Radio Na Gaeltachta chapel
whose negotiations took place months after the
conclusion of the Dublin agreement.
(c) It is not in the interests of anyone to dilute the
Radio Na Gaeltachta service by integrating it and
submerging it into the greater body of R.T.E. in
Dublin. It would be contrary to the very concept of
Radio Na Gaeltachta's establishment and indeed the
purpose of its existence. it is essential that Radio
Na Gaeltachta staff, including the ceannaire and his
deputies, have complete control over the
national/international news bulletins in terms of
selection of stories and items for broadcasting,
preparation of material processing and presentation.
(d) The integration of national/international news into the
Nuacht desk would undermine the Radio Na Gaeltachta
situation for the simple reason the staff on the desk
were not and are not Radio na Gaeltachta personnel.
They are not accountable, answerable or responsible to
the Radio na Gaeltachta management. On the contrary
they are answerable and responsible to the Head of
News, as NUACHT is an integral part of the R.T.E. News
Division.
Authority's arguments:
4. (i) It is the R.T.E. position that clause 1.7(a) (section
C) and clause 6 (section A) of the relevant
productivity agreements establish beyond doubt R.T.E.'s
right to introduce a national/international news
service for Radio na Gaeltachta which will be compiled
and presented by Nuacht staff based in Dublin. Clause
1.7(a) states that national/international news
bulletins can be prepared and presented by "... staff
assigned to Radio na Gaeltachta." This confirms
R.T.E.'s ability to assign Nuacht staff to Radio na
Gaeltachta during which time they would provide the
required national/ international news coverage. In
particular R.T.Es right to do this is reinforced and
copper-fastened in clause 6 of section A of "The
Development of the Broadcasting Services in the 1980's"
agreement covering journalists which establishes the
liability of all journalistic staff to work "... for
all R.T.E. Television, Radio and Teletext Services."
(ii) While R.T.E. is adamant that its interpretation of the
clauses in dispute is the correct one, the context in
which these clauses were negotiated and agreed is worth
highlighting. In the general introductory paragraphs
of "The Development of the Broadcasting Services in the
1980's" for both journalists and clar reachtaire
grades, it is stated:
"This agreement recognises that a key factor to
R.T.E.'s success in the 1980's is the proper use
and deployment of its resources, both personnel
and facilities, in an efficient and flexible
manner."
It is the R.T.E. contention therefore that the choice
explicitly guaranteed in clause 1.7(a) of the clar
reachtaire agreement to R.T.E. of locating the
national/international news service in Casla or Dublin
must be capable of being exercised not only in its own
right but in the context of doing so in "an efficient
and flexible manner" by reference to R.T.E.'s
"resources, both personnel and facilities."
(iii) Apart from the specific interpretation of the clauses
in dispute, R.T.E., as the national broadcasting
organisation has to be mindful of other considerations
when deciding how certain services are to be provided.
These considerations include providing competent,
comprehensive and professional news services in the
most effective manner possible. It is R.T.E.'s
position that these considerations are best served by
having the news/international news service for Radio na
Gaeltachta based in Dublin and that the public can
expect a much more reliable service as a result.
RECOMMENDATION:
5. The Court is of the view that Clause 1.7(a) of Section C of
the "Development of the Broadcasting Services in the 1980's"
Agreement clearly allows R.T.E. to provide a
national/international news service for Radio na Gaeltachta from
Dublin provided they assign a member of staff to Radio na
Gaeltachta for that purpose. It does not give R.T.E. the right to
absorb Radio na Gaeltachta service into the existing Nuacht
service.
The Court does not agree with the Union's interpretation of the
relationship between the two subclauses of Clause 1.7(a).
The Court accordingly recommends that, in accordance with the
terms of the Agreement and taking into account also Clause 6 of
Section A of the said Agreement, R.T.E. assign staff in Dublin to
Radio na Gaeltachta for the purpose of providing a
national/international news service for Radio na Gaeltachta.
Whilst the Court accepts that the holders of such assignment may
change from time to time they should always be clearly
identifiable as being assigned to Radio na Gaeltachta.
The Court further recommends that reporting arrangements and lines
of communication between the assignee and the Ceannaire of Radio
na Gaeltachta be the subject of discussion and agreement between
the parties.
~
Signed on behalf of the Labour Court
Evelyn Owens
___13th___July,___1987. ___________________
M. D. / M. F. Deputy Chairman