Labour Court Database __________________________________________________________________________________ File Number: CD87234 Case Number: LCR11194 Section / Act: S67 Parties: DUBLIN NEWSPAPERS MANAGEMENT - and - NUJ |
Claim for an increase in the rates of pay of freelance journalists.
Recommendation:
The Court considers that the employers offer, to apply the same
increase to the fees for freelance journalists as has been offered
to full time journalists in Dublin, is reasonable and recommends
it be accepted.
Division: CHAIRMAN Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87234 THE LABOUR COURT LCR11194
Section 67 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11194
Parties: DUBLIN NEWSPAPERS MANAGEMENT COMMITTEE
and
NATIONAL UNION OF JOURNALISTS
Subject:
1. Claim for an increase in the rates of pay of freelance
journalists.
Background:
2. This claim concerns approximately 500 freelance journalists
who provide services to the national newspapers represented by the
Dublin Newspaper Managers' Committee (DNMC). These workers are
covered by agreement between the Union and the Committee setting
out general conditions and minimum rates. In November, 1986 the
Union claimed an increase in cash terms rather than a percentage
increase (details of the present Rates and the Union's claim are
shown in the Appendix to this Recommendation). The DNMC rejected
this claim and offered to continue the present formula of applying
the same percentage increases as agreed in respect of Printing
Group Unions for the wage round. This was rejected by the Union.
3. No agreement was reached through local negotiations and on
16th January, 1987 the matter was referred to the conciliation
service of the Labour Court. A conciliation conference was held
on 18th March, 1987, which was the earliest date suitable to the
parties. However, no agreement was reached and on 23rd March,
1987 the case was referred to the Court for investigation and
recommendation. A Labour Court hearing was held on 9th April,
1987.
Union's arguments:
4. (i) The present method of revising the fees, by a
percentage equivalent to the industry settlements in
respect of staff workers is no longer acceptable to the
Union. The fees are so low that a percentage
adjustment is not an appropriate way to compensate
these workers for their services. The cumulative
effect of the percentage system over the years is to
depress freelance rates and consequently the earnings
of the workers.
(ii) The DNMC position, that the workers will get what has
been negotiated with staff workers, effectively denies
the workers the right to negotiate their own increases
through their Union. The Union wants to establish its
right to negotiate on a separate basis on behalf of its
freelance members.
(iii) Comparable skills and materials are needed for both
freelance and staff journalism but the basis of payment
and the rewards are distinctly different.
(iv) The workers do not have the security or benefits of
staff employment and are open to exploitation. The
Union's claim is trying to achieve a reasonable
standard of living for the workers by establishing a
fair scale of minimum rates for their services.
(v) Some freelance journalists are finding it impossible to
make a reasonable living because the rates are so low.
(vi) Two papers, Sunday Tribune and Sunday World, have
feature rates of #92.40 and #92.98 respectively
compared with the DNMC rates of #45. Their picture
rates are also superior.
(vii) The workers also have to bear many costs which staff
workers do not have. They encounter many difficulties
because of delays of several months in getting paid.
(viii) The low minimum rates do not reflect the increased
specialisation of freelance services in recent years.
Some of the workers are now specialising in various
subjects. Editors therefore have a readymade source to
tap for coverage of particular issues.
(ix) A freelance worker can be paid less than half the basic
gross of a staff worker for producing comparable work
(details supplied to the Court).
(x) The workers have developed their skills at their own
expense. Courses have been set up by the Union to
improve the workers' expertise in various facets of
journalism. None of the costs of these courses were
borne by the newspaper companies but they have all
benefitted from the expertise they can draw on. There
is an obligation on DNMC to recognise this progress by
being reasonable, fair and generous in paying for the
improved services they are receiving.
Management's arguments:
5. (a) The workers are not solely dependent on income from the
Dublin national newspapers as they provide a range of
reporting and photographic services to RTE, magazines,
Irish provincial newspapers and UK and foreign
publications.
(b) Freelance rates represent minimum payments by DNMC
publications for freelance services under various
categories. In many cases the workers negotiate rates in
excess of the minimum figures and generally sell
contributions to more than one newspaper.
(c) At the Union request the DNMC agreed in 1981 to apply
industry level increases to freelance rates after an
additional adjustment of 14%. Industry level increases
in respect of the 23rd, 24th and 25th pay rounds have
subsequently been applied to freelance rates and the DNMC
will continue to apply this formula in respect of the
26th round.
(d) The national newspapers cannot consider or in any
circumstances accept that self-employed freelance
journalists could justify or receive rates of increase in
excess of those negotiated for full time employees by
collective agreement with Printing Group Unions. Any
variation of this principle would result in consequential
claims from other Group Unions.
(e) The magnitude and estimated cost of this claim is
completely unrealistic in the present economic and
competitive position of the Irish national newspaper
industry. The present system whereby industry level
increases are applied to freelance rates is fair and
equitable and represents the maximum level of increase
which can be afforded or justified.
Recommendation:
The Court considers that the employers offer, to apply the same
increase to the fees for freelance journalists as has been offered
to full time journalists in Dublin, is reasonable and recommends
it be accepted.
~
Signed on behalf of the Labour Court
John M. Horgan
21st May, 1987 -----------------
TO'M/PG Chairman
APPENDIX
NUJ FREELANCE CLAIM ON DNMC - NOVEMBER 1986
Minimum rates payable for contributions to DNMC publications from
1/1/1987. Current rates are in parenthesis.
LINAGE
Up to 10 lines 5.00 (2.20)
Per line over 10 0.40 (0.16)
MINIMUM FEE
News stories specially ordered outside
the ambit of a correspondent's ordinary
work - whether published or not 16.00 (7.95)
AFTER MIDNIGHT
Minimum fee for published stories
commencing after midnight 18.00 (8.84)
SPORTS STORIES
Grade A 26.00 (12.92)
Grade B 16.00 (7.76)
Grade C 12.00 (5.38)
(Major snooker, basketball and cycling to be upgraded to A)
PHOTOGRAPHS
To be introduced under clause 5.1 of
structure agreement... Commission fee 25.00
Under clause 5.2...Order fee 20.00
Under clause 5.3...Acceptance fee 12.00
Under clause 5.7...Republication fee 50% normal rates
Single column 22.00 (11.06)
Double column 27.00 (13.27)
Three column 31.00 (15.45)
Four column 35.00 (17.23)
Front page of colour Plus 50%
FEATURES
Holding fee 22.00 (10.75)
Minimum fee - per 800 (1,000) words
for Mornings and Sundays 72.00 (45.09)
- per 800 (1,000) words
for Evenings and Irish Field 52.00 (31.83)
REVIEWS AND CRITIQUES
Lunchtime Theatre 50% staff day shift
rate
All other reviews Staff day shift rate
REGULAR COLUMNS
Minimum fee - per 800 (1,000) words for
Mornings and Sundays 45.00 (26.88)
- per 800 (1,000) words for
Evenings and Irish Field 35.00 (21.53)
CARTOONS
Single Frame 50.00