Labour Court Database __________________________________________________________________________________ File Number: CD87638 Case Number: LCR11775 Section / Act: S67 Parties: RADIO TELEFIS EIREANN - and - FEDERATED WORKERS' UNION OF IRELAND |
Claims, on behalf of approximately 380 clerical and administrative staff for an increase in pay and a reduction in the working week.
Recommendation:
5. Wage Increase
Having considered this claim the Court has examined the review
clause in the context of the agreement and its declared
objectives. It would seem that on the matter of the first
declared objective no valid claim on the basis of general
comparability with similar grades in outside employments can be
sustained.
Having regard to the general descriptive and non specific nature
of the terms of the 1982 agreement, the Court is of the opinion
that any change of approach to such issues as productivity
measurement would require a major and agreed change of policy with
regard to this matter on the part of both parties to the
agreement. Insofar as this approach was common to all similar
agreements within the Company, it would probably entail a change
of policy of all the parties to all the agreements.
The Court therefore does not consider the claim for such an
examination valid in the context of negotiating procedures in
R.T.E.
Insofar as the claim is based on increases received by other
parties when negotiating similar "Broadcasting in the 80's"
agreements, the Court does not accept that such a comparison can
be validly made insofar as changes required from each group, and
terms negotiated for such changes, were done separately and the
outcomes reflected these differences.
For these reasons the Court does not recommend concession of the
Union's claim.
Working Hours
The Court does not recommends concession of this claim.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD87638 RECOMMENDATION NO. LCR11775
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: RADIO TELEFIS EIREANN
and
FEDERATED WORKERS' UNION OF IRELAND
SUBJECT:
1. Claims, on behalf of approximately 380 clerical and
administrative staff for an increase in pay and a reduction in the
working week.
BACKGROUND:
2. In 1982 R.T.E. and the various unions representing its
employees negotiated a number of agreements entitled "The
Development of the Broadcasting Services in the 1980s." The
Agreement covering clerical and administrative staff provided for
an increase in pay of 17.15% and contained a review clause which
stated as follows:
"The next review of salaries of the grades affected apart from
National Wage Rounds, will take place two years from the
commencement of this agreement in the light of changes in the
salaries of comparable grades in outside employments or other
considerations which either party may wish to raise including
examination, without commitment, of the nett value of the
overall productivity achieved.
The review process will not effect the on-going
implementation of this agreement."
In 1984 the Union sought to activate the review clause and served
various claims which were rejected by management. No agreement
was reached at Labour Court conciliation conferences held in
August and November, 1985. Three of the claims, an increase in
pay, a reduction in the working week and rationalisation of the
grading structure were reactivated in April, 1987. A conciliation
conference took place on 22nd May, 1987 to discuss these issues
but no agreement was reached. Following subsequent correspondence
between the Court, the Union and the Authority, the claims for an
increase in pay and a reduction in the working week were referred
to a full Labour Court hearing. The matter of the grading
structure was dealt with separately. The hearing took place on
11th March, 1988.
UNION'S ARGUMENTS:
3. 1. The current salary scales are as follows:
Secretarial Assistant: #7,180 to #9,549 (9 points)
Senior Secretarial Assistant: #7,677 to #10,673 (10
points)
Clerk: #7,238 to #12,132 (15 points)
Administrative Assistant: #10,571 to #15,574 (11 points)
Senior Administrative Assistant: #12,184 to #17,154 (10
points).
The Union is seeking a 5% increase.
2. The review clause in the 1982 Agreement provides for
"examination without commitment of the nett value of the
overall productivity achieved." Management has consistently
refused to honour this clause. The Union believes that such
an examination would reveal substantial productivity savings
in the clerical/administrative areas.
3. In 1982, when the various agreements were being entered
into, the clerical/administrative grades were the first to
settle. A 17.15% increase was agreed while all other grades
subsequently received higher increases, as follows:
journalists 23%, technical grades 23%, crafts 23%, programme
grades 20%. These differences have not been justified by
management.
4. The Chairperson of the R.T.E. Authority was recently
quoted in the press as stating that R.T.E. "has increased
productivity by 30% and cut staff by 190." He also stated
that R.T.E. intended to shed a further 160 staff and that
profits have almost doubled in the past year, from #3.5m to
#6.25m.
5. The current working hours for clerical/administrative
staff are 36.25. The Union is seeking the introduction of a 35
hour week without loss of earnings. It is considered that
this is in line with current trends in both private and public
sector employment. The Union provided to the Court a list of
employments where clerical/administrative staff work a 35 hour
week.
MANAGEMENT'S ARGUMENTS:
4. 1. Management considers that neither a salary increase for
clerical/administrative grades, nor a reduction in their
working week can be justified. In relation to the salary
claim, clerical/administrative salaries in R.T.E. are
traditionally examined by reference to a table of agreed
external analogues. This approach was endorsed in Labour
Court Recommendation No. 7107. The Court recommended that
clerical/administrative salaries should be maintained in the
higher regions of the analogue table and current salaries are
in this region. Management submits that because of this
approach, which has benefited clerical/administrative grades
in 1974, 1979 and 1982, other approaches to comparison of
salaries, such as internal comparisons, are invalid and cannot
be sustained. The agreements reached with other grades took
account of the changes required of them and how their salaries
had been determined in the past.
2. The nett working week for clerical/administrative grades
is 36.25 hours which is not unreasonable nor is it seriously out
of line with other good employments. The Labour Court,
specifically in similar-type R.T.E. cases, and more generally
in the private/public sectors, has refused to concede a
reduction where the working week has been less than 40 hours
per week. This is also in keeping with the terms of the
programme for national recovery. R.T.E.'s position is that
there is no trend towards a reduction the working weeks for
clerical/administrative grades.
3. Both claims have very serious cost implications and are
being pursued at a time when cost reductions and cost
efficiencies must be a priority for the organisation. Over
the past few years R.T.E. has, of necessity, engaged in cost
cutting exercises, in order to return to financial viability
and to protect employment. The recent Radio Bill and the
announcement of an Irish commercial T.V. channel means that
competition for advertising income will become much more keen.
In such circumstances, R.T.E. must have every flexibility in
meeting these challenges and must be able to use all its
resources, especially its staff, in the most efficient manner.
The salary increase for the grades in question under "The
Development of the Broadcasting Services in the 1980s"
agreement is currently costing #1.4m per annum. Concession of
the present salary claim would increase salary costs by a
further #0.25m.
RECOMMENDATION:
5. Wage Increase
Having considered this claim the Court has examined the review
clause in the context of the agreement and its declared
objectives. It would seem that on the matter of the first
declared objective no valid claim on the basis of general
comparability with similar grades in outside employments can be
sustained.
Having regard to the general descriptive and non specific nature
of the terms of the 1982 agreement, the Court is of the opinion
that any change of approach to such issues as productivity
measurement would require a major and agreed change of policy with
regard to this matter on the part of both parties to the
agreement. Insofar as this approach was common to all similar
agreements within the Company, it would probably entail a change
of policy of all the parties to all the agreements.
The Court therefore does not consider the claim for such an
examination valid in the context of negotiating procedures in
R.T.E.
Insofar as the claim is based on increases received by other
parties when negotiating similar "Broadcasting in the 80's"
agreements, the Court does not accept that such a comparison can
be validly made insofar as changes required from each group, and
terms negotiated for such changes, were done separately and the
outcomes reflected these differences.
For these reasons the Court does not recommend concession of the
Union's claim.
Working Hours
The Court does not recommends concession of this claim.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
11th April, 1988.
A.K./J.C. Deputy Chairman