Labour Court Database __________________________________________________________________________________ File Number: CD88256 Case Number: LCR11842 Section / Act: S20(1) Parties: IRISH PRESS PLC - and - NATIONAL GRAPHICAL ASSOCIATION |
Claim on behalf of 6 workers in the process department for a sixth week's holiday.
Recommendation:
7. The Court does not recommend the concession of the claim in
the current year.
The Court recommends however that the parties acknowledge that in
June, 1985 the Company proposed the introduction of the sixth
weeks holiday two years after the then expected introduction of
the 5th week i.e. April, 1989.
Division: CHAIRMAN Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD88256 RECOMMENDATION NO. LCR11842
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: IRISH PRESS PLC
AND
NATIONAL GRAPHICAL ASSOCIATION
SUBJECT:
1. Claim on behalf of 6 workers in the process department for a
sixth week's holiday.
BACKGROUND:
2. In May and June, 1985 new technology agreements were agreed
between the Company and all unions. In relation to this Union
with reference to holidays, the Company by letter of 17th May,
1985 stated:-
" The Company would propose that holidays will increase from 4 to
5 weeks in two phases as follows:
First week April, 1986:- Holidays will increase to 4 weeks
and 2 days.
First week April, 1987:- Holidays will increase to 5 working
weeks."
3. In a further letter to the Union dated 21st June, 1985 the
Company stated in relation to holidays:-
" Whilst acknowledging that there will be moves in the future to
some equalisation of holidays for various grades in the
Company it is not the intention to remove any differences
which have existed for some years in this agreement for new
technology. The proposal to increase by one weeks holiday is
the same as that to the other groups and is the maximum
position of the Company at this time. We acknowledge, your
claim for the sixth week and would propose its introduction in
two years following the introduction of the 5th week. "
4. The fifth week's holiday was introduced in February, 1988 and
the Union have claimed that the sixth week's holiday should also
have been introduced by now. No agreement could be reached at
local level and on 28th March, 1988 the Union referred the matter
to the Labour Court for investigation and recommendation under
Section 20(1) of the Industrial Relations Act, 1969. The Union
agreed to be bound by the Court's recommendation. The Court
investigated the dispute on 28th April, 1988.
UNION'S ARGUMENTS:
5. 1. The Company originally indicated that the fifth week's
holiday would be granted in April, 1987, but this did not
take place until February, 1988. The Company is now not
prepared to introduce the sixth week's holiday although in
their letter of 21st June, 1985 it promised that the sixth
week's holiday would be introduced in two years i.e. two
years from 21st June, 1985.
2. The sixth week's holiday has been introduced into many
other departments in the Company (details supplied to the
Court). Two workers in the process department who
transferred from other departments on a Company
redeployment plan would now have the benefit of six weeks
holidays if they had remained in their original
departments. All the workers should receive equal
conditions of employment and the sixth week's holiday
should be implemented in the process department
immediately.
COMPANY'S ARGUMENTS:
6. 1. The Company experienced crippling losses in the period
1981 to 1985, only modest profits in 1986 and 1987 and
with large losses in 1988 is not in a position to concede
the claim. Concession of the claim would lead to similar
claims from approximately 400 other workers who are also
on 5 weeks holidays. The cost to the Company would be in
the order of £116,000 which the Company just cannot
afford.
2. The departments now with 6 weeks holiday had 5 weeks prior
to the technology agreements at which time all workers in
the Company received 1 extra weeks holidays. The
introduction of the sixth week was in any event to be
considered two years after the introduction of the 5th
week's holiday. However, the Company recognises the
aspiration of all its workers towards the optimum position
with regard to annual leave and will try to introduce a
sixth week's holiday for all workers in the Company at the
earliest possible date. Of necessity this will be subject
to the Company's ability to financially sustain the cost
of an extra week's holiday.