Labour Court Database __________________________________________________________________________________ File Number: CD88238 Case Number: LCR11866 Section / Act: S67 Parties: CORK EXAMINER - and - NATIONAL GRAPHICAL ASSOCIATION |
Interpretation of relativity clause in Commercial Section Agreement, affecting seventy workers.
Recommendation:
9. It was not clear from the evidence presented to the Court by
the parties what the negotiators of the House Agreement of 1986
had in mind regarding the method of calculation of "average
pagination". In interpreting the Agreement the Court had
therefore to rely noy only on the wording of the Relativity Clause
on page 6 of the Agreement but also on the Introduction to the
Agreement which outlines the general intentions behind the
Agreement. It is stated in this Section that "the Commercial
Section will enjoy the benefits both financial and hours as the
other areas covered by the NGA, where it can be achieved sensibly
and practically".
Until such time as the Agreement is reviewed, the Court recommends
that as a compromise solution to the present dispute the
objectives of that Agreement can best be met, in the matter of
relativity, by adding to the bonus as calculated by the Company
half of the difference between that bonus and the amount of the
bonus based on the Union's claimed method of calculation.
Division: Mr Fitzgerald Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD88238 RECOMMENDATION NO. LCR11866
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: CORK EXAMINER
and
NATIONAL GRAPHICAL ASSOCIATION
SUBJECT:
1. Interpretation of relativity clause in Commercial Section
Agreement, affecting seventy workers.
BACKGROUND:
2. In November, 1986, the Company and the National Graphical
Association (Commercial Staff) concluded a House Agreement. This
followed the conclusion of the main Comprehensive Technology
Agreement between the Company and the Association in December,
1985.
3. The Introduction to the Agreement states that "It is the
intention of the Company, as set out in the Comprehensive
Technology Agreement with the N.G.A. of 1st December, 1985, that
the Commercial Section will enjoy the benefits, both financial and
hours of the other areas covered by the N.G.A., where it can be
achieved sensibly and practically. It is the intention of the
N.G.A. Commercial Section to contribute to this desired objective
by flexibility within the Commercial Section".
4. The Relativity Clause of the same Agreement stated "This will
be based on Case Room basic plus average pagination over annual
twelve (12) month period, beginning 1st July, 1986".
5. The dispute arises out of the interpretation of the Relativity
Clause by the parties. The Association maintains that the average
pagination paid to the Case Room workers should be paid to the
workers in the Commercial Section. The Company contends that
pages for Waterford News and Star printed by the Examiner should
not be included in the calculation of pagination payments for
Commercial Section staff as they do not handle work for the News
and Star. Consequently the workers in the Commercial Section are
paid less than those in the Case Room (details supplied to the
Court).
6. The matter was referred to the Conciliation Service of the
Labour Court on 3rd February, 1988. A Conciliation Conference was
held on 10th March, 1988. As no agreement was possible both
parties agreed to a referral to the Labour Court for investigation
and recommendation. A Court hearing was held in Cork on 20th
April, 1988.
ASSOCIATION'S ARGUMENTS:
7. 1. The Association contends that as some workers in the
Commercial Section handle the accounts and billing for the
News and Star the pagination payment should be applied as in
the Case Room, where not all of the personnel are involved in
handling the News and Star, but still receive pagination
bonus.
2. The matter of relativity and other mutual benefits were
discussed against a back-drop of technological change whereby
the Commercial Section workers agreed to be fully flexible in
the use of the Company's new systems and to undertake new
responsibilities. The arrangement also provided for the
transfer of Case Room personnel to the Commercial Section.
3. When the new wage scale was introduced in July, 1986, the
basic rates of pay and pagination bonus were on par for the
two Sections. That the Commercial Section earnings should be
based on Case Room basic plus pagination was a clear point of
agreement. Because there was an upward movement in the Case
Room bonus, the Company has sought to interpret the
Relativity Clause in such a way as to render it meaningless.
COMPANY'S ARGUMENTS:
8. 1. The Company contends that the Relativity Clause means the
average pagination paid to each member of the Case Room
Chapel over a twelve-month period. For purposes of clarity,
and to be fair, the Company has excluded the number of
apprentices working in the Case Room each week, as they
obtain only a percentage of the full pagination - or, indeed,
none at all in their first two years - and to include them
would distort the figures and show a lesser average
pagination figure per person per week.
2. The average pagination bonus paid per person per week for
the year to June 30th, 1987, was £101,35. This figure
contains a sum of £3.11 per person per week for pasting-up
the News and Star newspaper, which is an outside publication
and into which the Commercial Chapel does not have any input,
save for the Computer Department, running the debtors'
statements monthly. The time taken on this task is
approximately two hours. At present, new technology is being
purchased for the News and Star and, when implemented, this
will eliminate all commercial input completely.
3. The Association has presented figures as follows -
Basic Page bonus Total
Case Room ......... £240.11 £116.72 £356.83
Commercial ........ £351.12 -- £351.12
The Company contend that these are erroneous for the
following reasons -
(a) News and Star included, as explained above;
(b) The bonus of £116.72 is based on those who attended
during any one week and does not include those who
were absent through sickness or holiday.
The correct average weekly figures are as follows -
Basic Page bonus Total
Case Room ........... £240.11 £101.35 £341.46
Commercial .......... £351.12 -- £351.12
RECOMMENDATION:
9. It was not clear from the evidence presented to the Court by
the parties what the negotiators of the House Agreement of 1986
had in mind regarding the method of calculation of "average
pagination". In interpreting the Agreement the Court had
therefore to rely noy only on the wording of the Relativity Clause
on page 6 of the Agreement but also on the Introduction to the
Agreement which outlines the general intentions behind the
Agreement. It is stated in this Section that "the Commercial
Section will enjoy the benefits both financial and hours as the
other areas covered by the NGA, where it can be achieved sensibly
and practically".
Until such time as the Agreement is reviewed, the Court recommends
that as a compromise solution to the present dispute the
objectives of that Agreement can best be met, in the matter of
relativity, by adding to the bonus as calculated by the Company
half of the difference between that bonus and the amount of the
bonus based on the Union's claimed method of calculation.
~
Signed on behalf of the Labour Court
26th May, 1988 Nicholas Fitzgerald
M.D./P.W. Deputy Chairman