Labour Court Database __________________________________________________________________________________ File Number: CD88589 Case Number: LCR12014 Section / Act: S67 Parties: MTM ARDMORE STUDIOS - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Claim on behalf of five security workers for improvements in pay and conditions of employment.
Recommendation:
7. The Court, having considered the submissions made by the
parties and noting that a 45 hour week is to be implemented as
from 1st August, 1988, recommends that the terms of the National
Plan should apply as from 1st June, 1988, i.e. the expiry date of
the interim agreement.
The Court does not recommend concession of the other claims.
Division: Mr Fitzgerald Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD88589 RECOMMENDATION NO. LCR12014
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: MTM ARDMORE STUDIOS
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim on behalf of five security workers for improvements in
pay and conditions of employment.
BACKGROUND:
2. The Studios were acquired by the present owners in October,
1986. The workers concerned were retained in employment by the
new owners at their previous rates of pay. In February, 1987, the
Union requested a review of the pay and conditions of the workers
and in subsequent discussions a six month interim arrangement was
agreed which provided for a 5% increase from 1st December, 1987.
In May, 1988, the Union outlined its claims as follows -
- review of wage rates
- introduction of shift pay
- reduction in working week from 48 hours to 40 hours
without loss of pay
- introduction of weekend allowance
- extra annual leave
- re-introduction of sixth person cover.
3. No agreement could be reached at local level and on 23rd June,
1988, the matter was referred to the conciliation service of the
Labour Court. Conciliation conferences were held on 4th and 8th
July, 1988, at which management made the following offer -
- 5% wage increase from 1st December, 1988
- a 45 hour working week to be introduced from 1st
August, 1988.
4. This was unacceptable to the Union and on 25th July, 1988, the
matter was referred to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 17th
August, 1988.
UNION'S ARGUMENTS:
5. 1. The workers have shown great loyalty and commitment to
the studios over the years. The studios are known both
nationally and internationally and on security alone the
workers have a great deal of responsibility. The workers'
duties encompass much more than routine security due to the
nature of the industry and tact, diplomacy and knowledge of
the industry are essential. However, with the exception of
the interim adjustment the workers have not had a wage
increase since 1981. In addition prior to the interim
increase in December, 1987, the workers had a #30 per week
nett allowance. However, #20 of this was consolidated into
the basic rates and the workers have experienced a nett loss
rather than a gain as a result of this.
2. The current rates of pay of the workers are #186.32 per
week for Security Officers, #201.44 per week for the Deputy
Senior Security Officer and #204.38 for the Senior Security
Officer. In comparison the rates of pay for security workers
in the RTE Studios range from #188.67 to #210.81 per week for
a Security Officer and #200.95 to #223.09 per week for a
Senior Security Officer. The nature of the work in both
studios is similar and the workers concerned work a
forty-eight hour week while in RTE a forty-hour week applies.
In the circumstances parity with RTE is both fair and
reasonable.
3. The workers although on a four cycle shift do not receive
shift pay and the only additional payment is a #3 allowance
for night shift. The current Rostered Duty Allowance of
#4.80 which amounts to #24 for day work alone, applied to
workers in RTE should equally be applied to these workers.
In industry generally a 33 1/3% premia is normal for 4 cycle
shift workers. In relation to weekend allowances, workers in
RTE receive #14.40 for working a rostered normal Saturday and
#19.20 for duty on a normal rostered Sunday. This should
also be applied to these workers.
4. The workers currently receive 19 days annual leave per
annum which is out of line with generally accepted standards
particularly for four cycle shift workers. The RTE workers
receive a minimum of 21 days with increases for service.
These workers should receive twenty five days annual leave
per annum.
5. At present there are five workers, whereas the studios
operation requires a six person coverage. On occasions there
is only one worker on duty and the tasks required prevent the
worker from carrying out essential patrols of the studios. A
sixth person should now be recruited.
COMPANY'S ARGUMENTS:
6. 1. When the Studios were set up in October, 1986, decisions
had to be made regarding all areas of employment. Management
decided to employ these workers as they had been loyal to the
Studios. The alternative was to use outside security which
would have been less expensive, as security is a major cost.
A comparison between this Studio and RTE is not relevant.
RTE is a television operation, operates full-time and has a
large workforce. This studio has few full-time workers and
even during production has significantly less workers than
RTE. A better comparison would be with other studios, which
operate a one man operation.
2. The rates of pay at which the workers were employed in
October, 1986, were the rates paid previously therefore, the
period prior to the new ownership is not relevant. Since
then the workers have received a 5% increase in December,
1987, although the rate of inflation was only 3.9% and it is
expected that management's offer of 5% from December, 1988,
would also be in excess of inflation. The #30 cash allowance
referred to by the Union, of which #20 has been incorporated
into the rates, arose from the retirement of the sixth worker
and it was understood that the other workers would cover the
duties of that worker. Altogether the workers have received
a 9.7% increase in the two year period taking together the
extra #20 and the December, 1987, increase of 5%. If the
workers' hours were reduced this would equate to a 22%
increase in the same period. The studios could not justify
increasing the costs of these workers further.
RECOMMENDATION:
7. The Court, having considered the submissions made by the
parties and noting that a 45 hour week is to be implemented as
from 1st August, 1988, recommends that the terms of the National
Plan should apply as from 1st June, 1988, i.e. the expiry date of
the interim agreement.
The Court does not recommend concession of the other claims.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
8th September, 1988 ---------------------
U.M./P.W. Deputy Chairman