Labour Court Database __________________________________________________________________________________ File Number: CD89129 Case Number: LCR12355 Section / Act: S67 Parties: RADIO TELEFIS EIREANN - and - NATIONAL UNION OF JOURNALISTS |
Claim for an increase in the number of permanent staff in the Newsroom and the R.T.E. Guide.
Recommendation:
7. Having considered the submissions made by the parties in light
of the acknowledged breaches of the Broadcasting in the 1980's
Agreement by the Authority the Court is of the opinion that
offers to comply with the terms of the Agreement cannot be used to
bargain for changes in working conditions no matter how urgently
these changes are required.
The Court therefore recommends that R.T.E. set about
unconditionally eliminating such breaches of the Broadcasting in
the 80's Agreement as are immediately possible particularly
amending the proportion of temporary contract staff in the news
division, and staffing of the R.T.E. Guide.
However having regard to the urgent necessity, acknowledged by
both parties, to be prepared for the imminent direct competition
the Court further recommends that the parties meet to negotiate on
the changes needed without further delay.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD89129 RECOMMENDATION NO. LCR12355
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: RADIO TELEFIS EIREANN
and
NATIONAL UNION OF JOURNALISTS
SUBJECT:
1. Claim for an increase in the number of permanent staff in the
Newsroom and the R.T.E. Guide.
BACKGROUND:
2. In 1984 R.T.E. and the Union signed an Agreement "The
Development of Broadcasting Services in the 1980's." Another
Agreement signed in 1978 provided for the "Recruitment Training
and Career Development of Journalists in R.T.E." In exchange for
increases in salary and lump sum payments the Authority introduced
changes in working practices new technology and staffing levels.
The 1984 Agreement set out the staffing structure in the Newsroom
and R.T.E. Guide and clause 6.6 stipulated that "the
temporary/casual staff employed should not be more than 10% of the
total at any time. The Union claims that the Authority is in
breach of this clause of the Agreement in that they have increased
the number of temporary/casual staff beyond the agreed 10% level.
The Union also alleges that the Authority is in breach of the 1978
Agreement in relation to the training of new journalists. The
Authority admits that it is in breach of the Agreements but argues
that it is facing severe difficulties with the arrival of
independent radio and television stations, and that changes in
manning levels and work practices are essential for survival. The
Authority is now proposing that the Union accept a new document
"Strategy for Survival" which includes staff reductions, more
programmes at lower cost no compensatory increases in pay or
improvements in conditions, flexibility in employment and crewing
practices, and subsistence and other expenses reduced to a
minimum. Local discussions failed to resolve the issue and the
dispute was referred to the conciliation service of the Labour
Court on the 20th January, 1989. A conciliation conference was
held on the 14th February, 1989 but no agreement was reached. The
dispute was referred to the Labour Court for investigation and
recommendation on the 22nd February, 1989. A Court hearing was
held on the 14th March, 1989.
UNION'S ARGUMENTS:
3. 1. Faced with what it sees as a very threatening future the
Authority have decided to implement a more recent document
"Strategy for Survival" formulated with the object of saving
money. Its proposals include redundancy, scrapping well
established agreements and endangering programmes. This has
been done without reference to the staff in R.T.E. or its
representatives, and indeed without reference to senior
programme executives. It is intended that this should be
done, to quote staff relations, without adopting traditional
negotiating methods. The Union believes that the reason
R.T.E. will not use such methods is that these would show up
the illogicality and flaws inherent in the document. The
Union is as anxious as the Authority to meet the challenge of
the future but demands the right to do so by the use of
traditional collective bargaining procedures.
2. R.T.E. is in breach of the terms of the two Agreements:
(a) "The Development of the Broadcasting Services in the
1980's" and (b) "Recruitment, Training and Career Development
of Journalists in R.T.E.," in relation to staffing levels and
proper training of new journalists in the newsroom and on
Radio 2 news (details supplied to the Court). R.T.E. should
honour its commitment to the 10% level of contract/casual
staff and make immediate staff appointments of 8 of the 21
non-permanent staff in the newsroom to bring the level of
contract/casual staff to 9.4%.
3. It is a deplorable situation where a journalist, newly
appointed to the newsroom, is rostered to broadcast live on
air within the first two days of that appointment without any
formal training in broadcasting techniques. In such cases not
only is the standard and quality of broadcasting in R.T.E. put
at risk, but the reputation and career prospects of the
individual concerned are jeopardised. The Authority should
comply with the Agreement at (b) above and organise without
delay a comprehensive broadcasting training course for those
journalists not provided with such a course at the start of
their employment. Because of the failure of the Authority to
honour the Agreement several journalists working on the R.T.E.
Guide have been denied the full and proper benefits of the
positions they have occupied over a period of years. Repeated
and exceptional attempts (without success) have been made by
the Union at local and corporate levels to resolve the ongoing
and deteriorating situation.
3. 4. An attempt made by R.T.E. during the past year to
implement unilaterally a new, hybrid and contractual position
of Deputy Editor/Chief Sub-Editor with conditions attached
that had not been the subject of any negotiations with the
Union, and thereby to alter staffing structures significantly,
led to a dispute despite repeated efforts by the Union to
avert just such a situation (details supplied to the Court).
This ongoing dispute has now been exacerbated by R.T.E.'s
ill-considered response to finding that the person it had
chosen to fill the vacant position of Editor was no longer
interested in the job. In this present and prolonged dispute
the Union has acted with the utmost restraint and propriety.
Its concern for the future of the R.T.E. Guide is second to no
other. Its expression of that concern has been made
repeatedly. Its fear for that future at the hands of an inept
management is background to this case.
5. The Authority's failure to implement the Agreement has
resulted in financial and other losses for those who have long
been paid as casuals at "daily rate" while occupying what are
properly permanent and pensionable positions. One result of
the pre-Christmas dispute was that they were at least
assimilated onto the relevant scale of payment, with
entitlement to yearly increments - though without the fuller
benefits attaching to a staff position. The overall effect on
the R.T.E. Guide complement as a whole was, and seemed likely
to continue to be, debilitating and discouraging. To that
must now be added a sense of outrage, however restrained and
disciplined its expression.
AUTHORITY'S ARGUMENTS:
4. 1. All changes signalled in the 1984 Agreement "The
Development of the Broadcasting Services in the 1980's" have
come to pass. In May, 1985 a firm of Management consultants
were commissioned by the Minister for Communications to carry
out a review of the organisation and operations of R.T.E.
Many of the recommendations contained in the report (details
supplied to the Court) were accepted. In the early part of
1988 the Oireachtas passed legislation allowing for the
establishment of commercial radio and television. R.T.E.'s
copyright on its T.V. and Radio listings which form the
mainstay of the R.T.E. Guide has also been under attack. A
recent decision of the European Commission required R.T.E. and
other broadcasting organisations to allow other
publications to publish their listings. It should also be
noted that the recent growth in the number of areas receiving
multi channel T.V. is estimated to have reduced the revenue
earnings of the R.T.E. Guide by #100,000 p.a. It is estimated
that the above developments could result in net revenue losses
of #10 million p.a. or approximately 20% of R.T.E.'s total
income from advertising.
2. Against this background R.T.E. prepared its own plan for
the future "Competing in the New Environment - Our Strategy
for Survival". The "Strategy for Survival" document (details
supplied to the Court) clearly spelled out that the changes
being sought were vital to the survival of the organisation
and could not be subjected to industrial relations bargaining.
Meetings were held at local level. In essence the Union,
while recognising that change had and would occur in R.T.E.,
would not discuss them unless R.T.E. agreed to increase its
quota of permanent staff.
3. At the conciliation conference the Authority stated that
while the agreement on the Development of the "Broadcasting
Services in the 1980's" had been entered into in good faith,
the competitive climate within which the organisation had to
operate had changed substantially. While the Authority was
willing to discuss the position of non-permanent staff, it
would require as a quid pro quo from the Union agreement on
the operational changes sought in the Strategy for Survival
document, insofar as they applied to journalists; full
flexibility in relation to the employment of
casual contract and temporary staff and a departure from the
"10% ratio" as it applied to the News Division.
4. The Authority cannot continue to operate within the
restrictions of clause 6.6 of Section B or clauses 2.2. and
2.3 of Section D of its Agreement on the Development of the
Broadcasting Services in the 1980's. The Authority believes
it has no other choice in this matter having regard to the
harsh economic and commercial realities facing the
organisation in the immediate future and has taken up this
stance because it is necessary for the survival of the
organisation. The possible revenue losses projected in the
Strategy for Survival are not meant to scare. If these
projections are only partially fulfilled the Authority will be
facing successive financial deficits. Given that scenario
further staff reductions are inevitable.
5. It is no longer feasible for the Authority to maintain the
level of permanent staff as heretofore. A permanent post in
the Authority with all this entails means "a job for life"
commitment by it to an individual. Competitors, who are and
will be vying with the Authority for advertising revenue and
audiences, cannot and will not be giving that commitment. The
Authority recognises that it has a duty to all elements of its
workforce, and maintains that the conditions of employment of
non-permanent staff are of a very high standard. Already
R.T.E. have offered to some of the individuals improved tenure
in the form of fixed term contracts. Furthermore, recognising
that job mobility will be a feature of broadcasting in
Ireland, a portable pension scheme will be introduced in the
near future for contract staff. It should be borne in mind
that when some of the individuals involved in this claim
entered the organisation they were fully aware of their
non-permanent status. There are a large number of individuals
employed at various levels on fixed term, fixed purpose or
casual contracts within the organisation. Concession of the
Union's claim could undoubtedly have massive repercussive
effects within R.T.E.
6. The Authority wishes to state that while it acknowledges
the case made by the Union in relation to the Agreement on
"The Development of the Broadcasting Services in the 1980's
economic circumstances dictate that it cannot deal with the
matter as simply as the Union would wish. While not
understating the difficulties involved, the Authority is
prepared to discuss the matters in dispute in the context of
the necessary changes outlined in our "Strategy for Survival"
being implemented.
RECOMMENDATION:
7. Having considered the submissions made by the parties in light
of the acknowledged breaches of the Broadcasting in the 1980's
Agreement by the Authority the Court is of the opinion that
offers to comply with the terms of the Agreement cannot be used to
bargain for changes in working conditions no matter how urgently
these changes are required.
The Court therefore recommends that R.T.E. set about
unconditionally eliminating such breaches of the Broadcasting in
the 80's Agreement as are immediately possible particularly
amending the proportion of temporary contract staff in the news
division, and staffing of the R.T.E. Guide.
However having regard to the urgent necessity, acknowledged by
both parties, to be prepared for the imminent direct competition
the Court further recommends that the parties meet to negotiate on
the changes needed without further delay.
~
Signed on behalf of the Labour Court
John O'Connell
__________________________
20th April, 1989 Deputy Chairman.
T.O'D./J.C.