Labour Court Database __________________________________________________________________________________ File Number: CD89407 Case Number: LCR12516 Section / Act: S67 Parties: WESTMEATH OFFALY INDEPENDENT LIMITED - and - IRISH PRINT UNION |
Claim on behalf of one worker for the application of the Union (I.P.U.) "clerical rate" of pay.
Recommendation:
5. The Court having considered the submissions from both parties
recommends that both sides negotiate a realistic salary scale to
be implemented for the claimant when the Programme for National
Recovery expires.
Division: Ms Owens Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD89407 RECOMMENDATION NO. LCR12516
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: WESTMEATH OFFALY INDEPENDENT LIMITED
and
IRISH PRINT UNION
SUBJECT:
1. Claim on behalf of one worker for the application of the Union
(I.P.U.) "clerical rate" of pay.
BACKGROUND:
2. The Company took over the Westmeath Offaly Independent in
August, 1988. The previous company had gone into liquidation and
the paper was acquired from the liquidator. Most of the former
workers were re-employed by the new Company. The Union is
claiming the I.P.U. clerical rate for one clerical member. It
maintains that four keyboard operatives were offered and accepted
the Union rate and one other clerical employee is also on the
Union scale of pay. (details supplied to the Court). The Company
has rejected the claim stating that provincial newspapers have
agreements with craftsmen and journalists but there is no Union
rate for clerical staff. The Company maintains that the rate of
pay is determined by the environment and profitability and that
its rate of pay compares favourably with other employments in the
area. The Company also denies that the other clerical worker
referred to by the Union is on the Union scale of pay. Her salary
was agreed between herself and Management. Local discussions
failed to resolve the issue which was referred to the conciliation
service of the Labour Court on the 23rd March, 1989. A
conciliation conference was held on the 1st June, 1989 but no
agreement was reached. The dispute was referred to the Labour
Court for investigation and recommendation on the 6th June, 1989.
A Court hearing was held in Athlone on the 25th July, 1989.
UNION'S ARGUMENTS:
3. 1. The clerical scale which was negotiated by the Union prior
to the takeover was the "union rate" for that section just as
there were "union rates" for keyboard operators and
journalists.
The Union rates were applied in the other two sections when
the new Company opened, and should therefore also apply in the
clerical area.
2. The Company did eventually apply the Union scale to one
other clerical worker who is presently on scale II (#185.61).
The worker concerned, if placed on the appropriate scale would
only be on point 3 i.e. #124.57 p.w. The Company has made the
point that they have not applied the scale to the other worker
but pay her what they consider appropriate. This claim is
rather strange seeing that the Company's "appropriate rate" is
identical to the penny to the Union rate.
3. There has never been a claim by the Company that the
employee concerned is other than an excellent worker and it
should be noted that even if the Company apply the Union
rate, the office staff will be the lowest paid in the country.
4. The Company operates with the minimum staff level but has
maximum co-operation from the Union who negotiated a direct
input agreement with them immediately after the formation of
the Company. This meant that Management did not have to
compensate for redundancy as most other newspapers do.
5. The Union has been tolerant in its application of certain
demarcation agreements to give the Company every opportunity
to succeed. It is disappointing therefore that they could not
see their way to apply the Union rate of pay in the case of
this worker.
6. The worker is being discriminated against and the Court
should recommend that the Union rate be applied
retrospectively to January 1989.
COMPANY'S ARGUMENTS:
4. 1. At the end of March, 1989 the Company received from the
Union "an I.P.U. clerical rate" (details supplied to the
Court) with a verbal request that it be implemented. The
Company asked if the rate applied to the Dublin area or
country premises. The reply received was "it was the I.P.U.
clerical rate." At no time has the Union indicated where
their members enjoy these rates.
2. As a new Company management have the interests of all
staff at heart, and it has always been the intention to pay a
wage that is both fair and in line with similar businesses and
reflect the pay levels in the area. In this context the
Company has checked rates of pay for clerical employees in the
area. The Company's rates compare favourably with those other
companies.
3. When the worker concerned applied for the position with
the new Company she stated that she had worked for the
liquidated Company for two years at a salary of #80 p.w. This
was paid by the new Company and before Christmas 1988 she was
paid an increase of #10 p.w. At the beginning of March, 1989
a further increase of #10 was made (plus the % for the
Programme for National Recovery). She now earns #102.70 p.w.
These increases have resulted in an improvement in salary of
28% in less than one year. Working hours have been reduced
from 39.5 to 39 hours per week.
4. The Company is opposed to paying the Union scale of pay
because it is not the practice to apply a countrywide clerical
rate as per the Union's proposal. The practice has been that
clerical scales are local and reflect ability to pay, as
economic circumstances vary from area to area.
5. Had the Company been aware of any such request (I.P.U.
scale of pay) at the time of the worker's application for
employment, then it would have been beyond the financial
competence of the new Company to offer her a position. The
fact that the new Company has ensured this employee enjoyed a
salary increase in excess of 28% in so few months, is proof of
its commitment to paying staff a fair and just wage.
6. No account has been taken of the major financial burden
involved in the purchase of this Company including the heavy
payment commitments to the banks. Radio licences have been
granted to 3 stations covering the Company's sales area, and
consequently it is going to have a reduced slice of the
advertising cake, which is the lifeblood of any newspaper.
RECOMMENDATION:
5. The Court having considered the submissions from both parties
recommends that both sides negotiate a realistic salary scale to
be implemented for the claimant when the Programme for National
Recovery expires.
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Signed on behalf of the Labour Court
Evelyn Owens
_____________________
22nd August, 1989 Deputy Chairman.
T.O'D./J.C.