Labour Court Database __________________________________________________________________________________ File Number: CD8960 Case Number: LCR12261 Section / Act: S67 Parties: RADIO TELEFIS EIREANN - and - FEDERATED WORKERS' UNION OF IRELAND |
Dispute concerning alleged breach of agreements relating to production assistants.
Recommendation:
3.(a) The Court has given careful consideration to the submissions
made by the parties. Having considered the arguments as to
the application of the Agreement "The Development of
Broadcasting Services in the 1980s" the Court is satisfied
that despite the specific date of termination contained
therein that the Agreement was intended to continue to apply
in the absence of a replacement. Furthermore the Court is
satisfied that the underlying specific principle provided
for in the Agreement is that set out in Clause 3, i.e.
crewing to workload. The sub clauses of Clause 4 are rather
a list of specific changes envisaged at the time the
Agreement was negotiated and were clearly not intended to be
comprehensive or definitive.
Thus the changes proposed by the Authority are in the
Court's opinion clearly within the terms of the
"Broadcasting in the 1980s" Agreement and the Court
recommends that they be accepted by the workers concerned.
(b) However, nothing in the Agreement absolves the Authority
from its obligation to explain to the workers concerned the
immediate implications of the changes proposed, to indicate
as far as possible where their future lies within the
organisation, and to reassure permanent staff that the
provision of "no forced redundancy" clearly implicit in the
Agreement will continue to apply. It is the view of the
Court that the Authority failed to meet this requirement
which in this case is particularly important in view of the
climate created by the Chairman's statement "Our strategy
for survival" which was issued only weeks before the changes
were first suggested by Management.
(c) The Court therefore further recommends:
(1) That Management immediately rescind any action taken
against individual members of staff, and that such
staff will not suffer loss of salary.
(2) That the workers commence to operate the proposed
crewing arrangements with immediate effect if necessary
under protest.
(3) That Union and Management commence immediate
discussions on the issues outlined in paragraph (b)
above having due regard to the Court's interpretation
of the Agreement. Should the parties consider it
helpful the Court will arrange for the assistance of an
IRO.
The Court would consider that such discussions should
be concluded not later than 4 weeks from the date of
issue of this Recommendation.
Division: Mr O'Connell Mr Heffernan Mr O'Murchu
Text of Document__________________________________________________________________
CD8960 RECOMMENDATION NO LCR12261
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: RADIO TELEFIS EIREANN
and
FEDERATED WORKERS' UNION OF IRELAND
SUBJECT:
1. Dispute concerning alleged breach of agreements relating to
production assistants.
BACKGROUND:
2. With reference to the Court's investigation of 1st February,
1989, into the above dispute the following is the Recommendation
of the Court.
RECOMMENDATION:
3.(a) The Court has given careful consideration to the submissions
made by the parties. Having considered the arguments as to
the application of the Agreement "The Development of
Broadcasting Services in the 1980s" the Court is satisfied
that despite the specific date of termination contained
therein that the Agreement was intended to continue to apply
in the absence of a replacement. Furthermore the Court is
satisfied that the underlying specific principle provided
for in the Agreement is that set out in Clause 3, i.e.
crewing to workload. The sub clauses of Clause 4 are rather
a list of specific changes envisaged at the time the
Agreement was negotiated and were clearly not intended to be
comprehensive or definitive.
Thus the changes proposed by the Authority are in the
Court's opinion clearly within the terms of the
"Broadcasting in the 1980s" Agreement and the Court
recommends that they be accepted by the workers concerned.
(b) However, nothing in the Agreement absolves the Authority
from its obligation to explain to the workers concerned the
immediate implications of the changes proposed, to indicate
as far as possible where their future lies within the
organisation, and to reassure permanent staff that the
provision of "no forced redundancy" clearly implicit in the
Agreement will continue to apply. It is the view of the
Court that the Authority failed to meet this requirement
which in this case is particularly important in view of the
climate created by the Chairman's statement "Our strategy
for survival" which was issued only weeks before the changes
were first suggested by Management.
(c) The Court therefore further recommends:
(1) That Management immediately rescind any action taken
against individual members of staff, and that such
staff will not suffer loss of salary.
(2) That the workers commence to operate the proposed
crewing arrangements with immediate effect if necessary
under protest.
(3) That Union and Management commence immediate
discussions on the issues outlined in paragraph (b)
above having due regard to the Court's interpretation
of the Agreement. Should the parties consider it
helpful the Court will arrange for the assistance of an
IRO.
The Court would consider that such discussions should
be concluded not later than 4 weeks from the date of
issue of this Recommendation.
~
Signed on behalf of the Labour Court
7th February, 1989 John O'Connell
UM/PG Deputy Chairman