Labour Court Database __________________________________________________________________________________ File Number: CD90155 Case Number: LCR12771 Section / Act: S67 Parties: INDEPENDENT NEWSPAPERS (IRELAND) LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION |
Dispute concerning a comprehensive agreement for rotary assistants.
Recommendation:
5. The Court has fully considered the oral and written
submissions of the parties. To assist the parties to finalise
their negotiations in respect of the Comprehensive agreement the
Court recommends the following:-
1. The 4 day/4 night week be implemented with effect from
1st January, 1991.
2. The "collect" system be introduced as programmed on 22nd
April, 1990. The Court notes the Industrial Engineers report
on the manning to be used.
Notwithstanding that the manning levels put forward by the
Industrial Engineers is the only assessment of the staffing
required for the "collect system" the Court recommends that
on an interim basis the manning level to apply should be 20.
This manning level to apply until 1st January, 1991 or such
earlier date as may be agreed by the parties.
3. The Court takes the view that where disagreement arises in
complex and technical areas regarding manning levels it is
the generally accepted approach to seek the assistance of
independent assessors to assist to resolve such
disagreements.
The Court accordingly recommends the manning levels of the
papers be the subject of examination by agreed independent
assessors. The findings of the assessors to be the subject
of discussion between the parties with a view to reaching
agreement on the required manning levels. These discussions
to be completed before September, 1990. In the event of any
disagreement the parties to refer such issues as are in
dispute to an agreed third party.
4. Subject to the acceptance of recommendations at 1, 2 and 3
above the 6.13% on the composite rate to be applied with
effect from 1st July, 1989.
Division: MrMcGrath Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD90155 RECOMMENDATION NO. LCR12771
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: INDEPENDENT NEWSPAPERS (IRELAND) LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION
SUBJECT:
1. Dispute concerning a comprehensive agreement for rotary
assistants.
BACKGROUND:
2. Over the past 3 years the Company has embarked on an overall
restructuring/rationalisation programme and has engaged in
negotiations with various sections of the workforce on a
comprehensive agreement. The Company's objective is to make it
more competitive by reducing costs, improving work practices, and
introducing new technology. Against this background, negotiations
on a comprehensive agreement covering 45 rotary machine assistants
were carried out at local level but agreement could not be reached
on the following four items:-
(a) Implementation date for an improved shift pattern.
The Company and the Union are committed in principle to the
introduction of a four day/four night a week shift. The
Union is seeking 1st January, 1991 as the date for
implementation. The Company has agreed a target date of
January, 1991 subject to the change being achieved at no
additional cost to the Company.
(b) Manning levels.
The current manning levels for the Irish Independent is 23
workers for six units printing up to a maximum of forty page
newspapers. The Company propose to reduce this to 17
workers. In relation to the Sunday Independent the Company
proposes to change to a new collect system based on 4 units
instead of six units from 22nd April, 1990 producing a 48
page paper. Manning levels would also be reduced from 23 to
17. The Union claims that a reduction to 20 would be
reasonable.
(c) Studies to determine manning levels.
In March, 1990 a joint report on manning levels for the
Sunday Independent was prepared by two industrial engineers,
(nominated by the Company and Union respectively). The
report was rejected by the workers concerned and the Union
is not prepared to accept further studies as a means of
determining manning levels.
(d) Retrospective payment of 6.13% on composite rates from
4th April, 1988.
On 4th April, 1988 the Company introduced plastic printing
plates to replace metal plates. The Company paid 6.13% on
basic rates. The Union is now seeking 6.13% on the
composite rate from 4th April, 1988.
The matter was referred to the conciliation service of the Labour
Court and conciliation conferences were held on 12th February,
1990, 27th February, 1990, 14th March, 1990 and 28th March, 1990.
No agreement was reached and the matters were referred on 2nd
April, 1990 to a full hearing of the Labour Court which took place
on 3rd April, 1990. The Court issued a recommendation by letter
on 6th April, 1990.
UNION'S ARGUMENTS:
3. 1. In relation to Item (a), as far back as 1982 the Union was
given a commitment by the Company that when staff became
available that the improved shift pattern would be introduced.
This has not happened despite the fact that surplus staff have
become available in other departments where renewals of
agreements have taken place. It is not acceptable that the
rotary department should be treated less favourably than other
departments and the Company should give a specific date for
the introduction of the improved shift pattern.
2. In relation to Item (b), the Union is satisfied that the
proposed concessions to reduce the Sunday Independent manning
from 23 to 20 is more than reasonable in the circumstances.
The Union is satisfied that the job cannot be worked with
seventeen men on the floor.
3. In relation to Item (c), the Union does not accept the
involvement of industrial engineers for the purpose of
conducting further studies as a means of determining manning
and staffing levels. In order to get a full appreciation of
the effect of working reduced manning levels the personnel
involved in carrying out a study would have to be physically
involved in the job.
4. In relation to Item (d), on 4th April, 1988 the Company
introduced a new method of plating the machines and reduced
web width sizes. The Union accepted 6.13% on basic rates for
the introduction of this new technology pending the conclusion
of a new agreement including 6.13% on the composite rate. The
workers concerned have implemented the new technology from 4th
April, 1988 and should be paid the composite rate from that
date.
COMPANY'S ARGUMENTS:
4. 1. In relation to Item (a) both the Company and the Union are
committed to the principle of an improved shift pattern for
rotary machine assistants and a target date of January, 1991
has been agreed. The improved shift pattern must be achieved
at no additional cost to the Company through reduced manning,
changes in work practices where necessary, and the elimination
of existing overtime. The Company is prepared to have a joint
study carried out on the matter.
2. In relation to Item (b), the only reasonable way forward
in determining manning levels is to seek the services of
independent assessors. The Company is satisfied that the new
collect system can be operated by 17 rotary assistants as
recommended in the joint study carried out in March, 1990.
The veto on the production of a 48 page Sunday Independent
even on a trial basis is unreasonable and damaging to the
Company.
3. In relation to Item (c), the Company sees no prospect of a
reasonable and fair resolution to the ongoing disagreements on
manning levels now or in the future unless the expert services
of independent assessors become an integral part of the
industrial relations scene within the rotary department.
4. In relation to Item (d), the Company policy is to pay
agreed increases on productivity rates of pay on full
implementation of comprehensive agreements. To show goodwill
and in recognition of part implementation the Company has paid
6.13% on trade basic rates to rotary machine assistants for
the introduction of plastic printing plate. Full payment can
only be justified when the benefits to the Company of a
comprehensive agreement are immediate.
5. The Company is embarking on the first phase of a
restructuring programme in order to cope with the demands of
the changing competitive environment in the newspaper
industry. The competitive threat to the Company is of major
concern. Competitors are operating with cost structures and
practices which give them considerable economic advantages.
In formulating proposals for the rotary machine assistants the
Company is convinced that there is immense scope for
increasing productivity through reduced manning and changes in
work practices which can only be quantified by direct study
and assessment. It is necessary to implement such proposals
so that the Company can achieve a competitive cost structure.
RECOMMENDATION:
5. The Court has fully considered the oral and written
submissions of the parties. To assist the parties to finalise
their negotiations in respect of the Comprehensive agreement the
Court recommends the following:-
1. The 4 day/4 night week be implemented with effect from
1st January, 1991.
2. The "collect" system be introduced as programmed on 22nd
April, 1990. The Court notes the Industrial Engineers report
on the manning to be used.
Notwithstanding that the manning levels put forward by the
Industrial Engineers is the only assessment of the staffing
required for the "collect system" the Court recommends that
on an interim basis the manning level to apply should be 20.
This manning level to apply until 1st January, 1991 or such
earlier date as may be agreed by the parties.
3. The Court takes the view that where disagreement arises in
complex and technical areas regarding manning levels it is
the generally accepted approach to seek the assistance of
independent assessors to assist to resolve such
disagreements.
The Court accordingly recommends the manning levels of the
papers be the subject of examination by agreed independent
assessors. The findings of the assessors to be the subject
of discussion between the parties with a view to reaching
agreement on the required manning levels. These discussions
to be completed before September, 1990. In the event of any
disagreement the parties to refer such issues as are in
dispute to an agreed third party.
4. Subject to the acceptance of recommendations at 1, 2 and 3
above the 6.13% on the composite rate to be applied with
effect from 1st July, 1989.
~
Signed on behalf of the Labour Court,
Tom McGrath
___21st___May,____1990. ___________________
A. S. / M. F. Deputy Chairman