Labour Court Database __________________________________________________________________________________ File Number: CD90597 Case Number: LCR13090 Section / Act: S67 Parties: SUNDAY NEWSPAPERS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for retrospection of a pay increase.
Recommendation:
5. The Court has considered the submissions made by the parties
in this case. Having regard to the fact that parity of rates with
the machine room was conceded to the despatch department staff it
seems to the Court that the Company has little option but to
concede the Union's claim.
The Court so recommends.
Division: Mr O'Connell Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD90597 RECOMMENDATION NO. LCR13090
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: SUNDAY NEWSPAPERS LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for retrospection of a pay increase.
BACKGROUND:
2. In 1989 the Company sought interchangeability between its
machine room and its despatch department. The matter was referred
to the conciliation service of the Labour Court at that time and
following a conciliation conference on 18th October, 1989 the
Company conceded parity between the two departments and increased
the rate in the despatch department to that of the machine room.
In December, 1989 this parity was broken when the Company
negotiated a new increased pay rate of #409 per week with the
group of unions in the machine room. Pay for working four public
holidays were included in the new rate. The despatch department
claimed the restoration of parity from 3rd December, 1989. The
Company rejected the claim and as no agreement could be reached at
local level the matter was referred on 2nd October, 1990 to the
conciliation service of the Labour Court. A conciliation
conference was held on 8th October, 1990 at which the following
settlement proposals were agreed for recommendation by both
parties:-
1. The rate of #409 p.w. will be applied from 8th October,
1990 being the rate currently applying in the Machine
Room. This rate includes the working of 4 bank holidays
as follows: St. Patrick's Day, Easter Monday, Whit
Monday, August Bank Holiday Monday.
2. The Union reserves its position in relation to serving a
claim in the light of any Labour Court Recommendation in
respect of an integrated rate in the Machine Room
including the working of bank holidays.
3. The question of a claim for retrospection on the rate of
#409 can be processed to the Labour Court by the Union.
The proposals were accepted and the claim for retrospection was
referred to the Labour Court on 16th October, 1990 for
investigation and recommendation. The hearing took place on 8th
November, 1990.
UNION'S ARGUMENTS:
3. 1. In October, 1989 parity was established between the
machine room and the despatch department. In December, 1989
the Company increased the pay rate for the machine room staff
and consequently parity was broken. Parity was restored in
October, 1990. The workers in the despatch department should
be reimbursed for the disturbance in parity from 3rd December,
1989 to 8th October, 1990 and any overtime worked during that
period should be paid at parity rates.
2. The issue of restrospection could have been resolved at
local level if the Company was willing. The Union has been
frustrated with the way the Company has dealt with the claim
and is satisfied that a solution could have been arrived at
much earlier.
COMPANY'S ARGUMENTS:
4. 1. The Company has treated the despatch department more than
fairly. In October, 1989 the Company conceded parity which
involved an increase of #60 per week for the workers
concerned. The Company has not made provision for further
increases for the workers concerned.
2. The Company has received no benefit from the agreement
reached in October, 1990 and will not make any gain until
Saint Patrick's Day next year. The Company should not have to
pay retrospection. The benefits will not accrue until March,
1991.
RECOMMENDATION:
5. The Court has considered the submissions made by the parties
in this case. Having regard to the fact that parity of rates with
the machine room was conceded to the despatch department staff it
seems to the Court that the Company has little option but to
concede the Union's claim.
The Court so recommends.
~
Signed on behalf of the Labour Court
John O'Connell
___________________________
23rd November, 1990 Deputy Chairman.
A.S./J.C.