Labour Court Database __________________________________________________________________________________ File Number: CD91599 Case Number: LCR13490 Section / Act: S26(1) Parties: IRISH PRESS NEWSPAPERS LIMITED - and - NATIONAL UNION OF JOURNALISTS |
Dispute concerning: (a) 3% payment (b) Weekend working (c) Deduction of pay.
Recommendation:
The recommendation in this case is too long for the Recommendation
Field of the Database. It is held in the Document Field.
Division: Mr O'Connell Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91599 RECOMMENDATION NO. LCR13490
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH PRESS NEWSPAPERS LIMITED
and
NATIONAL UNION OF JOURNALISTS
SUBJECT:
1. Dispute concerning:
(a) 3% payment
(b) Weekend working
(c) Deduction of pay.
BACKGROUND:
2. The Court investigated this dispute on the 19th November,
1991. The following is the Court's recommendation.
*RECOMMENDATION:
3. The Court has considered the issues raised by the parties at
the hearing on the 19th November.
These items upon which the parties are most directly and
immediately at odds are
(a) 3% payment
(b) Week end working
(c) Deductions of pay
(a) 3% Payment
On the matter of the 3% payment the Court has carefully
examined all correspondence between the parties and is
satisfied that at no time was the offer of this payment made
unconditionally. The condition so specified was the
satisfactory completion of the transfer of relevant
departments to Parnell Square. The fact that the N.U.J. has
fulfilled all the necessary obligations and is ready to move
without further delay does not of itself fulfil that condition
as it applies to the Group of Unions as a whole.
The Court therefore cannot recommend concession of the Unions
claim in this respect.
(b) Week End Working
In considering this question the Court has borne in mind the
very difficult circumstances in which the existing attendance
system was introduced last year. It notes comment by both
Management and the Union that the arrangements worked out
jointly at that time worked satisfactorily until July. It is
unfortunate that it was found necessary to change these
arrangements so soon after this agreement had been reached and
whilst relations between Management and Union were yet again
being strained by the difference over the 3% referred to
above.
It is the view of the Court that if the changes proposed by
Management involve a reduction in the number of free weekends
and thereby are perceived by the staff to be a worsening of
conditions, that regardless of the issue of principle involved
Management should give greater attention to the views
expressed by the staff concerned.
Similarly a claim by staff that the negotiated rosters involve
a concession in principle on weekend working simply broadens
the area of disagreement.
It is the view of the Court that Management's unilateral
effort to bring about changes was ill considered and not
properly planned. On the other hand the Court finds no
circumstances which justified the decision of N.U.J. not to
attend rostered shifts. It is clear that rosters will require
to be changed from time to time to suit particular
circumstances. The Court would expect such a matter to be
dealt with by the parties directly bearing in mind the
requirements of the job. In normal circumstances the Court
would expect the issue to be dealt with by the type of
procedural machinery which both Management and Union seek to
establish and the Court recommends that the parties proceed to
deal with this matter in this fashion.
Deductions
The Union acknowledges that in the course of their submission
that this non attendance constituted industrial action and the
Court in the circumstances does not recommend concession of
the Union's appeal for a refund of the salary deductions but
does recommend that such deductions should only be in respect
of actual hours not worked.
Sport Reporters
Amongst other specific matters raised by the parties was the
question of the work of sports reporters. Whilst it is
legitimate to complain about personnel being assigned to
duties they are not capable of carrying out it is clear from
the minute of the S11 installation team that the future
position of sports reporters vis a vis the new system is under
consideration and has yet to be decided. The Court takes the
view that this is the appropriate forum in which to deal with
this matter. The Court feels that in these circumstances a
specific recommendation would be premature.
Industrial Relations Procedures
Both parties have sought the assistance of the Court by asking
it to recommend the introduction of formal procedures to deal
with industrial relations. For their part the Management have
submitted a detailed document relating to rights and
procedural matters whilst the Union appears to seek the
re-establishment of joint bodies which formally operated in
the Company.
In the light of recent difficulties the Court fully endorses
the need for such procedures. In the normal course of events
it would incline towards favouring the re-introduction of
systems already tested and familiar to the parties such as
those proposed by the Union and does so in this case with the
proviso however that if they are found by either party to be
lacking in any essential element that the parties begin
discussions without further delay to design mutually
agreeable, effective and straightforward disputes resolution
procedures.
RECOMMENDATION:
The recommendation in this case is too long for the Recommendation
Field of the Database. It is held in the Document Field.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
2nd December, 1991. Deputy Chairman
T.O'D./J.C.