Labour Court Database __________________________________________________________________________________ File Number: CD90610 Case Number: LCR13088 Section / Act: S67 Parties: RADIO TELEFIS EIREANN - and - SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION |
Claim by the union on behalf of seven Information Officers concerning:- (a) regrading, (b) change in their day to day working arrangements, (c) compensation for loss of shift premium arising from revised working arrangements and (d) compensation for loss of overtime arising from revised working arrangements.
Recommendation:
5. The Court has considered the written and oral submissions of
the parties and takes the view that grounds do not exist for
concession of the Union's claim for re-grading of the workers
concerned to senior administrative scale.
It is the view of the Court given all the circumstances relating
to the loss of shift the issue should be resolved by the payment
of a lump sum equal to the roster duty allowance (shift) earnings
for each individual in the last 20 months.
The Court has also taken into account the very high level of
overtime worked up to 1989 and the level achieved up to the
present date. R.T.E. has expressed the view that overtime is paid
on an actuality basis and can vary from time to time and will be
available in the future albeit in a reduced form. In respect of
this considerable loss the Court recommends the payment of a lump
sum, individually calculated, based on the average of the last two
years from the date of acceptance of this recommendation less the
actual overtime earned in the twelve months following acceptance
of this recommendation.
The Court so recommends.
Division: MrMcGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD90610 RECOMMENDATION NO. LCR13088
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: RADIO TELEFIS EIREANN
and
SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION
SUBJECT:
1. Claim by the union on behalf of seven Information Officers
concerning:-
(a) regrading,
(b) change in their day to day working arrangements,
(c) compensation for loss of shift premium arising from
revised working arrangements and
(d) compensation for loss of overtime arising from revised
working arrangements.
BACKGROUND:
2. 1. The Information Officer grade has two main areas of duty
within the organisation - Information and Publicity. Seven
workers are currently employed by the Authority as Information
Officers (two job share). Their salary scale ranges from
#9,338 to #14,482. For the past twenty years Information
Officers have worked a six week roster covering the seven days
of the week up to 11.45 p.m. approximately. They work four
days per week for four weeks and five days per week for two
weeks. The working arrangement results in shift and overtime
payments and in two days extra leave (to compensate for
occasions of after midnight working).
2. Since 1987, the Authority has being seeking to introduce a
revised attendance system. In August, 1990, it announced its
intention of introducing a five day Monday to Friday
attendance system, with a telephone answering service to
record all queries, comments etc. after 7.00 p.m. Such
telephone calls would be responded to on the following day or
following the week-end during normal working hours. Local
discussions on the issue took place between the Union and
Management on 20th September, 1990, during which Management
offered to compensate the workers concerned for their loss of
shift earnings, by the payment of a lump sum equivalent to
individual shift earnings for the preceding 14 months. On
27th September, 1990, the Union rejected the Authority's
proposal and sought a regrading of the Information Officer as
part of a new attendance agreement. The Authority rejected
the regrading claim advising that the change of roster to a
five day Monday - Friday pattern would be implemented on 15th
October 1990. On 12th October, 1990 the Union advised the
Authority that Information Officers did not wish to work the
revised standard duty roster. The dispute was referred to the
Conciliation Service of the Labour Court on 18th October,
1990. It was the subject of a conciliation conference on 23rd
October, 1990. No agreement was reached and both parties
requested a full Court hearing. The Authority indicated that
it could not jointly refer the issue of roster attendance as
it has a right to introduce a revised attendance schedule.
The Court investigated the dispute on 26th October, 1990.
UNION'S ARGUMENTS:
3. 1. Under the six week roster arrangement Information Officers
worked a 35.50 hour week. Their working arrangement entitles
each full time officer to a shift allowance (average #600 per
annum) and to an overtime payment (average #5,000 per annum).
As part of their shift agreement they also receive two
additional days leave. The Authority's new attendance
arrangement which is due to come into operation on the weekend
of 27/28th October, will increase the working week to 41.25
hours. The straight five day working week will abolish shift
payments and the two days annual leave accruing from shift
work. Overtime payments will be greatly reduced by the the 5
day working instead of 4 day and because there will be no
week-end or public holiday working. Under the new roster
agreement Information Officers must continue to work a 35.50
hour week and they will have to be compensated for the
abolition of shift payments and reduced overtime earnings.
2. Information Officers have worked under the 6 weeks roster
system for over twenty years. In order to offset the
significant drop in income, resulting from the revised working
pattern, improvements should be made to their basic pay.
Considering the Information Officer's job description and the
nature of work attached to that duty, a regrading to Senior
Administrative Officer is justifiable (details of duty
supplied to the Court). The seven Information Officers work
in a highly demanding job. They have a high level of
responsibility. They work on their own initiative, mainly
without any direct supervision. Their major financial loss,
personal disruption and deterioration in working conditions
more than justifies a regrading to Senior Administrative
Officer.
AUTHORITY'S ARGUMENTS:
4. 1. The Authority is within its rights in requiring the
employees concerned to work the revised attendance roster.
The revised roster is completely in line with their terms and
conditions of employment. It does not require that they
attend at work for more hours than their colleagues in
clerical/administrative grades. The revised attendance
pattern is being introduced in order to make better use of
staff resources. It means that the workers will be more
involved in the publicity side of the job which, in itself, is
a work enhancing and developmental move.
2. The workers concerned will be compensated for their loss
of shift payments arising out of the change to a standard
Monday - Friday 5 day week attendance pattern. A payment,
equal to individual shift earnings for the previous 14 months
will be made to each worker. This formula has previously been
used by the Authority and has recently been endorsed by the
Labour Court in L.C.R. 12837 (which related to a change in
roster to standard days in mechanical maintenance).
3. The Union claims that Information Officers will suffer a
loss in overtime earnings. Traditionally overtime is paid on
an actuality basis and it can vary from time to time. The
very nature of broadcasting can dictate this. The change in
roster may have an indirect effect on overtime earnings but
the level cannot be predicted. Overtime will remain a feature
in the Information Officers' area of work and the opportunity
to earn such payments will be available to all concerned. The
new roster will mean the discontinuance of shift earnings, not
of overtime earnings. It has never been policy to compensate
for loss of overtime due to the fact that the level can vary
and that it is paid on an actuality basis.
4. As part of the revised roster agreement, the Union is
seeking a regrading of the Information Officers concerned, to
the grade of Senior Administrative Officer. The claim is
being pursued as a response to the Authority changing a roster
pattern in line with conditions and contracts of employment.
There is no change being proposed in the workers' duties and
accordingly, there is absolutely no basis for regrading. The
Senior Administrative Officer grade is a supervisory position,
requiring specialist skills or third level qualifications.
The regrading claim represents a 21% salary increase. An
increase of this nature would be rejected at any time by the
Authority. It must be rejected with even more vigour at a
time of low inflation and at a time when the 1990 Broadcasting
Act has already resulted in a reduction in earnings of #1
million and will continue to reduce earnings by #1 million per
month hereafter.
5. Arising out of the Broadcasting Act, 1990, and from
obligations under previous broadcasting legislation, the
Authority is obliged to operate within its revenue earning
permissions. The Authority is currently forced to embark on a
staff reduction programme resulting in 200 job losses by the
end of 1991. At a time when the entire organisation is
affected by financial cutbacks, efficiencies and cost
reductions are the only alternative to even greater job
losses.
RECOMMENDATION:
5. The Court has considered the written and oral submissions of
the parties and takes the view that grounds do not exist for
concession of the Union's claim for re-grading of the workers
concerned to senior administrative scale.
It is the view of the Court given all the circumstances relating
to the loss of shift the issue should be resolved by the payment
of a lump sum equal to the roster duty allowance (shift) earnings
for each individual in the last 20 months.
The Court has also taken into account the very high level of
overtime worked up to 1989 and the level achieved up to the
present date. R.T.E. has expressed the view that overtime is paid
on an actuality basis and can vary from time to time and will be
available in the future albeit in a reduced form. In respect of
this considerable loss the Court recommends the payment of a lump
sum, individually calculated, based on the average of the last two
years from the date of acceptance of this recommendation less the
actual overtime earned in the twelve months following acceptance
of this recommendation.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
___________________________
23rd November, 1990. Deputy Chairman
A.McG/J.C.