Labour Court Database __________________________________________________________________________________ File Number: CD91304 Case Number: LCR13467 Section / Act: S26(1) Parties: RADIO TELEFIS EIREANN - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;ELECTRICAL TRADES UNION |
Dispute concerning the composition of camera crews.
Recommendation:
6. The Court has studied the submissions made by all the parties
concerned and taken account of the factors emphasised at the
demonstration of the proposed new crewing system.
To refer in the first instance to the fundamental issue of safety
it is clear to the Court that factors which might give rise to
concern on this aspect of the changes are more than adequately
covered by the limitations on the range of the equipment to be
handled by the proposed reduced crewing level. The Court does not
consider that any further delay should arise by reason of this
issue.
The Court has further considered issues raised on behalf in
particular of members of the E.T.U. and the suggested impact of
the proposed changes on possible career prospects of their
members. In order to alleviate this potential disadvantage - it
should be noted that the damage is potential only - the Court
proposes that the Authority should agree to increase the number of
S.A.L. posts open to Technical Operators (Film Electrical) from
three to four. This adjustment should go far to eliminate what
essentially is a disadvantage in statistical terms only.
The mechanism for this will be 3 appointments in the first
instance and 12 months later one stand-by to move up and be
replaced by another electrician
Subject to the above comments and changes the Court recommends
that the terms of R.T.E.s letter of the 21st May, 1991 be accepted
by all concerned and the changes implemented without further
delay.
Having seen the extent of the changes proposed the Court is also
satisfied that the changes are well within the limits intended
under the Crewing to Workload provisions in the Broadcasting in
the 80s Agreements and do not therefore warrant any amendment or
adjustment of the current salary structure. The Court therefore
does not recommend concession of the Union's claim for additional
payments but does recommend that the Authority's offer on grading
be accepted subject to the proviso that the Grade C S.A.L.
operatives who have successfully completed training on camera be
placed on Grade B without the additional conditions attached as in
paragraph 7 of the letter of 21st May, 1991.
The Court also recommends that the parties now commence immediate
discussions on the level of lump sums payment to be made to those
affected by the introduction of the system on the terms set out in
this Recommendation.
In light of the long delay which has occurred in dealing with the
matter the Court will be prepared at the request of either party
to have a further hearing on that particular issue if it is not
settled within four weeks of the issue of this Recommendation.
Division: Mr O'Connell Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD91304 RECOMMENDATION NO. LCR13467
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: RADIO TELEFIS EIREANN
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
ELECTRICAL TRADES UNION
SUBJECT:
1. Dispute concerning the composition of camera crews.
BACKGROUND:
2. The dispute concerns the introduction of new operational
practices and crewing on single camera operations. Heretofore the
film crew consisted of a film cameraperson, film sound operator
and an electrician. With the introduction of new technology
R.T.E. proposes a two person crewing arrangement whereby the
second worker on the single camera crew will carry out sound and
to a certain extent lighting functions, in conjunction with the
cameraperson. Management also proposes that the crew will be
supplemented as required. Training would be given to sound
lighting operators (S.A.L.) to acquire camera skills and to carry
out this function on a substitution basis. Subject to certain
conditions they could achieve a higher grading/salary level.
There is agreement in general between the parties on the two
person crewing arrangements subject to clarification of issues
relating to salary/grading and compensation. The dispute was
referred to the Conciliation Service of the Labour Relations
Commission on the 27th February, 1991. Conciliation conferences
were held on the 8th March, 20th March, 22nd April and 4th June,
1991 but no agreement was reached. The dispute was referred to
the Labour Court by the Labour Relations Commission on the 4th
June, 1991. A Court hearing was held on the 15th July, 1991.
Subsequent to the hearing the E.T.U. by letter dated 31st July,
1991 requested a further hearing to clarify points in relation to
safety, testing of equipment, number of electricians to be offered
S.A.L. posts, and the number of electricians to be trained and
available to provide for "back up service." A second Court
hearing was held on the 9th October, 1991 and on the 15th October,
1991 the Court inspected a demonstration by the workers concerned
of the operation of the proposed new crewing system. A letter
Recommendation issued on the 5th November, 1991.
S.I.P.T.U.'S ARGUMENTS:
3. 1. The sound recordists and film camerapersons will be
required to undertake extra technical training and
familiarisation of the skills and responsibilities that were
formerly assigned to qualified electricians. They will also
have to ensure the safe rigging and derigging of equipment,
again previously the function of electricians. Despite what
R.T.E. says, new technology does not necessarily reduce the
workload, as similar lamps, lampstands and cables will still
have to be used. Current production schedules require that
the highest production standards be achieved in less and less
time. The present three person crew achieved this target and
what is now proposed means that a two person crew will be
required to achieve the same standard in the same time. The
current grading structures in cameras and sound do not take
account of the extra skills and responsibilities that are now
required of the workers concerned. The Union has proposed new
salary scales for sound recordists and film camerapersons in
the light of the extra responsibilities being undertaken by
them.
2. Sound Recordists:
At present the sound recordists/mixers are graded at C +, B,
and B+ level. The existing grade structure does not take
account of the proposed working arrangements and a new unitary
scale should be put in place. This is not a new concept
within R.T.E. It presently exists in many areas where it was
recognised that the duties and responsibilities warranted such
a scale. The Union proposes the following scale, #16,882,
17,294, 17,959, 18,317, 18,867, 19,415, 19,968, 20,468,
20,968, 21,468, 21,968, 22,468. This scale has been drawn up
by taking the existing scales within the area, merging them,
and adding five additional increments of #500 p.a. at the top
of the existing highest salary scale. The additional points
will take account of the expanded role that those at the
maximum of the present scale will take on in the new
situation.
3. Film Camerapersons:
The duties undertaken by the workers concerned in film cameras
are wide and varied (details supplied to the Court). As the
unitary scale already exists in the camera section the Union
suggests that in settlement of the claim being made for taking
on the electrical duties and responsibilities the following
twelve point scale should be introduced:- #17,891, 18,373,
18,859, 19,342, 20,224, 20,566, 21,035, 21,535, 22,035,
22,535, 23,035, 23,535. The placement of workers on the new
scale (this would also apply in the case of sound recordists)
would be done by transferring them to the appropriate point on
the new scale in accordance with the accepted practices in
R.T.E. The two assistant camerapersons take on the full
duties of camerapersons on occasions. They are due payment
for their role. In this event the Union would see them being
placed on the minimum point of the new scale through which
they would progress until they reached the 5th point at which
point, if they have not been appointed as full cameraperson in
the normal way, they will be assessed with a view to
appointment as camerapersons.
4. The changes in single camera crewing, if proceeded with as
outlined, will afford considerable savings to R.T.E. For
example the reduction in the number of electricians on the
road will save the Authority expenditure on travel,
subsistence, provision of transport and in the long term the
salaries of 10-12 electricians who will not be required to
service the needs of camera crews. There are other savings
which will accrue to R.T.E. under the new arrangements. At
present, in addition to the permanent staff, there are at
least 4 freelance camera crews engaged virtually on a
permanent basis by R.T.E. These crews will no longer be
required. It is clear that the level of savings resulting
from the changes will be considerable and in these
circumstances the Union's claim cannot be considered as being
excessive.
E.T.U.'S ARGUMENTS:
4. 1. The new proposed changes in work practices in the area of
film/video operation will permanently reduce the number of
electricians in the area from a current average of 15 down to
a maximum of 5 specialist electricians. Taking account of
natural wastage the number will be reduced to 4 within
eighteen months with a further reduction in numbers in 1996.
The consequences for the Supervisors Grade B in the area and
Grades C+ will be that normal opportunities for promotion and
progression to higher grades will be completely and finally
closed. This will make the present pay scales obsolete and
unrewarding in terms of career prospects. The Union proposes
the restructuring of the current pay scales into two new unity
pay scales, one for Supervisory Grades B and B+, and one for C
and C+ grades, as follows:-
New unity pay scale for New unity pay scale for
existing grades at B & B+ existing grades at C & C+
1 17767 1 15665
2 18317 2 16079
3 18867 3 16477
4 19648 4 16882
5 19968 5 17294
6 20418 6 17959
7 20868 7 18409
8 21318 8 18859
9 21768 9 19309
B graded staff would remain C graded staff would
at point 5 of scale until remain at point 5 of scale
20 years service was until 20 years service
reached was reached.
The new unity pay scale for all existing grades at B and B+
comprises the old B+ grade scale plus 4 increments of #450
totalling #1,800, to take account of service pay at #797 plus
14.75% under P.E.S.P. and the 3% for local bargaining under
P.E.S.P. The new unity pay scale for all existing grades at C
and C+ comprises the old B scale plus 4 increments of #450
totalling #1,800, to account for service pay at #797 plus
14.75% under P.E.S.P. and the 3% for local bargaining under
P.E.S.P.
2. With the introduction of the Authority's proposals for the
introduction of two person crews there will be a loss of 10
posts in the electrician grade. The Union estimates that the
saving to R.T.E. will be #28,000 per annum per job, a total of
#280,000. These substantial savings entitle the workers
concerned to be compensated for job losses and changes in work
practices. The Union suggests the following method as a
vehicle for compensation. In the "Broadcasting in the 80's
Agreement" (details supplied to the Court) the Grade of B+ was
awarded two extra increments of #300 each. This was
applicable to staff with more than three years on the maximum
of the new scale. This payment was in addition to the general
award to other grades. After indexing the last two increments
on the scale the amount involved in this claim is #1,101.
The Union insists that the two increments now amounting to
#1,101 be incorporated in the new unity scales resolving an
eleven year claim by the Grade B Supervisors. The Union is
seeking the final settlement of an old claim for Supervisors
Grade B and salary increase for staff of C+ grade as a
relativity claim. R.T.E.'s conditions of service for
Supervisors Grade B and B+ are equal. The loss of promotional
opportunities entitle the Union to incorporate service pay as
an element of the new unity pay scale. The changes in work
practices entitle the Union to incorporate a 3% increase at
the appropriate point of the new unity scale under the
P.E.S.P. The Union calculates that for remaining staff the
cost to R.T.E. for the new unity scale year one is #10,737.
This is a small sum considering that R.T.E. will save
#280,000, but it would be some compensation for the
introduction of the new proposals on crewing, loss of
promotional opportunities, loss of transfer opportunities etc.
National wastage from year two (2 posts #56,000) will continue
to show a reduction in salary costs in the area, substantially
more than required to service the increase.
3. With regard to the safety of the equipment being
introduced the Union recommends that it be tested by
E.O.L.A.S. for operational safety and not just for electrical
safety. This is particularly important when the equipment is
being used where members of the public are present which
frequently occurs.
4. The Authority's offer to the Union of three positions as
sound lighting operators (S.A.L.) is not acceptable. The
Union is claiming a minimum of five positions given that
electricians are being asked to hand over a considerable
portion of their work to another category.
5. The Union claims that 5 electricians should be trained and
be available for back-up service. A total of 25 lighting kits
will be handed over to S.A.L. operators (15 programme crews
and 10 news crews). This more than justifies the Union's
claim that 5 electricians be trained as S.A.L. operators, and
5 be designated as a pool to provide a back-up service.
R.T.E.'S ARGUMENTS:
5. 1. The Authority concluded agreements with the various unions
representing staff entitled "Development of the Broadcasting
Services in the 1980's". In return for lump sum payments and
increases in excess of 23% agreement was reached on
flexibility, productivity and co-operation with technological
changes. The agreements provided for changes in manning
levels in accordance with the principle of Crewing to
Workload. The Authority is only seeking the implementation of
the provisions of the agreements which have been endorsed by
the Court on a number of occasions.
2. Following the conciliation conference of May, 1991 the
Authority set out its proposals in a letter to the Unions
dated 21st May, 1991 in relation to crewing arrangements sound
lighting, operational practices, safety, training and grading
(Appendix A refers). In its proposals R.T.E. has put forward
a realistic career path for S.A.L. operators not just in terms
of the sound lighting function and in terms of opportunities
for camerawork. No employee who is involved in these changes
is being placed at any disadvantage by the proposals. On the
contrary they will be given opportunities to enhance their
personal skills, broaden career prospects and improve their
grading/salary. The R.T.E. proposals are fully in accordance
with the agreed grading/salary structures with both unions.
In essence the Authority is seeking to resolve this dispute in
accordance with agreed salary/grading criteria. The R.T.E.
proposals are fully in accordance with well established norms
in broadcasting generally. In some areas of television, news
in particular, the one person crew has become the norm
internationally.
4. At the final conciliation conference held on the 4th June,
1991 R.T.E. modified its earlier proposals. Firstly the
Authority proposed the introduction of a specified quota of B
Grade Posts for sound/lighting operators. Similar agreed
quota systems exist in other areas of the organisation. They
have worked well over the years and have provided a mechanism
whereby aspirations in terms of grading/salary can be attained
over a period of time. Secondly R.T.E. proposed lump sum
payments to other staff directly involved i.e. camerapersons,
existing Grade B sound operators and supervisor (Film and
O.B.) electricians. R.T.E. stated its willingness to engage
in discussions along these lines but this was rejected by the
Unions.
5. The developments giving rise to the dispute must be seen
against the background of massive changes in technology and a
financial crisis in the organisation. Since discussions
commenced in 1989 independent local and national radio have
become a reality. The Broadcasting Act, 1990 reduced the
amount of advertising time available to R.T.E. and further
linked total advertising revenue to the licence fee. The net
effect of these changes has been to reduce R.T.E.s
broadcasting income by #12 million in the current financial
year. The proposed changes are urgent, necessary and
realistic and in accordance with agreements. R.T.E. cannot
sustain current working practices. They are simply out of
place in modern broadcasting. The Authority has put forward a
set of realistic and reasonable proposes and asks the Court to
endorse them.
RECOMMENDATION:
6. The Court has studied the submissions made by all the parties
concerned and taken account of the factors emphasised at the
demonstration of the proposed new crewing system.
To refer in the first instance to the fundamental issue of safety
it is clear to the Court that factors which might give rise to
concern on this aspect of the changes are more than adequately
covered by the limitations on the range of the equipment to be
handled by the proposed reduced crewing level. The Court does not
consider that any further delay should arise by reason of this
issue.
The Court has further considered issues raised on behalf in
particular of members of the E.T.U. and the suggested impact of
the proposed changes on possible career prospects of their
members. In order to alleviate this potential disadvantage - it
should be noted that the damage is potential only - the Court
proposes that the Authority should agree to increase the number of
S.A.L. posts open to Technical Operators (Film Electrical) from
three to four. This adjustment should go far to eliminate what
essentially is a disadvantage in statistical terms only.
The mechanism for this will be 3 appointments in the first
instance and 12 months later one stand-by to move up and be
replaced by another electrician
Subject to the above comments and changes the Court recommends
that the terms of R.T.E.s letter of the 21st May, 1991 be accepted
by all concerned and the changes implemented without further
delay.
Having seen the extent of the changes proposed the Court is also
satisfied that the changes are well within the limits intended
under the Crewing to Workload provisions in the Broadcasting in
the 80s Agreements and do not therefore warrant any amendment or
adjustment of the current salary structure. The Court therefore
does not recommend concession of the Union's claim for additional
payments but does recommend that the Authority's offer on grading
be accepted subject to the proviso that the Grade C S.A.L.
operatives who have successfully completed training on camera be
placed on Grade B without the additional conditions attached as in
paragraph 7 of the letter of 21st May, 1991.
The Court also recommends that the parties now commence immediate
discussions on the level of lump sums payment to be made to those
affected by the introduction of the system on the terms set out in
this Recommendation.
In light of the long delay which has occurred in dealing with the
matter the Court will be prepared at the request of either party
to have a further hearing on that particular issue if it is not
settled within four weeks of the issue of this Recommendation.
~
Signed on behalf of the Labour Court
John O'Connell
__________________
11th November, 1991 Deputy Chairman
T.O'D./J.C.
APPENDIX A
21st May, 1991.
Mr. T. Gormley,
Secretary TUG,
RTE TUG Office.
_______________
Re: ENG/EFP Camera Crewing
Dear Mr. Gormley,
We refer to our recent Conciliation Conference and our undertaking
to write setting out our position. This we now do and we have
amended our previous position on various specific points to take
account of our discussions.
Before dealing with the specific points, we wish to restress a
number of general points in relation to our proposals. In all our
interests, crewing levels must change as a matter of urgency.
That being said we recognise the need to provide outlets and
develop opportunities for staff affected by inevitable change,
recognising at the same time their existing skills and craft.
Regarding the specific points discussed the position is as
follows.
1. Crewing Arrangements
Crewing will be on the basis of "Crewing to Workload" and all
crewing arrangements will conform with this agreed principle.
So far as two person crews are concerned the following will
apply:
The two person crew will become the norm for all single camera
operation across the spectrum of News and Programmes.
Camerapersons will have primary responsibility for the camera
operation/function and all duties currently performed by the
cameraperson.
The operation of the lighting kit will be shared between the
cameraperson and the second crew member.
2. Sound Lighting
All existing Sound Recordists will carry out the
sound/lighting function. In making the initial appointments
to the current vacancies, 3 posts, preference will be given to
Technical Operators (Film Electrical).
3. Operational Practices
In relation to operational practice the following will apply
in relation to the 2nd crew member.
(1) Current B and B+ grade Sound Recordists will, in addition
to the duties specified in 2 above, be liable to carry
out sound duties at the higher levels.
(2) As provided for in 2 above the second crew member will
carry out both the sound and lighting functions.
4. Safety
R.T.E. fully recognises it's obligations including statutory
duties, to provide a safe system of work for it's staff. To
this end, it is agreed that the following shall be done.
(1) A unit of the proposed kit will be sent to Eolas for
examination and testing as to electrical safety.
(2) Training and familiarisation will be given to all
non-electrician members of crews as to the appropriate
operational practices to be employed, having particular
regard for safety.
(3) All kits will be subject to regular maintenance. Safety
logs will be kept and available for regular inspection.
(4) Where a qualified Electrician is not present, the load of
the lighting kit will not be beyond the recommended load
for standard domestic mains (one 13 amp socket).
(5) Alterations to electric cables and connections will only
be carried out by qualified electricians.
(6) Crews will only be required to deal with standard mains
outlets (S.D.1).
5. Training/Familiarisation
Current Sound Recordists will be given training/familiarisation in
lighting/electrical operations. This training/familiarisation will
have particular regard to safety.
Current B grades Sound Recordists who require it will be given
training/familiarisation in camera operations.
A number of Sound/Lighting Operators will be given
training/famliarisation in the camera operations/functions.
Having completed their training/familiarisation they will
substitute for camerapersons and operate as such when
required.
6. Lighting Kit
Each two man crew will be issued with and operate the
following lighting kit:
(a) 3 x 650 watts and 1 HMI
or
(b) 2 x 800 watts and 1 HMI
7. Grading
Sound/lighting operators who in accordance with para 5 have
carried out the camera function at a significant level over a
sustained period will be assessed as to the suitability for
progress to B grade.
In relation to a number of other specific points which were
raised, we wish to confirm the following:
(1) While the two person crew will be the norm crew members will
be increased according to workload to meet the demands of
given situations.
(2) With regard to the maintenance of a pool of electricians for
use on single camera operations, it would appear that with the
present schedule up to 3 staff in this area could be
justified.
(3) 3 Technical Operators (film electrical) will be assigned as
Sound/Lighting Operators.
The above represents a comprehensive statement of the R.T.E.
position which is the result of long and exhaustive discussions
over many months. As stated previously, the above proposals
require implementation and we now give you formal notice that we
intend implementing them in the week beginning 3rd June, 1991.
Yours sincerely,