Labour Court Database __________________________________________________________________________________ File Number: CD92557 Case Number: LCR13765 Section / Act: S26(1) Parties: IRISH PRESS NEWSPAPERS LIMITED - and - NATIONAL UNION OF JOURNALISTS |
Dispute concerning the shift arrangements for journalists.
Recommendation:
3. The Court has considered the submissions made by the parties
at the hearing and the detailed report of the assessors appointed
by it with the following terms of reference:-
"To assess and report to the Court on the operation of 4 and
4.5 shift rostering of journalists and to examine in
particular the additional costs both direct and potential, if
any, involved in implementing a 4 shift roster as opposed to
a 4.5 shift roster - in the context of the agreed working
conditions of journalists post LCR12932 and the workload
involved in the production of two daily and one Sunday
newspaper to the standards required by management".
It seems to the Court that the claim by the Union must be judged
upon two major criteria. In the first instance it must be
considered in the context of the financial situation of the Irish
Press Newspapers and secondly considered on its merits as a claim
for an improved condition of employment of journalists.
Having regard to the financial aspect of the case the Court is
aware that whilst major changes in technology and work practices
have been introduced since the issue of LCR12932 in June of 1990,
and plans are currently being put into effect in the hope of
arresting the decline of the Group's titles, the Company is not in
any less critical situation now than it was at that time. The
Court therefore is entirely satisfied that for this, if for no
other reason, an amendment such as that now sought by the Union,
to the rostering system negotiated at that time is unwarranted,
taking account of the actual as well as major potential increase
in costs which would ensue.
But, apart from the financial imperative, the Court in the light
of the information now available to it has major reservations
about the practicability of attempting to apply a rigid rostering
system, as it is understood to apply in industry generally, to the
work of the staff concerned. The attempt to standardise
conditions implicit in the Union's claim, particularly with regard
to the incidence of weekend working is in direct conflict with the
differing staffing requirements of the Group's three titles.
Furthermore, inflexibility within rostering schedules restricts
the ability of management to roster specific individuals with
perhaps specialist knowledge or expertise, at key attendance
times, which vary with the different titles and at different
times, within each title.
It is of course legitimate for editorial staff to aspire to the
same conditions which exist for their colleagues in competitor
Newspapers, but clearly until such time as Irish Press titles are
being published profitably, and market share assured, it would be
in the interest of all concerned that management and Union adopt a
pragmatic approach to working schedules and negotiate working
arrangements based on the requirements of the various papers and
the individual departments within them, within the overall context
of a 35 hour, 5 attendance week.
Pending such agreement, for the reasons set out above, the Court
recommends that the staff concerned reverts to the 5 attendance
4.5 shift roster, without further delay.
Division: Mr O'Connell Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD92557 RECOMMENDATION NO. LCR13765
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 the shift arrangements for journalists.
BACKGROUND:
2. 1. Following an investigation of the above dispute the Court
issued an interim recommendation as follows on 22nd September,
1992:
"Having regard to the fundamental difference between the
Company and the Union on the operation of shift systems
the Court recommends that they agree the appointment of
an assessor to examine the issue in depth and report to
the Court.
The Court further recommends that the parties agree that
the Court, after consultation with them, appoint the
assessor, and set out terms of reference.
In these circumstances the Court in turn would require a
report from the assessor, not later than five weeks from
the date of his appointment, and would undertake to
issue a definitive recommendation within one week
thereafter.
In particular the Court would expect and recommends that
no additional industrial action, be taken for the stated
and specific period to allow the exercise to be carried
out.
Finally, having regard to the shift operation during the
period of assessment, the Court, noting the Company's
view that the unilateral introduction of a nine shift
fortnight is in fact industrial action, and further
noting the N.U.J.'s view to the contrary recommends that
the Company allow the nine shift per fortnight pattern
to operate, and in turn that the N.U.J. not expect
payment for attendance for periods not coming within a
four and one half shift per week pattern - the above
arrangement to be without prejudice to either party's
case being made either to the assessor or the Court.
Depending on the outcome of the exercise the Court as
part of its final Recommendation will determine what, if
any, payments under this heading might fall due".
Following consideration of the interim recommendation the
parties agreed to the appointment by the Court of an external
assessor. The Irish Productivity Centre (I.P.C.) was
appointed by the Court and following an assessment presented
its report. The Court, having considered the report,
recommended as follows:
RECOMMENDATION:
3. The Court has considered the submissions made by the parties
at the hearing and the detailed report of the assessors appointed
by it with the following terms of reference:-
"To assess and report to the Court on the operation of 4 and
4.5 shift rostering of journalists and to examine in
particular the additional costs both direct and potential, if
any, involved in implementing a 4 shift roster as opposed to
a 4.5 shift roster - in the context of the agreed working
conditions of journalists post LCR12932 and the workload
involved in the production of two daily and one Sunday
newspaper to the standards required by management".
It seems to the Court that the claim by the Union must be judged
upon two major criteria. In the first instance it must be
considered in the context of the financial situation of the Irish
Press Newspapers and secondly considered on its merits as a claim
for an improved condition of employment of journalists.
Having regard to the financial aspect of the case the Court is
aware that whilst major changes in technology and work practices
have been introduced since the issue of LCR12932 in June of 1990,
and plans are currently being put into effect in the hope of
arresting the decline of the Group's titles, the Company is not in
any less critical situation now than it was at that time. The
Court therefore is entirely satisfied that for this, if for no
other reason, an amendment such as that now sought by the Union,
to the rostering system negotiated at that time is unwarranted,
taking account of the actual as well as major potential increase
in costs which would ensue.
But, apart from the financial imperative, the Court in the light
of the information now available to it has major reservations
about the practicability of attempting to apply a rigid rostering
system, as it is understood to apply in industry generally, to the
work of the staff concerned. The attempt to standardise
conditions implicit in the Union's claim, particularly with regard
to the incidence of weekend working is in direct conflict with the
differing staffing requirements of the Group's three titles.
Furthermore, inflexibility within rostering schedules restricts
the ability of management to roster specific individuals with
perhaps specialist knowledge or expertise, at key attendance
times, which vary with the different titles and at different
times, within each title.
It is of course legitimate for editorial staff to aspire to the
same conditions which exist for their colleagues in competitor
Newspapers, but clearly until such time as Irish Press titles are
being published profitably, and market share assured, it would be
in the interest of all concerned that management and Union adopt a
pragmatic approach to working schedules and negotiate working
arrangements based on the requirements of the various papers and
the individual departments within them, within the overall context
of a 35 hour, 5 attendance week.
Pending such agreement, for the reasons set out above, the Court
recommends that the staff concerned reverts to the 5 attendance
4.5 shift roster, without further delay.
~
Signed on behalf of the Labour Court
John O'Connell
___________________
3rd December, 1992. Deputy Chairman.
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.