Labour Court Database __________________________________________________________________________________ File Number: CD91654 Case Number: LCR13528 Section / Act: S26(4) Parties: IRISH PRESS NEWSPAPERS LIMITED - and - ELECTRICAL TRADES UNION |
Claim by the Union for compensation for working a new roster and payment for shifts worked under protest in the interim.
Recommendation:
3. The Court has considered the submissions made by the parties.
On the principle issue of the application of the Supplemental
Agreement the Court has come to the conclusion that the proposed
reduction in the electrical section from 6 to 5 is not operable
and recommends that the Company revert to the staffing of six
electricians in the Section. On this basis the previous working
and shift arrangements as modified by the Supplemental Agreement
should be accepted in full by the Union.
Pending the recruitment of the additional electrician and with
effect from the 29th November the payment for lieu shifts will be
at overtime rates.
Division: Mr O'Connell Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91654 RECOMMENDATION NO. LCR13528
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(4), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH PRESS NEWSPAPERS LIMITED
and
ELECTRICAL TRADES UNION
SUBJECT:
1. Claim by the Union for compensation for working a new roster
and payment for shifts worked under protest in the interim.
BACKGROUND:
2. Labour Court Recommendation No. 12932 which dealt with major
rationalisation in the Company, recommended that the rate of pay
for electricians be brought into line with the fitters and that
the Supplemental Agreement (which was produced after numerous
discussions between Management, I.C.T.U. and the Unions in the
Company) be accepted. This Agreement provided for a reduction in
staff from 6 to 5 electricians. The Company adjusted the
electricians rate of pay in September, 1990. In February, 1991
one of the electricians was promoted. This reduced the electrical
department to 5 electricians plus 1 overseer, the level agreed in
the Supplemental Agreement. In return for operating the new
roster the Union sought compensation on the grounds that the
workers concerned had to work a substantially increased number of
unsocial hours. Management rejected the claim. The issue was
referred to the Labour Relations Commission and a conciliation
conference was held on the 29th November, 1991. It was agreed
between the parties that the Union would provide cover under
protest while the issue of compensation would be referred to the
Labour Court. The Court investigated the dispute on the 14th
January, 1992. A letter recommendation issued on the 15th
January, 1992.
UNION'S ARGUMENTS:
3. 1. In February, 1991 the staff compliment of shift
electricians was reduced from 6 to 5. This created a
shortfall in manning. The Company rejected the roster
proposed by the Union (details supplied to the Court). In the
absence of an agreed roster an interim arrangement was made to
cover any shortfall that would occur on an overtime basis.
The shortfall occurred on night and weekend shifts when these
shifts were not manned.
2. In September, 1991 the Company stated that the proposed
union roster was acceptable. The Union claimed that since the
new roster meant an increase in the proportion of night and
weekend duties and a decrease in day duties compensation was
warranted in respect of the change. Management rejected the
claim. In November, 1991 the Company ceased paying overtime
for the shifts worked as a result of the shortfall.
Subsequently the Unon stopped providing cover for the disputed
shifts.
3. The Union's claim is justified on the basis that the
reduction in manning from 6 to 5 electricians has meant a
substantial increase in the amount of unsocial hours worked by
the workers concerned. When the manning level was 6 the
roster was divided into 50% days and 50% nights. The
implementation of the new roster has meant that the workers
now operate 33 1/3% on days and 66 2/3% on nights. This is an
increase of 16.7% in unsocial hours attendance. The Union is
claiming compensation for the change or alternatively that the
staffing in the electrical section be increased to 6
electricians.
COMPANY'S ARGUMENTS:
4. 1. The Supplemental Agreement, L.C.R. 12932 and the
I.C.T.U./Company Agreement provided for the introduction of a
5 attendance 5 shift week for all staff including the workers
concerned. The Agreement of 19th July, 1990 provided for
flexibility in the rostering arrangements in the maintenance
area. The 5 man roster at present being worked is very much
in this spirit.
2. No workers in the Company's employment were paid for the
change from a 4 shift to a 5 shift week and there can be no
question of the Company making a payment in this instance.
The Company recognised that the new roster requires greater
night and weekend attendance but this problem is one which has
been faced by all sections of the staff who moved to a 5
attendance week in September, 1990.
3. The trading position of Irish Press Newspapers Limited is
critical and significant losses have been incurred for the
last three years. This year will be an extremely difficult
one as there is a major downturn in advertising and
circulation in all newspapers. Cost increases of any nature
cannot be sustained and the present claim if conceded could
lead to repercussive claims from other groups.
RECOMMENDATION:
3. The Court has considered the submissions made by the parties.
On the principle issue of the application of the Supplemental
Agreement the Court has come to the conclusion that the proposed
reduction in the electrical section from 6 to 5 is not operable
and recommends that the Company revert to the staffing of six
electricians in the Section. On this basis the previous working
and shift arrangements as modified by the Supplemental Agreement
should be accepted in full by the Union.
Pending the recruitment of the additional electrician and with
effect from the 29th November the payment for lieu shifts will be
at overtime rates.
~
Signed on behalf of the Labour Court
John O'Connell
____________________
24th January, 1992 Deputy Chairman.
T.O'D./J.C.