Labour Court Database __________________________________________________________________________________ File Number: CD91539 Case Number: LCR13661 Section / Act: S26(1) Parties: IRISH PRESS NEWSPAPERS LIMITED - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claim by the Union on behalf of part-time copytakers for permanent status and pro-rata conditions of employment.
Recommendation:
5. Having considered the submissions made by the parties, in
light of the Company's submission it seems clear that the status
of the staff as "regular part-time employees" is clear and needs
no further qualification.
The Court further notes that the parties reached direct agreement
on the terms for working on Bank Holidays.
As regards holidays and sick pay the Court recommends that the
terms applicable to full-time copytakers be extended to the
part-time workers on a pro-rata basis.
On the matter of the pension scheme having regard to the legal
status of the scheme the Court recommends that every possible
effort should be made to change the rules to allow the workers
concerned to participate on a pro-rata basis in the benefits of
the scheme.
Division: Mr O'Connell Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91539 RECOMMENDATION NO. LCR13661
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH PRESS NEWSPAPERS LIMITED
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claim by the Union on behalf of part-time copytakers for
permanent status and pro-rata conditions of employment.
BACKGROUND:
2. The claim concerns workers who are employed as part-time
copytakers. They work regular rostered shifts and also provide
cover for public holidays sickness etc. They work an average of
20 hours per week and have no formal contract of employment. The
workers concerned are paid an hourly rate of £7.36. They are
designated as part-time staff by the Company. In 1991 the Union
submitted a claim that the workers be classified as permanent
part-time workers and that they be given pro-rata conditions of
employment in terms of annual leave, sick pay and access to the
pension scheme. Management rejected the claim. The issue was
referred to the Labour Relations Commission in May, 1991.
Conciliation conferences were held on 2nd and 24th September, 1991
but no agreement was reached. The dispute was referred to the
Labour Court by the Labour Relations Commission on the 9th
October, 1991. The Court investigated the dispute on the 26th
November, 1991.
UNION'S ARGUMENTS:
3. 1. The Company has refused to recognise the workers concerned
as permanent employees and consequently the workers and the
Union have been treated less favourably in terms of
negotiations and working conditions. Acceptance by the
Company that the workers are permanent part-time staff would
be beneficial in improving internal relations and
consultation.
2. In Labour Court recommendation 12932 which dealt with
rationalisation throughout the Company the Court recommended
"that the same terms and conditions of employment as apply to
permanent staff should apply to temporary casual staff". The
Union is seeking this arrangement on behalf of the workers
concerned who are neither temporary nor casual but permanent
part-time staff. At conciliation the Company compared the
workers concerned with messengers who receive 3 to 4 weeks
holidays (more than the workers concerned). The Union rejects
this comparison and is claiming pro-rata conditions with full
time copytakers whose work is identical to that performed by
the part-time staff. When full-time copytakers and other
full-time workers go on holidays, the workers concerned fill
in for them on a full-time basis. The only difference between
the two groups are the hours of work and the fact that the
workers concerned work unsocial hours, such as public holidays
or 9 p.m. - 2 a.m. shifts during general elections. The scale
of pay for both groups of copytakers is similar therefore the
remaining conditions should also be linked. The Court has
granted pro-rata conditions to part-time staff on many
occasions, the most recent being L.C.R. 13132 concerning
part-time staff in Dundalk Regional Technical College.
COMPANY'S ARGUMENTS:
4. 1. The Company has repeatedly stated since 1985 that the
copytakers are part-time members of staff, not casual
employees. The Union has been told on many occasions that
there are no plans for redundancies in this area. Any reason
for concern that the copytakers may have has been removed by
the Worker Protection (Regular Part-time employees) Act, 1991.
2. Since 1980 the part-time copytakers have received 3 weeks
paid holidays without any qualification in regard to hours.
These leave provisions are very generous. The Company has
offered to increase this by the same proportion as the
increase recommended in L.C.R. 12932 i.e. 2 days in 1990/91 2
days in 1991/92 and 1 day in 1993. This offer of an extra
week will give the workers concerned 4 weeks holidays which is
very reasonable.
3. The Company's sick pay scheme does not apply to any staff
who are not working full-time (35 hours per week). Following
L.C.R. 12932 it was agreed with another Union that non
permanent staff working full-time hours as long term stand-ins
in the clerical area would be given sick pay. The Company
cannot consider introducing a paid sick leave system for
part-time staff as it would represent a cost throughout the
Company that could not be sustained in light of the current
financial situation.
4. The legally binding Deed of Trust of the Company's Pension
and Life Assurance Scheme refers only to "full-time permanent"
employees of the Company as being "qualifying employees".
Arising from recent legislation in the Pensions Area, the Deed
may have to be increased by the trustees. In this context the
question of the definition of "qualifying employee" may be
reviewed. In the absence of this legal review nothing can
happen. The Company has advised the Union to make
representations directly to the Trustees of the Scheme, which
is a separate legal entity independent of the Company.
RECOMMENDATION:
5. Having considered the submissions made by the parties, in
light of the Company's submission it seems clear that the status
of the staff as "regular part-time employees" is clear and needs
no further qualification.
The Court further notes that the parties reached direct agreement
on the terms for working on Bank Holidays.
As regards holidays and sick pay the Court recommends that the
terms applicable to full-time copytakers be extended to the
part-time workers on a pro-rata basis.
On the matter of the pension scheme having regard to the legal
status of the scheme the Court recommends that every possible
effort should be made to change the rules to allow the workers
concerned to participate on a pro-rata basis in the benefits of
the scheme.
~
Signed on behalf of the Labour Court
John O'Connell
______________________
4th June, 1992. Deputy Chairman
T.O'D/J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.