Labour Court Database __________________________________________________________________________________ File Number: CD93457 Case Number: LCR14308 Section / Act: S26(1) Parties: SUNDAY NEWSPAPERS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union, on behalf of 12 clerical / administrative staff, for payment of the 3% increase under Clause 3 of the programme for Economic and Social Progress (P.E.S.P.).
Recommendation:
The Court, having considered the submissions of the parties
recommends that Management put forward proposals that would meet
the requirement of Clause 3 under P.E.S.P. The Union for its part
should negotiate meaningfully to conclude an agreement which meets
the aspirations of the Company.
Division: Ms Owens Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD93457 RECOMMENDATION NO. LCR14308
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: SUNDAY NEWSPAPERS LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union, on behalf of 12 clerical / administrative
staff, for payment of the 3% increase under Clause 3 of the
programme for Economic and Social Progress (P.E.S.P.).
BACKGROUND:
2. On the 2nd June, 1992 the Union wrote to the Company claiming
payment of the 3% increase provided for under Clause 3 of P.E.S.P.
The Company pleaded inability to pay the increase at local level
discussions and the issue was referred to the Labour Relations
Commission. A conciliation conference was held on the 12th July,
1993 but no agreement was reached. The dispute was referred to
the Labour Court on the 21st July, 1993. A Court hearing was held
on the 15th December, 1993.
UNION'S ARGUMENTS:
3. 1. Clause 3 is an integral part of the P.E.S.P. Many
employers have paid the 3% increase to their workers. There
is an obligation on management to negotiate the increase with
the Union and identify areas where negotiations can take
place. The Union is willing to discuss a modest "quid pro
quo" in return for the 3%.
2. The Company has generated profits over the past number
of years and can afford to pay the 3% increase to the workers
concerned.
COMPANY'S ARGUMENTS:
4. 1. The Newspaper Industry is undergoing a very difficult
period, revenue is diminishing and circulation is falling.
The Company has far less percentage advertising than a few
years ago. The cost of maintaining circulation at a much
diminished level is prohibitive in terms of increased
pagination, supplements and expensive promotions.
2. The Company is not "exceptional" within the parameters
of Clause 3 of P.E.S.P. Management cannot consider paying
the 3% increase unless real cost savings are provided in
return.
3. The workers concerned are well paid with good working
conditions which compare very favourably to larger
newspapers.
RECOMMENDATION:
The Court, having considered the submissions of the parties
recommends that Management put forward proposals that would meet
the requirement of Clause 3 under P.E.S.P. The Union for its part
should negotiate meaningfully to conclude an agreement which meets
the aspirations of the Company.
~
Signed on behalf of the Labour Court
December, 1993. ______________________
T.O'D/A.L. Evelyn Owens
Deputy Chairperson
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.