Labour Court Database __________________________________________________________________________________ File Number: CD94556 Case Number: AD9487 Section / Act: S13(9) Parties: CURIOSITY PRODUCTIONS LIMITED - and - TECHNICAL ENGINEERING AND ELECTRICAL UNION |
Appeal by the Company against Rights Commissioner's recommendation No. BC176/94.
Recommendation:
Having considered the submissions of the parties to the appeal the
Court has come to the conclusion that it should uphold the Rights
Commissioner's recommendation.
However, it is of the view that it would be in the interest of the
industry and those employed in it that a revised agreement in
relation to holiday credits be reached.
The Court accordingly decides that the appeal be rejected.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD94556 APPEAL DECISION NO. AD8794
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
CURIOSITY PRODUCTIONS LIMITED
AND
TECHNICAL ENGINEERING AND ELECTRICAL UNION
SUBJECT:
1. Appeal by the Company against Rights Commissioner's
recommendation No. BC176/94.
BACKGROUND:
2. The dispute concerns seven electricians who were employed by
the Company during the making of the film "The Old Curiosity
Shop" at Ardmore Studios, Bray. Prior to commencement of the
film, agreement was reached between the parties on the
electricians' wage rates, hours of work and overtime rates.
Calculation of holiday credits payment was not agreed but is
traditionally 4/52 of gross weekly pay. Holiday credits are
paid to a film crew in return for their not taking holidays
during film production. When filming was completed the
Company proposed to pay the workers concerned holiday credits
based on a week's basic pay. The Union rejected the
Company's proposal. The dispute was referred to a Rights
Commissioner for investigation and recommendation. On the
7th September, 1994 the Rights Commissioner issued his
recommendation as follows:
"In the light of the above I find that although
sympathetic to the Employer's position I must uphold
the status quo which the TEEU members have enjoyed
since, if not before 1988. Therefore in this instance
the holiday credits should be calculated as on the basis
of 4/52 of the gross pay. I note that both parties
indicated to me at the outset of my investigation that
they would accept as binding my recommendation".
On the 14th of October, 1994 the Company appealed the Rights
Commissioner's Recommendation to the Labour Court. The Court
heard the appeal on the 5th of December, 1994.
COMPANY'S ARGUMENTS:
3. 1. All other technicians who were involved with the film
were paid at the rate of 4/52 of their basic salaries.
The Company feels that it is fair and equitable to pay
the electricians on the same basis. There is already an
agreement in existence with the largest Union in the
business and also with Unions representing plasterers,
carpenters, painters etc whereby workers are paid
holiday credits at 4/52 of basic pay. The Company sees
no reason why electricians should be treated differently
to other workers on the unit.
2. The Rights Commissioner's recommendation which was
issued in 1989 was made in respect of a small film
company whose management had left Ireland and in all
probability did not pay the additional monies awarded.
The electricians are the only workers in the film
industry still seeking this payment.
3. The film industry in Ireland is very small. It is
difficult to attract film makers and create a
competitive climate to make films which are reasonably
priced.
4. Management is consistent in its approach in paying all
its workers in an equitable manner.
UNION'S ARGUMENTS:
4. 1. In order that production of the film would not be held
up it was agreed to refer the issue of holiday credits
to the Rights Commissioner. This is the normal practice
in the film industry and also the norm in the industry
to agree to be bound by the Rights Commissioner's
findings. This is essential as most production
companies set up for a particular time, then go out of
existence or leave the State's jurisdiction. There is
no time to go into the normal lengthy disputes
procedure. This Company's departure from normal
procedure has implications for the settling of future
disputes and may delay or disrupt productions. This
would be a retrograde step.
2. The Union accepts the Rights Commissioner's
recommendation which reiterates that 4/52 of gross pay
per week is the traditional method of calculating
holiday credits. In a previous dispute in 1989, a
Rights Commissioner also recommended 4/52 of gross pay.
This had been the norm prior to 1989 and has obtained
ever since.
3. While the largest Union in the industry agreed to modify
the position relating to holiday credits in 1991 the
TEEU has no agreement with management. In the absence
of any such agreement the norm of 4/52 of gross weekly
pay must be upheld. In the context of the overall
financial budget for the film the payment is
insignificant. It is unfair of the Company to demand a
reduction in holiday credit payments. This will worsen
the workers' conditions of employment.
DECISION:
Having considered the submissions of the parties to the appeal the
Court has come to the conclusion that it should uphold the Rights
Commissioner's recommendation.
However, it is of the view that it would be in the interest of the
industry and those employed in it that a revised agreement in
relation to holiday credits be reached.
The Court accordingly decides that the appeal be rejected.
~
Signed on behalf of the Labour Court
13th December, 1994 Evelyn Owens
T.O'D./D.T. ____________
Chairman