Labour Court Database __________________________________________________________________________________ File Number: CD93627 Case Number: LCR14335 Section / Act: S26(1) Parties: ADELPHI - CARLTON CINEMAS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning three issues: - i) Rates of pay ii) Hours of work for part-time workers iii) Holiday cover for projectionists.
Recommendation:
The Court has fully considered the representations made by the
parties and recommends as follows:
(i) Pay:
The Court does not recommend concession of the claim
of the Union.
(ii) Hours of Work for Part-Time Workers:
The Court notes the undertaking of the Company to look
favourably at the situation where part-time staff
previously working 3 days are now required to work
over 4 days.
(iii) Holiday cover for Projectionists:
The Court does not concede the claim of the Union.
The Court has, in the interests of resolving the
dispute between the parties, given consideration to
consolidating a portion of the fees paid to
projectionists for pension purposes.
Accordingly, the Court recommends that the #7.70
holiday cover fee be consolidated in pay for the
purpose of pension entitlements and that the Company
and the Union give consideration to the feasibility
of consolidating the maintenance fee for pension
purposes at a future date.
The Court so recommends.
~
Signed on behalf of the Labour Court
4th February, 1994 Tom McGrath
M.K./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should by addressed to
Mr. Michael Keegan, Court Secretary.
Division: MrMcGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD93627 RECOMMENDATION NO. LCR14335
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: ADELPHI - CARLTON CINEMAS
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning three issues: -
i) Rates of pay
ii) Hours of work for part-time workers
iii) Holiday cover for projectionists.
BACKGROUND:
2. The Company operates the Adelphi and Carlton cinemas in
Dublin city centre. Its staff of 61 comprises 40 full-time and 21
part-time workers, and includes projectionists, ushers, cleaners,
administrators and managers. In May, 1992, following increased
competition from the new multiplex cinemas in Tallaght, Coolock
and Santry, the Company sought the implementation of a survival
plan which was rejected by the staff. The dispute was referred to
the Labour Court and Recommendation No. LCR13717 issued. The
Court recommended that a concession of 3% should be made under
Clause 3 of the Programme for Economic and Social Progress
(P.E.S.P.) in respect of the rationalisation programme, and that
"the staff accept the application of the P.E.S.P. limitations
subject to notice of their intention to process the claim further
when the future of the employment is more settled". On this
basis, the Union is seeking concessions from the Company, as
follows:-
i) PAY - A 10% increase in basic pay for all workers;
the Company rejected the claim, stating that a 3%
increase was sufficient compensation for concessions
made by the workforce.
ii) HOURS FOR PART-TIME WORKERS - An increase in hours
from 19 to 24 per week. The Company claim that at
times of a heavy workload, extra part-time staff are
employed.
iii) HOLIDAY COVER FOR PROJECTIONISTS - An increase in the
fee paid for covering for colleagues on holidays. At
present the fee amounts to (#7.70 per week).
The dispute was referred to the Labour Relations Commission and a
conciliation conference was held on the 4th of October, 1993, at
which agreement was not reached. The dispute was referred to the
Labour Court on the 9th of November, 1993, in accordance with
Section 26(1) of the Industrial Relations Act, 1990. The Court
investigated the dispute on the 3rd of December, 1993.
UNION'S ARGUMENTS:
3. PAY INCREASE:-
1. Since September, 1993, the quality of films shown in the
Adelphi - Carlton group has improved considerably.
"Jurassic Park", "The Firm", and "The Fugitive" have all
been successful films for the Company. The monopoly
distribution system which existed previously has also
broken down, so that there is no danger of similarly
poor trading conditions in the future. The Company
should, therefore, have sufficient resources to meet the
workers reasonable demands.
2. While the Company has argued that the business is on its
last legs, its parent Company, MGM SE Cinemas Limited,
registered in London but operating from the offices of
the Adelphi - Carlton Group, is investing #15m. in
deloping a new cinema complex in Parnell Street, a
few hundred yards from the Carlton Cinema. This is
hardly the action of a Company which does not believe in
the future of the business.
HOURS FOR PART-TIME WORKERS:-
1. Part-time workers in different areas of the cinemas work
according to different rosters. Part-timers in the
Kiosks and Cash Boxes, for example, work 24 hours per
week, while part-time usherettes work a 19-hour week.
Prior to the rationalisation agreement, this 19 hours
was spread over 3 days; since rationalisation, it has
been spread over 4 days. The increase awarded under
LCR13717 (#2.20 per week) does not even compensate the
workers for the extra expenses, in bus fares etc.,
involved in attending for work one more day in the week.
Workers' hours should be re-scheduled so that the
part-time usherettes need only attend on three days per
week, or be increased from 19 to 24 per week over four
days. Alternatively, a special payment should be made
which would take account of these workers' particular
conditions.
HOLIDAY COVER FOR PROJECTIONISTS:-
1. With the implementation of the rationalisation in 1992,
the projection staff was reduced to four. For each
annual-leave day taken by each projectionist, a
colleague must sacrifice a day off to provide cover. An
annual allowance of #400 per projectionist is paid for
this holiday cover liability. This amount is
insufficient to reflect the amount of work involved; in
effect, each projectionist must work 25 extra days per
annum to cover the 25-day annual-leave entitlement. The
fee is therefore equivalent to #16 for an 8-hour day.
The workers' grievance could be dealt with by increasing
the holiday cover fee to reflect the fact that it is
intended to compensate for 25 days' work. More
importantly, the workers wish to move away the
"fee-paying" approach with a view to having the payment
incorporated into their basic wages.
COMPANY'S ARGUMENTS:
4. PAY INCREASE:-
1. The 3% increase under Clause 3 of the P.E.S.P. together
with the further concessions (details supplied) granted
subsequent to the Labour Court Recommendation, have more
than adequately compensated staff for any concessions
made by them. The reduction achieved in manning has
been more than offset by the decline in business and
because of the very adverse trading conditions now being
experienced, the Company cannot afford any further
increases in wage costs (details supplied to the Court).
The Company currently pays rates of pay which compare
well with rates paid by competitors. Differentials which
exist between various city centre cinemas are based on
historic factors and changes in work-practice and
productivity.
HOURS OF WORK FOR PART-TIME WORKERS:-
1. In practically all cases, part-time workers received
redundancy or compensation for changes to new working
conditions. This position cannot be reversed.
HOLIDAY COVER FOR PROJECTIONISTS:-
1. During the negotiations leading to the agreement of the
rationalisation plan adopted last year, the operators
were offered a roster which did not require the working
of overtime during holiday periods. They opted in
favour of a roster drawn up by themselves, plus #400 per
worker, per annum. It should also be noted that the
agreement that operators cover their own holidays is
long-standing, dating back to 1976, when their working
week of 40 hours was reduced to 35 hours (70 hours over
two weeks) to cover, among other things, their own
holidays.
2. In place of what was formerly overtime, a fee-system was
also agreed in 1976. It has been proposed that these
fees should be rolled up into the wage rate or be
included for the calculation of pension entitlement. The
concession of this claim would increase the Company's
pension costs and could lead to similar types of claims
from other sections. It would be unreasonable to expect
the Company to fund for pensions for an amount over and
above the basic pay.
3. The wage savings in the Projection Boxes have been split
approximately 50/50 between the Company and staff which
is considered to be reasonable against the background of
the poor trading experienced by the Company over an
extended period, a situation which will continue right
through 1994.
RECOMMENDATION:
The Court has fully considered the representations made by the
parties and recommends as follows:
(i) Pay:
The Court does not recommend concession of the claim
of the Union.
(ii) Hours of Work for Part-Time Workers:
The Court notes the undertaking of the Company to look
favourably at the situation where part-time staff
previously working 3 days are now required to work
over 4 days.
(iii) Holiday cover for Projectionists:
The Court does not concede the claim of the Union.
The Court has, in the interests of resolving the
dispute between the parties, given consideration to
consolidating a portion of the fees paid to
projectionists for pension purposes.
Accordingly, the Court recommends that the #7.70
holiday cover fee be consolidated in pay for the
purpose of pension entitlements and that the Company
and the Union give consideration to the feasibility
of consolidating the maintenance fee for pension
purposes at a future date.
The Court so recommends.
~
Signed on behalf of the Labour Court
4th February, 1994 Tom McGrath
M.K./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should by addressed to
Mr. Michael Keegan, Court Secretary.