Labour Court Database __________________________________________________________________________________ File Number: CD95169 Case Number: LCR14732 Section / Act: S26(1) Parties: SUNDAY NEWSPAPERS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the Saturday night manning by permanent staff.
Recommendation:
Having considered the submissions by the parties to the dispute
and having regard to the arguments made at the hearing, the Court
recommends:-
(a) that the current practice by management in relation to
inserts, all types, continue for a limited period of six
months.
(b) that during that period the parties negotiate, within the
existing Company grievance procedures, a new agreement on the
issue which would be acceptable to both parties.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD95169 RECOMMENDATION NO. LCR14732
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. Dispute concerning the Saturday night manning by permanent
staff.
BACKGROUND:
2. 1. The Company publishes the Sunday World, the Farmer's
Journal, the Daily Express and The Star. The dispute
relates to 14 workers in the mail room and concerns the
use of casual workers for Saturday night work which, the
Union claims, should first be offered to permanent
workers. There are 5 casual workers employed in the
mailroom.
2. In February, 1991, the parties signed an Intersetting
Agreement which allowed the Company to use a 50/50
permanent/casual manning breakdown when a commercial
pre-printed insert was required for the newspaper. A
dispute arose when the Company used the terms of the
agreement for the insertion of pre-printed supplements
in the Sunday World.
3. The Union claims that the agreement applies to
pre-printed inserts (details supplied) and not to the
production of the newspaper in general. The dispute
was referred to the Labour Relations Commission and
conciliation conferences took place on 18th November,
12994 and 20th January, 1995.
4. On 27th February, 1995, the dispute was referred to the
Labour Court under the terms of Section 26(1) of the
Industrial Relations Act, 1990. The Court investigated
the dispute on 4th April, 1995.
UNION'S ARGUMENTS:
3. 1. There is no agreement covering the use of casual staff
for the production of the Sunday World. Any additional
workers required to deal with increased pages must come
from the permanent staff in the first instance. The
Company has admitted that it has no agreement to use
casual staff in this way. Any change in the status quo
should be processed through the grievance procedures.
2. Every Saturday night 7 permanent workers are not
rostered. Some of them are prepared to work overtime.
Permanent staff are employed by all other newspaper
companies in Ireland for this work. The Company has an
unfair advantage over its competitors because of this.
The Company is profitable.
COMPANY'S ARGUMENTS:
4. 1. Operation of the inserting drum on Saturday night
involves a mixture of permanent and casual operatives.
The Company has honoured the Intersetting Agreement in
regard to manning levels whether it is for a commercial
insert, a pre-printed section or a combination of both.
During 1994, between Friday and Saturday nights,
permanent staff were paid #69,226 overtime. Casual
workers were paid #19,971 for Saturday nights.
2. The permanent workers are now claiming all the overtime
work available on Saturday nights. Concession of the
Union's claim would cost #43,000 per annum. In those
circumstances, a decision to discontinue the regular
pre-print would have to be considered. This would lead
to declining sales and redundancies.
RECOMMENDATION:
Having considered the submissions by the parties to the dispute
and having regard to the arguments made at the hearing, the Court
recommends:-
(a) that the current practice by management in relation to
inserts, all types, continue for a limited period of six
months.
(b) that during that period the parties negotiate, within the
existing Company grievance procedures, a new agreement on the
issue which would be acceptable to both parties.
~
Signed on behalf of the Labour Court
14th April, 1995 Evelyn Owens
J.F./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.