Labour Court Database __________________________________________________________________________________ File Number: CD94644 Case Number: LCR14667 Section / Act: S26(1) Parties: IRISH PRESS NEWSPAPERS LIMITED - and - NATIONAL UNION OF JOURNALISTS |
Dispute concerning a claim for an increase in journalists' expenses.
Recommendation:
5. Having considered the submissions from the parties, the Court
is satisfied that the claim for the implementation of the rates in
the D.N.M.C. is well-founded. However, taking into account the
present position of the Company, the Court recommends that the
parties meet to negotiate on the position taking into
consideration the special circumstances of the Company.
Division: Ms Owens Mr Pierce Mr Rorke
Text of Document__________________________________________________________________
CD94644 RECOMMENDATION NO. LCR14667
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH PRESS NEWSPAPERS LIMITED
and
NATIONAL UNION OF JOURNALISTS
SUBJECT:
1. Dispute concerning a claim for an increase in journalists'
expenses.
BACKGROUND:
2. 1. The Company re-pays expenses based on agreed rates for
the workers' various assignments or on receipts. This
applies to accommodation and meals. If no receipts are
forthcoming then agreed rates apply. The Union claims
that the Company's rates be brought into line with those
applying in newspaper companies covered by agreements
operated through the Dublin Newspaper Managers'
Committee (D.N.M.C).
2. The dispute was referred to the Labour Relations
Commission and conciliation conferences were held on
21st July and 30th August, 1994. No progress was
possible and the dispute was referred to the Labour
Court on 9th November, 1994 under Section 26(1) of the
Industrial Relations Act, 1990. A Labour Court
investigation took place on 16th January, 1994.
UNION'S ARGUMENTS:
3. 1. The Union's house agreement provides that expenses be
paid in accordance with the D.N.M.C. Agreement. The
current rate of expenses paid by the Company are the
1986 D.N.M.C. rates. It is intolerable to the workers
that there has been no increase to the rates for the
last 9 years.
2. The workers prefer to operate on a fixed allowance
rather than a receipts basis. The workers feel that if
they were to continuously operate on the basis of
receipts they could face non-selection for country
assignments.
COMPANY'S ARGUMENTS:
4. 1. The Company has not been a member of the D.N.M.C. since
1986 and it is unrealistic to expect the Company to pay
expenses as per the D.N.M.C. rates. In any event,
clause 13 of the house agreement allows the Company to
set rates taking account of its own circumstances.
2. There is no justification for any increase in expenses
as the Company does and will pay on receipts. The
Company cannot afford any increases in its rates as it
is struggling to survive and recently secured a short
term loan to secure the immediate survival of the
Company. In those circumstances, all cost increasing
claims must be rejected by the Company.
RECOMMENDATION:
5. Having considered the submissions from the parties, the Court
is satisfied that the claim for the implementation of the rates in
the D.N.M.C. is well-founded. However, taking into account the
present position of the Company, the Court recommends that the
parties meet to negotiate on the position taking into
consideration the special circumstances of the Company.
~
Signed on behalf of the Labour Court
Evelyn Owens
24th January, 1995 ____________
J.F/U.S. Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr Jerme Forde, Court Secretary.