LCR16559

BACKGROUND:

2. The dispute concerns the implementation of new start/finish times in the print room to facilitate the distribution of the recently launched Irish Examiner. In addition the Company proposes the alteration of production scheduling (details to the Court).

The Union claims that the alteration of production scheduling will affect overtime earning potential for day staff who in the recent past (2 years) have been paid overtime for all work carried out after the completion of the Evening Echo print run. The paper has traditionally operated an incentive finish arrangement whereby staff were entitled to go home when print runs were finished. Night and day staff claim that the new production scheduling arrangements together with the increased workload arising from the launch of the Irish Examiner will decrease the value of the incentive finish. Day staff additionally claim that overtime previously earned within basic shift hours will disappear. Night staff did not enjoy such overtime. The Company also proposes the alteration of start/finish times. Start time of 7.45 am is proposed for the day (Echo) shift from the current start time of 8.15 am Night shift start is proposed for 9.00 pm from the current 9.15 pm The Union claims that, bearing in mind the flexible and alterations of working arrangements over the years which was compensated for through the incentive finish, a realistic compensatory package should be paid which could include such issues as an increase in the basic rate and uplifting of the 10% night shift differential, or a substantial lump sum payment.

In relation to the change of hours the Union claims that workers should have a right to revert to their former starting times on nights 11.00 pm failing this and coupled with the required change proposal on days of starting time of one half hours earlier (Tuesday to Friday inclusive), that an appropriate compensatory payment be made. Local discussions failed to resolve the issues in dispute which were referred to the Labour Relations Commission.




A conciliation conference was held on the 10th April, 2000. A proposal put forward by the Industrial Relations Officer dated 13th April, 2000 which was acceptable to the Company was rejected following a ballot of the workforce. The dispute was referred to the Labour Court by the Labour Relations Commission on the 8th May, 2000. A Court hearing was held in Cork on the 21st June, 2000. At the hearing the Management conceded the Union's claim for the payment of overtime during shift since the Company changes.

UNION'S ARGUMENTS:

3. 1. The pivotal issue relates to the incentive finish with this incentive being formally recognised in Company/Union agreements. Workers finish at the end of the print run on the Evening Echo (days) and Irish Examiner (nights). The basis for this arrangement can be traced to the newspaper industries requirement for staff to meet tight deadlines and this has increased rather than diminished in recent years. To meet those demands staff conceded a range of changes to their hours and practices over the years. The quid pro quo was that staff went home before normal finish time.

2. It was not agreed that those changes, with their attendant increased effort levels, were to be a vehicle for the Company to fill the time with additional publications. If this had been proposed it would have resulted in a claim for productivity. In recent years approaches for increased payments by the Union were rejected by the Company which claimed early finishes as the justification for rejection.

3. Changes to the current agreement must be accompanied by realistic compensation i.e. an increase in the basic rate, an uplifting of the 10% night shift differential, or a lump sum payment.

4. Night Shift Incentive Finish:-
The Company is insisting on having available the full 36 hours production time available. This was done initially on the basis of saying that the Company required to call on 4 hours extra production, with the Management justifying its position arguing that only 20 hours were being worked on nights. This contention on actual hours worked was proven incorrect.

5. The Company produced a production schedule which moved many of the publications traditionally done on days to the night shift. The Company requirement for the full 36 hours working on all shifts and the new schedule will have this effect. This is in contravention of present agreements which clearly establish that production ceases after the Examiner (and Echo) excepting "making ready" in stated circumstances. The Company made a monetary offer which was rejected in a ballot vote.

6. Change of Hours:
In the December 16th 1999 document, the Company sought changes to starting times on nights. Management consistently refused any compensation arguing that staff worked greatly reduced hours.

Taking account of the new marketing strategy, workers agreed interim arrangements regarding new starting times while discussions continued. These accommodations remain in place to this date. With the subsequent discontinuation of an outside contract, a reversion to the former starting times of 11.00 p.m. would be appropriate. The Company is still requiring a start time of 9.15 p.m. on the night shift and up to a 1/2 hour earlier on the day shift. Its compensation offer is inadequate and was rejected.

COMPANY'S ARGUMENTS:

4. 1. The day staff are paid £25,237 per annum to work a 36 hour week exclusive of meal breaks. It was absolutely ludicrous to have, in the first instance, paid staff overtime before the end of the shift. However, it was paid during a time of negotiations on the working hours. The Company wanted to keep relations harmonious and did not want to introduce another issue into already difficult negotiations.

2. Incentive finish is being interpreted by the day staff not as an incentive to go home but as an incentive to trigger overtime, before the end of the shift finish.



3. After payment of overtime before 3.30 pm was stopped, Company representatives had a series of meetings with the GPMU who argued first that the decision was a unilateral one and that they should have been consulted. Management agreed and the Company finally offered a payment of £10,000 to be divided among the staff in the department i.e. approx. £500 per staff member. The offer was rejected.

4. The Company is simply asking the staff to work to 3.30 pm which is part of their basic 36 hour week, before overtime is paid. On top of that, on days where the Company has no work after the Evening Echo run, the staff continue to be free to go home i.e. the incentive remains. This now occurs on Wednesday, Thursday and Saturday. However, the Company reserves the right to keep the staff to 3.30 pm if , in the future, printing has to be done on those days.

To accommodate the new supplements and existing supplements which are an essential part of the "Irish Examiner's core product, and to accommodate earlier printing for its two sister newspapers so that they can be at the newsagents when they open instead of at lunch-time, the Company is asking staff to print after the Irish Examiner, but within their normal 36 hour shift time. Again the Company is simply asking staff to work the hours they are already being paid for.

5. The night staff are being paid £27,500 per year to work a 36 hour week. Currently they are working at most a 26 hour week. As they are working from 9.15 to anytime between 2.30 am and 3.30 am depending on print run and allowing for wash up. The Company need staff to work from 9 pm to 6 am i.e. a 9 hour night inclusive of meal breaks, 4 nights a week. (Night shift operation schedule).

6. It is not as if the staff have never worked their full shift. Up to quite recently, when the staff started their shift at 11 pm they had to wait for the pages until 3 am before the press even started. Now they are up and running within one and a quarter hours of shift start. On top of that the Company has invested heavily in the press in the last few years, most recently £1m spent on automated inking. This means that the press is running much better (fewer web breaks) and faster which means the staff are finishing even earlier.

7. The Company now feels that it is being penalised for the efficiencies which were introduced in the press area. It does recognise the practice in the past of incentive finish and offered staff a payment of £1000 to interpret incentive finish as the end of the production schedule not the end of the Irish Examiner or Evening Echo run.

8. For both the Irish Examiner and Evening Echo shift staff are free to go at the end of the production schedule , even though , this could still be before the end of their shift time. However, to accommodate current printing requirements, a sample production schedule, or one like it, needs to be implemented (details to the Court).

9. The Company reserves the right to change the production schedule as the products or market demands. With the insertion of "Irish" into the Irish Examiner title, it has had a further surge in copies sold therefore more copies of the main product and more supplements will need to be printed now and in the future, and more value added supplements may be needed in the future to keep the Company competitive and to build on the success of the past few years. The Company needs to have the required flexibility from the Press Room staff that it enjoys from other departments in the Company to help protect its future viability.

RECOMMENDATION:

The Court considered the written and oral submissions made by the parties.

In relation to the claim for payment of overtime for the period since the Company changed the arrangements applying to overtime payment during the shift , the Court notes the Company commitment to pay the outstanding monies due to individuals. This should be paid up to the date of issue of this recommendation.

On the broader dispute, the Court is of the view that the proposal by the Labour Relations Commission as outlined in the letter of 13th of April, 2000, forms the best formula for resolution of this dispute.


The Court , therefore, recommends that the employees accept the proposals as outlined in the letter of 13th of April, 2000, with the following modification;

The payment of £2,500 to all day and night shifts permanent personnel who would have enjoyed overtime payments in some circumstances inside the 36-hour shift, be increased to £3,500.



Signed on behalf of the Labour Court



Finbarr Flood

6th July, 2000______________________
TOD/SHChairman



NOTE

Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.