FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : INDEPENDENT NEWSPAPERS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Company's right to re-deploy staff.
BACKGROUND:
2. The dispute concerns the failure of the parties to reach agreement on the Company's proposal to place a number of permanent ex-production staff in clerical positions. Following the conclusion of negotiations with Unions involved in the relocation of the Company's print operations to Citywest, the Company advised the Union in May, 2000, of the need to re-deploy 10 workers as it did not have posts for all current production staff at Citywest. The Company also maintains that Clause 27 of the House Agreement allows for re-deployment as operational needs require. The Union does not accept the Company's interpretation. At local level discussions, the Union indicated its willingness to accept the redeployments subject to the Company's concession of the following claim:
1. Fix the number of temporary staff in Telesales.
2. Place all temporaries on the appropriate scale.
3. Reinstate the night differential in Telesales (10%).
4. Casual copy takers and temporary Telesales staff working on Sunday to be paid premium rate.
5. Any vacancies over Grade 2 occurring within three years of agreement being reached to only be filled by applicants from current clerical staff. Subsequent vacancies created by such change to be filled by re-deployed staff.
6. Minimum grade 3 or 4 to apply in areas where there are redeployed staff and the current staff are graded 1 or 2.
7. Redeployed staff not to disturb existing holiday lists and to be placed behind existing staff.
8. Introduction of job sharing, SAYE share scheme and profit sharing scheme.
9. Extra week's annual leave for permanent staff with pro-rata for temporary staff.
10. Pension Indexation.
The Union's claim was rejected by the Company. The dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 2nd of April, 2001. It was adjourned to allow for further local discussions, at which agreement was reached on a number of re-deployees undergoing training on clerical duties, pending the resolution of the dispute through procedures. Management also filled a number of permanent posts from the part-time clerical staff. A further conciliation conference was held on the 23rd of April, 2001, at which the Company indicated that it was prepared to agree a number of issues in the Union's claim, but it would not concede the claims relating to pension indexation, additional leave, grade changes, and extension of allowances which it claims have huge cost implications. The dispute was referred to the Labour Court by the Labour Relations Commission on the 14th of August, 2001. A Court hearing was held on the 4th of September, 2001.
UNION'S ARGUMENTS:
3. 1. All the present workers re-deployed retain their "old" pay and conditions of employment on a "red circle basis". In general their salaries are considerably in excess of those of incumbent clerical staff and typically twice their level. This has caused considerable disquiet amongst existing staff who have considerable expertise and service training, and who are expected to work beside staff whose salary levels they can never attain. There must be a minimum grade level in such areas / departments of Grade 3 or 4 where the standard grade is currently only grade 1 or 2.
2. All of the re-deployees have pension indexation at 2 %. The claimants are the only significant group in the Company who do not have pension indexation. In return for the claimants co-operation in the acceptance of the re-deployees, they seek pension indexation. They are prepared to play their part in efficiencies provided they are treated the same as other groups.
3. Staff currently receive 24 days annual leave on a mainly self covering basis. The increase claimed is an almost cost neutral method of recognising co-operation based on the self covering principle.
4. Management originally sought to have 5 ex-production redeployees in the clerical area. This number increased to 8 and subsequently to 10. Any commitment on the issue has to be clearly defined in the way that overall clerical numbers are and the Union is not prepared to enter an open ended commitment which could lead to similar upheaval as currently.
COMPANY'S ARGUMENTS:
4. 1. The salary terms applying to the re-deployed workers are excellent and it is understandable that some resentment is generated among existing clerical staff. However, there is not a single detrimental aspect affecting any current worker in the clerical area by the implementation of the re-deployment programme. The "red circled" treatment of salaries, applying to the re-deployees, is not a new concept for the Union.
2. The Union's claim for pension indexation is totally out of proportion and inconsistent with that of the Dublin Print Group of Unions, of which the Union is constituent member. It is contrary to the DPGU' s acceptance of LCR15915 that required that the cost of indexation to be reciprocated. The cost of pension indexation for the clerical section for past service alone amounts to £2.7 million. There is no additional productivity generated or cost elimination in the clerical area on foot of the assimilation of the redeployees. The Company has provided proposals to the Union that if agreed would see pension indexation applying to the claimants. The Union has refused to negotiate.
3. The Company will not reinstate the night differential as long as it is retained on a "red circle basis" by permanent staff. The Company will not concede the annual leave increase because of repercussive claims arising.
4. The Company has conceded a number of the Union's claims as follows:-
(i) Agreed to assess the number of part time workers in Telesales.
(ii) Proposed the introduction of a three-point experience based temporary scale, (as against two current age based scales that have 16 points each).
(iii) Agreed to apply 20% Sunday premium to part-time Telesales.
(iv) Agreed that any vacancies over Grade 2 which occur within 3 years of agreement being reached will only be filled by applicants from the current clerical staff. Subsequent vacancies created by such change to be filled by the re-deployed staff.
5. (vi) All re-deployed staff will come into departments on the bottom of the Holiday List.
RECOMMENDATION:
In return for an agreement by the Union on the redeployment of permanent ex-production staff into clerical functions, the Court recommends acceptance of the Company proposals from the Union's list of claims, and the Court further recommends concession of the Union's claim for indexation of the pension scheme on the following basis:-
- agreement on reciprocal measures.
- 1% contribution to be paid by employees.
If such an agreement on the pension scheme is not reached within four weeks of issue of this recommendation, then the matter may be referred back to the Court for a final recommendation.
Signed on behalf of the Labour Court
Caroline Jenkinson
10th September,2001______________________
TOD/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.