DEC-E2003-049 Full Case Study

Treanor & Two Named Female Employees (Represented by GPMU) v Donegal Democrat Ltd.

1. DISPUTE

This dispute concerns a claim by the Graphical, Paper and Media Union (GPMU) on behalf of three named female employees, that they are entitled to the same rate of remuneration as that paid by the Donegal Democrat Ltd. to five named male comparators in terms of sections 7(1)(a), 7(1)(b) and 7(1)(c) of the Employment Equality Act, 1998. Details of the complainants and the comparators are set out at Appendix A.

2. BACKGROUND

2.1 The Donegal Democrat Ltd. was located in Ballyshannon, Co. Donegal. It was responsible for printing and publishing the weekly newspaper "The Donegal Democrat". It also operated a commercial printing service.

2.2 The Donegal Democrat was a subsidiary of the Derry Journal, which in turn was part of Century Newspapers, which comprises the Mirror Group. In May, 2000 the commercial printing side of the operation was sold to a private company called Demoprint and the pre-press and printing function of the newspaper transferred to the Derry Journal. Consequently, all the named complainants and comparators ceased to be employees of the Donegal Democrat at different times in early 2000 but all before the claim was referred to the Office of the Director of Equality Investigations. Some of the pre-press functions previously carried out by the Donegal Democrat continued to be performed by Demoprint on foot of a commercial arrangement with the Derry Journal. One of the complainants (Ms. Treanor) and one of the comparators (Mr. Cassidy) became employees of Demoprint performing, by and large, the duties they performed as employees of the Donegal Democrat immediately before their employment with that organisation was terminated.

2.3 On 23 May, 2000 the Union, on behalf of the three female complainants, submitted a claim under section 7 (1)(a), 7(1)(b) and 7(1)(c) of the Employment Equality Act, 1998 to the Office of the Director of Equality Investigations. In accordance with her powers under the Act the Director delegated the complaint to Mr. Vivian Jackson, Equality Officer, for investigation and decision and for the exercise of other relevant functions under the Act. A preliminary hearing took place on 5 September, 2000. Subsequent to that hearing (16/17 November, 2000 and 19 January, 2001) work inspections took place. As the plant and machinery which the complainants and comparators had used was now the property of Demoprint, the Equality Officer was unable to observe them actually carry out these functions. However, thanks to the co-operation of the management of Demoprint, who allowed access to the premises, the complainants and comparators were able to demonstrate how they performed their duties. A final hearing took place on 12 February, 2002 during which the complainants withdrew Mr. Michael McGrath as a named comparator. Issues arose at the hearing which required further clarification and the final piece of information was furnished to the Equality Officer on 16 October, 2002. Responsibility for the delay in issuing this decision lies entirely with the Equality Officer and I would like to apologise to the parties for the delay involved.

3. SUMMARY OF UNION'S SUBMISSION

3.1 The Union states that prior to mid-1995 all three complainants worked in the print finishing department of the commercial printing operation performing a wide range of duties. The Union further states that at this time the three complainants performed the same work. The Union contends that the introduction of new technology at that time brought changes in work arrangements which resulted in the significant differences in the complainants' duties, particularly in the pre-press area, and resulted in them performing "like work" with the comparators, in terms of each of the three subsections of section 7(1) of the Employment Equality Act, 1998. The Union submits that this situation existed from that time until the complainants ceased employment with the respondent in late February, 2000.

3.2 The Union submits that the complainants' working week could generally be broken into two distinct parts. The duties they performed on Monday and Tuesday were connected with publication of the Donegal Democrat newspaper. The remainder of the week (Wednesday, Thursday and Friday morning - the operation closed on Friday at lunchtime) was generally taken up with duties related to the commercial printing side of the operation. It claims that the complainants were paid a lower rate of remuneration than that paid to the four named comparators and that this difference was based on gender.

4. SUMMARY OF RESPONDENT'S SUBMISSION

The respondent rejects the complainants' assertion that they perform "like work" with the named comparators. It accepts that the complainants' working week was split into two distinct parts - one of which involved duties associated with publication of the Donegal Democrat and the other which involved duties associated with the "finishing" of printing jobs associated with the commercial activities of the organisation. It argues that the complainants were paid the appropriate rate of pay, as negotiated through the normal industrial relations mechanisms, in respect of each distinct set of duties they performed.

5. CONCLUSIONS OF THE EQUALITY OFFICER

5.1 In reaching my decision on this claim I have taken into consideration all of the submissions, both oral and written, made to me by the parties. I have also taken into consideration the work inspection and interviews I carried out with the complainants and comparators, on the role and duties of each of their jobs. Details of my analysis of their respective jobs are at Appendix B.

5.2 The complainants submit that they perform "like work" with the comparators in terms of sections 7(1)(a), 7(1)(b) and 7(1)(c) of the Employment Equality Act, 1998 (hereafter called "the 1998 Act"). I must therefore examine each of the complainants' claims under each of these provisions. In addition, as the period for which equal pay is claimed covers a time which pre-dates the 1998 Act coming into force (18 October, 1999), I must also examine the complainant's claim in terms of section 3(a), (b) and (c) of the Anti-Discrimination (Pay) Act, 1974 (hereafter called "the 1974 Act"), which was in force at that time.

5.3 Section 7(1)(a) of 1998 Act provides that two persons shall be regarded as employed to perform like work if:"both perform the same work under the same or similar conditions, or each is interchangeable with the other in relation to the work;". Section 3(a) of the 1974 Act provides that two persons shall be regarded as employed on like work "where both perform the same work under the same or similar conditions, or where each is in every respect interchangeable with the other in relation to the work". In my opinion this requires the nature and content of the complainants and the comparators jobs to be identical or that one of the complainants is able to slot into role of a comparator in the event that comparator is absent. From my analysis of the roles of each job ( the Employment Equality Act, 1998 provides that two persons shall be employed to do like work if: "the work performed by one is of a similar nature to that performed by the other and any differences between the work performed or the conditions under which it is Appendix B), I am satisfied that this is not the case. Consequently, I find that the complainants and the comparators do not perform like work in terms of either section 7(1)(a) of the 1998 Act or section 3(a) of the 1974 Act.

5.4 Section 7(1)(b) of performed by each either are of small importance in relation to the work as a whole or occur with such irregularity as not to be significant to the work as a whole.". Section 3(b) of the 1974 Act provides that two persons shall be employed to do like work where: "the work performed by one is of a similar nature to that performed by the other and any differences between the work performed or the conditions under which it is performed by each either occur only infrequently or are of small importance in relation to the work as a whole". From my analysis and comparison of the roles of each job (See Appendices B and C) I am satisfied that the work performed by Ms. Treanor is similar in nature to that performed by Mr. McGrath and Mr. Keenaghan and I find that she performs like work with those two named comparators in terms of section 7(1)(b) of the 1998 Act and section 3(b) 1974 Act. It follows therefore that she is entitled to the same rate of remuneration as those comparators in accordance with section 19 of 1998 Act and section 2(1) of the 1974 Act. However, I am of the view that she does not perform work which is similar in nature to either of the other two named comparators and I find that she does not perform like work with either of those comparators in terms of section 7(1)(b) of the 1998 Act or section 3(b) of the 1974 Act. I am also satisfied that the work performed by the other two complainants is not of a similar nature to that performed by any of the comparators. I find therefore, that those complainants and the comparators do not perform like work in terms of section 7(1)(b) of the 1998 Act or section 3 (b) of the 1974 Act.

5.5 Section 7(1)(c) of the Employment Equality Act, 1998 provides that two persons shall be regarded as employed to do like work if: "the work performed by one is equal in value to the work performed by the other, having regard to such matters as skill, physical or mental effort, responsibility and working conditions.". Section 3(c) of the 1974 Act provides that two persons shall be regarded as employed on like work "where the work performed by one is equal in value to that performed by the other in terms of the demands it makes in relation to such matters as skill, mental and physical effort, conditions.". From my analysis and comparison of the roles of each job (See Appendices B and C) I am satisfied that the work performed by Ms. Treanor is equal in value to that performed by Mr. McGrath and is higher in value to that performed Mr. Keenaghan and I find that she performs like work with those two named comparators in terms of sections 7(1)(c) of the 1998 Act and 3(c) of the 1974 Act. It follows therefore that she is entitled to the same rate of remuneration as those comparators in accordance with the appropriate sections of each Act. However, I am of the view that she does not perform work which is equal in value to either of the other two named comparators and I find that she does not perform like work with either of those comparators in terms of section 7(1)(c) of the 1998 Act and 3(c) of the 1974 Act. I am also satisfied that the work performed by the other two complainants is not equal in value to that performed by each of the comparators. I find therefore, that those complainants and the comparators do not perform like work in terms of section 7(1)(c) of the 1998 Act or section 3(c) of the 1974 Act.

5.6 Notwithstanding my comments in the preceding paragraphs, I note the respondent submitted details of the rates of remuneration paid to the complainants and comparators in September, 1999. This data indicates the complainants were paid the same hourly basic rate of pay as the comparators when they worked in the newspaper side of the respondent's operation. The complainants have failed to rebut this assertion and I must therefore conclude that the complainants and comparators performed "like work" during these periods and as a consequence these rates applied to them for those duties.

6. RECOMMENDATION AND DECISION

6.1 In view of the foregoing conclusions I find:
(a) that Ms. McShea and Ms. Cassidy do not perform "like work" with any of the four named comparators in terms of each of subsections (a), (b) and (c) of section 7(1) of the Employment Equality Act, 1998 or section 3(a), (b) and (c) of the Anti-Discrimination (Pay) Act, 1974 and consequently do not have an entitlement to the same rate of remuneration paid by the respondent to the comparators;
(b) although Ms. Treanor does not perform like work with either Mr. McGloin or Mr. Cassidy in terms of each of subsections (a), (b) and (c) of section 7(1) of the Employment Equality Act, 1998 or section 3(a), (b) and (c) of the Anti-Discrimination (Pay) Act, 1974, she does performs like work with both Mr. McGrath and Mr. Keenaghan in terms of subsection sections 3(b) and (c) of the 1974 Act (for the period 1 September, 1998 to 17 October, 1999) and subsections (b) and (c) of section 7(1) of the 1998 Act (for the period 18 October, 1998 to 26 February, 2000) and is therefore entitled to the same rate of remuneration as that paid to those comparators.

6.2 In light of my findings in the preceding paragraph, I order, in accordance with section 82 of the Employment Equality Act, 1998, the respondent to pay Ms. Treanor the same weekly rate of basic remuneration as that paid to Mr. McGrath and Mr. Keenaghan as at 26 February, 2000. I further order that this basic rate should be applied retrospectively for the period 18 October, 1999 to 26 February, 2000, the date on which her employment with the respondent terminated and that the relevant arrears of pay should be paid to the complainant. In addition, in accordance with section 7(3) of the Anti-Discrimination (Pay) Act, 1974, I recommend that the respondent pay Ms. Treanor the same weekly rate of basic remuneration as that paid to Mr. McGrath and Mr. Keenaghan as at 17 October, 1999 for the period 1 September, 1998 to 17 October, 1999 and that the relevant arrears
of pay should be paid to the complainant. This basic rate should be applied to any overtime worked and any allowance paid to her which is calculated as a percentage of the basic rate of pay which arose during the totality of the period set out above (1 September, 1998 - 26 February, 2000) and the appropriate arrears in respect of those elements should also be paid to the complainant.

Vivian Jackson
Equality Officer
10 November, 2003

APPENDIX A

LIST OF COMPLAINANTS AND COMPARATORS

Complainants
Ms. Anne Treanor
Ms. Theresa Cassidy
Ms. Cathy Mc Shea

Comparators
Mr. Charlie McGloin
Mr. James McGrath
Mr. Michael McGrath (Withdrawn)
Mr. Sean Keenaghan
Mr. John Cassidy

APPENDIX B

EQUALITY OFFICER'S JOB DESCRIPTION FOR THE COMPLAINANTS

Job Holder: Ms. Cathy McShea
Job Title: Proof Reader and Finisher
Reports to: Production Manager
No: of Staff: None
Rate of Pay £306.90 per week. Hours in excess of the normal daily finishing time attracted overtime payment at agreed rates.
Hours of Work: 9am to 6pm (Monday to Thursday) 9am to 12.30pm (Friday)

Duties

GENERAL

• The working week of the complainant was generally split into two distinct parts. On Tuesday and Wednesday she was full-time on proof reading duties for the newspaper. The remainder of the week was generally spent in the finishing area of the commercial printing operation of the organisation performing a variety of duties which ranged from collating pages and gluing books to packing the finished products and getting them ready for dispatch.
• During July - September and the period before Christmas she would frequently proof read on Monday and on a more infrequent basis, Friday. From time to time, but not on a regular basis, she was asked to proof read items by newspaper reporters attached to the Donegal Democrat.

PROOF READING

• The complainant walks from her work area to the typesetting area and collects material from a basket located there. She carries the material back to her work area where it is checked for accuracy by reading the typeset text against the original text provided by the customer. The complainant states that approximately half of the time she performs this task on her own and the other half she has the assistance of another person. In either event, the complainant marks any corrections on the typeset copy.
• In addition, the complainant checks the job worksheet (which is attached to the material) for instructions from the advertising department as to the size and location of the advertisement within the newspaper. She writes these instructions on the typeset copy and checks, by physically measuring the typeset text, that the dimensions of the typeset advertisement comply with the instructions given. If not she marks this on the typeset copy as a correction.
• Where an advertisement includes a logo she checks that the logo is correct. If no logo is provided on the original material she obtains a previous copy of the newspaper and checks it from that source. If this avenue fails she checks with a staff member of the advertising department.
• The complainant returns the material which requires correction to the typesetting department and the entire process outlined above is repeated until she is satisfied that the typeset version of the advertisement is in order. When she is satisfied that a typeset advertisement is correct she physically brings it to the paste-up area and places it in the correct basket, depending on which section of the paper it was to appear in.
• The complainant also performs proofing duties for the commercial printing side of the organisation as required. These duties are at the instruction of the Production Manager and entail proof reading a book or other publication with the Production Manager. The tasks of (i) reading the original text and (ii) checking the typeset text and carrying in corrections are rotated between both persons. This function became more frequent from October, 1999.

FINISHING DEPARTMENT

• The complainant generally selects a job worksheet from a basket located in the finishing department and completes all the finishing tasks on that job herself except using the guillotine. However, there are occasions where the Production Manager instructs her to do a particular job, depending on staff resources and the urgency of a particular printing order.
• The complainant states that there are different duties to be performed in binding a book or publication depending on how the book or publication is to be bound i.e. glued, stapled or saddle stitched. Details of the type of binding required is always on the job worksheet. In all cases the first task to be performed is collation of the pages.

Collation

• This involves the complainant physically carrying paper from the store (which is located about 30 metres from the collating area) or from printing machines (which are adjacent to the collating area). The complainant places the bundles of pages along the edge of a long table and must ensure that they are in the correct order for pagination purposes. She walks around the table lifting a page, or pages from each bundle in turn. She places them one on top of the other or inserts one small bundle into another depending on the binding finish required. During the course of this task she also performs a type of quality control in that she scans the paper for colour, alignment and correct pagination. She advises the Production Manager if there is a lot of rejects.
• The complainant performs a similar task when collating smaller duplicate or triplicate order books etc. In those instances she must ensure that the each numbered page has two or three leaves as appropriate and that the numbers run in sequence. She must collate them in batches in accordance with the instructions on the job worksheet.

Gluing and Stitching

• The complainant also works on the gluing machine. The binding machine is located adjacent to the collating area. This is a two person operation. The first person carries the collated books from the collating area to a small table beside the gluing machine. That person then places a book, on its spine, between two rollers. The rollers drag the book over an area which houses a reservoir of hot glue and the machine brushes the spine with a layer of glue. The second person places a book cover into a slot between two rollers, the pre-glued book runs on to the cover and pressure is applied. The covered book emerges at the end of the machine and falls down a small metal chute. The second person attempts to catch the finished product before if reaches the end of the chute, smoothes the cover, checks that the cover has stuck to the spine of the book and places the bound book on a table adjacent to the machine.
  
  The machine is operated by pressing a button and has to be switched on some time before the binding commences to allows the glue to heat to the appropriate temperature. On the occasions when the complainant switches on the machine she is responsible for ensuring that the glue level in the reservoir is sufficient. If not she must fill it by pouring glue from a plastic drum beside the machine. She performs the tasks at both ends of the machine as necessary.
  
• The complainant also glues books by hand using a glue known as "white glue". This is used for smaller books. The collating table is used for this purpose. The complainant stacks a number of books on top of each other on the side of the table, placing a cover between each individual volume. A heavy weight is placed on the top of the bundle and the complainant paints the spines with the white glue using a paint brush. The glue is held in a small plastic pot which the complainant either holds herself or places on the table close by. The bundle is left to dry and the complainant then checks to see if a second or additional coat of glue is necessary. When the complainant is satisfied that the bundle is properly glued she separates each book by sliding a flat edged metal ruler between each cover. The complainant must re-fill the small glue pot as necessary from a large drum which is situated by the Production Manager's Office. She generally does this herself by tipping the large drum over. She performs this method of gluing more than the others.
• The complainant glues duplicate/triplicate books by using a glue called "NCR Glue" She places the books beside each other along the edge of the collating table and places a weight on them. She fills a small plastic container with "NCR Glue" from a larger bottle with in situated in a cabinet adjacent to the collating area. She brushes the glue onto the spine of the book and sees if the paper ripples (this indicates that the paper has absorbed the glue) and leaves them to dry. When she returns she fans the pages of each book to ensure that they have stuck properly.
• The complainant also uses a stitching machine to finish books. She physically carries the books to aworkbench adjacent to the machine (which is located in a partitioned room in the finishing area). Depending on the dimensions of the book the complainant must decide how many staples are needed to keep it together and the location of each. She adjusts the machine by twisting two handles and sliding a metal bar back and forth. She places the book into between two small metal plates to select the depth of the staple and checks if she has sized it correctly be depressing a footpedal which brings the stapling mechanism down to the top of the book. She re-adjusts the machine until she is satisfied that the staples will be inserted correctly, having regard to any perforation of the pages etc. The complainant turns the machine on by flicking a switch. She feeds the books by hand, one at a time, through one end of the machine and depresses a footpedal to operate the stapling mechanism and insert a staple at a point where she considers it to be correct. She moves the book by hand along the plate and depresses the pedal again to insert a staple at the position(s) she considers the most appropriate in accordance with her decision as to the number of staples the book requires. The metal staple is on a spool and is fed through a series of wheels and eyes similar to a sewing machine. The complainant replaces the spool if it exhausts or re-feeds it if the spool snaps. The complainant then covers the staples and spine of the book with a strip of adhesive tape. She operates this method of stitching more frequent that the other.
• The complainant also operates the saddle stitching machine. This operation is similar in nature to the previous one but is used for smaller books such as programmes for sporting events. She must adjust the machine by turning two handles to size the book and ensure that the staples are inserted along the spine of the book. She turns the machine on by flicking a switch and manually feeds the books along the plate one at a time. She depresses a footpedal to insert the staple (which is on a spool similar to the stitching machine) at the point(s) she considers appropriate.
• The complainant operates a punching machine. She is instructed on the worksheet how many holes are necessary and the location of same. She adjusts the machine by unscrewing a clamp and moving a bar until she considers it is correct. She then gauges the book by depressing the foot pedal and the punchbit comes down to the book. She gauges the size of the punchbit through her experience. If the punchbit needs to be changed she does so by unscrewing it with an allenkey. She operates the machine with a footpedal whilst standing up. She operates this machines between ten and twenty times per annum.
• The complainant also operates a machine which is used to round off the corners on pages. The instructions for such a finish would be provided on the worksheet. The machine itself, which is quite heavy, is lifted onto a workbench by somebody else. The complainant gauges the size of the cut by pulling a lever which brings the blade down to the sop of the book. The cutting size is adjusted by screwing and unscrewing a small mechanism on the side of the machine. The machine is operated by a hand lever. The task is performed standing up. The complainant performs this task on average less than ten times per year.
• The complainant operates an eyeletting machine as part of the finishing process. She fills up a chute in the machine with small metal eyelets and positions the book against a gauge. The mechanism is adjusted by moving the gauge. The metal fastener is pressed into the book by depressing a footpedal. The machine is operated sitting down. The complainant operates this machine on average less than ten times per year.
• The complainant also packed the finished articles. This involved packing the books in a cardboard box, ensuring that the items being packed corresponds with the worksheet. She prepares the label containing the name and address of the customer from the worksheet, seal the box(es), labels them and places them in the dispatch area, which is about ten metres from the packing area.
• The complainant also (i) collates and staples raffle tickets punches (ii) places ties through posters and (iii) laminates items by operating the laminating machine, less than ten times per year.
• The complainant also has responsibility for retails sales. This arises when a customer arrives at the reception desk looking for items such as envelopes and books. The complainant brought the items to the reception desk and informed the counter staff what items were supplied. She does not handle cash. If the customer is entitled to credit she write up the docket and placed them in a predesignated box for the Production Manager, who would subsequently arrange payment. If she was in doubt as to whether or not a customer was entitled to credit she would ask the Manager in the Reception Area. The stocks of such items were maintained by the Production Manager although there was no formal method of recording these items.

Job Holder: Ms. Anne Treanor
Job Title: Typesetter and Finisher
Reports to: Production Manager
No: of Staff: None
Rate of Pay £306.90 per week. Hours in excess of the normal daily finishing time attracted overtime payment at agreed rates.
Hours of Work: 9am to 6pm (Monday to Thursday)
9am to 12.30pm (Friday)

Duties

TYPESETTING

• The complainant electronically typesets the pages of the newspaper using an Applemac PC. She also typesets for the commercial side of the operation i.e. books etc. The beginning of the week (Monday and Tuesday) she is involved in typesetting for the newspaper, in particular the feature pages, as the deadline for transmission of the colour pages of the newspaper to the printing facility in Derry is Tuesday night.
  The computer system generates a template of the newspaper page. The text to be included in the newspaper would be furnished from a number of sources - the advertisement department, reporters or from external sources. The size and format of the item is included on the worksheet. The complainant uses a number of computer instructions from a "drop down list" to create a text box in the margins of the computer page. She then electronically cuts and pastes the text provided into the text box. If necessary, she restyles the text to ensure it looks all right. The item is then printed off and placed in an area located nearby for collection by proofing staff. Responsibility for proofreading the material to ensure its accuracy rests with others. This process is repeated for each item for inclusion in the feature pages. The material is proofed and returned to the typesetting department. The complainant carries through any corrections and once she is satisfied that the text looks presentable she electronically copies if from this "working text box" to the text box in the page template. Particular care in taken with any advertisement to ensure that logos and all the relevant subtext are included in the finished article for inclusion in the newspaper. Her colleague, James McGrath knows how many feature pages are to appear in the newspaper each week and she liaises with him in this regard. Either James McGrath or the Head of Advertisement "signs off" on the feature pages.

SCANNING

• The complainant scans photographs for the feature page. Photographs may be associated with a particular piece of text or they are provided by the journalist(s). The complainant scans mostly black and white photographs - the colour photographs are usually scanned by James McGrath. The complainant places the photograph on a scanner. She then issues a range of instructions from a "drop down list" on her PC. She knows which list to use following her training by Mr. McGrath. When the image is scanned it appears on the screen of her PC. She then makes a judgement as to whether or not the image will reproduce clearly in the newspaper and uses a series of electronic tools to enhance or decrease the tones of the image as necessary, within a specific range of finishing parameters. The image is then electronically stored in a "picture box" for inclusion in the newspaper page template. If she has any problems with this task she speaks with Mr.McGrath.
• The complainant transmits the sports pages (which invariably include colour photographs) and any colour feature pages to the printing works in Derry if asked to. She copies the relevant pages into a folder from a series of commands on her own PC and sends the folder electronically to a PC terminal linked to the ISDN line. She then uses this PC to transmit the folder to Derry using a series of commands.
• The complainant works on all aspects of electronic typesetting for the newspaper except the sports section. This is completed by James McGrath. All aspects of typesetting for the newspaper is finished by Wednesday and the complainant then regularly performs typesetting duties for the commercial printing area of the organisation - books, periodicals, sports programmes etc. The process is the same as above except she is dealing with significantly larger volumes of text, much of which is furnished on floppy disc. The complainant must first convert this material into a format that is compatible with the complainant's PC by using a series of computer commands. If there are dimensions to be used she creates the relevant template and make adjustments as necessary. If there are no instructions as to how the material is to be presented she must make this judgement herself based on what the item is. This process involves her styling the text and trying a few approaches to make the material presentable. She then prints off a hard copy for transmission to the Production Manager for proofing and clearance. She carries out all amendments and prints off hard copies of the material for the Production Manager until the item is finally cleared. The complainant contends that since September, 1998 commercial typesetting has become a regular feature of her work to such an extent that she performs this function on Thursday and Friday.
  

FINISHING DEPARTMENT

• The complainant contends that in recent years she only worked in the finishing department once or twice a month generally at the request of the Production Manager. She adds that she did not work there for full days rather for periods of 2/3 hours at a time. She generally selects a job worksheet from a basket located in the finishing department and performs only the collation and packing tasks as well as operating the stitching machine and the gluing machine. The tasks associated with these functions are those set out at the job specification for Ms. McShea above.

Job Holder: Ms. Theresa Cassidy
Job Title: Typesetter and Finisher
Reports to: Production Manager
No: of Staff: None
Rate of Pay £306.90 per week. Hours in excess of the normal daily finishing time attracted overtime payment at agreed rates.
Hours of Work: 9am to 6pm (Monday to Thursday)
9am to 12.30pm (Friday).

Duties

GENERAL

• The complainant's working week is generally split into two/three distinct parts. On Monday, Wednesday afternoon and Thursday she generally works in the finishing area of the organisation. On Tuesday she works in the Manual Paste up area. On Friday's she could work in any area of the organisation

FINISHING DEPARTMENT

• During her time in the Finishing Department the complainant performs the following tasks - stitching, gluing, eyelet, round cornering, collating and packing. An outline of these duties are set out above in the profile for Ms. McShea.
• In addition to the above the complainant used the Electric Guillotine, the Folding Machine and the Laminator. The tasks associated with the Guillotine require the complainant to physically carry over the material to the machine. The guillotine is operated by pressing a switch. The paper is placed on a metal plate and the blade is brought down by pressing a button. The blade stops to enable the complainant to gauge the dimensions of the cut. The button is pressed again to activate the blade. Finer adjustments/trimming is carried out if necessary. The complainant uses this machine on average twice weekly.
• The complainant did not set up the folding machine. Pages were fed through one end and collected at the other. The complainant checked each item to ensure that the pages were in correct numerical order and then placed the item on a shelf behind the machine. In the event of the machine jamming she would stop it by physically pulling a handle on it and she would call a colleague who generally operated the machine. She operated this machine about once a month.
• The complainant is the only person to operate the industrial laminator. She activates the machine by switching a button. The machine takes thirty minutes to "heat up" and when the optimum temperature is reached it is indicated by a light on the machine. The complainant runs a test on the machine by running a page of text through the rollers at one end and collecting it at the other. She then checks to see if the "test" material is blemished. The laminate is on spools at one end of the machine and the complainant adjusts the tension on the laminate, as necessary, having regard to the quality of the finish on the test material. She repeats this process until she is satisfied that the laminate finish is in order and she then proceeds with laminating the job. The complainant then trims the final product in accordance with a sample provided or instructions furnished on the worksheet.

MANUAL PASTE UP

• The complainant works in the manual paste up area on Tuesdays and Wednesday mornings. The typeset copy is placed on a series of nails in the wall which is located beside the paste up area. The complainant takes the copy (text) from the nail. The Editor would have instructed what the content of each page was to be. If necessary, the complainant would start the waxing machine by pressing a switch on it. The wax takes about forty-five minutes to melt. The complainant trims the copy using a scalpel. When the wax is melted she runs the copy through the rollers of the waxing machine and affixes it on the appropriate gridded template page of the newspaper. The complainant decides the location on the page herself having regard to the space available on it and if there were photographs associated with the text. She usually commences on the page with most copy. She repeats this process as necessary until all of the copy is affixed to the template - which is hanging from a "light box". The final version of the page would be signed off by the relevant editor.
• The complainant also does manual paste up for commercial customers in respect of letterheads, business cards etc. The process is the same as that outlined above except she received this material from the Production Manager. She photocopies the final draft and this is signed off by the customer. Any amendments are carried out as necessary. She performs commercial paste up about twice a month.

SCREENING

• The complainant also "screens" photographs about 2/3 times a month. All photographs have to be screened for inclusion in the manual paste up pages of the newspaper. Sometimes the Editor instructs what photograph is to be included, other times it is at the discretion of the complainant. The complainant takes the selected photograph to the Camera Room. She places the photograph on the shelf of the "densitometer" - a machine which measures the density of the dark and light areas of the photograph and thus calculates the exposure time. She measures the size of the photograph and the size of the space on the page (which has sometimes been given by the Editor) and keys these dimensions into the camera. She places the photograph on the bed of the camera and places a single sheet of negative paper in a slot located elsewhere on the camera. She depresses a floor device to operate a vacuum on the camera, closes the camera door and presses another button to operate the exposure. The camera "beeps" when the exposure is complete. The complainant removes the negative paper from the camera and places it is face down on a sheet of positive paper, a stock of which is located nearby. She places these through the rollers of the "processing machine" - which is located in the same room - for developing. After 20-30 seconds she pulls the paper apart and returns with the positive photograph which is affixed to the gridded template page in the manual paste up area. If the positive photograph is not to a particular standard she repeats the entire process.

TYPESETTING

• The complainant performs electronic typesetting for the Sports and Notes section of the newspaper. The copy is placed in a box located near the Typesetting area by the Sports staff. This material contains instructions from the Editor regarding font size, layout etc. of the text. The complainant uses a PC to typeset the text. She uses a series of commands from a "drop down" list contained in the PC software used for this purpose, which is called "Scoop". When she has finished this process she prints off the text, associates it with the original copy, brings it to the Editorial Room and places it in a basket. Responsibility for proofing this material rests with those staff. The complainant carries out any corrections and, if necessary, has the text re-proofed. If there are few corrections she carries them through, prints off the text, checks it herself and brings it to the manual paste up area where she hangs it on the appropriate nail. She carries out this task, on average, twice a month, in particular when the staff who normally perform it are on annual leave or sick leave. She is normally instructed to do this work by the Production Manager.

PLATE MAKING FOR COMMERCIAL PRINTING

• The complainant takes the finished "gridded templates" from the manual paste up area and brings it them to the Camera Room. She places a page on the bed of the camera and then goes to the Dark Room (which is adjacent to the Camera Room) where she places a negative in a slot at the other end of the camera. She closes the camera door and presses a button to expose the film. She removes the negative and run its through the processor to develop it. She repeats this process as necessary. She takes the negative and checks it to ensure it is not blemished. If it is she touches the negative up with a special pencil for that purpose. She takes the negative to the Plate making machine, which is located in a room nearby. She selects the correct size plate, which is made from aluminium, and places it in the machine. She places the appropriate negative on the plate and closes the door of the drum. She depresses a button to activate the vacuum and pulls a level which rotates the drum. The drum rotates half way and the complainant presses another button to expose the plate. She pulls the lever to rotate the drum back to its original position, opens the door and removes the plate. She puts the plate through the rollers of the plate processing machine which is located adjacent to the plate maker. The processor is activated by an "on/off" button. The plate is processed and is removed at the other end. She places the plate on a workbench and repeats the process as necessary. The complainant performs this function about twice a month, normally at the request of the Production Manager. She does not perform this function for the newspaper area of the organisation.

DUTIES OF ASSISTANT PRODUCTION MANAGER

• The complainant performs some functions which are relevant to the Production Manager. These duties emanated from absences by the Production Manager on annual leave and sick leave and commenced in 1995. The role is however, restricted to issues associated with the commercial printing area of the organisation.
• The complainant deals with customer enquiries, whether in person or by telephone, when the Production Manager is unable to deal with the customer - due to absence or unavailability due to other duties. The complainant also issues quotations to customers as necessary. She uses a formula which is written down by the Production Manager and is retained in his office. She issues these quotations of her own volition when the Production Manager is absent. When he is just unavailable due to other duties he issues the quotation although there are occasions when he approves the quotations and she issues it. The complainant also ordered stock from suppliers to cover printing jobs, as necessary, following discussions with the Printers.
• The complainant exercises little staff management functions in the Production Manager's absence. She does not have authority to sanction overtime - such requests must be approved by the Commercial Manager in Derry. Similarly, she only dealt with issues concerning annual leave on about four occasions and she does not have authority to deal with matters concerning staff discipline. She has no control over staff in the newspaper area of the organisation in the Production Manager's absence, although these staff would report to him in normal circumstances.

Job Holder: Mr. Charles McGloin
Job Title: Production Manager
Reports to: Commercial Manager
No: of Staff: Twelve staff, including Printers
Rate of Pay £316.24 per week. No entitlement to overtime. Incentive Bonus of £2,000 per annum
Hours of Work: 9am to 6pm (Monday to Wednesday)
9am to 5pm Thursday
9am to 12.30pm (Friday).

GENERAL

• Mr. McGloin (Comparator A) has been the Production Manager from 1980, when he was promoted from the position of Printer to the post. He is responsible for all aspects of co-ordination in relation to the newspaper and commercial printing operations of the organisation. He estimates that half of his working week is spent on each area of responsibility, with the newspaper a priority in the early part of the week. He served a formal apprenticeship as a Printer, although he rarely operates a printing press now.

COMMERCIAL PRINTING

• He is responsible for delegating work and prioritising it on the commercial printing side of the organisation. He is the first point of contact for customers and is therefore aware of all commercial printing jobs on hand. All jobs are recorded and jobsheets are prepared. He monitors the work schedule on a daily basis, updating it as necessary as the job passes through each stage of the process. The jobsheets contain all details of the job - timeframe, quantity, colour, paper quality etc. He physically takes the jobsheet to the appropriate area of the commercial printing works in the organisation. If necessary, he instructs a staff member to give it priority to a particular job and monitors it thereafter. If the job requires special material which is not carried in stock he orders the necessary stock from suppliers. Mr. McGloin is also responsible for ensuring adequate levels of standard stock items and re-ordering of same. He maintains a written record of stock levels and is advised by the Printers if levels are running low on any materials.
• Mr. McGloin is responsible for ordering materials for the company's business activities. There is a list of scheduled suppliers which the company tends to use for standard or routine items. These items are re-ordered as necessary by telephone or written order. However, if necessary, as a result of a very large job or because of specialist requirements of a customer, he seek tenders from three/four suppliers (normally by telephone) and places the order with the most economically advantageous supplier. If necessary, he would liaise with the Printer to discuss technical aspects of the material etc.
• Mr. McGloin is also responsible for pricing work for customers. He has developed a system of pricing, a copy of which is retained in his office, which can be used to determine the price for any particular job. This process involves estimating the hours of labour involved at each stage of the job, estimating the materials involved and calculating the overall cost. Quotations can be issued in writing or verbally to the customer. Even if a quotation to a customer is prepared by somebody else, the comparator has the final authority and can amend the quotation, if necessary. He is ultimately responsible for liaising with the customer as regards any aspect of the job and would deal with their queries.
• Occasionally he performs proof-reading duties and screening for the commercial printing operation.

PUBLICATION OF NEWSPAPER

• The is a weekly deadline for completion of all activity associated with the newspaper (Wednesday evening - although shorter deadlines apply for other areas - colour pages) and it is ultimately his responsibility to ensure that this deadline is adhered to. On occasions when he his not there this role is carried out by Mr. McGrath. This role includes managing all staff to ensure that the electronic newspaper templates are transmitted to Derry (where the newspaper is printed) as well as physical transmission of the appropriate printing plates to the same location. If necessary, he performs electronic typesetting functions and proof-reading on certain areas of the newspaper, although the former occurs rarely and the latter on an infrequent basis. The comparator also performs processed camera work, if necessary - primarily to ensure the appropriate deadlines are met in times of pressure.

STAFF MANAGEMENT

• The comparator is responsible for all staff in the area. He assigns duties to them, prioritises work, re-assigns staff as necessary and has the final authority as regards any task, whether in the newspaper or commercial printing sections of the organisation. He is also responsible for staff appraisal/evaluation for promotion, approval of overtime and annual leave and would deal with disputes between staff. This is an on-going function which he performs every day.

Job Holder: Mr. Sean Keenaghan
Job Title: Typesetter
Reports to: Production Manager
No: of Staff: None
Rate of Pay £315.90 per week. Hours in excess of the normal daily finishing time attracted overtime payment at agreed rates
Hours of Work: 9am to 6pm (Monday to Wednesday)
9am to 5pm Thursday
9am to 12.30pm (Friday).

TYPESETTING

• Mr. Keenaghan (Comparator B) performs electronic typesetting functions on an Applemac PC. On Monday, Tuesday and Wednesday he works on typesetting for the newspaper. He generally works on the Sports copy first. He take the copy from the box located in the area and takes it to his PC. The computer system generates a template of the newspaper page. The text to be included in the newspaper is furnished by the Sports Department and instruction as regards size and format of the item are generally provided by the Editor. If not he would ask for instructions - the number of times he made a decision on this issue himself were small. The complainant uses a number of computer instructions from a "drop down list" to create a text box in the margins of the computer page. He then electronically cuts and pastes the text provided into the text box. If necessary, restyle the text to ensure it looked all right. He prints off the text and brings it (along with the copy) to the editorial room where he places it in a basket for collection by proofing staff. Responsibility for proofreading the material to ensure its accuracy rests with the editorial staff. This process would be repeated for each item he typesets. The material is proofed and returned to the typesetting department. The comparators carries through any corrections and once he is satisfied that the text looks fine and is correct, he electronically copies if from this "working text box" to the text box in the page template. Alternatively he will bring it to the compositing department and hang it on the appropriate nail if the text is for inclusion in a page that is not electronically typeset. He would also perform typesetting functions for the "Sports notes" section of the paper, following the same format as above.
• Mr. Keenaghan also typesets advertisements for the newspaper using an Applemac PC. He performs this function every week, normally on Tuesday night/Wednesday morning. The process is similar to that outlined above using a "drop down" list of commands from the PC software package. Details of the advertisement and the layout and font size are furnished on the jobsheet. This may sometimes entail the comparator having to locate a previous copy of the advertisement and copying it for inclusion in the newspaper. The comparator adjusts the dimensions and format of the advertisement, as necessary, to ensure it fits in the space allocated. If he has any doubts or queries about the advertisement he clears it with staff from the Advertisement Department. Final responsibility for "signing off" of the content of the page rests with the Head of Advertisement. On occasions when his colleague Mr. McGrath is absent the comparator would also perform typesetting for the "small ads section" of the newspaper (For Sale and To Let etc.). The system generates a template for small ads although generally the comparator has to select a font size from a "drop down" list on the PC.
• The comparator also performs electronic typesetting functions as outlined above for the commercial printing section of the organisation. The process is largely the same, with the computerised system providing a template for the job. All details of the job are provided on the worksheet and the comparator selects the appropriate template from the PC Software. This work is assigned to the comparator by the Production Manager and when completed the comparator returns it to him for proofing. After proofing any amendments are carried through by the comparator, as necessary. No responsibility for the accuracy of the text rests with the comparator and the text can be proofed a number of times before it is finally cleared by the Production Manager. The comparator performs this task when he is not working on the newspaper (which tends to be the latter part of the week). If the job is large in volume the typesetting is split between two or more typesetters by the Production Manager. However, there are occasions when he would liaise with Ms. Cassidy about issues surrounding a commercial printing job, mostly when the Production Manager is absent.

FINISHING DEPARTMENT

• The comparator works in the finishing area on average, 10/15 times a year. He goes to the finishing area, of his own volition, if work in the typesetting section is slack although, the majority of his visits are at the instruction of the Production Manager. He would not work in the area for full days rather he would be there for a small number of hours at a time. During his visits to the finishing area the comparator operated the first part of the binding machine, collation duties and packing (see Ms. McShea's job specification above) and the guillotine (see Ms. Cassidy's job specification above). There is no reduction in his rate of pay when he works in the finishing department.

Job Holder: Mr. John Cassidy
Job Title: Typesetter and Compositor
Reports to: Production Manager
No: of Staff: None
Rate of Pay £315.90 per week. Hours in excess of the normal daily finishing time attracted overtime payment at agreed rates
Hours of Work: 9am to 6pm (Monday to Wednesday)
9am to 5pm Thursday
9am to 12.30pm (Friday).

TYPESETTING

• Mr. Cassidy (Comparator C) performs typesetting duties for the commercial and newspaper areas of the organisation, although he is engaged more on the newspaper. He focuses on small advertisements and the process is the same as that outlined above using an Applemac PC and the appropriate software. He generally performs typesetting duties for the newspaper from Tuesday lunchtime to Wednesday lunchtime. He also performs typesetting duties for the commercial side of the operation on average a half day a week. He is instructed to commence these duties by the Production Manager.
  

MANUAL PASTE UP

• Mr. Cassidy generally commences his working week in the manual paste up department, where he spends most, if not all of Monday. The typeset copy is placed on a series of nails in the wall which is located beside the paste up area. The comparator takes the copy (text) from the nail, selecting what appears to be the most urgent to him - he would be aware of the relative urgency of each page. The Editor would have instructed what the content of each page was to be. If necessary, he starts the waxing machine by pressing a switch on it. The wax takes about forty-five minutes to melt. The comparator trims the copy using a scalpel. When the wax is melted he runs the copy through the rollers of the waxing machine and affixes it on the appropriate gridded template page of the newspaper. He decides the location on the page himself having regard to the space available on it and if there were photographs associated with the text. Sometimes the Editor would indicate a particular photograph is to be associated with a piece of text. Other times there were several photographs and the comparator would make the selection. If there are any problems he checks with the appropriate editorial staff. He repeats this process as necessary until all of the copy is affixed to the template - which is hanging from a "light box". The final version of the page is signed off by the relevant editor.

SCREENING

• All photographs used in manual paste up have to be screened before affixing them to the gridded template pages of the newspaper. The comparator takes the selected photograph to the Camera Room. He first places the photograph on the shelf of the "densitometer" - a machine which measures the density of the dark and light areas of the photograph and thus calculates the exposure time. He measures the size of the photograph and the size of the space on the page (which has sometimes been given by the Editor) and keys these dimensions into the camera. He places the photograph on the bed of the camera and puts a single sheet of negative paper in a slot located elsewhere on the camera. He depresses a floor device to operate a vacuum on the camera, closes the camera door and presses another button to operate the exposure. The camera "beeps" when the exposure is complete. The comparator removes the negative paper from the camera and places it face down on a sheet of positive paper, a stock of which is located nearby. He places these through the rollers of the "processing machine" - which is located in the same room - for developing. After 20-30 seconds he pulls the paper apart and returns with the positive photograph which is affixed to the gridded template page in the manual paste up area. If the positive photograph is not to a particular standard he repeats the process. He performs this function every week for both the newspaper and commercial areas of the operation.

COMPOSITOR

• The comparator prepares the negatives for plate making in respect of the manually pasted up pages of the newspaper. He checks that all of the pasted up pages are signed off by the relevant editorial staff and ensures that they are all there and in sequence. The Production Manager or the Editor advises of the number of pages in the newspaper. He carries the pages from the manual paste up department to the Camera Room which is across a corridor. He put the pages, one at a time, onto the bed of the camera and then goes to the Dark Room (which is adjacent to the Camera Room) where he places a negative in a slot at the other end of the camera. He closes the camera door and presses a button to expose the film. He removes the negative and run its through the processor to develop it. He repeats this process for each page. When all the negatives are ready he checks them (on a light table) to ensure they are not blemished. If they are he touches the negative up with a special pencil for that purpose.

PLATE MAKING

• The comparator produces plates for the commercial side of the operation. The process followed is set out at the job specification of Ms. Theresa Cassidy above. The comparator produced all of the plates for the newspaper side of the operation until June, 1998. This process is now carried out by another employee, although the comparator covers for him during annual leave etc.
• Since June, 1998 Mr. Cassidy make the plates for the colour printing area of the newspaper each week. The colour negatives are prepared at the respondent's operation in Derry and are transported to Ballyshannon. The comparator produces a plate for each of the four necessary colours in respect of each colour page in the newspaper using the same process as outlined above. The Editor advises how many colour pages there are and if in doubt, the comparator would check with him. The comparator ensures that the plates are packed and returned in time to Derry to enable the newspaper to be printed on time.
• The comparator prepares plates for the commercial printing side of the operation every week, normally towards the end of the week. However, if a job is urgent the Production Manager would ask him to prepare the plates earlier. He prepares plates for this side of the company every week.

FINISHING DEPARTMENT

• The comparator works in the finishing area between fifteen/twenty times a year. The duties he performed there were generally collating, binding machine, guillotine and packing. He would generally only report to the Finishing Department on the instruction of the Production Manager and again he would only work there for a couple of hours rather than for full days.

Job Holder: Mr. James McGrath
Job Title: Typesetter and Lithographer
Reports to: Production Manager
No: of Staff: None
Rate of Pay £315.90 per week. Hours in excess of the normal daily finishing time attracted overtime payment at agreed rates
Hours of Work: 9am to 6pm (Monday and Tuesday)
9am to 5pm (Wednesday and Thursday)
9am to 12.30pm (Friday).

TYPESETTING

• Mr. McGrath (Comparator D) performs typesetting duties for the newspaper and commercial printing areas of the company. His duties are focussed on the newspaper on Monday, Tuesday and Wednesday morning. His main area of work on the newspaper involves electronically "making up" the sports pages of the newspaper, which have colour elements to them (photographs) and were therefore a priority. The comparator opens computer based templates of the newspaper pages and inserts the date on them. He then creates a "picture box" from a "drop down" list generated by the PC software and uses a series of commands to insert the appropriate picture in it. Details of the picture, the page it is to appear on and the location within the page are furnished by the Editor. The comparator then created a "text box" from another "drop down" list and locates it on the margins of the electronic template. He locates the text associated with the photograph, which is prepared by the reporter and saved on the PC system and copies in the text using a series of computer commands. The comparator then creates another text box in the newspaper page template, instructing it to open a specific number of columns. In some cases the comparator is given a clear instruction on the size of the article , however, the decision was his on the majority of occasions. He copies the text from the text box in the margin to the box in the page template and adjusts the parameters of the text box until it looks right. If the text and the associated picture are uneven on the page, the comparator adjusts the size of the photograph or the text (as necessary) until they are level. This adjustment is carried out by the comparator subject to the approval of the Editor.
• Text for inclusion in individual sports pages are electronically retained at separate locations on the computer system. The comparator repeats the above process until all of the page is full, making decisions on the size of the items as he creates the template, so as to maximise the number of reports. However, the final decision on what appears in the newspaper rests with the Sports Editor, who signs off on the pages. When that approval is received by the comparator he ensures that the sports pages are transmitted to the operation in Derry by ISDN line. Sometimes he does this himself and other times he asks Ms. Treanor to do it (see the job specification for Ms. Treanor above).
• The comparator also typesets display advertisements, many of which are in colour. The process for this task is detailed in the job specification for Ms. Treanor above. Responsibility for the accuracy of the text rested with others and the Advertisement Manager "signed off" on those pages, the number of which was decided by the Editor (based on the number of colour advertisements). The comparator had discretion to adjust the layout and font of the text to fit it into the page.
• The comparator is responsible for monitoring material that is received via the ISDN line, although if he is busy he asks Ms. Treanor to perform this task. If photographs are received via the ISDN line the appropriate reporter (if identified) or the relevant Editor is informed. Text received via the ISDN line was generally for the Advertisement Department. This text was copied to the appropriate place on the system and a hard copy was printed off and physically brought to that Department for proofing etc.
• The comparator is also involved in typesetting for the commercial side of the organisation. He normally performs these functions on Wednesday afternoon, Thursday and Friday. The process was similar to typesetting for the newspaper. The comparator generally typeset for items that are colour - brochures, flyers, books, programmes. He collects these jobs from the box located in the Department and informs the Production Manager what he was working on. The process is similar to that outlined for Mr. Keenaghan above. A hard copy of the text is prepared for proofing and clearance by the client. The comparator carries out any corrections and prepares a second proof if necessary. The client "signs off" on the material at the end of the process, although the Production Manager was responsible for meeting deadlines, setting priorities etc.

SCANNING

• All photographs for inclusion in the "electronically made up" pages of the newspaper have to be scanned. The original photographs are furnished by the relevant Editor or the Advertisement Manager. The comparator places the photograph on a scanner which is located near his desk. He then issues a range of instructions from a "drop down list" on his PC. When the image is scanned it appears on the screen of his PC. He makes a judgement as to whether or not the image will reproduce clearly in the newspaper and uses a series of electronic tools to enhance or decrease the tones of the image as necessary, within a specific range of finishing parameters, which are retained on a chart in the Department. The image is then electronically stored in a "picture box" for inclusion in the newspaper page template. The process is the same whether the photograph are colour or black and white. The comparator scans all of the colour photographs. A similar process was followed for scanning negatives.

PRINTING PRESS
The comparator is a fully qualified Printer/Platemaker having served the necessary period of apprenticeship. He therefore operates the printing press during periods when the staff who normally perform that task are absent on annual leave or sick leave. In addition, the Production Manager asks him on occasion, approximately one-one and a half days every three weeks or so, to operate the printing press, when deadlines required it.

FINISHING
The comparator operates the binder (gluing machine) on occasion and would, on average, operate the guillotine on a weekly basis, for a short period, depending on the volume of work in his own Department and the finishing department. He performs duties in the finishing department at the request of the Production Manager. He is also able to repair the large stapler in the Finishing Department and consequently, he was asked, on occasion, to do so. He performs other work in the finishing department on average 3-4 times per year. The comparator has not worked in the paste-up area since June, 1998.

APPENDIX C

COMPARISON OF COMPLAINANTS AND COMPARATORS JOBS IN TERMS OF SECTION 7(1)(C) OF THE ACT

Ms. Treanor -v- the Four Named Comparators

SKILL

The complainant use an Applemac PC to perform her typesetting duties. She is required to have knowledge of a range of software applications which are operated, by and large, by means of a drop down list of computer assisted prompts. Similar operations apply to the scanning of photographs and transmission of the necessary pages of the newspaper to the plant in Derry. This role is also performed by Mr. McGrath (Comparator D). I note that Mr. Mc Grath has greater experience in this area than the complainant and that he would instruct and advise her on occasion on how to perform tasks if she ran into difficulty. In addition, Mr. McGrath would, on occasion, sign off on the feature pages typeset by the complainant. The complainant is required to exercise a degree of discretion and ingenuity (albeit restricted by the overall capacity of the software) when she performs typesetting duties for the commercial side of the organisation. I note she states that commercial typesetting has become a regular feature of her work since 1998 and her functions in the finishing department have become significantly less. The respondent adduced no evidence to rebut this assertion. I also note that Mr. McGrath operates a printing press on a periodic basis, a function which is not performed by the complainant, although the I do not consider the frequency with which he performs this task to be significant in the overall context of his job. Mr. McGloin, (Comparator A) has overall responsibility for the quotations to clients which requires knowledge of a range of raw materials necessary for completion of the printing job and the suppliers that can supply same. He also liaises with the printer to discuss technical aspects of the material. Mr. Keenaghan (Comparator B) performs similar typesetting duties to the complainant, although it is on different sections of the newspaper. Mr. Cassidy (Comparator C) also performs typesetting and scanning duties similar to those performed by the complainant. However, in addition he produces the printing plates, on a weekly basis, for the colours pages of the newspaper and also performs compositing duties - which are essentially producing negatives for the printing plates, all tasks which require skills the complainant does not possess. He also works on manual paste up on Mondays which requires him to manually prepare the text of a newspaper page by affixing text on a gridded template. The location etc. of an article is a matter for Mr. Cassidy to decide having regard to the space available.

I find that the skills required of the complainant and comparators B and D to be equal. I find that the skills required of comparators A and C to be greater than those required of the complainant.

PHYSICAL EFFORT
The complainant, Mr. Keenaghan (Comparator B), Mr. Cassidy (Comparator C) and Mr. McGrath (Comparator D) all perform their typesetting functions in the same general area. This requires lengthy periods sitting at a desk and occasional movement within the immediate vicinity. Mr. Cassidy works in another area of the building when he produces the negatives and printing plates for the newspaper. This involves some lifting and bending and the operation is generally performed standing up. Manual paste up is also performed either standing or sitting on a high stool Mr. McGloin works throughout the building as necessary.

I find that the physical effort required of the complainant and
comparators A, B and D to be equal. I find that the physical effort required of comparator C to be greater than that required of the complainant

MENTAL EFFORT
The complainant, Mr. Keenaghan (Comparator B), Mr. Cassidy (Comparator C) and Mr. McGrath (Comparator D) all require a good working knowledge of the necessary computer software to perform typesetting duties. Whilst the tasks are generally prompted by "drop down" lists by the software, there are occasions when all four employees must adjust the font size or some other aspect of the text to fit into the space provided for the piece. This requires a good working knowledge of what the finished article should look life. Mr. Cassidy is required to have knowledge of the machinery he operates when screening, compositing and producing the printing plates. In addition, he must decide whether or not the finished articles following both the screening and compositing processes are up to the necessary standard to reproduce in the printing process, and take appropriate action if not. When performing manual paste up duties a certain degree of precision is involved in placing the text on the gridded template and some adjustment is necessary. The complainant and Mr. McGrath also need to know the necessary commands to perform the scanning process and transmission of the material along the ISDN line. Mr. Mc Gloin exercises considerable mental effort in that he must be able to issue a quotation for a job, having regard to all of the elements involved, including any technical items. He is also responsible for delegating and prioritising jobs on the commercial side of the organisation and monitoring them to ensure they meet the appropriate deadline. In addition, he is responsible for ensuring that the various deadlines for printing of the newspaper are met.

I find that the mental effort required of the complainant exceeds that required of comparator B and to be equal to that required of comparator D I find that the mental effort required of comparators A and C to be greater than that required of the complainant.

RESPONSIBILITY
The complainant, Mr. Keenaghan (Comparator B), Mr. Cassidy (Comparator C) and Mr. McGrath (Comparator D) exercise some discretion in certain aspects of the typesetting duties. However, the final shape and content of the newspaper page is signed off by the relevant editor or department head. Responsibility for the final accuracy of the text also rests with somebody else, whether for the newspaper of the commercial printing operation. Similarly, any manual paste up page is signed off by the relevant editor. Mr. Cassidy has responsibility to ensure the standard of the negatives, screened photographs and printing plates are sufficient to provide clean prints of the newspaper or other publication. Mr. McGrath does on occasion advise the complainant on certain aspects of her job and asks her to perform certain tasks. However, I am of the view that this arrangement comprises sharing of a pool of work which the department must complete within a finite timeframe, and the mentoring of a less experienced member of staff by an experienced employee and is not premised on any significant supervisory role being exercised by Mr. McGrath over the complainant. I note that Mr. McGrath on occasion, assumes the role of Mr. McGloin insofar as adherence to the deadlines for transmission of the relevant material to Derry is concerned, however no evidence was adduced by the respondent to demonstrate that this was of any significance in the overall scheme of things. Mr. McGloin (Comparator A) has overall responsibility for co-ordination of the newspaper and commercial printing operations of the respondent, including all matters relating to staff issues and customer queries.

I find that the demands made on the complainant are equal to those placed on Comparators B and D in terms of responsibility. I find that the demands placed on comparators A and C exceed those placed on the complainant in terms of responsibility

WORKING CONDITIONS
The complainant, Mr. Keenaghan (Comparator B), Mr. Cassidy (Comparator C) and Mr. McGrath (Comparator D) all work in close proximity to one another when performing typesetting duties. Mr. Cassidy performs the remainder of his functions in other areas of the building. These areas are not significantly different from the typesetting department in terms of temperature, although they are smaller. Attendance hours for all four are identical, with overtime rates applying for hours in excess of the normal working week. Mr. McGloin (Comparator A) works in all areas of the building as necessary but has a small office adjacent to the Finishing department. His normal working week is the same as the others but he does not received overtime for extra attendance. Instead he receives an incentive bonus of £2,000 per annum.

I find that the demands made on the complainant and the comparators to be equal in terms of working conditions. Ms. McShea -v- the Four Named Comparators

SKILL
The complainant performs proof-reading functions for the newspaper side of the organisation every Tuesday and Wednesday, although this function could also be required on Monday. The process involves ensuring the accuracy of the text which appears in certain pages of the newspaper which has been typeset by other employees. She also proof reads for the commercial side of the organisation. When working in the finishing department she must be aware of the necessary settings on the various machines in that area to complete the necessary task. The skills required and operated by the comparators are set out in the comparison of Ms. Treanor's post above.

I find that the skills required of the comparators is greater than those required of the complainant

PHYSICAL EFFORT
The complainant performs her proof reading duties in a small enclosed area adjacent to the finishing department. The task is performed sitting down. However, she is required to walk to the typesetting area to deliver and collect individual jobs. There is considerable physical effort required during her time in the finishing department. Most of the tasks are performed standing up. Collating involves walking around a table collecting sheets as she goes. Binding and packing involves considerable amounts of lifting, bending and stretching. The physical effort required of the comparators are set out in the comparison of Ms. Treanor's post above.

I find that the physical effort required of the complainant to be greater than that required of comparators A, B and D and to be equal to that required of comparator C.

MENTAL EFFORT
The complainant must exercise a high degree of mental effort when performing proof reading functions, as she is ultimately responsible for the accuracy of the text. This extends to the dimensions of any advertisement and associated logo. However, this only arises on two days of her working week. When working in the finishing department she exercises a type of quality control when collating, ensuring that the pagination is correct and no blank or reject pages are collated. She must also ensure while packing, that the items packed correspond to the worksheet and that the despatch details are correct. Many of the tasks in the finishing department are mundane and repetitious, although vigilance must be exercised by the complainant, particularly when operating machinery. The mental effort required of the comparators are set out in the comparison of Ms. Treanor's post above

I find that the mental effort required of the comparators to be greater than that required of the complainant

RESPONSIBILITY
The complainant exercises a significant degree of responsibility during the periods she is proof reading for the newspaper, in that she is ultimately responsible for its accuracy. This responsibility is exercised to a lesser degree when proof reading for the commercial side of the operation. When working in the finishing department she can select a job from the appropriate basket but is ultimately under the control of the Production Manager from whom she takes instructions as necessary. In addition, any instructions in respect of the job are contained on the work sheet, the complainant exercises no discretion in this area. She has responsibility for ensuring that any deadlines on her tasks are met, although ultimate responsibility for this rests with the Production Manager. The complainant has no staff supervision responsibilities. The responsibilities of the comparators are set out in the comparison of Ms. Treanor's post above.

I find that the demands placed on comparators exceed those placed on the complainant in terms of responsibility

WORKING CONDITIONS
When proof reading the complainant is situated in an enclosed area adjacent to the finishing department. This work is generally performed while seated. The finishing department contains a number of machine and can be quite noisy at times. In addition, the temperature is prone to fluctuate and could be cool, particularly when the dispatch area is in use. Attendance patterns and overtime is the same as those set out in the comparison of Ms. Treanor's job above.

I find that the demands made on the complainant to be greater than those made on the comparators in terms of working conditions Ms. Cassidy -v- the Four Named Comparators

SKILL
The majority of the complainant's time is spent in the finishing area. In this regard she must have the knowledge and skills to operate the various machines similar to those required by Ms. McShea. She generally works one day a week in the manual paste up area and carries out functions similar to those performed by Mr. Cassidy (Comparator C). She carries out some of the customer related tasks associated with the commercial printing side of the respondent when the Production Manager is absent. However, these duties did not include technical advice to printers or staff related matters, other than indicating to staff what particular printing jobs were a priority. Whilst the complainant was able to perform scanning, plate making and typesetting tasks she did so on a very infrequent basis. The skills required and operated by the comparators are set out in the comparison of Ms. Treanor's post above.

I find that the skills required of the comparators is greater than those required of the complainant

PHYSICAL EFFORT
The physical effort exercised by the complainant while working in the finishing department is similar to that set out in the comparison of Ms. McShea's post above. The physical effort exerted in manual paste up is not significant (staff can stand or sit on a high stool). Little physical effort is required when performing duties associated with the role of Production Manager.

I find that the physical effort required of the complainant to be greater than that required of comparators A, B and D and to be equal to that required of comparator C.

MENTAL EFFORT.
When working in manual paste up the complainant exercises the same degree of mental effort as that exercised by Mr. Cassidy (Comparator C) when he works in that area. The mental effort required whilst working in the finishing department is set out in Ms. McShea's comparison above. The complainant does prepare and issue quotations to customers as regards commercial printing jobs, but she does so on the basis of a formula prepared by the Production Manager which is located in his office. She also deals with customer queries but would not possess the extensive knowledge the Production Manager or printers possess as regards technical issues.

I find that the mental effort required of the comparators to be greater than that required of the complainant

RESPONSIBILITY
When working in the finishing department she can select a job from the appropriate basket but is ultimately under the control of the Production Manager from whom she takes instructions as necessary. She has responsibility for ensuring that any deadlines on her tasks are met, although ultimate responsibility for this rests with the Production Manager. In addition, any instructions in respect of the job are contained on the work sheet, the complainant exercises no discretion in this area. When working in manual paste up she is aware of the relative urgency of each page and acts accordingly, although she is subject to direction if necessary.. She decides the location of a particular article on a particular page. Responsibility for "signing off" on a page rests with the relevant editor or department head. The complainant is authorised to issue quotations to customers of her own volition, based on the formula prepared by the Production Manager. She can also advise staff of the relative priority attached to various jobs but has no staff supervision role and cannot authorise annual leave or overtime and has no function in staff discipline matters. The responsibilities of the comparators are set out in the comparison of Ms. Treanor's post above.

I find that the demands placed on the comparators to be greater than those placed on the complainant in terms of responsibility

WORKING CONDITIONS
The working conditions in the finishing department are set out in the comparison of Ms. McShea's job above. When dealing with tasks associated with the role of the Production Manager the complainant could be situated anywhere around the building, although quotations would normally be prepared in the Production Manager's Office. Working conditions in the manual paste up area are the same as those indicated above for Mr. Cassidy (Comparator C). Attendance patterns and overtime is the same as those set out in the comparison of Ms. Treanor's and Ms. McShea's jobs above.

I find that the demands made on the complainant to be greater than those made on the comparators in terms of working conditions