FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : THE IRISH TIMES - AND - IRISH PRINT UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Interpretation Of Agreement/Manning
BACKGROUND:
2. The Irish Times Ltd employs 524 people, 84 of whom are employed at the print facility in Citywest. The dispute, which involves 13 permanent members of SIPTU [Irish Print Group, (IPG)] who are employed as printers in the Citywest Plant ,is in relation to the interpretation of a 2002 House Agreement between the Company and the Union in so far as it relates to the establishment of a Press Team comprised of existing SIPTU (IPG) printers and SIPTU (Printing Trades Branch) workers whose roles have been displaced by technology.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 5th October, 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 30th November, 2005.
COMPANY'S ARGUMENTS:
3. 1.The changes are a re-organisation due to the introduction of new technology. The 2002 Agreement with SIPTU (IPG) and all other union groups specifically provides for the re-organisation of structures, processes and the redeployment of staff displaced by technology.
2. The Company cannot be required to recruit additional external staff when it has existing permanent staff displaced by technology and without full-time roles. Redeployment is provided for in all Company agreements.
3. The Company has committed to recruiting two additional permanent skilled SIPTU (IPG) printers.
UNION'S ARGUMENTS:
4. 1. The changes that Management are proposing are to do with changes in technology within work carried out by the Printing Trades Branch which include proposals to train members from the reel and mailroom to carry out the trade of printers.
2. The proposal by Management to train people to work the press is contrary to the 2002 Agreement, Paragraph 40 on Task Sharing and Cross-Skilling. "The purpose of task sharing is not to erode the trade of any group".
3. Granting cards to people who have not served their apprenticeships and received certification through NAAC is eroding the trade of the printers in The Irish Times.
RECOMMENDATION:
Having considered the submissions of the parties and having examined the 2002 Agreement, it is the view of the Court that the intentions of the Company are generally covered by the terms of Paragraphs 3 and 5 of the Agreement (subject to the provisions of Paragraph 7 regarding consultation). The Court accepts that it is not the intention of the Company to erode the Trade as set out in Paragraph 40 of the Agreement.
The Court notes:
(1) the intention of the Company to maintain employment in the Company;
(2) the intention of the Company to employ two further permanent skilled printers;
(3) The Company's commitment to fully retrain specified workers who are surplus to requirements in other areas.
In the interest of the maintenance of employment in the Company generally, the Court recommends that the Company's interpretation of the Agreement be accepted by the Union subject to full consultation on manning, retraining and filling of vacancies.
Signed on behalf of the Labour Court
Raymond McGee
8th December, 2005______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.