FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(2), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ROSCOMMON HERALD (REPRESENTED BY THOMAS CROSBIE HOLDINGS LTD) - AND - UNITE/AMICUS DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. On-going change Clause 1.9(iv) of Towards 2016.
BACKGROUND:
2. In 2005 Thomas Crosbie Holdings acquired the Roscommon Herald as part of the Examiner Group. The paper employs 24 staff in total and the Union represents a number of them in the pre-press production area.
Over the years changes and reorganisation have taken place affecting the members of the Union. Job functions and responsibilities have changed and employees have co-operated with training when new technology systems were introduced.
The claim before the Court is in respect of an increase in pay rates including public holiday premium on the basis of cooperation with what the Union regard as more than normal change. The Union are also claiming that there are pay differences with other newspapers within the Group.
The Company rejected the claim stating that it is in breach of Towards 2016.
The Union referred the dispute to the Labour Relations Commission and a conciliation conference took place on the 17th July, 2007. As agreement was not reached, the dispute was referred to the Labour Court on the 20th December, 2007, in accordance with the terms of Sustaining Progress on behalf of the parties under Section 20(2) of the Industrial Relations Act, 1969, with both parties agreeing to be bound by the recommendation of the Labour Court. A Labour Court hearing took place on the 1st April, 2008.
UNION'S ARGUMENTS:
3. 1. The Union maintains that over the years their members have seen a consistent earnings gap grow which is out of line with the industry norm.
2. Between 2002 and 2006 the Workers on several occasions made significant changes to both working days and hours in order to meet new deadlines for print slots. This has also included the necessity to work public holidays.
3. The Union rejects the Employer's assertion that the issues involved in this dispute fall under 'normal ongoing change' as provided for in Towards 2016.
COMPANY'S ARGUMENTS:
4. 1. The Company maintains that any changes which have taken place in the Roscommon Herald over the last few years fall within the definition of ongoing change as defined in Clause 1.2 of Towards 2016.
2. Public holiday working is a feature of regional newspapers to a greater or lesser extent. Public holiday payment has increased to T+1.75% with a minimum payment for 6 hours, irrespective of the number of hours actually worked.
3. The Company maintains that the claim is clearly cost-increasing and is contrary to Clause 1.4 of Towards 2016.
RECOMMENDATION:
The Union submitted claims for an increase in the rate of pay and an improvement to the public holiday premium in respect of the changes which have occurred in the Company over the years, which it submitted were in excess of the normal ongoing change within the newspaper industry. The Company rejected the claims and held that any changes which have taken place in the last few years, fall within the definition of normal ongoing change, consequently the claims were cost-increasing under the terms of “Towards 2016”.
Clause 1.9(iv) of the pay agreement associated with Towards 2016 provides that where there is disagreement as to what constitutes normal ongoing change, after local discussions the matter may be referred to the LRC and, if unresolved, it shall jointly be referred to the Labour Court for adjudication under Section 20 (2) of the Industrial Relations Act, 1969 and the parties will accept the outcome.
Having given consideration to the arguments put forward by the Union, the Court is not satisfied that the changes introduced amounted to significant change. Accordingly, the claims are cost-increasing and are consequently debarred by the terms of the agreement.
Therefore, the Court cannot find in favour of the Union's claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd April, 2008______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.