Labour Court Database
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File Number: CD/92/547
Case Number: LCR13850
Section / Act: S26(1)
Parties: THE IRISH TIMES - and - DUBLIN PRINTING GROUP OF UNIONS
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Subject:
Dispute concerning Clause 3 of the Programme for Economic and Social Progress (P.E.S.P.).
Recommendation:
5. The Court is of the opinion that the seeking of negotiations
under Clause 3 of the Programme for Economic and Social Progress
by the Group of Unions is reasonable in the circumstances.
The Court accordingly recommends that the parties commence such
negotiations as soon as possible, regard being had to the total
provisions of the Programme
Division: Ms Owens Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD92547 RECOMMENDATION NO. LCR13850
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: THE IRISH TIMES
and
DUBLIN PRINTING GROUP OF UNIONS
SUBJECT:
1. Dispute concerning Clause 3 of the Programme for Economic and
Social Progress (P.E.S.P.).
BACKGROUND:
2. In April, 1992 the Group of Unions met with the Company to
seek implementation of a 3% increase under Clause 3 of P.E.S.P.
The Company rejected the claim. The dispute was referred to the
Labour Relations Commission on 9th May, 1992. A conciliation
conference was held on 24th August, 1992. As no agreement was
reached the Commission, with the consent of the parties, referred
the dispute on 8th September, 1992 to the Labour Court for
investigation and recommendation under Section 26(1) of the
Industrial Relations Act, 1990. A Court hearing took place on
12th November, 1992 (the earliest date suitable to the parties).
GROUP'S ARGUMENTS:
3. 1. Clause 3 of P.E.S.P. provides for negotiations at local
level of an additional 3% of weekly basic pay. The Company,
by refusing to negotiate are in breach of the Agreement.
2. The Company, through the Employers' organisations are
party to the Agreement and as a consequence are bound by its
terms.
3. The Company has performed well in recent years and is a
profitable concern.
4. The Court is asked to recommend that the Company adhere to
the terms of P.E.S.P. and enter into negotiations with the
Group on the payment of 3% increase under Clause 3.
COMPANY'S ARGUMENTS:
4. 1. The Company has already negotiated increases under
agreements for the implementation of 'direct input' with
Unions representing 413 workers over and above the increases
provided for under Clause 3 of P.E.S.P. (details supplied to
the Court). In addition, negotiations are ongoing with
representatives of 40 workers.
2. Despite worsening trading difficulties over the past two
years (details supplied to the Court) the Company has met its
commitments under the Clause 1 of P.E.S.P.
3. In order to remain competitive and secure employment the
Company must invest heavily in new technology to keep abreast
of developments taking place in other Irish and English
newspapers. As the Company is a Trust with no shareholders it
must fund the required investment from within its own
resources.
RECOMMENDATION:
5. The Court is of the opinion that the seeking of negotiations
under Clause 3 of the Programme for Economic and Social Progress
by the Group of Unions is reasonable in the circumstances.
The Court accordingly recommends that the parties commence such
negotiations as soon as possible, regard being had to the total
provisions of the Programme
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Signed on behalf of the Labour Court
Evelyn Owens
___________________
23rd November, 1992. Deputy Chairman.
M.D./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Daughen, Court Secretary.