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2003

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LCR17405

FULL RECOMMENDATION

CD/02/637
RECOMMENDATIONNO.LCR17405
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969



PARTIES :
ASSOCIATED NEWSPAPERS (IRELAND) T/A IRELAND ON SUNDAY

- AND -

NATIONAL UNION OF JOURNALISTS (NUJ)


DIVISION :

Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Mr. Somers
SUBJECT:
1. Working arrangements for public holidays over Christmas/New Year period 2002/2003.


BACKGROUND:

2. The dispute before the Court concerns a claim by the Union on behalf of twenty seven journalists and photographers regarding working arrangements on the public holidays over Christmas/New Year period 2002/2003.

The dispute arose in October, 2002, when the Company issued a memorandum to staff in the newsroom setting out its policy on working arrangements over the Christmas holiday period covering Christmas Day, St Stephen's Day and New Year's Day. The Union argues that the policy was implemented without consultation with the staff concerned. The company states that staff were spoken to on an individual basis and were facilitated.


The issue was referred to the Labour Court on the 30th of October, 2002, in accordance with Section 20(1) of the Industrial Relation's Act, 1969. A Labour Court hearing took place on the 22nd of January, 2003, the earliest date suitable to the parties.

The Union agreed to be bound by the Court's recommendation.

UNION'S ARGUMENTS:

3. 1. The practice in other Newspaper Companies is that there is consultation with the Union on such matters.

2. Staff should have been consulted collectively in each department and their needs identified in relation to annual leave arrangements prior to the circulation of the document.

COMPANY'S ARGUMENTS:

4. 1. It is the policy of the Company to consult on an individual basis with all members of staff regarding the taking of annual leave.

2. Prior to the circulation of the document, a number of employees approached Management seeking information regarding the taking of annual leave over the period concerned and they were facilitated as far as possible.


RECOMMENDATION:

The Court notes that the subject matter of the dispute referred to the Court concerns the interpretation of several provisions of the Organisation of Working Time Act, 1997. What is at issue is the nature of the obligation imposed on an employer by those provisions to consult with employees (or a trade union of which they are members) in relation to the timing of annual leave. Issues have also been raised in relation to the entitlement of workers in respect of Public Holidays under the Act.

The Organisation of Working Time Act provides a procedure by which complaints alleging an infringement of the Act may be pursued. In the Court's view those procedures should be utilised where parties wish to obtain a definitive interpretation of the Act. If the Court were to deal with such disputes by way of an investigation under Section 20(1) of the Industrial Relations Act, 1969 it would usurp the functions of a Rights Commissioner under the 1997 Act and the Court’s own appellate role under that Act.

Accordingly, the Court will deal with the matter as an industrial relations dispute concerning consultation procedures.

The Court believes that it would have been better if the Company had consulted staff collectively on a departmental basis to ascertain who required leave over Christmas and to consider the criterion on which leave could be granted having regard to the exigencies of the business.

The Court recommends that such an approach be adopted should a similar situation arise again.




Signed on behalf of the Labour Court



Kevin Duffy
6th February, 2003______________________
GB/MB.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.




 
 
 
 
 
 
 
 
 

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