INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
LAKESHORE PRODUCTIONS LTD
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
BUILDING AND ALLIED TRADES UNION
Chairman: Mr McGee
Employer Member: Mr Grier
Worker Member: Ms Ni Mhurchu
1. Location base for construction crew.
2. The dispute before the Court concerns a disagreement between the construction group of Unions in the film industry and the Company as to where the actual designated work base for the construction crew working on the film 'Blackwater lightship' was located. Work on the film began in Sandyford industrial estate and then moved to Ardmore studios. The Unions contend that the base was in Sandyford Industrial Estate and are seeking payment of allowances and expenses are per an agreement between the parties for work carried out at Ardmore studios. The Company rejected the claim on the basis that Ardmore studios was the actual base.
- 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 15th April, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 10th August, 2004, the earliest date suitable to the parties.
3. 1. Before production commenced discussions took place to discuss the terms and conditions for the construction crews. The Company stated that the location base would be in Sandyford and the workers commenced work at this location.
2. After a number of weeks the Company decided to move to Ardmore studios. The change of location was never discussed with the Unions and was never agreed.
3. The move involved extra travel for the construction crews involved. Despite repeated representations by the Unions on this matter, the Company refused to compensate the members to the full extent of their losses.
4. 1. It is normal practice to nominate a construction base before production commences and the crew were informed, when hired, that the location base would be in Ardmore studios and that the Sandyford workshop was a temporary arrangement for a couple of weeks.
2.Expenses including travel, mileage, meal allowances, were paid to the construction crew for the period they were based in Sandyford and were paid expenses to all locations from the Ardmore studios for the total of their employment. By accepting the expenses for Sandyford, they were recognising that the base was Ardmore studios.
3.When working in Ardmore studios it is normally a "free zone" where no expenses are paid for work in the base. The Company contends that the Unions claim is not a valid claim and therefore should be rejected.
Having considered the submissions and reviewed the evidence in this case, the Court is satisfied that the base was Ardmore Studios and does not therefore recommend concession of the union claim.
Signed on behalf of the Labour Court
23rd December, 2004______________________
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.