Labour Court Database __________________________________________________________________________________ File Number: CD92247 Case Number: LCR13744 Section / Act: S26(1) Parties: AER LINGUS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
A dispute regarding rationalisation issues under the "Recovery Programme" for 285 clerical shift workers involved with the Company's ground operations.
Recommendation:
5. The Court has very carefully considered the submissions made
by the parties in respect of the various items at issue. It is of
the opinion that the changes sought by management must be viewed
in particular in the context of the Aer Lingus Recovery Plan
insofar as the matters in contention represent the practical
application of the Plan to the staff involved.
Shift Patterns and Starting Times
The Court has considered the arguments made by the parties and
whilst noting the objections to the proposed changes and the
general comments on the impact of shift work in the report
commissioned by the Union, is of the opinion that the change
required is marginal and is within the existing shift pattern.
Set against the savings to the Company which are essential to the
Recovery Programme the Court recommends that this proposal be
accepted. The Court would however consider any extension of the
earlier starting time either in terms of time or numbers involved
beyond that presently proposed by the Company to be a major change
in conditions that would require further negotiations.
This recommendation is in the context of the numbers proposed for
the 5.00 a.m. shift contained in the Company's submission and does
not apply to any extension of this number.
It is the opinion of the Court that any fundamental restructuring
of the shift rostering system is a matter for consideration by the
parties outside the terms of the present Agreement.
Time in Lieu etc
Again taking into consideration the position accepted by both
parties to the Recovery Plan, the Court is of the opinion that in
the circumstances the Company's proposal made at the conciliation
conference on the 30th July, 1991 is reasonable and should be
accepted, if necessary for a fixed period of time pending an
improvement in the Company's situation. The Court so recommends.
Roster Duty Allowance
The Court is of the opinion and recommends that should the workers
concerned agree to the proposal above, the Company should not
pursue this claim.
Local Agenda Items
The Court notes that progress seems to have been made at direct
discussions on a number of these items and that it is agreed that
yet further negotiations are required on some of the outstanding
issues. It does recommend that where a measure of agreement
exists, and proposals do not worsen the conditions or reduce the
earnings of staff that they should be implemented without further
delay.
Signed on behalf of the Labour Court
John O'Connell
_______________________
21st August, 1992 Deputy Chairman.
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.
Division: Mr O'Connell Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD92247 RECOMMENDATION NO. LCR13744
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: AER LINGUS
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. A dispute regarding rationalisation issues under the "Recovery
Programme" for 285 clerical shift workers involved with the
Company's ground operations.
BACKGROUND:
2. 1. In February, 1991, the Company and the Union concluded an
agreement on a "Recovery Plan" designed to effect cost savings
on pay roll, work practices, overheads and the introduction of
a quality focus programme. Agreement was reached with the
clerical group on the introduction of the terms of the
Programme for Economic and Social Progress (P.E.S.P.) and the
deferral of increments. The parties have not been able to
make progress on other issues:
1. Shift patterns and starting times.
2. Time in lieu for Public Holidays.
3. Roster duty allowances.
4. Ground Operations - Local Agenda.
2. Conciliation conferences were held on 30th July, 1991 and
3rd February, 1992. Following the first conciliation
conference, there was agreement on some issues and a
commitment that others would be progressed locally. One
meeting was held locally which was adjourned to allow the
Company consider a report presented by the Union on the
proposed shift schedule changes (details supplied). No
further local meetings were held as the Union withdrew from
all discussions on the "Recovery Plan" when the Company
introduced the "Support Structures Review" which affected the
clerical area (details supplied).
3. There is no agreement between the parties on any of the
above issues and the final conciliation conference on 3rd
February, 1992 was unable to progress any of the issues. The
dispute was referred to the Labour Court for investigation and
recommendation on 15th April, 1992. A Labour Court
investigation took place on 2nd June, 1992 the earliest date
suitable to both parties.
UNION'S ARGUMENTS:
3. 1. Shift patterns and starting times
The ground operation workers cover the airline's schedule on a
24 hour basis with 13 different shift start times and a
separate night shift. The workers can be rostered to work any
of the shifts on any day there is no set pattern. The roster
is produced fortnightly and this makes advance planning for
staff concessions impossible. The 13 shift schedule begins at
06.00 and ends at 23.30. The proposed introduction of an
0445/0500 duty will create more difficulties. The Union
requested Dr. Richard Wynne of the Work Research Centre to
examine the present shift system and the effect of the
proposed new one. The report (details supplied) confirmed
that there were health and safety implications with shift
work. These would be worsened by the proposed new shift.
Clause 10 of the framework for agreement states "cost
cutting will not effect safety and equality issues".
2. Time in Lieu for public holidays
A worker who works one of the 8 public or 2 Company holidays
is entitled to a normal day's pay and either a double day's
pay or 2 days in lieu. New intake staff (145 recruited post
1st November, 1987) are only entitled to a double day's pay
for their first 5 years of employment. Of the workers
recruited before 1st November, 1981, 13 take payment while 132
take lieu days. The 5 year catching up period for new-intake
workers is running out and the effort by the Company to make
payments for public holidays rather than give the option of
days in lieu is an attempt to deprive both categories of
worker of their entitlements. The Union is unable to accept
the Company's proposal as it takes no account of the effects
of shift work on the family or social life and the need for a
recovery time for shift workers. With the present shift
system, the lieu day option is not only desirable but
essential. The Company has said that lieu days must be
stopped because of overtime costs. This is easily disproved
(details supplied). The Company has the facility to plan for
cover for lieu days up to a year in advance. The Company has
already discretion in the allocation of lieu days. With the
exception of unplanned lieu-days, the standard lieu-days are
planned well in advance (details supplied). Any change in the
current situation can only be discussed in the context of a
complete roster review which would incorporate shift patterns,
starting times and arrangements for working bank holidays.
3. Roster Duty Allowances
At conciliation on 30th July, 1991, the following proposal was
put forward by the Company.
"The roster duty allowance payable during training will
be the equivalent of the applicable early duty
allowance or the appropriate roster duty allowance for
the shift actually worked while training".
The Union decided that this proposal would be put to ballot
with the other issues of the "Recovery Plan" when agreed.
This has not happened but the Union will have to reconsider
its position in the light of the new proposal by the Company
to extend its application to special duties such as Union
meetings and Labour Court hearings.
4. Ground Operations - Local Agenda
This area of negotiation includes flexibility between flight
services and station staff, multi-stand handling, flight
information and newspaper distribution. These items have been
negotiated locally and would most likely have reached a
satisfactory conclusion but for the Company introducing yet
another plan - the Support Structures Plan (details supplied).
The Union feels that acceptable agreements can be negotiated
in the areas of franchise, flight information and newspaper
distribution. The issue of flexibility between departments
can be dealt with when both departments are dealing with
similar proposals and can formulate a joint response. The
issue of multi-stand handling has a safety consideration for
the workers (details supplied).
5. The workers have co-operated with every aspect of the
Recovery Programme except items which would compromise on
health and safety grounds i.e. shift patterns and starting
times, lieu days and multi-stand handling. The Union will
however, discuss a regularised shift system which would meet
the Company's needs and safeguard the welfare of the workers.
COMPANY'S ARGUMENTS:
4. 1. Shift patterns and starting times
The Company is seeking an 0500 duty to begin the shift start
times in order to meet its passengers requirements in the 4
flight departures between 0540 and 0700 (details supplied).
These flights are now handled by workers on night duty which
is not cost effective as workers are on duty all night to
handle flights which operate at the end of the shift. The
0500 start is standard with several major European airlines
(details supplied) and the introduction of the duty will mean
a saving of 6 man years and in monetary terms would save
#88,000 per year.
2. Time in lieu for Public Holidays
All workers who work roster or shift duties are liable to be
rostered for work on public or company holidays. The option
of taking time in lieu instead of payment for working these
days was always intended to be at the Company's discretion.
For workers who joined the Company before 1st November, 1987,
the compensation if time in lieu is taken, is payment for the
public or company holidays plus 2 days off, in effect triple
time. When it was first introduced, the number of workers
availing of the time in lieu option was small, now 132 of the
145 who are entitled take the option. The majority of lieu
days have to be covered by overtime (double-time) and at
present 2,376 days must be covered. In 1995, when new-intake
workers become entitled to lieu days, it is expected that 4140
days will have to be covered. The Company proposed on 30th
July, 1991, the following:-
"(1) Time in lieu for working Public or Company Holidays
will be entirely at the discretion of local
management, payment for such days will in future be
the norm.
(2) A person working the Public/Company Holiday, or by
operational requirements five duties in a week in
which a Public/Company holiday occurs, will be
entitled to a normal day's pay plus either
(a) A double day's pay or
(b) A day's pay plus one day in lieu, the lieu day
to be allocated at local management
discretion.
Depending on operational requirements it will be
the Company's intention to roster as many staff as
possible free on Public/Company holidays in
addition to the normal rest days in that week".
The time in lieu proposal has significant cost benefits to the
Company and brings the Company into line with its major
competitors. It is an essential part of the "Recovery Plan".
3. Roster duty allowance
At present the allowance paid during training is the same as
the annual leave allowance and this is higher than either the
early or late duty allowance. The proposal as originally
suggested applies to training but should also apply to special
duties such as Union meetings and Labour Court hearings. The
annual leave roster duty allowance should only apply to actual
leave.
4. Local Agenda Items - ground operations
The issues of flight information, claims handling and
newspaper distribution could be implemented immediately
with the co-operation of the workers. The issues of
flexibility between departments and multi-stand handling
requires further discussion. There is potential savings of
#150,000 per year on these items.
5. In the agreement on the Recovery Plan, it was envisaged
that there would be swift negotiations, agreement and
implementation of efficiency items. The Recovery Plan was
designed to apply to all improvements and all levels and
categories of staff. To date, no efficiency improvements have
been achieved in either ground operations or cargo handling.
The Company has not achieved the targets set out in the
Recovery Plan and since the plan was designed, the financial
position of the Company has worsened (details supplied).
RECOMMENDATION:
5. The Court has very carefully considered the submissions made
by the parties in respect of the various items at issue. It is of
the opinion that the changes sought by management must be viewed
in particular in the context of the Aer Lingus Recovery Plan
insofar as the matters in contention represent the practical
application of the Plan to the staff involved.
Shift Patterns and Starting Times
The Court has considered the arguments made by the parties and
whilst noting the objections to the proposed changes and the
general comments on the impact of shift work in the report
commissioned by the Union, is of the opinion that the change
required is marginal and is within the existing shift pattern.
Set against the savings to the Company which are essential to the
Recovery Programme the Court recommends that this proposal be
accepted. The Court would however consider any extension of the
earlier starting time either in terms of time or numbers involved
beyond that presently proposed by the Company to be a major change
in conditions that would require further negotiations.
This recommendation is in the context of the numbers proposed for
the 5.00 a.m. shift contained in the Company's submission and does
not apply to any extension of this number.
It is the opinion of the Court that any fundamental restructuring
of the shift rostering system is a matter for consideration by the
parties outside the terms of the present Agreement.
Time in Lieu etc
Again taking into consideration the position accepted by both
parties to the Recovery Plan, the Court is of the opinion that in
the circumstances the Company's proposal made at the conciliation
conference on the 30th July, 1991 is reasonable and should be
accepted, if necessary for a fixed period of time pending an
improvement in the Company's situation. The Court so recommends.
Roster Duty Allowance
The Court is of the opinion and recommends that should the workers
concerned agree to the proposal above, the Company should not
pursue this claim.
Local Agenda Items
The Court notes that progress seems to have been made at direct
discussions on a number of these items and that it is agreed that
yet further negotiations are required on some of the outstanding
issues. It does recommend that where a measure of agreement
exists, and proposals do not worsen the conditions or reduce the
earnings of staff that they should be implemented without further
delay.
Signed on behalf of the Labour Court
John O'Connell
_______________________
21st August, 1992 Deputy Chairman.
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.