Labour Court Database __________________________________________________________________________________ File Number: CD92272 Case Number: LCR13665 Section / Act: S26(1) Parties: AER LINGUS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
A dispute regarding a review of starting times for loaders and cleaners (general operatives).
Recommendation:
5. Having considered the issues involved in this case, the Court
is satisfied having regard to the requirements of a national
airline, that the financial and customer service objectives
underlying the Company proposals on starting times are reasonable.
The Court is also conscious, of the custom and practice which has
built up around the early morning starts and the concern of the
workers to retain it.
The Court therefore recommends that the Union accept the changes
in rostered starting times as proposed by the Company and that
these should be introduced not later than 1st September, 1992.
The Court also recommends that before the introduction of the new
starting times the parties should examine the rosters to see how
they can best accommodate the preferences of the workers concerned
in respect of early and late starts.
Division: Mr Heffernan Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD92272 RECOMMENDATION NO. LCR13665
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 a review of starting times for loaders and
cleaners (general operatives).
BACKGROUND:
2. 1. In February, 1991, the Company and the Union concluded an
agreement on a "Recovery Plan" designed to effect cost savings
on payroll, work practices and overheads, in addition to the
introduction of a quality focus programme. For the general
operatives, agreement has been reached on the issues of pay
and conditions. The parties have not been able to reach
agreement on shift start times for 260 loaders and cleaners
employed at Dublin Airport.
2. The operation of the loading section is covered by the
operative grades agreement which was signed in 1971. This
agreement includes a start-time of 07.00 for the first shift.
There are 9 day shifts (details supplied). The Company has a
requirement for day workers to start work at 06.00 and this is
done at present by workers on overtime. The Company is
formally seeking to commence the first morning shift at 06.00
and to bring back the starting time of the second shift from
07.15 to 07.00.
3. The dispute could not be resolved at a conciliation
conference held at the Labour Relations Commission on 10th
February, 1992. The dispute was referred to the Labour Court
for investigation and recommendation on 1st May, 1992. A
Labour Court investigation took place on 22nd May, 1992.
COMPANY'S ARGUMENTS:
3. 1. The dispute has arisen from the implementation of the
Company's Recovery Plan which was negotiated with the Union
and accepted by ballot, in February, 1991. Efficiency
improvements represented a very significant element of the
plan. The Union accepted, in June, 1991, (details supplied),
that existing starting times were not adequate to meet
business needs in a cost effective way. It was accepted and
highlighted as urgent that a starting time of 06.00 for ground
operations was essential (details supplied). Secondly, the
operative grades agreement of 1971 provides for a starting
time of 07.00. This starting time was not implemented by the
Company because of bus schedules at the time. The historical
reasons which forced the Company to amend the starting time to
07.15 have no relevance today.
2. The whole character and customer requirements of the
airline business have changed substantially since 1971 when
there was no demand for flights before 08.00. At present,
apart from customer airlines, there are 19 movements before
08.00 (details supplied). The attendance requirements of the
workers must reflect the changing environment in which the
Company operates. The Company gains significant revenues from
the servicing of customer requirements (details supplied).
Unless the Company can be flexible in a cost effective manner
to meet evolving demands, this business will be lost. The
Company's current business requirements can be met by the
Company's proposals. To make the new times more acceptable to
the workers, the Company has proposed a 05.45 duty instead of
06.00. This would result in a shift payment of time plus a
half under certain conditions. The Company is also prepared
to consider a 06.45 duty in order to ease the requirement for
workers at 05.45
UNION'S ARGUMENTS:
4. 1. The terms of the Recovery Plan specify that changes in
work practices can only be implemented with the agreement of
both parties. To date, the workers have already made a
substantial contribution to the aims of the plan (details
supplied). This contribution is additional to the workers'
involvement with a number of recovery type programmes
throughout the 1980's. The workers have also changed roster
times for the Company, when required to do so. There are now
9 shifts per day and it is unreasonable of the Company to
widen an already full schedule.
2. The present 07.15 start predates the 1971 agreement. The
Company is wrong to suggest that it can introduce the 07.00
start after a lapse of over 21 years. The 06.00 start has
been in operation on an overtime basis for 3-4 years. The
overtime payments form a significant part of the workers'
earnings and its loss would be unacceptable. The Company's
only concern to date has been that it could not be guaranteed
a full turn-out for the 06.00 start. The Union produced a
formula (details supplied) to satisfy management's fears.
The Union's proposals were submitted to the Company and it has
yet to respond.
RECOMMENDATION:
5. Having considered the issues involved in this case, the Court
is satisfied having regard to the requirements of a national
airline, that the financial and customer service objectives
underlying the Company proposals on starting times are reasonable.
The Court is also conscious, of the custom and practice which has
built up around the early morning starts and the concern of the
workers to retain it.
The Court therefore recommends that the Union accept the changes
in rostered starting times as proposed by the Company and that
these should be introduced not later than 1st September, 1992.
The Court also recommends that before the introduction of the new
starting times the parties should examine the rosters to see how
they can best accommodate the preferences of the workers concerned
in respect of early and late starts.
~
Signed on behalf of the Labour Court
Kevin Heffernan
__________________________
29th May, 1992. Chairman
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.