Labour Court Database __________________________________________________________________________________ File Number: CD94471 Case Number: LCR14600 Section / Act: S26(1) Parties: AER RIANTA - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Roster change.
Recommendation:
The Court having considered the submissions of the parties
together with the verbal arguments made during the hearing accepts
that Aer Rianta must service its customers in the most effective
manner. It is the view of the Court that Articles 10.2.11 and
10.2.111 are subservient to Article 10.2.1 and the Company has the
obligation to change its rosters to meet its customers
requirements.
In the interest of both sides to this dispute the Court recommends
that the Union accept the Company's proposals on new rosters.
Division: Ms Owens Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD94471 RECOMMENDATION NO. LCR14600
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
AER RIANTA
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Roster change.
BACKGROUND:
2. The workers concerned in the dispute are employed by the
Company in the Airport Police Fire Service (A.P.F.S.) at Cork
Airport. The workers' roster has remained largely unchanged
for many years and it enables the Airport to operate a
two-shift operation with a minimum security presence at night
after the Airport closes. The early shift commences at 7.00
a.m. and the late shift finishes at 11.00 p.m.
The dispute before the Court concerns the Company's change in
the starting time of the early roster from 7.00 a.m. to
6.00 a.m. The change arises from the change by Aer Lingus
(as part of its survival plan) of the first flight from Cork
to Dublin each day from 7.35 a.m. to 6.30 a.m.
The changed roster (6.00 a.m. start) is in place for some
months on an interim arrangement which involves the Company
paying overtime for the early start.
In March, 1994 the Company informed the Union of the change
and put forward a proposal that all existing rostered
starting and finishing times be brought forward by one hour
to facilitate the earlier opening. The Union rejected the
proposal. It claims that the Company is breaking rostering
agreements in attempting to bring in the change in the
starting time.
The dispute was referred to the Labour Relations Commission.
A conciliation conference was held on 6th September, 1994.
As no agreement was reached the dispute was referred by the
Labour Relations Commission to the Labour Court on 9th
September, 1994 in accordance with Section 26(1) of the
Industrial Relations Act, 1990. A Labour Court hearing took
place in Cork on 6th October, 1994.
UNION'S ARGUMENTS:
3. 1. The Company is in breach of the 1971 Company/Union
Agreement on rosters in attempting to introduce a change
in the early morning starting time. The starting times
defined in Article 10.1 of the agreement are as
follows:-
early start - any duty which starts at or after
7.00 a.m. and ends at or before
18.00 p.m.
late duty - any duty which ends after 18.00 p.m.
and before 23.59 p.m.
night duty - any duty which includes the period
or part of the period 23.59 p.m. to
6.00 a.m.
2. Article 10.2.111 of the agreement states that:-
"Following the publication of a roster starting and
finishing times of early, late and night duties may
be varied within the limits defined in paragraph
10.1 provided that one weeks notice of the
variation is given".
This Article is clear and unambiguous.
3. Management have accepted that the change in roster would
create difficulties for the workers concerned. The
dispute can only be resolved by the Company continuing
the interim overtime arrangement or preferably by
implementing an night duty which is provided for in the
1971 Company/Union agreement.
4. Any change in this particular section of the agreement
would give management the right to change rosters as
they see fit. This is unacceptable to the Union.
COMPANY'S ARGUMENTS:
4. 1. In the agreement on working conditions and productivity
in the A.P.F.S. the following is clearly stated:-
Article 10.2.1
There is a requirement to match the labour force to
the daily flying schedule.
Article 10.2.11
Rosters may be changed provided that one months
notice of such change is given.
Article 10.2.111
Following the publication of a roster, starting and
finishing times of early, late and nights may be
varied within the limits defined in paragraph 10.1
provided that one weeks notice of the variations is
given.
The Union contend that while the Company has the right
to change the roster it can only be done in the context
of Article 10.2.111 (i.e. within the defined limits).
It is clear to the Company that this refers to published
rosters only, provided one weeks notice is given. The
Union's interpretation is completely at variance with
Article 10.2.1 and Article 10.2.11 above. Indeed if the
Company was to accept the Union's interpretation Article
10.2.1 and Article 10.2.11 would be invalid. Under the
1971 agreement the Company has the right to change the
roster.
2. Irrespective of the position regarding the 1971
agreement the Company stresses the requirement for the
staff to accept the commercial realities of the business
in 1994 and for the foreseeable future. The staff in
the A.P.F.S. have enjoyed a relativity with their
colleagues in Aer Lingus which has resulted in several
salary increases over many years. In recent times Aer
Lingus staff have foregone payments under P.E.S.P. and
P.C.W.. The workers concerned are fully up to date on
the P.E.S.P. and P.C.W..
3. Staff have enjoyed the benefits of their relativity over
the past number of years. They should now co-operate
with the change in rostering arising from the necessary
implementation of the Aer Lingus recovery plan. Aer
Lingus staff have agreed to the earlier starting time
without any overtime payments.
4. The Company cannot afford to continue paying overtime
costing #120,000 p.a. when there is an operational
deficit of #500,000 p.a. at Cork Airport. The Company
must facilitate its biggest customer Aer Lingus,
particularly in the present climate. It is not in a
position to recover the costs involved from Aer Lingus.
5. The roster change involves a one hour earlier start. No
additional hours will be worked as the shift finishing
times will also finish one hour early. The Court has
already recognised the need to have rostering
arrangements matching the flight schedule.
RECOMMENDATION:
The Court having considered the submissions of the parties
together with the verbal arguments made during the hearing accepts
that Aer Rianta must service its customers in the most effective
manner. It is the view of the Court that Articles 10.2.11 and
10.2.111 are subservient to Article 10.2.1 and the Company has the
obligation to change its rosters to meet its customers
requirements.
In the interest of both sides to this dispute the Court recommends
that the Union accept the Company's proposals on new rosters.
~
Signed on behalf of the Labour Court
3rd November, 1994. Evelyn Owens
F.B./M.M. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.