Labour Court Database __________________________________________________________________________________ File Number: CD95128 Case Number: LCR14715 Section / Act: S26(3) Parties: TEAM AER LINGUS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Hearing arising from Labour Court Recommendation No. LCR14552.
Recommendation:
5. The Court sets out below its recommendation on the three
specific items referred to it for adjudication.
1. NON UTILISATION OF OPERATIVE GRADES IN TECHNICAL STORES AREA
The Court, taking into account the Company's commitment to retain
the Stores and Clerical areas as promotional outlets for the
operative grades, is of the view that the action taken was ill
considered. The Court, accordingly, upholds the Union's position.
2. ARBITRARY CHANGES IN PROMOTIONAL STRUCTURES IN AMA SECTION
On the basis of the information given to the Court at the hearing,
the Court considers that there is an overall gain for the Union in
this Section. The Court, however, cannot accept that the Company
acted in an appropriate manner in filling the posts. The Court
would again urge the Company to be open and free with information
and adopt a policy of consultation with the Union concerned before
changing existing structures
3. MINIMUM NUMBER OF STAFF IN EACH PARTICULAR BUSINESS UNIT
The Court accepts that a number of factors had to be taken into
account which affected the numbers in any one unit. In the
context of the overall thrust of the Labour Court recommendation
and clarification the Court considers that the Company approach is
not unreasonable. The Court again urges more dialogue and
consultation on issues as they arise.
In the overall context in which the issues were referred to it,
the Court would again urge the early placement of the proposed
Ombudsman and the other positive proposals in the recommendation
which are to the advantage of the Union's members.
Division: Ms Owens Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD95128 RECOMMENDATION NO. LCR14715
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(3), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: TEAM AER LINGUS
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Hearing arising from Labour Court Recommendation No. LCR14552.
BACKGROUND:
2. There are three issues involved in the dispute.
(A) The non-utilisation of operative grades in the
technical stores area.
(B) The arbitrary changes in the promotional structure of
the AMA Section.
(C) The minimum number of staff in each particular business
unit.
The dispute was referred to the Labour Court on 15th February,
1995, under Section 26(3) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on 7th March, 1995, (the
earliest date suitable to the parties).
UNION'S ARGUMENTS:
3. (A) The first issue arises from the section in LCR14552
under the heading "Demarcation and Work Practices". The
recommendation states that the promotional outlets will
remain in the 'tech' stores and clerical areas. Management
has ignored this by utilising craft workers in TEAM Aer
Spares Section in Santry, and in a number of clerical areas
within TEAM proper.
(B) When the Union members balloted on LCR14552 there was an
addendum from the Company in the form of a letter dated 12th
September, 1994. Part of the letter referred to two Senior
Operative grades in the AMA promotional structure. The
letter was accepted by the Union as part of the overall
agreement. The Company has broadened the terms of the Senior
Supervisory position and expanded it to an Executive
position. This is contrary to the terms of the letter of
12th September, 1994 and was not agreed to by the Union.
(C) The third issue relates to the Special Tribunal
(non-craft grades): adjudication 22nd March, 1994. The
Special Report included a report which specified the number
of staff required in each individual business unit. The
Company has changed the numbers without consulting the Union.
This resulted in a shortage of A.M.A.'s to carry out normal
operative duties. The Company also decided to transfer
support functions to Internal Services.
COMPANY'S ARGUMENTS:
4. (A) LCR14552 states under the heading "Demarcation and work
practises" that "all staff members will be liable for
deployment from area to area in order to meet operational
needs". If the volume of work increases in one area the
Company must deploy staff from another area to compensate.
(B) A position in Facilities Services was advertised through
the staff vacancy notice (SVN) system and was open for all to
apply. The position has been expanded to cover a wide range
of functions and is of Executive grade level. The successful
applicant was a member of the Union. A further position, of
Operative Supervisory grade D level, has also been advertised
through the SVN system.
(C) The number of staff required in any particular area is
determined by business and operational needs. The Company
must be able to deploy staff in a more flexible way than in
the past to meet customer demands. Due to the earlier than
planned retirement of a number of staff, and the allocation
of 15 operatives to Line Maintenance, the distribution of
operatives had to be revised.
RECOMMENDATION:
5. The Court sets out below its recommendation on the three
specific items referred to it for adjudication.
1. NON UTILISATION OF OPERATIVE GRADES IN TECHNICAL STORES AREA
The Court, taking into account the Company's commitment to retain
the Stores and Clerical areas as promotional outlets for the
operative grades, is of the view that the action taken was ill
considered. The Court, accordingly, upholds the Union's position.
2. ARBITRARY CHANGES IN PROMOTIONAL STRUCTURES IN AMA SECTION
On the basis of the information given to the Court at the hearing,
the Court considers that there is an overall gain for the Union in
this Section. The Court, however, cannot accept that the Company
acted in an appropriate manner in filling the posts. The Court
would again urge the Company to be open and free with information
and adopt a policy of consultation with the Union concerned before
changing existing structures
3. MINIMUM NUMBER OF STAFF IN EACH PARTICULAR BUSINESS UNIT
The Court accepts that a number of factors had to be taken into
account which affected the numbers in any one unit. In the
context of the overall thrust of the Labour Court recommendation
and clarification the Court considers that the Company approach is
not unreasonable. The Court again urges more dialogue and
consultation on issues as they arise.
In the overall context in which the issues were referred to it,
the Court would again urge the early placement of the proposed
Ombudsman and the other positive proposals in the recommendation
which are to the advantage of the Union's members.
~
Signed on behalf of the Labour Court
Evelyn Owens
24th March, 1995 --------------
C O'N/U.S. Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr Ciaran O'Neill, Court Secretary.