Labour Court Database __________________________________________________________________________________ File Number: CD95504 Case Number: LCR14950 Section / Act: S26(1) Parties: IRISH AVIATION AUTHORITY (IBEC) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Union recognition.
Recommendation:
The Court has fully considered all of the views expressed by the
parties in their oral and written submissions.
The Court fully recognises the need for the rationalisation of
Trade Unions. However, given the circumstances, in particular the
history surrounding the recruitment of these workers, the Court
recommends in this case that the Irish Aviation Authority
recognise and negotiate with the Union on behalf of its members.
Division: Mr McGrath Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95504 RECOMMENDATION NO. LCR14950
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
IRISH AVIATION AUTHORITY
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Union recognition.
BACKGROUND:
2. 1. The Irish Aviation Authority (IAA) was established as a
new State-owned commercial Company on the 1st January,
1994 to take over the functions of the Air Navigations
Services Office. This service was formerly part of the
Department of Transport, Energy and Communications.
2. The dispute concerns a claim by twelve workers employed
by the IAA at Dublin and Shannon Airports to be
represented by SIPTU. The workers concerned are
employed as Simulator Pilots. The IAA at present
recognise six other Unions for the purposes of
determining pay and conditions of service, and it has
rejected the request by the workers concerned. It
stated that it employs 600 staff and that there was
adequate Union representation already.
3. As no agreement could be reached between the parties,
the dispute was referred to the Labour Relations
Commission and a conciliation conference was held on
17th July, 1995.
4. Agreement could not be reached at conciliation and the
dispute was referred to the Labour Court on 22nd August,
1995 under Section 26(1) of the Industrial Relations
Act, 1990. The Court investigated the dispute on the
17th October, 1995 (the earliest date suitable to both
parties).
UNION'S ARGUMENTS:
3. 1. The workers concerned should be given the same
access/choice of Union membership as the other staff in
the Company.
2. No other Trade Union in the Company was prepared to
represent these workers. The workers concerned are
employed on a temporary basis and subject to lay-off.
SIPTU is the major Union in the the airline industry and
the workers concerned have a right to be represented by
it.
3. The workers concerned were originally recruited by Aer
Rianta in a category represented by SIPTU prior to the
establishment of the IAA in January, 1994. Nothing
changed when their work was taken over by the IAA. The
workers will not be forced to join a Trade Union which
they do not agree with.
4. The workers are involved in the training of Air Traffic
Controllers. Their work is of a technical nature rather
than a clerical nature. This would exclude them from
membership of any of the clerical Trade Unions operating
in the Company.
COMPANY'S ARGUMENTS:
4. 1. The Company is a multi-union organisation. There are at
present six Unions representing the 600 workers in the
Company. There is no need for further Union
representation.
2. Both IMPACT and the CPSU have indicated that they would
be willing to represent the workers concerned.
3. The terms and conditions for staff in the Authority are
determined through the conciliation and arbitration
machinery which confines recognition to the six named
Unions in the Company.
4. It is recognised that where too many Unions operate in a
Company that industrial relations problems can arise.
Steps have been taken, both legislative and voluntary,
to redress this problem. The addition of another Union
will not improve industrial relations, but could have
the opposite effect.
5. The IAA rejects the Union's claim that this category of
worker is proper to SIPTU because they were formerly Aer
Rianta employees. The Air Traffic function was never
part of Aer Rianta.
RECOMMENDATION:
The Court has fully considered all of the views expressed by the
parties in their oral and written submissions.
The Court fully recognises the need for the rationalisation of
Trade Unions. However, given the circumstances, in particular the
history surrounding the recruitment of these workers, the Court
recommends in this case that the Irish Aviation Authority
recognise and negotiate with the Union on behalf of its members.
~
Signed on behalf of the Labour Court
27th October, 1995 Tom McGrath
L.W./D.T. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Larry Wisely, Court Secretary.