Labour Court Database __________________________________________________________________________________ File Number: CD9663 Case Number: LCR15119 Section / Act: S26(1) Parties: AER LINGUS (Represented by C.I.F.) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Delay payments for seasonal and support staff. 2. Calculation of hours for days off.
Recommendation:
The Court, having fully considered all of the issues raised by the
parties in their oral and written submissions, makes the following
recommendations:-
(1) Delay payments for seasonal and support staff:-
The Court recommends that the delay payments be applied to
the seasonal and support staff as claimed by the Union.
(2) Calculation of hours for days off:-
The Court does not recommend concession of the Union's claim.
Division: Mr McGrath Mr Pierce Mr Walsh
Text of Document__________________________________________________________________
CD9663 RECOMMENDATION NO. LCR15119
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
AER LINGUS
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Delay payments for seasonal and support staff.
2. Calculation of hours for days off.
BACKGROUND:
2. 1. Delay payments:
Under the Cahill plan (1993) the Company was able to
employ temporary/seasonal staff for the first time. The
Union's claim is on behalf of the temporary staff for
payment of "delay credits" in the event of delay beyond
the normal duration of duty.
At present, permanent staff are paid delay credits at
the rate of half a credit (value of credit is £2.72) for
every fifteen minutes delay. This compensation starts
after a 30 minute delay. Temporary staff work between
20 - 40 hours per week and are paid an hourly rate of
£4.50 per hour or part of the hour worked. In the event
of a delay, temporary staff are paid the hourly rate
from the time the delay commences.
2. Calculation of hours for days off:
This dispute affects all cabin crew employed by the
Company. Hours for days off are calculated from finish
of duty to start of next duty. The Cahill plan had the
effect of reducing by 4 hours the number of hours for
each day, (with the exception of single days) as
follows:
Pre Cahill Post Cahill
Single day off 40 hours 38 hours
Double days off 64 hours (40 + 24) 60 hours
Additional days off
3 days 88 hours 84 hours
4 days 112 hours 108 hours
The Union claims that, in general, its members have
lost out as a result of the Cahill plan e.g. 8 days off
instead of 9 in every 28 days. There is also the issue
of the present dispute - the loss of hours for days off.
The Company maintains that it is operating the Cahill
plan as agreed with the Union.
The dispute was referred to the Labour Relations
Commission and a conciliation conference took place on
8th February, 1996. There was no agreement reached and
the dispute was referred to the Labour Court on 13th
February, 1996, in accordance with Section 26(1),
Industrial Relations Act, 1990. A Labour Court hearing
took place on 7th March, 1996.
UNION'S ARGUMENTS:
3. 1. Delay payments:
The Company is in breach of the Agreement because it
does not pay the delay credits to the temporary staff.
A fundamental part of the Agreement is that the terms
and conditions of the Agreement apply to temporary
staff in the same way that it applies to permanent
staff.
2. Calculation of hours for time off:
Other workers in the Company get 64 hours off when 2
days fall together. Cabin crew get 60 hours. Four days'
consecutive leave should equate to 120 hours. The
amount of rest time has been reduced because of the way
the Company has chosen to apply the Agreement. Because
of the nature of the work, it is essential that staff
have sufficient rest periods.
COMPANY'S ARGUMENTS:
4. 1. Delay payments:
Temporary staff are fairly compensated in the event of a
delay. Temporary staff who work a 10 minute delay would
receive 1 hours' payment. They are financially better
off under the current system.
2. Calculation of hours for time off:
The method of calculating the hours is long-standing and
understood by both parties. It was part of the
agreement of the Cahill plan. The Union did not object
at the time of the Agreement.
RECOMMENDATION:
The Court, having fully considered all of the issues raised by the
parties in their oral and written submissions, makes the following
recommendations:-
(1) Delay payments for seasonal and support staff:-
The Court recommends that the delay payments be applied to
the seasonal and support staff as claimed by the Union.
(2) Calculation of hours for days off:-
The Court does not recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court
28th March, 1996 Tom McGrath
C.O'N./S.G. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.