FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AER LINGUS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Owens Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Claim for payment of night roster duty allowance (RDA) to workers on permanent night shift.
BACKGROUND:
2. The workers concerned are employed on permanent night shift, seven on and seven off, for which they are paid a premium of time plus one-half.
The dispute before the Court concerns the Union's claim on behalf of 8 cargo operative staff for payment of a rostered duty allowing (£6.88 per night) as applied to aircraft loading staff.
The Union argues that the cargo handling staff are covered by the same Operative Grades Agreement as their colleagues in the loading section and meet all the criteria identified by the Company to qualify for the allowance.
Management's position is that the loading night crews are required to ensure that there are sufficient electric vehicles charged to allow the morning shift commence work. In return for this function a payment of £13.76 is paid nightly. This payment is known as 'plug in money'.
Local level discussions took place but progress was not made and the matter was referred to the Labour Relations Commission. A conciliation conference took place on 8th September, 1996. As agreement was not reached the dispute was referred to the Labour Court on 10th October, 1996 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 12th December, 1996.
UNION'S ARGUMENTS:
3. 1. The workers concerned are covered by the same Operatives Grade Agreement as their colleagues employed in ground operations loading section. Both groups interact in the course of their work and have a similar grading system. Workers in both areas receive a night premium of time plus one-half, plus weekend RDA's.
2. It is the Company's position that the workers in the loading section are receiving this payment as a "function payment". The payment is locally known as 'plug in money' and is paid to each night shift worker for plugging in battery operated vehicles to a battery re-charge power point.
3. The cargo operatives carry out the same function and are expected to plug in 12 forklifts and 4 tractors per night and also to re-charge batteries. The cargo night operatives meet the criteria identified by management in order to qualify for the payment. In the circumstances the Union's claim is justified and is seeking that the allowance be paid retrospectively to February, 1996.
COMPANY'S ARGUMENTS:
4. 1. In 1994 during 'Strategy for the Future' it was proposed to replace the cargo permanent night duty with a rotational system in order to reduce costs. Union proposals to retain the permanent night shift included a commitment to contain costs. The permanent night duty was retained on this basis.
2. Concession of the claim would cost in excess of £20,000 per annum to an already marginal operation. A knock on effect of this claim on a straight parity basis would lead to a claim from ground operations aircraft cleaners who work a permanent night shift from May to October. This would add a further £20,000 to the Company's costs without any benefit.
3. The 'plug in money' paid to ground operation loaders is a function payment. It only relates to loaders on permanent night shift. It does not apply to cleaners in the same department.
4. The entire re-charging function of electrical vehicles in the cargo department is handled by the equipment supervisor and the late duty warehouse supervisor. There is no requirement for permanent night duty staff to engage in this function.
RECOMMENDATION:
The Court has considered the submissions and verbal arguments of the parties and does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Evelyn Owens
20th December, 1996______________________
F.B./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.