FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KNOCK AIRPORT (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Claim by the Union on behalf of two workers for an improvement in rates of pay and conditions of employment.
BACKGROUND:
2. The two workers concerned are employed at the Airport as Air Traffic Controllers (ATCs) since 1993. The claims were discussed at local level but were rejected by the Company on the grounds that it has sustained substantial losses with projections for the accounting year ending June, 2000 also indicating a large operating loss. The dispute was referred to the Labour Relations Commission and a conciliation conference was held on the 29th of June, 1999. No agreement was reached. The dispute was referred to the Labour Court by the Labour Relations Commission on the 23 rd of September, 1999. A Court hearing was held on the 3rd of November, 1999.
The Union's claims are detailed as follows:-
1.Salary
The two workers at the commencement of their employment were on a three-point salary scale of £18,500 - £25,000. The Union's claim is for a substantial increase.
2.Allowances/Cover
Allowances: No payment is made for overtime hours between 8 p.m. and 8 a.m. weekend/Sunday duty, covering annual leave, seasonal holiday periods etc. The Union's claim is for their introduction. ATC staff are not included in the Company Bonus Scheme. The Union claims that a bonus of £65 paid three times year to other workers should also be paid to ATCs.Adequate procedures for cover must be put in place.
3.Pension
The two workers are in the pension scheme since August, 1994. The Company's contribution is fixed at £15 per month. The Union's claim is for an employer's contribution of 8% of workers' salary.
CLAIM 1: SALARY
UNION'S ARGUMENTS:
3. 1. The incremental scale £18,500 to £25,000 never attracted PCW increases and only when workers reached their maximum did Partnership 2000 increases apply.
2. The existing rate is too low given the workers' exceptional productivity, flexibility and loyalty to the Company over the years (details of ATC productivity supplied to the Court) and requires a substantial increase. The existing rate should be adjusted by the following PCW increases:
2% - 1/1/1994
2.5% - 1/1/1995
2.5% - 1/1/1996
1% - 1/7/1996
3% - Local Bargaining
These increases would raise the £25,000 figure to £27,871. The Union is formally claiming a figure of £29,500 with effect from the end of the PCW. Subsequent Partnership 2000 increases, including the 2% local bargaining clause should apply to this figure on the appropriate effective dates as follows:-
2.5% - 1/4/1997
2.25% - 1/4/1998
2% - 1/10/1998
1.5% - 1/4/1999
1% - 1/12/1999
COMPANY'S ARGUMENTS:
4. 1. The Company has implemented the agreement reached in 1993 which provided that a salary level of £25,000 would be reached in 1996. Since then the Partnership 2000 increases have been applied to this figure and this is in line with the terms of the agreement.
2. The current salary is £26,208 and compares favourably with the other regional airports. A comparison cannot be made between Knock Airport and the main state-owned and state-run international airports, Dublin. Shannon and Cork. The proper comparison is with the likes of Kerry, Galway, Waterford and Sligo airports. Knock Airport performs well in comparison with these and is only behind Kerry in terms of salary and conditions for ATCs. Whilst the local package for Kerry ATCs is better than the one in Knock, the operating hours in Kerry airport are 6.00 a.m. to 10.00 p.m. hence the salary structure reflects the unsocial hours element. The operating hours in Knock Airport are 9.30 a.m./10.30 a.m. to 5.30 p.m./6.30 p.m.
CLAIM 2: ALLOWANCE/COVER
UNION'S ARGUMENTS
5. 1. Overtime rates should be applied to hours worked between 8 p.m. and 8 a.m. Double time should be paid between 8.00 p.m. and 12 midnight and treble time to 8.00 a.m.
2. Callout allowance of minimum of 4 hours pay at time and ½.
3. Sunday allowances to be negotiated.
4. Inclusion in the three times yearly bonus scheme as is normal with all other workers in the Company. This should apply retrospective to their date of appointment giving a cash payment of approximately £1,200.
5. Procedures must be put in place to cover staffing requirements in the unlikely event of extended periods of leave due to illness and cognisance given to the difficulty in contracting properly rated ATC staff at short notice.
COMPANY'S ARGUMENTS
6. 1. Their contract of employment provides that the ATC's cover for all the ATC operational requirements including weekends, Sundays, annual leave etc. This has been the situation from the start and the salary covers these.
2. The "Bonus" given to grievance staff in respect of a uniform allowance to cover their outlay for uniforms. ATC staff are not required to wear uniforms, therefore, they are not entitled to the allowance.
3. Management is in discussions with the Irish Aviation Authority to advise on an acceptable procedure for cover.
CLAIM 3: PENSION
UNION'S ARGUMENTS:
7. 1. A properly funded scheme should be introduced. The Company's current contribution, .68% of salary is substantially out of line with appropriate standards in comparable employments.
2. The Company should make a lump sum contribution of £5,000 per controller to compensate for the inadequate levels of contribution over the last five years, and an 8% contribution of gross salary per annum.
COMPANY'S ARGUMENTS:
8. 1. The current pension arrangements have been in place since the beginning for all workers and the employer contributes about £15 per month per ATC into the pension fund, which is being matched by the worker. The workers, if they so wish, can raise their own contributions and sometimes do so.
RECOMMENDATION:
The Court having considered the written and oral submissions by the parties recommends as follows:
Pay
Given the lack of clarity in relation to the disputed pay scales for the ATCs and in relation to their actual contracts, the Court recommends that the pay of the ATCs be £27,800 from the 1st of January, 1999. The increases applicable in subsequent pay agreements should be applied to this figure, as appropriate, and discussions should take place on the implementation of the Local Bargaining element of Partnership 2000.
Allowances
Given the Court's recommendation in relation to pay the Court does not propose any changes in the allowances in relation to ATCs, however, the issue of cover and the pressure of work and its possible effect on safety,is a matter that must be addressed between the parties as soon as possible.
Pension
The Court believes that the current position is inadequate and recommends that the parties meet to discuss and improve the situation. If they fail to reach an agreement the Court will make a definitive recommendation on this issue.
The Court, in addressing the problems as outlined, has addressed the one of pay and believes that the flexibility in terms of hours and contractual obligations of the ATCs are built into the salary. While there may be an increase in business and work rate this was understood, and should be acceptable to the ATCs, provided it is not unreasonable and does not put safety at risk.
Signed on behalf of the Labour Court
Finbarr Flood
23rd November, 1999______________________
T.O'D./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.