FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH AVIATION AUTHORITY - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Clause 2(iii) Partnership 2000.
BACKGROUND:
2. The Irish Aviation Authority was established in 1994 and currently employs 650 staff. The Authority has been engaged in discussions with IMPACT for approximately one and a half years on the introduction of a new pay scale for Data Assistants (D.A.s). There are currently 54 Data Assistants employed by the Authority, which is expected to employ up to 65/70 during the next year.
In November, 1999, the workers rejected the Authority's proposals and, following several meetings, notice of strike action was served on the employer. The parties attended a conciliation conference under the auspices of the Labour Relations Commission on the 10th of February, 2000. As agreement was not possible, the dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. Strike notice was withdrawn on the 15th of February and a Labour Court hearing took place on the 28th of February, 2000.
UNION'S ARGUMENTS:
3. 1. The parties have agreed on a new pay scale (details to the Court) but have not agreed implementation dates or assimilation points. The Union's proposed dates of 50% from 1/12/1999 and 50% from 1/4/2000 would help alleviate the Authority's problem regarding the recruitment and retention of staff.
2. It is intended to agree the devolution of Flight Data Control work with effect from 31/3/2000, which will generate significant savings for the Authority. It is reasonable, therefore, to apply the full benefit of this arrangement from 1/4/2000.
3. The Authority's proposals on assimilation deliver proportionally less benefits to the most senior staff on the higher points of the scale. It is accepted that a Data Assistant recruited today will progress to the top of the scale in ten years. Therefore, existing D.A.s with ten years' experience should be placed at the top of the new scale now. D.A.s with nine years' experience should be placed one incremental point down from the top and so on.
4. The senior Data Assistants have suffered most as a result of the Authority's failure to maintain an adequate staffing level. They have been unable to take annual leave, study leave and exam leave and have suffered increased levels of stress due to their increased workloads. In addition, the most experienced D.A.s will be expected to carry out the Flight Data Control work which will generate the savings for the new arrangements.
AUTHORITY'S ARGUMENTS:
4. 1. IMPACT took the lead role on behalf of the Staff Panel of Unions in drawing up the 'Authority Continuity of Service Agreement'. It was renewed for three years with effect from the 1st of September, 1999, yet shortly afterwards the Union engaged in disruptive action and gave notice of strike action. It was clearly in breach of this Agreement and of the Partnership 2000 Agreement by not following agreed industrial relations practice.
2. The Authority's offer on pay, assimilation arrangements and higher duty allowance to Data Assistants is very reasonable. Increases of 13.5% to 31.9% will be paid in addition to a higher duty allowance of £2,000 per annum to those assigned to higher duties. A shift allowance of 27% also applies to staff engaged on a 24 hour basis.
3. It is necessary to increase pay at the entry point of the Data Assistant scale in order to recruit and retain D.A.s, therefore a 31.9% increase has been proposed. Although more senior D.A.s will receive a lower percentage increase, those who undertake higher duties will receive a 27.2% increase. Any higher increase would represent headline figures for other Authority staff, with possibly huge consequential effect.
RECOMMENDATION:
The Court views with considerable concern the actions of the employees in ignoring the Continuity of Service Agreement made first in 1996 and re-affirmed as recently as September, 1999, for the provision of the services in this particular "essential service".
Arising from previous incidents in other industries, the Minister had asked the Labour Relations Commission to draw up Codes of Practice by which Unions committed themselves to a structure of procedures to be followed prior to any proposal to withdraw the services of its members, in particular "essential services".
The Court, having considered the written and oral submissions made by the parties, recommends as follows on the two issues before it:-
1.Date of Second Phase
The Court recommends that the date proposed by the Authority of 1/1/2001 remains and that the position be reviewed following completion of the wider discussions.
2.Assimilation
The Court, taking into account the arguments in relation to the most senior serving Data Assistants, recommends that their proposed salary be adjusted as below:-
Company Offer Proposed
£14,863(1) £15,429(1)
£15,995(2) £16,561(2)
£16,561(7) £17,127(7)
Signed on behalf of the Labour Court
Finbarr Flood
27th March, 2000______________________
DG/CCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.