FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AER RIANTA (SHANNON) - AND - SIPTU (SHANNON) DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Differentials.
BACKGROUND:
2. The issue in dispute is a claim from the Union on behalf of workers employed as Airport Police and Fire Service (APFS) personnel in Shannon Airport to maintain an 8% pay differential between the APFS and their supervisors, formerly SPF grade Officers.
In 1993 an agreement was concluded with the Officer grades at Shannon Airport which resulted in a new supervisory structure in which all existing Sergeant /Station Officers were promoted to the senior ranks. Similar productivity discussions took place with the Airport Police Firepersons section and pay increases of approximately 9.5% and lump sum payments were agreed. New increased scales were also established. Recently it was agreed that the supervisory structure needs to change and discussions are currently underway to review the 1993 agreement.
The Union's claim was one of several issues discussed at conciliation conferences under the auspices of the Labour Relations Commission on the 1st of February, 2000, and the 11th of August, 2000. As agreement was not possible, the issue was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute in Limerick on the 13th of December, 2000.
UNION'S ARGUMENTS:
3. 1. As a result of the restructuring the SPF grade has been eliminated. Since then, the responsibilities of this grade have descended to the APFS employees (details supplied to the Court).
2. The relativity or differential between the APFS and their supervisors has also been broken. The Union estimates the maximum differential as approximately £200 per week. The Company's internal Conciliation Council recommended in 1975 (further endorsed by LCR3714) that the differential between the Supervisors grade and the SPF grade should be twice that of the SPF grade to the APFS grade.
3. The Union requests the Court to restore the differential between the rank and file APFS grade and the Supervisory/Manager 2 APO/API/APC grade, taking into account that the SPF grade is now gone in Shannon.
COMPANY'S ARGUMENTS:
4. 1. The pay relativity between the Airport Police Firepersons grades at Dublin, Cork and Shannon Airports has existed since 1971. In 1993 the supervisors were promoted, but this did not result in additional duties and/or responsibilities being carried out by the claimants.
2. The current structure at Shannon Airport is the outcome of productivity discussions finalised in 1993/94. This structure is now the subject of an agreed participation process between the Company and the Union. This process should be allowed to continue, and a new agreed structure, pay and reward package finalised.
RECOMMENDATION:
The Court notes that the rates of pay of the claimant grade are determined on a company wide basis. It is, therefore, inappropriate to seek a change in those rates in respect of the one airport.
The Company have indicated that a review of the remuneration levels for each of the grades in the Airport Police and Fire Service (including the claimant grade) is currently within the Consultative Participation process. In the Court's view this is the most appropriate forum at which to address the issues raised by the Union.
The Court does not recommend concession of the Union's claim, but does recommend that the parties co-operate in having the issues giving rise to the claim addressed in the manner proposed by the Company.
Signed on behalf of the Labour Court
Kevin Duffy
8th January, 2001______________________
D.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.