FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : FLS AEROSPACE - AND - FLSA CRAFT GROUP OF UNIONS (AEEU, AGEMO, ATGWU, UCATT, SIPTU, TEEU, NUSMWI) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Shift rosters.
BACKGROUND:
2. FLS Aerospace, formerly known as Team Aer Lingus, employs approximately 1500 workers at Dublin Airport. The parties were before the Court on the 9th October, 2001 in relation to a broad range of issues. The Unions also sought a review of Labour Court Recommendation LCR14552. However, the Court decided at that time to adjourn the hearing to allow for both parties to assess the serious circumstances facing the business. Both sides requested a further Labour Court hearing.
The issue now before the Court relates to shift rosters. The Unions claim that management has threatened to take disciplinary action against any worker who refuses to operate the new shift rosters. The Unions state that LCR14552 was due to be reviewed after three years, but claims that this has not taken place following the take over of Team Aer Lingus by FLS Aerospace. The Unions claim that management want to implement 5 over 6 day rosters without agreement.
Management states that the introduction of varying and different shift patterns are catered for in existing agreements with the unions. It also claims that Labour Court Recommendation LCR14552 allows for this flexibility. Discussions are continuing between management, unions and craftworkers in relation to shift and Roster Duty Allowances (RDA). Those who are not prepared to work the shift rosters can return to day working. The Labour Court investigated this dispute on the 30th August, 2002.
UNIONS' ARGUMENTS:
3. 1Labour Court Recommendation LCR 14552 had a life span of three years and was due for a full review. This review has not taken place.
2. The basic rates of pay and shift premium for craft workers is out of line when compared to comparable employment elsewhere.
3. There must be agreement before management can introduce the five over six day shift rosters.
4. Management has threatened to take disciplinary action against any worker who refuses to comply with the new rosters.
COMPANY'S ARGUMENTS:
4. 1. The Company operates in an industry that has been in serious decline since the September 11th atrocity in the USA. This has forced the Company to realign its cost base to meet its reduced workload.
2. Other groups in the Company including front line managers and technical supervisors who are also represented by the Craft Group of Unions and covered essentially by the same agreements are working the required shift patterns.
3. There is disagreement over the interpretation and application of existing "shift agreements" catering for changes in roster of shifts over a seven day week - Sunday to Saturday inclusive.
4. There is an agreed Roster Duty Allowance (RDA) payment scheme in operation which covers the pay element for working shifts.
RECOMMENDATION:
Following the adjourned hearing of the 9th October 2001, the Court has been asked to adjudicate on one issue at this point i.e. shift working terms and conditions for craftworkers.
The Court has given careful consideration to the points raised by both sides. The Court is satisfied that Labour Court Recommendation No. LCR14552 and the Aircraft Tradesmen's Agreement are still in existence and govern shift working arrangements for craftworkers in the company. Therefore, the Court is of the view that the company are within their rights to request craftworkers to work five over six day shifts. The Court notes that the company has assured craftworkers that volunteers who wish to come off shift working or who are not prepared to work the published rosters may be returned to day work.
The Court notes the arrangement which is currently in place whereby management, Unions and craftworkers are participating in a negotiating committee to address the pay and irregularities contained in the current shift/RDA system and notes that these discussions are due to conclude by the end of September, 2002.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th September, 2002______________________
LW/LWDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.