FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH AVIATION AUTHORITY - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Deferral of training of Student Air Traffic Controllers.
BACKGROUND:
2. Under the Authority's Student Controller Programme(SCP) student air traffic controllers are recruited on two year contracts. During the first year of training they receive generic class based training at the end of which they move to on the job training at Dublin, Shannon and Cork airports. Following the completion of training the custom and practice is that they are appointed to permanent positions as Air Traffic Controllers (ATC's). The current group of 22 students (SCP 6) commenced training in October, 2002 and were due to begin their on the job training this Autumn. Following a detailed examination of staff numbers and needs Management have identified a surplus staff situation of 50 by July, 2004. As the next stage of training is predominantly site specific Management claims there is little point in the students receiving further training as the Authority is not in a position to appoint them when training is completed. The Authority wishes to defer the completion of training until it is in a position to offer the successful students employment. The Authority proposes to recommence their training within three years. The Union rejected the Authority's proposal and balloted for and initiated industrial action.The Authority contended that this action was in breach of the Continuity of Service Agreement. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court on 5th September, 2003 in accordance with Section 26(1) of the Industrial Relations Act,1990. Pending the issue of the Court's recommendation the industrial action is suspended. The students remain on the payroll. Both parties agreed to be bound by the Court's recommendation. A Court hearing was held on the 11th September, 2003.
UNION'S ARGUMENTS:
3. 1. To date there have been six classes on the Student Controller Programme and the current group (SCP 6) are the only ones whose contracts do not provide for their appointment as ATC's when training is completed. The change in their contracts of employment was done without negotiation. The Authority is in breach of the Continuity of Service Agreement by unilaterally changing the terms and conditions of employment of the claimants.
2. The Authority's decision to defer the training of SCP 6 was hasty and premature. The Authority has not demonstrated, to any meaningful effect, that it has a manpower surplus.
3. The Authority has not adequately explored alternatives such as redeployment within the organisation, early retirement and secondment to other Authorities.
4. The Authority is profitable and the cost of completion of the Student Controllers training is not significant.
5. Volunteers for overseas assignment should be dealt with on a secondment basis and full incremental and pension credit should be granted.
6. Should an agreed position on deferment of training be reached, such period should last no longer than 12 months. During any agreed deferral of training the Student Controllers should remain in the employment of the Authority and available for redeployment.
AUTHORITY'S ARGUMENTS:
4 1. With a surplus of 51 ATCO's next year there is not a requirement at this time to continue with the training of SCP 6. This surplus would rise to 73 should the Authority be obliged to continue the training now and the cost would be €7 million. The Authority cannot accede to the Union's demand that 22 additional ATCO's be employed.
2. While the Authority is addressing its difficulties through a package of measures including a Voluntary Early Retirement/Voluntary Severance Schemes there will not be the required take up to sufficiently reduce numbers.
3. While the enrolment contract that issued to SCP 6 was not agreed with the Union in advance of issue, Management did discuss with the Union the particular paragraph (Para. 5) in dispute i.e. that SCP 6 was not guaranteed employment with the Authority. The Union was advised that it was not proposed to alter this paragraph.
4. The enrolment of SCP 6 was undertaken in good faith at a time when a shortage of ATCO's across Europe was manifest. However the impact of global difficulties has impacted on the Authority and commercial opportunities, where the Authority could place its surplus ATCO's with other European providers, have receded.
5. Management has identified an opportunity for a number of the students to work in South Africa. To date six have applied and been accepted and there is potential for a further six to be placed on the programme. There are also opportunities in Australia and Eurocontrol and at regional airports. The Authority has given firm commitments that those contracted to South Africa will be employed by the Authority when their contracts expire and those who are not successful in gaining ATCO contracts elsewhere will be invited to recommence training with the Authority within three years.
RECOMMENDATION:
It is clear that by their terms of appointment the Authority was committed to providing the students with continuous training for a two-year period leading to a professional qualification in air traffic control. Furthermore, on the basis of previous practice, the students may have had a legitimate expectation that on attaining the standard of competence they would continue in the employment of the Authority.
However the students associated with this claim had a stipulation in their contracts to the effect that the Authority did not guarantee continuing employment post qualification. In so far as the insertion of this provision was a departure from the previous practice, it was, in the Court's view, a significant change in the terms under which student air traffic controllers were to be engaged. If this was the case there is some validity in the assertion that the incorporation of this term, without reference to the union, contravened the Continuity of Service Agreement.
Nonetheless, the Authority is now faced with a serious problem of overstaffing which has serious implications for its future financial viability. This problem must be addressed on a pragmatic basis which strikes a fair balance between the Authority's need to eliminate unnecessary costs and the rights and interests of the students who were recently recruited with the prospect of a continuous career with the Authority.
Having regard to these considerations and having carefully considered the submissions of the parties the Court recommends that the dispute be resolved as follows:
1. The Authority should intensify its efforts to find suitable and acceptable placement opportunities for the students with other Aviation Authorities. Those who are successfully placed should be offered the same terms as to future employment and incremental credit with the Authority as the six students who have already been placed with the South African Authority. The Union should cooperate fully with any initiatives undertaken by management in this regard. These efforts should continue for a further period of six weeks or such longer period as may be agreed.
2. Further consideration should be given as to how the take-up on the Authority's voluntary early retirement and voluntary severance schemes might be increased.
3. If, after the six week period referred to above, the problem has not been sufficiently ameliorated, the Union should agree to the suspension/ lay-off of those students remaining for a period not exceeding 12 months. After the expiry of this period the Authority should resume the training of the students and should offer them employment on attaining qualification.
4. Any student whose training is suspended in accordance with 3 above should be offered temporary redeployment to any suitable positions which may become available within the Authority.
Finally, the Court considers it appropriate to comment on the Authority's contention that the Union contravened the Continuity of Service Agreement in balloting for industrial action before the current dispute was processed procedurally. The Court is satisfied that this action did contravene the agreement
Parties cannot claim the benefit of an agreement(as the Union has done in this case) while disclaiming the obligations which the same agreement imposes on them. It is therefore in the interests of both parties that the full terms of this agreement be strictly observed in the future. The Court would urge the parties to act accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
19th September,2003______________________
TODDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.