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 McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Claim for the application of the Higher Duty Allowance (HDA) to all Data Assistants (DAs) in the Training Centre
BACKGROUND:
2. The Union's case is on behalf of 13 Data Assistants (DAs) Ordinary Level employed in the Authority's training Centre in Ballycasey, Shannon. Currently there are 4 Higher-Level Duty Assistants (HDAs) who receive an Allowance of €3,742. The Union's claim is that the DAs are performing the same work that attracts the Allowance and that they should be paid this Allowance. The DAs work exclusively in the Air Traffic Control Section of the Authority. The reason for the major change in the DAs' role was the introduction of the BEST simulator system in 2005/2006. The Authority maintains that there are significant differences between the work of the DA and the HDA.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement the dispute was referred to the Labour Court on the 1st May, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th August, 2008.
UNION'S ARGUMENTS:
3. 1. There are three main groups of DAs - Training Centre, Operations, and Aeronautical Information Services (AIS). The only DAs not in receipt of the Allowance are the 13 DAs involved in the claim. There are already 4 HDAs in the Training Centre who are being paid the Allowance
2. The job description for the Higher Duty positions incorporates all the functions of the DAs and adds a range of higher duties. In practice in the Training Centre there is no difference between the work of the DA and the HDA.
AUTHORITY'S ARGUMENTS:
4. 1. The current structure of DA and HDA was put in place in September, 2001. Clear job descriptions were created identifying the roles of both groups (details supplied to the Court). DAs do not undertake any tasks that are appropriate to Air Traffic Controllers or Engineers as claimed by the Union nor do they assume of the additional tasks undertaken by HDAs.
2. The Authority offered to upgrade two DAs to the HDA grade. It does not have a requirement for 17 HDAs.
RECOMMENDATION:
The Court has carefully considered the oral and written submissions made to it by the parties. In the view of the Court, the structure set out and the criteria adopted for payment of the Higher Duties Allowance have not historically and to the present time been implemented, leading to a situation where the claimants and the HDAs are, de facto, doing the same work as each other and are interchangeable. The Court, accordingly, recommends that the Union's claim be conceded and the allowance paid to the 13 claimants.
Signed on behalf of the Labour Court
Raymond McGee
25th August, 2008______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.