FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(5), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH AVIATION AUTHORITY - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Dispute concerning staffing, rostering and provision for call -in for overtime working
BACKGROUND:
2. The matters in dispute between the parties came before the Court under Section 26(5) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 25th February, 2007. The following is the Courts Recommendation.
RECOMMENDATION:
This case came before the Court against the background of a dispute between the parties concerning a range of issues relating to staffing, rostering and provision for call-in for overtime working. The dispute was the subject of engagement between the parties at conciliation and significant progress was made on the core issues in dispute. However final agreement was not reached and the Union gave notice of industrial action. In exercise of its powers under section 26(5) of the Industrial Relations Act 1990, the Court invited the parties to participate in an investigation of the dispute.
At the commencement of the investigation the Court requested that the notice of industrial action be deferred pending the issuance and consideration of the Court’s recommendation. This request was acceded to by the Union.
In respect to the issues in dispute, the following is the Court’s recommendations: -
- Staffing Levels.
The Union contends that there is a serious shortage of Air Traffic Controllers (ATCOs). The Authority does not accept that there is such a shortage. It is not the function of the Court, nor is it within its competence, to adjudicate on this question or to recommend on what is the appropriate level of staffing for the Authority. Suffice it to say that the Authority have set in place a recruitment programme by which there will be an appreciable increase in the number of ATCOs. However, having regard to normal training requirements these recruits will not be fully operational for some 18 months.
The Court accepts that the obligation to ensure adequate manpower planning is a function of management and nothing in this recommendation is intended to alter that position. However the Court recommends that constructive discussions should take place between the parties on the future on-going manpower requirements of the Authority and how those needs might be most efficiently met.- Call-In
Management have acknowledged that in the interim it is necessary to put in place a call-in and overtime arrangement in order to meet the exigencies of providing a service where rostered ATCOs are not available due to illness or other eventualities.
- Call-In
- The Court has considered the submissions of both parties on how this service should be provided. The Court recommends that a scheme be put in place as follows: -
1. Participating ATCOs should make themselves available for call-in on 12 occasions per year, to be included in the roster.2. A call-in period should be limited to 14 hours duration.3. A participating ATCO may be required to attend for overtime working on not more that 8 occasions in any year. Attendance should be confined to times within the 14 hour on-call period.4. Overtime rates of double time should apply in respect of any time worked within this arrangement5. A minimum payment of five hour at overtime rate should apply in respect of any call-in6. A call-in allowance of €4,000 per annum should apply to each participating ATCO. This amount should be non-pensionable and non-reckonable for the calculation of overtime. It should, however be calculable for the purposes of holiday pay. The amount should increase in line with increases in basic pay7. The arrangement should operate on the basis that each ATCO will be invited to participate on a voluntary basis. Those who opt to participate will then be contractually obliged to operate the scheme as set in in this recommendation.
- This arrangement should remain in place for a period of 18 months or until the newly recruited ATCO are fully operational. It should then be reviewed by the parties. Any dispute concerning the future operation of the arrangement or the terms under which it should operate after that date should be referred back to the Court for final adjudication.
Ad-Hoc Overtime
In addition to the arrangement outlined above, the Court recommends that the Authority’s proposal for a voluntary ad-hoc overtime scheme to cover short-term extensions of duties should be implemented. This scheme should apply, on a voluntary basis, for up to three hours after an ATCO, normal finishing time. The rates payable, as proposed by management of €95 for one hour, €180 for two hours and €255 for three hours should be accepted.
- This arrangement should remain in place for a period of 18 months or until the newly recruited ATCO are fully operational. It should then be reviewed by the parties. Any dispute concerning the future operation of the arrangement or the terms under which it should operate after that date should be referred back to the Court for final adjudication.
- Rostering
It was agreed at conciliation that the most efficient 5 and 3 roster that meets the Authority’s operational requirements and complies with the current roster principles should be implemented on 1st April. The Court recommends that in line with this agreement the rosters should comply with the 5 on, 3 off, principle subject to the maximum utilisation of the contractual 34.75 hours available to the Authority. In making this recommendation the Court is of the view that the next recommendation will assist in ameliorating any slippage in the utilisation of the full amount of contractual hours available
Changeover on breaks.
The Court recommends that fatigue breaks should be rostered to include an additional five minutes ( a total of 25 minutes) to facilitate handovers. Local arrangements which are more favourable should continue to operate.
Meal breaks which are currently rostered at 60 minutes should in future be rostered at 55 minutes with a five minute handover.
Other issues.
The Court recommends that discussions should take place between the parties on the scheduling of annual leave and on the introduction / improvement of family friendly policies.
- Rostering
Signed on behalf of the Labour Court
Kevin Duffy
25th February______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.