FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CHC IRELAND LIMITED TRADING AS CHC HELICOPTERS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - UNITE THE UNION ENGINEERING GROUP DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Pay differential.
BACKGROUND:
2. The Company operates two aviation services in Ireland. One of these services provides the Helicopter Search and Rescue Service to the Irish Coast Guard which is currently part of the Department of Transport. The Search and Rescue service operates out of four bases (Dublin, Waterford, Sligo and Shannon), employing 103 people across three primary disciplines - Pilots, Winchcrew and Engineers.
The dispute before the Court concerns a claim by the Union on behalf of 33 Engineers who are seeking parity between B1 and B2 licence holders.
In a 2006 agreement 20 B1 licence holders received €1,300 in movement towards realignment. Their 13 B2 licence-holder colleagues, who remained static on licence pay over two agreements, is clear proof of their commitment to the realignment process. The need for realignment was driven by a European Union aviation requirement and was clear to both parties.
A number of meetings took place between the parties in early 2008 but no agreement could be reached.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, 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 9th July, 2008.
UNION'S ARGUMENTS:
3. 1.The Union is seeking to have the full realignment payment up-front before agreeing to negotiations on cost-offsetting measures.
2. The Union would, however, be agreeable to a working party being set up to look at the issue of cost-offsetting measures provided a commitment is given by Management to deliver on the realignment payments.
COMPANY'S ARGUMENTS:
4. 1.The Company is committed to achieving parity between the different licence holders and are working to bridge the gap.
2. The Company is proposing to pay one third up-front now and the rest later after cost-offsetting measures are agreed.
3.The Company is also agreeable to the setting-up of a working party to look at ways and means of achieving cost-offsetting measures.
RECOMMENDATION:
The Court recommends that the dispute between the parties be resolved on the following basis:-
1. The parties should establish a working party to identify cost-offsetting measures to be implemented in consideration of the total re-alignment of B1 / B2 Licence pay.
2. The Employer's offer of an interim payment should be accepted. Full re-alignment should take place when final agreement is reached on cost-offsetting measures.
3. The process recommended should commence as soon as practicable and should conclude not later than 30th November 2008. If final agreement is not reached by that date outstanding matters may be referred back to the Court.
4. For the avoidance of doubt, the cost-offsetting measures referred to in this recommendation should cover both the interim and any final payments arising from the process.
Signed on behalf of the Labour Court
Kevin Duffy
14th July, 2008______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.