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: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Implementation date of Productivity Increase
BACKGROUND:
2. This dispute concerns the phasing in and implementation dates of an agreed pay increase arising from a long-standing productivity claim relating to the Single Person Operation (SPO) in the Air Traffic Control operation. The Union want the pay increase phased in over three consecutive years, starting in January 2010; the Employer wants it phased in over two consecutive years, starting in June 2012.
This 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 27th January, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 25th March, 2009, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. This claim has been ongoing since 2003 and has already been the subject of two previous Labour Court Recommendations (LCR 18810 & LCR 19090).
2. The Union has accepted both Labour Court Recommendations and also the findings of the independent consultant whose appointment was recommended by the Court.
3.The Workers are no longer willing to accept change for the promise of payment long into the future.
EMPLOYER'S ARGUMENTS:
4. 1. The aviation industry is in a financial crisis.
2. The Employer cannot, for the time being, concede a claim which would force it to increase its charges to the aviation industry.
3.Concession of this claim will have a consequential knock-on effect on a pension fund which is already in significant deficit.
RECOMMENDATION:
The matter before the Court concerns the phasing in and implementation dates of an agreed 6.5% pay increase arising from a productivity claim relating to the introduction of Single Person Operation.
The Court has carefully considered the submissions of both sides on the issue and recommends that the 6.5% productivity increase should be implemented as follows:
3.50% from 1st December 2010
3.00% from 1st March 2012
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
31st March, 2009______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.