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 Hayes Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Proposal for acting up agreement ATCO Expert to Station Manager
BACKGROUND:
2. The issue before the Court concerns the Company's need for Air Traffic Control Officers Expert (ATCO Expert) to cover short term absences of Station Managers. As a result of Station Managers intermittently not making themselves available to self cover in the event of short term sick leave, the Company have sought the cooperation of ATCOs Expert to cover their duties. The Company's position is that in 1995 an Agreement was reached between the parties under the local bargaining clause of the Programme for Economic and Social Progress (PESP), regarding the flexibility of duties. Under that agreement flexibility to perform tasks across grade boundaries is provided for. The Union's position is that it is not opposed to ATCO Experts covering for Station Managers provided concerns about health and safety and training are addressed.
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 matter was referred to the Labour Court on 18th February, 2011 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 27th April, 2011.
UNION'S ARGUMENTS:
3. 1 Any scheme for covering Station Managers requires serious local discussions, an up front safety case sign off, be of a voluntary nature with an inducement package superior to the call-in scheme and would have to include serious additional training.
2 The Authority has decided to increase the numbers of Station Managers from 18 to 26. It should sort out cover from within the enhanced numbers of Station Managers and other qualified senior managers, only invoking assistance from the ATCO Expert grade in exceptional emergencies.
3 The Union is not opposed to concluding an agreement on acting up provided concerns about safety and training are addressed.
COMPANY'S ARGUMENTS:
4. 1 Acting-up is a standard practice in throughout all grades in the authority. As part of the PESP agreement ATCO Experts recieved a 7.5% pay increase for flexibility measures which includes a commitment to performing tasks appropriate to a higher grade. Management is now seeking delivery of this commitment.
2 Management continue to state that training will be provided to all ATCO Experts in advance of being assigned to Station Manager duties.
3 Management are agreeable to conclude a review of acting-up arrangements within a reasonable timeframe, as proposed by the Union.
RECOMMENDATION:
The Court has carefully considered the extensive oral and written submissions of both parties in this case.
The Court notes the overriding commitment of both parties is to ensure that Irish airspace remains open to traffic and is operated in a safe and secure manner.
The Court is satisfied that the 1995 Agreement is intended to provide contingency cover for Station Managers who self cover for normal levels of absence. The contingent liability on the ATCO (Expert) Grade is that they will assume the duties of the Station Manager in order to guarantee continuity of operations in circumstances where there is an unforeseen breakdown in that grade’s self cover arrangements. It is not intended that ATCO (Expert) Grade would be called upon to provide such cover on a regular basis nor would such cover be a recurring feature of their roster. This in the Courts view is what is meant by ‘exceptional circumstances ‘ referred to in the Manual of Air Traffic Services.
The Court accordingly recommends that the parties meet with a view to agreeing appropriate training to ensure an adequate supply of trained personnel to meet any such contingency. Simultaneously the parties should agree a clear and transparent mechanism for assigning personnel to undertake such duties. These talks should be completed within four weeks of the date of this recommendation.
The Court equally takes the view that management is entitled to put in place additional cover arrangements for all contingencies that might arise in order to guarantee continuity of operations. To this end the Court recommends that the parties meet to address this need with a view to reaching agreement within a period of six weeks from the date of this Recommendation.
The parties should give consideration to availing of the services of the LRC to assist them in this process.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
8th June, 2011______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.