FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN AIRPORT AUTHORITY - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Interpretation of Agreement / Change In Management Structure Airport Police
BACKGROUND:
2. This disputeconcerns an interpretation of a Registered Employment Agreement (REA) concerning a change in the management structure of Airport Police on shift duty.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 24th January 2012, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 25th July, 2012.
UNION'S ARGUMENTS:
3 1 There have been changes in work practices since 2003 when the REA was registered. This issue is not about the Management structure, rather the procedures adopted by Management.
2 The role of Duty Manager was that of a day worker and introducing shift work impinged on the Sergeant's role.
3 Introducing Duty Managers on shift work is a breach of the REA.
COMPANY'S ARGUMENTS:
4 1 The Company does not believe the REA precludes them from making changes to the Management structure.
2 The Gardai and External Consultants agreed with the changes following incidents at the airport.
3. The six new posts were necessary to ensure that proper command procedures were in place.
RECOMMENDATION:
The issue before the Court brought under Section 26(1) of the Industrial Relations Act, 1990 concerns an interpretation of a Registered Employment Agreement (REA) concerning a change in the management structure of Airport Police on shift duty. The Union submitted to the Court that Management’s actions in introducing Police Duty Manager on shift was a breach of the REA. The REA was completed between the parties in 2001 and was registered with the Labour Court in 2003.
The Union submitted to the Court that since the REA became operational it has been well established that Police Duty Manager was a day worker position, working Monday to Friday, 9am to 5pm (save for operational requirements). It held the view that the imposition of the Police Duty Manager on shift dilutes the integrity and responsibilities of the Police Sergeant Grade. The Union held that by introducing Police Duty Managers on shift without its agreement, Management had failed to adhere to the grievance procedures contained in Article 14 of the REA.
Management submitted that the REA does not and could not preclude it from making changes to management structures, the introduction of the Police Duty Manager on shift provided six additional promotional opportunities and was necessary in order to strengthen the command structure in place. It held the view that the decision to appoint the six Airport Police Duty Managers on shift was a prerogative of the Company and was necessary in order to ensure a proper command structure to provide the necessary tactical and operational support in the event of an incident occurring. It stated that the appointment had become necessary following a number of recent incidents and was recommended by an expert group assigned to examine its policing structure.
Having considered the oral and written submissions of both sides the Court notes that no provision of the REA has been identified to indicate where a breach may have occurred. The Appendix to the REA provides an organisational chart of the positions in place at the time of its agreement. This chart does not include a Shift Police Duty Managers category, consequently the Union submitted that the introduction of such a category was an alteration to the terms of the REA without agreement.
The Court notes that the Union does not dispute Management’s right to change its management structure as it sees fit, similarly it does not and has not disputed its right to have Police Duty Manager on days, however, its dispute centres on the appointment without agreement of such managers on a shift arrangement. The Court notes that Management has been seeking to introduce this shift arrangement since 2006 and when no agreement was reached with the Union, it proceeded to appoint the six Police Duty Manager on shift in September 2011.
The Court is satisfied that no breach of the REA has occurred by the appointment of the six Police Duty Manager on shift in September 2011 and none has been identified. The Court cannot see how Management could not have the right to decide on the appropriate policing management structure to have in place for the Airport including shift requirements.
The Court is satisfied that Management entered into protracted discussions on this issue without agreement since 2006 and finds that no breach of the REA occurred by Management’s appointment of Police Duty Manager on shift in September 2011.
The Court so Recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
3rd August 2012______________________
C.RDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.