FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AER LINGUS - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Issues arising from restructuring of Cabin Crew Management
BACKGROUND:
2. This case concerns a dispute between Aer Lingus and IMPACT in relation to issues arising from restructuring within Cabin Crew Management. The issues were not agreed at local level and were the subject of a number of conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. Labour Court hearings took place on the 22nd November 2013 and 12th December 2013. The following is the Court's Recommendation:
RECOMMENDATION:
The matter before the Court concerns issues arising from the restructuring of Cabin Crew Management. The matter first came before the Court in April 2013 when the Court recommended that without prejudice to either party’s position the parties should jointly return to the conciliation services of the Labour Relations Commission with a view to identifying the remaining issues in dispute. As no issues were resolved at this forum the case was referred back to the Court.
The Court held a hearing on 22ndNovember 2013 at which it made clear to the parties that they should enter into meaningful productive negotiations, they should park any issues not in agreement and refine the issues in dispute. A date for a further hearing (12thDecember 2013) was given to the parties to deal with any outstanding matters.
Submissions were presented to the Court for the hearing on 12thDecember 2013. Having read the submissions the Court has come to the view that there have been no meaningful negotiations between the parties on the issues in dispute.
Having considered the positions of both sides the Court recommends that in all the circumstances it is appropriate that the Claimants involved in this case represented by IMPACT should retain their existing collective bargaining rights and the Company and Union should progress matters in dispute accordingly. In that context, the Court recommends that this process should now take place, negotiations should commence and be completed by no later than 14thFebruary 2014. If there are any remaining outstanding issues on the completion of this process they may be referred back to the Court for a definitive Recommendation.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th December 2013______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.