FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DAA - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Allowance (Certification Payment).
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Workplace Relations Commission. As agreement was not reached the dispute was referred to the Labour Court on 3 August 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place 4 October 2016.
UNION'S ARGUMENTS:
3.1. The matter relates to a new requirement being placed upon Airport Police Members to obtain Irish Aviation Authority (IAA) ‘certification’ so as to be in a security compliant position to conduct ‘Targeted Patrols’ as part of their ongoing policing duties.
2. The achievement of such ‘certification’ by the Union’s members needs to be appropriately recognised in line with other relevant categories of staff covered by the same collective agreement, who receive ‘certification payments’.
3. Such a payment should be made to the Airport Police in recognition of this new requirement being placed upon them by the (IAA) for state approved qualifications in furtherance of their duties and in line with their supervisory officer colleagues, who do receive separate ‘certification’ payments.
COMPANY'S ARGUMENTS:
4.1. Airport Police Staff have accepted as per the 2003 Airport Police Fire Service Agreement to participate in the required training for (IAA) certification.
2. A fundamental requirement of the Airport Police Role is that they must undertake and successfully complete any and all relevant training and assessment. On completion of this (IAA) certification process, in this instance for surveillance and patrols, they are simply demonstrating skills already acquired.
3. Certification is a mandatory requirement as set out by the (IAA). There is nothing contained within the APFS 2003 agreement for this category of staff to receive any additional payment for undertaking training or certification, statutory or otherwise.The Company requests that in accordance with the 2003 APFS agreement that the Labour Court recommend a Facilitator/Arbitrator to deal with both the Company and Union outstanding issues and agendas for this category of staff across the Dublin Airport Police and Fire Service with a view to reaching an agreement including pay issues.
RECOMMENDATION:
The Court has given careful consideration to the submissions of both parties to this dispute. The Court notes that the parties have agreed to engage in a comprehensive review of pay and conditions of employment of all categories of staff employed in the Company. The Court takes the view that all pay related matters howsoever arising should be dealt with in that process.
Accordingly, without making any findings on the merits or otherwise of the matter before it, the Court recommends that the parties consider and dispose of this claim in the context of those talks.
Should any issues remain outstanding at the end of that comprehensive process the parties are free to refer them back to the Court for a definitive recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
6 October 2016______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.