FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GATE GOURMET - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. 1. Pay Claim 2) Transfer of members on Gate Aviation contracts to Gate Gourmet contracts 3) End to Practice of using agency workers
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 27 February 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on 4 April 2017.
UNION’S ARGUMENTS:
3. 1. The pay claim is within the financial capability of the employer.
2. There is no reason for employees to remain on Gate Aviation contracts.
3. Proposed changes to weekend rostering are unnecessary.
EMPLOYER'S ARGUMENTS:
4. 1. The pay proposal is fair and equitable.
2. The proposal was recommended by SIPTU to its members.
3. Proposed changes to weekend rosters will not reduce the number of weekends employees are off work.
RECOMMENDATION:
The Court has given careful consideration to the written and oral submissions of the parties. The Court takes particular note of the history of engagement between the parties as regards the matters in dispute.
The Court recommends that the proposal issued by the Workplace Relations Commission should be accepted with the following amendments:
•That with the exception of those personnel who are direct reports to the General Manager, the Company should pay a 2.25% increase with effect from 1stJanuary 2016 (this is without prejudice to the company’s policy regarding payment to those in their first year of employment and the union’s policy regarding the application of wage round increases).•That, in respect of 2015, with the exception of those personnel who are direct reports to the General Manager, the Company should pay a 1% increase with effect from 1stJanuary 2015 and a tax exempt voucher to the value of €250 to all permanent employees (voucher to be paid pro-rata to those in employment for part of the year).
•That, for the months of July, August and September only, Saturday and Sunday working should no longer be fixed to once every three weeks, but the number of weekends worked in a year will not increase. No more than three weekends to be rostered in a row. The parties should engage constructively on the operational detail of this matter such that it can be implemented in July 2017. The parties should seek to minimise the effect in practice on individuals wherever possible.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
LS______________________
10 April 2017Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Louise Shally, Court Secretary.