FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NOONAN SERVICES (SHANNON AIRPORT) (REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRELAND) LTD) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Mr Shanahan |
1. Pay Issue (Duty Allowance)
BACKGROUND:
2.
This dispute relates to the Union’s claim for the payment of a duty allowance for Securtiy Workers employed by Noonans at Shannon Airport, Co.Clare. 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 the 4th May 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
UNION'S ARGUMENTS:
The Union argued that the unique circumstances and specialised nature surrounding the security function carried out by Security Workers in Shannon Airport entitled the Workers in question to a site specific premium increase in their hourly rate of pay.
COMPANY'S ARGUMENTS:
The Company contended that the nature of the security work carried out by the Workers in question was not of sufficient risk so as to justify a differentiation in pay for Airport security work compared with other types of security work.
RECOMMENDATION:
- Having particular regard for the following distinctive requirements:
•Specialised duties at the Airport Search Unit at Shannon Airport;
•Testing and accreditation by multiple aviation regulatory bodies;
•Ongoing assessments for continued certification;
•Security clearance and Garda vetting.
The Court finds that there is merit in the claim for the introduction of an allowance to reflect this unique and special situation. The union has stated that this claim is exclusive and stand-alone and pertains only to the Noonan's security workers at Shannon Airport. The Court notes, and accepts, that the union agrees that this recommendation is not intended to have knock-on implications within the security industry and will not have any application to any other circumstance within the security industry.
The Court recommends that the parties meet to negotiate an appropriate allowance that reflects the specialist duties whilst also having due regard for the commercial circumstances and exigencies of the employer's contract with its client. Without prejudice to the negotiations, in return for the introduction of an allowance, the security workers concerned must, on an ongoing basis, fully co-operate with all regulatory/training/assessment requirements as determined by the employer.The parties are to complete their negotiations within two months of the date of this recommendation. Should the parties fail to agree then the matter should be referred to the Workplace Relations Commission for conciliation and, if need be, back to the Court for a definitive recommendation.
Signed on behalf of the Labour Court
Brendan Hayes
JD______________________
14 June 2017Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.