FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN AIRPORT AUTHORITY - AND - 30 CLERICAL STAFF (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Ms Treacy |
1. Restoration of previous TOIL for travel time, removal of travel time cap and restoration of door - to -door arrangement for calculating travel time.
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 18 December 2019 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 7 February 2020.
UNION ARGUMENTS:
3. 1. The Union contends that a member working on extra time in the office and receiving 1.5 TOIL should also receive 1.5 TOIL if travelling away from the Shared Services Centre (SSC).
2. The Union contends that the travel time outside normal working hours, as was the case previously of door-to-door travel time, which reflected the earlier departure and later arrival back was reasonable and fair.
3. The Union contends that restoration of what was the norm in SSC is reasonable and that any change should be by agreement.
EMPLOYER ARGUMENTS:
4. 1. The Union’s claim is cost - increasing and outside the terms of the Company/Union Agreement reached in May 2018.
2. Any concession of the Union’s claim would set a precedent and lead to potential knock on - claims.
3. The rate at which time in lieu is calculated for time spent travelling after normal working rostered hours has always been determined at the Company’s discretion.
RECOMMENDATION:
Background to the Dispute
There are two issues encompassed by the within dispute. The Union - on behalf of thirty of its Members employed as clerical staff by Dublin Airport Authority (‘the Company’) in Limerick – is seeking: (a) restoration of 1.5 time-off-in-lieu (TOIL)/Time-in-lieu (TIL) that was discontinued from 2010; and (b) removal of a five-hour travel cap and restoration of a door-to-door arrangement for the calculation of travel time.
(a) TIL for Travel Time: The Union submits that in 2015 the Company’s local management in Limerick unilaterally changed the TOIL and TIL arrangements applied for time worked outside the office, for example, attending business meetings in Cork and Dublin. Although, it raised the issue with management at the time and since, the Union didn’t prioritise it – it says – because it chose to focus on issues connected to the relocation of the office from Shannon to Plassey in Limerick that took place in 2016.
The Union further submits that when a Member works extra time in the office, he/she gets 1.5 times TOIL/TIL. It contends that the same arrangement should apply when a Member is travelling to and from Limerick to Cork or to Dublin to attend business meetings.
The Company submits that it draws a distinction between travel time and working time meaning that TIL for travelling time is calculated at flat time while TIL for time spent working outside of normal office hours attracts a premium – typically time plus a half. The Company also submits that this has been its practice since 2009/2010. According to the Company, this issue was first raised by the Union in 2017/2018 and then formally raised for the first time in 2019.
(b) Five-Hour Travel Cap/Door-to-Door Calculation of Travel Time: The Union submits that the Company began to impose a five-hour cap on travel time, irrespective of the actual travel time claimed, in 2015 and did so unilaterally. The Company also began to calculate travel time analogously with the Revenue-approved model for travel expenses i.e. on the basis of the shortest distance to and from the meeting location as opposed to a door-to-door basis. The Union’s case is that the door-to-door basis, without any mandatory cap, is a fairer approach as it reflects a Member’s earlier start time and later finishing time when travelling on business.
The Company submits that the five-hour cap on a single round trip in Ireland is reasonable given that the majority of travel takes place between Plassey and Cork airport (three hours and twenty minutes per round trip) and Plassey and Dublin airport (four hours and thirty-two minutes per round trip). According to the Company, local Management have always taken a commonsense approach when applying the five-hour rule. The Company denies that there was ever a practice of providing TIL on a door-to-door basis.
Recommendation
The Court notes that discussions have been underway for some time between the Company and the Unions to reach agreement in relation to a standardised Time and Attendance Policy for all business units.
The Court recommends that the current (i.e. pre-2015/post-2010) arrangements that apply to the Workers in respect of travel time and time-in-lieu be red-circled for a period of twelve months from the date of the within recommendation or until an agreement to apply standardised arrangements across the Company is achieved, whichever is the earlier. In the event that agreement is not reached within a period of twelve months, the post-2015 arrangements shall apply thereafter.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
MK______________________
12 March 2020Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Mary Kehoe, Court Secretary.