FULL RECOMMENDATION
CD/22/177 CC166481-22 | RECOMMENDATION NO. LCR22674 |
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
CHC IRELAND
- AND -
41 PILOTS (REPRESENTED BY FORSA)
DIVISION:
Chairman: | Mr Foley | Employer Member: | Mr O'Brien | Worker Member: | Ms Treacy |
SUBJECT:
1.Pay Increase, Pensions, Overtime Payment For Post 13:00 Overtime, Loss Of Licence.
BACKGROUND:
2.This dispute could not be resolved at local level and was the subject of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 1 September 2022 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 18 October 2022.
UNION’S ARGUMENTS: 3. 1. The Union states that the employer’s response to the claim fell short of what is required to resolve the dispute.
2. The Union states that the employer operates as part of a much larger global company and is in a position to meet the cost of the claim.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer states that due to the nature of the contract under which it operates there is no opportunity for to recover any increase in costs arising from concession of the claim.
2. The Employer states that the maintenance of good Industrial Relations is of fundamental importance in the safety critical environment in which its employees work.
RECOMMENDATION:
The Court has considered carefully the written and oral submissions of the parties. The Court notes the substantial agreement between the parties on a range of matters and their agreement on the cost of the Trade Union claim. The Court also notes the significant disagreement between the parties on the capacity of the employer to meet the cost of the claim having regard to the nature of its business in the jurisdiction and the contractual terms associated with that business.
The Court has been made aware of the history of negotiations on the matters in dispute and of the value to both parties of achieving a resolution at this time. In all of the circumstances outlined in the submissions of the parties, the Court recommends as follows:
Pay Increases to apply as follows: May 1st2022 2.5% May 1st2023 2.0% May 1st2024 2.0% May 1st2025 2.0% May 1st2026 2.0%
Pension contribution Increases to apply as follows: May 1st2022 1.0% May 1st2023 1.0% May 1st2024 1.0% May 1st2025 1.0% May 1st2026 1.0%
Loss of licence cover Increase to apply as follows: To be increased to €190,000 for captain w.e.f 1stJanuary 2023 To be increased to €130,000 for co-pilot w.e.f 1stJanuary 2023
Working after 13.00 Standard hourly rate of overtime to apply after 13.00 with each portion of an hour to count as an hour. The Court so recommends. | Signed on behalf of the Labour Court | | | | Kevin Foley | CO'R | ______________________ | 10 November, 2022 | Chairman |
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary. |