INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr Somers
1. Equity with cabin crew.
2. The matter was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As no agreement could be reached the matter was referred to the Labour Court on 3rd April, 2001. The Court investigated the dispute on the 9th April, 2001 under Section 26(1)(a)(b) of the Industrial Relations Act, 1990.
As a consequence of the agreements entered into by Aer Lingus with Cabin Crew and the agreement that exists between SIPTU and Aer Lingus that all groups would be treated fairly and equitably, the Union is claiming the following:-
1. The application of the Cabin Crew increased differential to Clerical and Operative Scales.
2. The application of the 15 point scale conceded to Cabin Crew to Clerical and Operative Scales.
3. The £1,230 conceded to Cabin Crew to be applied to the Clerical and Operative Scales.
4. The facility to retire between 55 and 60 as conceded to Cabin Crew.
5. The review process to include Clerical & Operative Grades.
1. The Company adopted a consistent approach with all groups; pay restructuring in all cases stemmed from flexibilities/productivity measures relevant to each category.
2. Each group put forward their own case and all claims were dealt with on their own merit and in good faith.
3. The Agreements/Proposals in all cases to date followed direct negotiations, Labour Relations Commission and Labour Court involvement and SIPTU were involved at all stages.
4. While all of the Agreements/Proposals were different, they are fair and relevant to the category of staff involved. No group received significantly higher payments than others.
Comprehensive written and oral submissions ranging over all the issues involved in the dispute were made over a 16 hour hearing.
During the hearing, a number of proposals and counter proposals were put forward by the parties.
At the end of this process, the Company put forward the following proposals as its final position:-
COMPANY FINAL OFFER:
1. The Clerical/Administrative Grade 3 scale to be adjusted, giving an increase on the minimum of £300, and on the maximum of £750, bringing the scale to £12,800 to £22,250 over 18 points.2. The higher-grade differentials for Clerical/Administrative scales to be increased to give an additional £375, to a new total of £1880, in Grade 2, and an additional £750, to a new total of £4000, in Grade 1.
3. The Operative scale to be increased by £1015 at maximum on all scales, plus £203 shift allowance, over 18 points.
4. The Operative grade differentials to be increased by +20%, inclusive of shift allowance.
5. The Company will accept early retirals over 55 years on the same basis as was extended to Cabin Crews, up to a maximum of the number of eligible Cabin Crew who leave under this arrangement, such total to be shared between Clerical/Administrative and Operative grades.
6. The Company will agree that Fora be set up for both Clerical/Administrative and Operative grades. The terms for these Fora to be agreed between the parties.
The Court having considered in detail the written and oral submissions made by the parties and having taken into account all of the issues involved in the dispute, finds the Company offer to be reasonable in the circumstances.
The Court, therefore, recommends that the Union accept the proposals as outlined.
If clarification is required on the detail of the proposals, this should be addressed by the parties, immediately.
Given the major disruption to the travelling public, and the commercial consequences arising from the ongoing industrial action, the Court would earnestly request the Union to postpone any further industrial action pending its decision on this recommendation.
Signed on behalf of the Labour Court
10th April, 2001______________________
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.