FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH AVIATION AUTHORITY (IAA) - AND - UNITE-ATOA DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Payments for change in excess of normal ongoing change.
BACKGROUND:
2. The case concerns whether changes required by the Authority in relation to the Northern Oceanic Transition Area (NOTA) initiative would come under "normal ongoing changes" as defined by Towards 2016 (T16). The case was originally before the Court in August, 2007, and LCR18975 issued on the 21st August, 2007. The full background to the case is contained in it. The Court, in its recommendation stated that the changes went beyond "what could be properly classified as normal ongoing change." The Court recommended that further discussions should take place between the parties in respect of the NOVA initiatives.
The parties met on a number of occasions but could not reach agreement. The dispute was referred to the Labour Relations Commission and a conciliation conference took place. At the conference the Authority offered a once-off payment of €1,000 to the Engineers involved in ongoing maintenance at Malin Head. The offer was rejected by the Union.which is seeking a 15% pay increase backdated to January, 2005. The dispute was referred to the Labour Court on the 3rd March, 2008, in accordance with Section 20(2) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 15th May, 2008. The parties agreed to be bound by the Court's recommendation.
UNION'S ARGUMENTS:
3. 1. The incorporation of NOTA onto Irish Airspace added an additional 95,000 square kilometres (an increase of 26%) to the area controlled by IAA. This has resulted in a 25% increase in operational tasking for Engineers and the Union believes that they should be rewarded accordingly.
2. The NOTA initiative has resulted in 36.7% increase in en-route traffic in 2006 generating substantial additional revenue through route charges resulting in a €13.7 million profit.
AUTHORITY'S ARGUMENTS:
4. 1. The increase in engineering workload associated with NOTA is relatively minor and represents less than 1% of total Engineering Workdays per annum.
2. The increase directly impacts on a small number of Shannon-based Engineers and is included in the Shannon Engineer work-programme in calculating staff requirements and for which staffing has been provided .
RECOMMENDATION:
The Court is satisfied that the changes associated with the NOTA initiative justifies an ongoing increase in pay for all engineers. The Court recommends that an increase of 2% should be offered by the Authority and accepted by the Union. The increase should apply from 1st August, 2007.
Signed on behalf of the Labour Court
Kevin Duffy
22nd May,2008______________________
CON.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.