FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KERRY AIRPORT (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Payment for unsocial hours on afternoon/evening work.
BACKGROUND:
2. The Airport was established in 1968 at Farranfore and currently handles over 400,000 passengers per annum. During 2010 the Airport's anchor airline reduced the number of flights to one per day and this resulted in significant difficulties, initially some staff were laid off, sixteen staff were made redundant and premium rate payments for unsocial hours were no longer paid. In November 2011 another airline commenced a new Kerry to Dublin route twice a day but as the new shifts, rotas and work patterns were not deemed to be unsocial, Management have refused to pay premium rates to the staff as before.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 30th November 2012, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 28th February, 2013.
UNION'S ARGUMENTS:
3. 1. Our members had shift payments of 16% for afternoon and evening shifts prior to 2011 and reasonably could expect it to be paid again when similar shifts resumed with the new contract.
2. Taking regard that the Workers have had no pay increase since 2007, that overtime is currently almost extinct and the co-operation of the Workers to reduce costs during the difficult period of 2010/2011 the Company should now show its willingness to pay the unsocial shift premium..
COMPANY'S ARGUMENTS:
4. 1. Every effort has been made by Management to retain as many staff as possible in employment. All costs at the Airport are being monitored very closely, an additional 16% premium to hours worked in the afternoon would have serious consequences in terms of cost containment.
2. The Airport is in a very fragile financial state and is depending on subvention from the Government which is something that can't be relied upon on an on-going basis.
RECOMMENDATION:
The issue before the Court concerns a claim for working unsocial hours on afternoon/evening work. Previously, the shift system rotated between two shifts, 5am – 4pm and 11am -11pm. The Company replaced the later rota for operational reasons with an afternoon/evening rota and eliminated the shift premium in December 2010 while retaining the premium of 16% for the early rota.
The Union sought the retention of the shift premium for the later rota for the year 2012 and going forward.
At conciliation a set of proposals dated 13thAugust 2012 was devised which included a offer to pay 8% for the new rota and contained a no-cost increasing claims clause for the duration of the Airport’s current Public Service Obligation subsidy which is due to expire in November 2014.
Having considered the submissions of both sides, the Court is of the view that the proposals set out at conciliation are fair and reasonable in the circumstances and should be accepted in settlement of this claim to take effect retrospectively from 13thAugust 2012.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th April, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.