The Labour Court has rejected union claims that the introduction of new technology projects for air traffic controllers does not represent normal ongoing change.
These changes in working practices were central to the dispute at Irish airports last week that disrupted the travel plans of up to 20,000 passengers.
The trade union Impact, which represents the air traffic controllers, had contended that the changes proposed by the Irish Aviation Authority would involve its members taking on new duties and responsibilities and would represent a fundamental alteration to work practices. The union maintained that it was "a legitimate aspiration" for air traffic controllers to be rewarded for changes that were in excess of normal ongoing change.
The Irish Aviation Authority (IAA) had argued it was seeking to introduce the four new technology projects in order to meet its customers' needs and to maintain the highest standards of safety. It also said continuing investment in new technology was a feature of the industry worldwide.
Last week air traffic controllers staged industrial action in support of colleagues who had been suspended by the IAA for refusing to co-operate with the new technology projects. The company said this lack of co-operation formed part of an overall campaign to secure a pay increase of six per cent and to avoid changes to existing pension arrangements.
The union denied this claim and said members were waiting for the Labour Court to adjudicate on the new technology issue.
In its binding recommendation on the new technology projects, issued today, the Labour Court found that in the case of each of projects, it seemed the real benefit of the changes would accrue to the users of the service provided rather than to the authority itself.
"As the court has held on a number of occasions in the past normal on-going change should be understood as referring to situations in which new systems or methods are deployed to provide what remains essentially the same service under the same or similar conditions."
"It should be understood in contradistinction to significant change, which occurs where workers are required to provide a substantially different service or to provide the same service under substantially different conditions. The application of this general principle must, however, take account of the type of industry or sector involved and the extent to which change is an inherent and necessary feature of the industry or sector,” it said.
The court said it had applied these general principles to the facts of the present case. It said it was self-evident that air traffic control services were delivered through advanced and sophisticated technologies and the authority must be in a position to avail of new systems as they became available so as to keep abreast of developments internationally and at European level.
"It is also clear that none of the changes proposed will impact detrimentally on the terms and conditions of employment of the staff affected. Nor is there any evidence that the changes will lead to either cost savings to the authority or increases in its revenue,” the Labour Court said in its recommendation.
"Having regard to these and all other relevant considerations the court has come to the conclusion that the changes associated with the disputed projects does not go beyond the parameters of what can properly be classified as normal ongoing change.”
A spokesman for Impact said this afternoon union members would adhere to the recommendations of the Labour Court.
The Irish Aviation Authority said it welcomed the Labour Court's finding.
A separate Labour Court recommendation on the issues of pay and pensions is due in the days ahead.
