L’inizio della Fine
Novembre 2004
A number of senior Ryanair pilots have made a complaint about victimisation in the workplace to the Labour Relations Commission (LRC). The complaint stems from the actions of the airline's senior management, who are seeking to persuade the pilots to accept terms and conditions attached to their training to fly new aircraft.
Ryanair has told the pilots that they will have to pay €15,000 to complete this training if the airline is forced to deal with a trade union over the next five years.
Ryanair has been notified of the complaint and will be invited to attend a hearing at the LRC on the issue. A spokesman for the airline said it was in correspondence with the LRC and would make no further comment.
A number of other pilots at the airline are also believed to be considering a similar claim.
The victimisation complaints have arisen as the airline has begun to offer its senior captains conversion training courses to fly its new Boeing 737-800 aircraft. Earlier this month Ryanair's head of operations, Mr David O'Brien, wrote to these individuals to offer the training course and stated that the offer was conditional upon their "understanding and acceptance" of a number of conditions.
In this letter, seen by The Irish Times, Mr O'Brien states that the training programme will cost €15,000, a sum he said was "modest" in the context of pilots' income, and that Ryanair would write off this debt if they agreed to certain conditions.
The pilots must remain working at Ryanair for five years and he warned that they would have to repay the full training costs if they were represented by a trade union or staff association. "We wish to remind you that should this policy be altered and Ryanair be compelled to engage in collective bargaining with a pilot association or trade union within five years of commencement of your conversion training, you will be liable to repay the full training costs." The letter continues: "Naturally this does not and will not affect your right to freely join any trade union or association of your choice."
Mr O'Brien states that, should the pilots decline this offer, they could be facing redundancy when the existing Boeing 737-200 fleet is phased out in Dublin. They were given seven days to accept the airline's offer or it would immediately lapse. Mr O'Brien signed off by congratulating the pilots on being selected for this training, adding: "We look forward to working with you."
Prior to receipt of this letter, the pilots had attended a meeting with senior Ryanair management where management had outlined a number of "consequences" if they were to opt to be represented by a trade union or association in their dealings with the airline.
According to sources, the consequences included no share options or pay increases, no promotions in Dublin, payment for future recurrent training, the cancellation of staff travel when in uniform, being required to take annual leave in blocks of five days only and possible redundancies. The pilots were told that if the IALPA didn't "go away", the €15,000 conversion training fee would become a mandatory up-front charge.
The victimisation complaint will be heard in private by a rights commissioner who will issue recommendations. This process will go ahead even if Ryanair refuses to attend.
Either party can appeal those recommendations within six weeks to the Labour Court and if upheld the recommendations are binding. Either side can then apply to the Circuit Court to seek the enforcement of the recommendations.
And then this. All in one day
A complaint regarding the alteration of contracts of employment at Ryanair will be moved to the Labour Court.
The complaint, which was initially lodged by the Irish Airline Pilots Association, a division of the IMPACT trade union, at the Labour Relations Commission (LRC) has progressed to the Labour Court, which could issue a binding decision.
The union wants to reach agreement that pilots will be supplied with full particulars of their contract of employment in accordance with the Terms of Employment (Information) Act 1994. It also wants to ensure that contracts of employment cannot be altered other than by agreement.
This week Ryanair chief executive Mr Michael O\'Leary said he would not let the Labour Court impose conditions on the airline and that he would mount a constitutional challenge to the Act.
Two weeks ago Mr O\'Leary wrote to Mr Declan Morrin, LRC director of advisory services, after it had notified the airline of the complaint. In the letter, seen by The Irish Times, Mr O\'Leary said Ryanair would not participate in the proposed procedure and said IMPACT and IALPA had no basis for making the application.
"We will not allow a trade union, which primarily represents the pilots of our main competitor, to impose effective union recognition through the back door of the Labour Relations Commission, using what is clearly an unconstitutional process," he stated.
Mr O\'Leary warned the LRC that, unless it received confirmation that this "unwarranted and unconstitutional interference" would cease by November 22nd, Ryanair would initiate legal proceedings to challenge the constitutionality of the 2001 Industrial Relations (Amendment) Act and its 2004 Amendment.
"This challenge will, when successful, prevent any further interference by trade unions and the Labour Relations Commission in the affairs of high-pay, non-union multinational companies like Ryanair," the letter stated.
Mr O\'Leary said that, if the airline did not receive such confirmation from the LRC, High Court proceedings would follow without further notice. Yesterday, a Ryanair spokesman said its position remained unchanged.
The IALPA case is being taken under the Industrial Relations (Miscellaneous Provisions) Act 2004, a measure which emerged from discussions between the social partners on the issue of union recognition.
P.S.
Sarei tentato di invitare qualcuno a non confondere sistema pensionistico contributivo e retributivo, altri a non prendere pagliuzze per schegge, travi per tronchi e Vangelo per Bibbia. Potrei anche aggiungere che solo dopo l'Aventino vennero concessi al POPOLO i Tribuni della plebe.
Sarebbe come sparare sulla Croce Rossa.
Certo sarebbe difficile immaginare Raymundo e tonik vestiti da tribuni... Ma con un po' di fantasia..
Vs Pterosauro