Quintilian
9th Sep 2011, 15:58
""
Here are some news from Germany:
As you all might have heard in the meantime, we are at the end of arbitration. After extremely disappointing and totally frustrating negotiations during the entire summer period, we finally had to declare the failure of the negotiations. Having said that, we called for industrial action - which put us directly in front of the (first) judge - DFS trying to stop our strike with legal means. We ultimately had to go through several court cases and finally won the main verdict - with DFS calling for arbitration instantly.
We are now awaiting the suggestion of the arbitrator for the 07.09. Each party has then the right to think about it till September, 16th. No industrial action possible until then.
There might be (theoretically) a second round of arbitration, but only if both sides agree. No legal steps possible anymore.
Allow me to give you some more insight details of this process - to give you an idea how DFS top management operates in the meantime:
The problem during the very tough negotiations with DFS was: DFS continuously combined their "offers" during the negotiations with the obligation for us to work MUCH more: two hours more per week and MUCH more overtime per year. Currently we are obliged to work 150 hours overtime per year. From 01.01.12 on, this limit goes down to only 80 hours maximum overtime hours, which we had been agreed on already many, many years ago as a "long term deal" with DFS.
Due to "unsatisfactory circumstances" (will need to explain this orally one day), this limit of 80 hours will definitely "kill" our roster in spring 2012, we know that (due to serious lack of personnell at several units, we will have reached this limit already in about May 2012 (!!) and what then? Closing down sectors? Single person operation with severe flow control meaning excesive delay figures?). This was also an improtant issue during arbitratio. DFS insisted over months on 250 (!!) hours mandatory working overtime per year - which is more than TWO MONTHS per year extra!!! They have offered 5,2% salary increase over 29 months (their first offer was for 49 months!!), but ONLY - again - if we work 2h more per week and all the rest, again combining it with more capacity that we shall deliver......calculating inflation into this equation means that we would end up in a MINUS salary, in a deduction of the monthly income of approximately 2,1%! Including a FLEXIBLE part of the salary, depending on every ATCOs performance.....!!
There are some more issues like career opportunities, licensing issues and qualifications problems as well as "misunderstandings" in our salary category scheme intentions. We are also talking about, e.g., about the need of a licence before moving to certain operational office jobs, like airspace design, safety management and for Supervisor. Many, many issues and pretty complex. But DFS always combined all "offers" with the obligation to work more and with extended overtime.
In addition to that we had some demands in the structure of our "grouping agreement", especially that we would like to restrict the influence of non-ops and lawyers on the operational business. Also the functions of the lower management like Chief Operational Supervisor should be written down in the social agreement, including salary and job requirements, since for the time being this function is outside our tarif system. Further on, we would like to make sure that these positions could only be executed by experienced ATCOs following the senority principle, with the senority principle also being applied for the ATSEP and admin career.
As said before, we are now at the end of the arbitration and we are curiously waiting for the suggestion of the arbitrator. He's a law professor from Munich University, will find a brilliant solution to cut this "gordic knot". It will be very, very difficult, since DFS always explained to all of us (and the media) that our negotiation package is COMPLETELY ILLEGAL and they will prove it. Now, "unfortunately" they had to deal with it in detail, since the Labour High Court in Frankfurt has given US, GdF, the full legal prove that it IS legal and alright!! Full success for us!!! So, DFS has already closed many doors, broke many bridges during the previous negotiations (they even said in a publication that "we haven't "negotiated" yet, it was just some kind informal conversations (!!) and we have started a strike already after the FIRST real meeting".....!! This was after EIGHT meetings of clear and obvious negotiations!!). It's all a big mess and we are all very happy when this is over. This year is, by far, the most difficult negotiation ever!!
""
Here are some news from Germany:
As you all might have heard in the meantime, we are at the end of arbitration. After extremely disappointing and totally frustrating negotiations during the entire summer period, we finally had to declare the failure of the negotiations. Having said that, we called for industrial action - which put us directly in front of the (first) judge - DFS trying to stop our strike with legal means. We ultimately had to go through several court cases and finally won the main verdict - with DFS calling for arbitration instantly.
We are now awaiting the suggestion of the arbitrator for the 07.09. Each party has then the right to think about it till September, 16th. No industrial action possible until then.
There might be (theoretically) a second round of arbitration, but only if both sides agree. No legal steps possible anymore.
Allow me to give you some more insight details of this process - to give you an idea how DFS top management operates in the meantime:
The problem during the very tough negotiations with DFS was: DFS continuously combined their "offers" during the negotiations with the obligation for us to work MUCH more: two hours more per week and MUCH more overtime per year. Currently we are obliged to work 150 hours overtime per year. From 01.01.12 on, this limit goes down to only 80 hours maximum overtime hours, which we had been agreed on already many, many years ago as a "long term deal" with DFS.
Due to "unsatisfactory circumstances" (will need to explain this orally one day), this limit of 80 hours will definitely "kill" our roster in spring 2012, we know that (due to serious lack of personnell at several units, we will have reached this limit already in about May 2012 (!!) and what then? Closing down sectors? Single person operation with severe flow control meaning excesive delay figures?). This was also an improtant issue during arbitratio. DFS insisted over months on 250 (!!) hours mandatory working overtime per year - which is more than TWO MONTHS per year extra!!! They have offered 5,2% salary increase over 29 months (their first offer was for 49 months!!), but ONLY - again - if we work 2h more per week and all the rest, again combining it with more capacity that we shall deliver......calculating inflation into this equation means that we would end up in a MINUS salary, in a deduction of the monthly income of approximately 2,1%! Including a FLEXIBLE part of the salary, depending on every ATCOs performance.....!!
There are some more issues like career opportunities, licensing issues and qualifications problems as well as "misunderstandings" in our salary category scheme intentions. We are also talking about, e.g., about the need of a licence before moving to certain operational office jobs, like airspace design, safety management and for Supervisor. Many, many issues and pretty complex. But DFS always combined all "offers" with the obligation to work more and with extended overtime.
In addition to that we had some demands in the structure of our "grouping agreement", especially that we would like to restrict the influence of non-ops and lawyers on the operational business. Also the functions of the lower management like Chief Operational Supervisor should be written down in the social agreement, including salary and job requirements, since for the time being this function is outside our tarif system. Further on, we would like to make sure that these positions could only be executed by experienced ATCOs following the senority principle, with the senority principle also being applied for the ATSEP and admin career.
As said before, we are now at the end of the arbitration and we are curiously waiting for the suggestion of the arbitrator. He's a law professor from Munich University, will find a brilliant solution to cut this "gordic knot". It will be very, very difficult, since DFS always explained to all of us (and the media) that our negotiation package is COMPLETELY ILLEGAL and they will prove it. Now, "unfortunately" they had to deal with it in detail, since the Labour High Court in Frankfurt has given US, GdF, the full legal prove that it IS legal and alright!! Full success for us!!! So, DFS has already closed many doors, broke many bridges during the previous negotiations (they even said in a publication that "we haven't "negotiated" yet, it was just some kind informal conversations (!!) and we have started a strike already after the FIRST real meeting".....!! This was after EIGHT meetings of clear and obvious negotiations!!). It's all a big mess and we are all very happy when this is over. This year is, by far, the most difficult negotiation ever!!
""