Aer Lingus Strike Action: The importance of good internal industrial relations

Over recent times Aer Lingus has had a number of labour disputes with its employees which has impacted company profits and the image of the airline. The latest strike is another bad episode in relations between the employer and its employees. The cause of the dispute: The recent strike action to affect Aer Lingus has been one of the most damaging for the airline in recent years with profit predictions down 10-20% on last year as a consequence. The union representing the cabin crew, IMPACT, served notice of industrial action in a row over rosters, which it says places excessive demands on cabin crew. IMPACT have claimed that some cabin crew have had to work 6 days on with one day off and 6 days on again. On the other side of the argument the Aer Lingus management have said that any suggestion by the union that cabin crew members were working 16 hour days or 60 hours a week is “extremely misleading”. The inability of the airline to resolve the dispute cabin crew were having with the roster system resulted in strike action and the Labour Court having to step in as an intermediary between IMPACT and the airline to try and resolve the dispute. What the Cabin Crew want: IMPACT says it is seeking the same roster arrangements that have been granted to pilots which is 5 days on and 3 days off for short haul flights and 2 days on and 3 days off for long haul flights. The union argues that cabin crew are suffering from fatigue particularly on long haul flights as a result of the current roster which only allows for a 2 day rest period. They claim that the new proposals are the same roster system that have been adopted by other airlines and ensures a good quality service by cabin crew on all flights. Trying to resolve the issue: The breakdown in attempts held internally by the airline to try and resolve the dispute, with both sides accusing the other of a lack of engagement, led to strike action by cabin crew members on the 30^th of May with over 200 flights having to be cancelled. Following this the airline then withdrew staff travel privileges form cabin crew. Aer Lingus historically has tried to avoid going down the route of a public forum as means in trying to get such labour disputes resolved, instead favouring an internal means of resolution. However, such has been the severity of the most recent dispute that the Labour Court has had to intervene under the public interest provision contained in the Industrial Relations Act 1990. The intervention of the Labour Court: The Labour Court appears to have saved the situation for the time being from further strike action and further loss of profits for Aer Lingus. IMPACT has commented that it is happy with the proposed arrangements set out by the Court to trial a new roster allowing for cabin crew more days rest between hauls. The Court said a trial should be agreed on the union’s main demand for a roster of 5 days on and 3 days off for short-haul flights only. For long-haul transatlantic flights, the Court recommended a second process to discuss the union’s demand for a 2 days on and 3 days off roster pattern, which should not extend beyond three months, with referral back to the Court if necessary. It also recommended a third rest day for cabin crew on the new direct Dublin to San Francisco route, the longest return flight duty on the Aer Lingus network. Currently those on the route have been given two rest days. The trial period is a compromise in so far as the union is being granted its wish of more rest days and the management will be able to use the trial period as an assessment to see if it has any negative impact on business requirements and profit. Avoiding future disputes: It is clear Aer Lingus can’t afford too many incidents like this in the future. Asides from the financial impact on the airline, the loss of public confidence and the impact on tourism is major. Having to rely on the intervention of the Labour Court in future disputes is not an option either. The reality of the current dispute is that Aer Lingus believes that such a change to the current cabin crew roster system will only incur more costs for the airline and increase fares for its customers. The strike action has also produced quite a backlash from the airline with the Chief Executive Christopher Mueller sending a letter to the airline’s 4,000 employees saying that they enjoyed some of the best working conditions and job security in Ireland and in the aviation industry internationally and that the recent strike action and threats of further strikes only damages this every day. Nevertheless, as an employer, Aer Lingus must ensure that it is operating within the working time regulations for its cabin crew to ensure cabin crew staff are not working more hours than what they should be and aren’t working in a state of fatigue. The EU has published a document on the 29th January 2014 entitled EU Commission Regulation (EU) No 83/2014 which is the new regulation for Flight Time Limitations for cabin crew and pilots and will apply to all Member States giving Operators a level playing field across Europe. It will be interesting to see if this has any bearing on the current dispute in Aer Lingus. What lessons can be learnt? It is difficult to apply this case to everyday business life given the sheer size and scale an industrial relations dispute within a major airline has, particularly given that Aer Lingus is Ireland’s national carrier. The fact that the Labour Court has had to intervene in the public interest as the broker between both sides is testament to this. If lessons can be learnt from this case it would be the need for such a large business to establish a good internal body for resolving these disputes without having to go public on the matter. If as the airline is claiming granting cabin crew additional days off will be to the detriment of the company’s profits then recruiting additional staff to support a better roster system may need to be explored. The airline will also need to ensure that it complies with the regulations on Flight Time Limitations when it comes to its cabin crew in order to avoid any potential actions being brought against the airline on the grounds that they failed to provide a safe working environment for their employees. If as the union is alleging some cabin crew members have had to work 6 days with a one day break and then another 6 days, then this could provide grounds for a claim against the employer. Lessons which can be applied to all businesses with respect to this, is that from an employer’s perspective, you must ensure you are working inside the law and the relevant regulations which apply to the area of employment you are involved in and to be reminded that as an employer there is a duty of care to your employees to ensure a safe working environment.