The Labour Court Chairman Kevin Duffy has told Aer Lingus management and cabin crew that it considers Belfast to be a foreign base.
The IMPACT trade union, which represents cabin crew, had sought clarification of a previous Labour Court recommendation as to what constituted a foreign base.
The clarification could impact on current negotiations between Aer Lingus management and pilots over the proposed new base in Belfast.
Mr Duffy has said that when issuing his original recommendation regarding terms and conditions in foreign bases, he did not have any particular location in mind.
However, he says the court did intend its recommendation to apply to 'any geographical location which is outside the jurisdiction of the Labour Court'.
Belfast is outside that jurisdiction.
Mr Duffy added that he formulated his recommendation having accepted management assurances at the Labour Court hearing, that if their proposals on foreign bases were implemented, they would not impact adversely on the security or conditions of employment of existing staff.
Mr Duffy says the court had expressly recommended that the pay, terms and conditions of employment of staff recruited to foreign bases be determined by reference to local conditions.
While collective bargaining was normal practice at Aer Lingus, he would not recommend any particular negotiating arrangements - particularly for a location outside its jurisdiction.
Aer Lingus welcomed the Labour Court clarification and is considering the details of the document.
IMPACT has not yet issued a response.
