Chapter 3

Conflicting Interests The Industrial Relations

Industrial Relations

The relationship between Employers and Employees, referred to as the
Industrial Relations Climate.


Industrial Dispute/Trade Dispute

When a dispute arises between the Employer and the Employee. There is
then a poor Industrial Relations Climate.

Causes:
Pay
Working Conditions
Redundancies
Work Practices
Discrimination
Unfair Dismissals
Demarcation
Promotion



Trade Unions

Where a group of people with similar interests join together.
Shop Stewart Paid Officials National Executive (Head Office).


Functions of Trade Union

Give power to the ordinary worker
Negotiate with the employers
Represent the workers in trade disputes
Protect Job Security
Provide Services

Benefits of Trade Union

Stronger negotiating Power
Trained Negotiators
Aware of all legislation

Duties of a Shop Steward

Negotiate on behalf of workers
Keep all workers informed (attend branch meetings)
Recruit new members
Ensure agreements are enforced


Irish Congress of Trade Unions (ICTU)

A Union body which governs a group of trade unions, giving the group
stronger bargaining power.

Functions:

Negotiate with Govt & Employers on National Agreements
Promote Union Membership
Sanction all-out strikes
Research
Education & Training
Promote Union mergers



Industrial Action

Industrial Action may be taken under The Industrial Relations Act 1990
when negotiations have failed.

Types of Industrial Action:

1. Official Strike

Secret Ballot held.
A strike that has permission from the Trade Union.
7 days notice given to the employer.

2. Unofficial Strike

No permission from the Union.
Employers can seek an injunction.
Employers can sue workers for loss of profits.

3. All-Out Strike

Every Union in the workplace goes out on strike.

4. Work to Rule

Where employees will only take part in work which is specified
in their contract.

Who Suffers from a Strike?:

Business
Employees
Customers
Local Businesses
The Public
Government
The Union
The Country



Unfair Dismissals Act 1977-1993


Provisions of Act:

One years continuous service.
Between 16yrs 66yrs.
Work at least 8 hours per week.
Burden of Proof is on the employer.


Workers cannot be dismissed for:

Striking
Becoming Pregnant
Religious beliefs
Traveller
Political Beliefs
Race
Sexual orientation



Legitimate reasons for dismissal:

Incompetence
Misconduct
Redundancy
Qualifications


Proper Procedures:

Verbal & Written warnings
Employee entitled to Reasons & Reply & Representation
Employee should notify Rights Commissioner & Employment
Appeals Tribunal.
Remedies:

Re-instatement
Financial Compensation


Constructive Dismissal

Where the employer makes life so difficult for the employee that they leave
their job.



Employment Equality Act 1977

Stop discrimination against women/men and married people in the
workplace.

Provisions:

Discrimination is outlawed under the nine grounds (Gender, Marital
Status, Family Status, Sexual Orientation, Religious Beliefs, Age,
Disability, Race, and Travelling Community).
Full/Part-time, Applications covered.
Harassment and Bullying covered under act.
Women cannot be treated less favourably then men & visa-versa.
Selection cannot be based on sex of applicant.
Access to promotion/training should be equal.
All posts should be advertised to all staff.
All workers should enjoy same working conditions.
Action Report to EEA or Labour Court
A statement should be made.
Action taken by company or law.
Compensation.
Established the Equality Authority.


Functions of the Equality Authority:

Eliminate Discrimination
Promote Equality
Inform the Public
Monitor implementation of Act
Facilitate Complaints


Procedures for Complaint:

Complaint made to Director of Equality Investigations who will investigate
the complaint.

The Director will then refer the case to either:


Equality Officer:

Decision Binding
Can be appealed to Labour Court
Resolution: Back Payment, Compensation

Equality Mediator:

Helps both parties to reach their own agreement.





Industrial Relations Act 1990


Set out the legal procedures for engaging in Industrial Disputes.

The Act Allows:

Peaceful Picketing.
Secondary Picketing.
Secret Ballots.
Under this Act the Labour Relations Commission was established:

Labour Relations Commission.

Functions of the Labour Relations Commission:

Provides Industrial Relations Advisory Service
Provides conciliation using Industrial Relations Officers.
Provides the services of Rights Commissioners and Equality Officers.
Assist Joint Industrial Councils and Joint Labour Committees.
Helps businesses establish Codes of Practice.
Undertake research.

Joint Industrial Council

Voluntary body established by Employers and Unions within a particular
industry ie. Banking to discuss/monitor Industrial Relations.

Joint Labour Committees

Statutory Body set up by the Labour Court to intervene in an industry
which does not have a union.

Labour Court

Court of final appeal for industrial disputes.

Used if:

The LRC reports it cannot solve the disputes.
Both parties agree to investigation by court.
The LRC is unwilling to investigate the dispute.

Operation of Labour Court

Chairperson
Employer Representative
Employee Representative



Functions of The Labour Court

To investigate disputes.
To recommend settlements.
To establish Joint Labour Committees.
To hear Rights Commissioner and Equality officer appeals.
To interpret codes of practice.
To register agreements.

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Pay Bargaining


Relativity Claim.
Cost of Living Claim.
Comparability Claim.
Productivity Claim.


Free Collective Bargaining. Collective Agreement.
Productivity Bargaining Productivity Agreement
National Pay Agreement Govt & Unions Agreement



National Agreements

Where representatives of all social partners negotiate a national agreement
which usually lasts around 3 years.


Social Partners:

Employers
Employees
Farmers
Unemployed
Voluntary Groups
Community Groups
Government

National Agreements can include:

Wage Increases
Work Conditions
Strike Activities
Changes in Tax/Social Welfare
Job Creation
Infrastructure Development
Development of Agriculture

Benefits of National Agreements:

Allow forward planning
Wage Stability
Reduce Negotiations
Control Inflation
Reduce Strikes
Improve Industrial Relations
Economic Growth & Development


Problems with National Agreements:

Dominance by bigger Social Partners
Omit Individual Situations/People
Agreements can collapse due to economic changes

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Non-Legislative Resolution of Conflict

Discussions/Negotiations
Follow Grievance Procedure
Mediator.
Arbitrator.