First Previous (PART I Preliminary) Next (PART III Industrial Relations Generally)

19 1990

INDUSTRIAL RELATIONS ACT, 1990

PART II

Trade Union Law

Trade Disputes

Definitions for Part II .

8. —In this Part, save where the context otherwise requires—

employer” means a person for whom one or more workers work or have worked or normally work or seek to work having previously worked for that person;

trade dispute” means any dispute between employers and workers which is connected with the employment or non-employment, or the terms or conditions of or affecting the employment, of any person;

trade union” means a trade union which is the holder of a negotiation licence under Part II of the Trade Union Act, 1941;

worker” means any person who is or was employed whether or not in the employment of the employer with whom a trade dispute arises, but does not include a member of the Defence Forces or of the Garda Síochána;

industrial action” means any action which affects, or is likely to affect, the terms or conditions, whether express or implied, of a contract and which is taken by any number or body of workers acting in combination or under a common understanding as a means of compelling their employer, or to aid other workers in compelling their employer, to accept or not to accept terms or conditions of or affecting employment;

strike” means a cessation of work by any number or body of workers acting in combination or a concerted refusal or a refusal under a common understanding of any number of workers to continue to work for their employer done as a means of compelling their employer, or to aid other workers in compelling their employer, to accept or not to accept terms or conditions of or affecting employment.

Application of provisions of Part II .

9. —(1) Sections 11 , 12 and 13 shall apply only in relation to authorised trade unions which for the time being are holders of negotiation licences under the Trade Union Act, 1941, and the members and officials of such trade unions, and not otherwise.

(2) Where in relation to the employment or non-employment or the terms or conditions of or affecting the employment of one individual worker, there are agreed procedures availed of by custom or in practice in the employment concerned, or provided for in a collective agreement, for the resolution of individual grievances, including dismissals, sections 10, 11 and 12 shall apply only where those procedures have been resorted to and exhausted.

(3) Procedures shall be deemed to be exhausted if at any stage an employer fails or refuses to comply with them.

(4) The procedures referred to in subsection (2) may include resort to such persons or bodies as a rights commissioner, the Labour Relations Commission, the Labour Court, an equality officer and the Employment Appeals Tribunal but shall not include an appeal to a court.

Acts in contemplation or furtherance of trade dispute.

10. —(1) An agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime.

(2) An act done in pursuance of an agreement or combination by two or more persons, if done in contemplation or furtherance of a trade dispute, shall not be actionable unless the act, if done without any such agreement or combination, would be actionable.

(3) Section 3 of the Conspiracy, and Protection of Property Act, 1875 , and subsections (1) and (2) of this section shall be construed together as one section.

Peaceful picketing.

11. —(1) It shall be lawful for one or more persons, acting on their own behalf or on behalf of a trade union in contemplation or furtherance of a trade dispute, to attend at, or where that is not practicable, at the approaches to, a place where their employer works or carries on business, if they so attend merely for the purpose of peacefully obtaining or communicating information or of peacefully persuading any person to work or abstain from working.

(2) It shall be lawful for one or more persons acting on their own behalf or on behalf of a trade union in contemplation or furtherance of a trade dispute, to attend at, or where that is not practicable, at the approaches to, a place where an employer who is not a party to the trade dispute works or carries on business if, but only if, it is reasonable for those who are so attending to believe at the commencement of their attendance and throughout the continuance of their attendance that that employer has directly assisted their employer who is a party to the trade dispute for the purpose of frustrating the strike or other industrial action, provided that such attendance is merely for the purpose of peacefully obtaining or communicating information or of peacefully persuading any person to work or abstain from working.

(3) For the avoidance of doubt any action taken by an employer in the health services to maintain life-preserving services during a strike or other industrial action shall not constitute assistance for the purposes of subsection (2).

(4) It shall be lawful for a trade union official to accompany any member of his union whom he represents provided that the member is acting in accordance with the provisions of subsection (1) or (2) and provided that such official is attending merely for the purpose of peacefully obtaining or communicating information or of peacefully persuading any person to work or abstain from working.

(5) For the purposes of this section “trade union official” means any paid official of a trade union or any officer of a union or branch of a union elected or appointed in accordance with the rules of a union.

Removal of liability for certain acts.

12. —An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable on the ground only that—

(a) it induces some other person to break a contract of employment, or

(b) it consists of a threat by a person to induce some other person to break a contract of employment or a threat by a person to break his own contract of employment, or

(c) it is an interference with the trade, business, or employment of some other person, or with the right of some other person to dispose of his capital or his labour as he wills.

Restriction of actions of tort against trade unions.

13. —(1) An action against a trade union, whether of workers or employers, or its trustees or against any members or officials thereof on behalf of themselves and all other members of the trade union in respect of any tortious act committed by or on behalf of the trade union in contemplation or furtherance of a trade dispute, shall not be entertained by any court.

(2) In an action against any trade union or person referred to in subsection (1) in respect of any tortious act alleged or found to have been committed by or on behalf of a trade union it shall be a defence that the act was done in the reasonable belief that it was done in contemplation or furtherance of a trade dispute.

Secret ballots.

14. —(1) This section shall come into operation two years after the passing of this Act (“the operative date”).

(2) The rules of every trade union shall contain a provision that—

(a) the union shall not organise, participate in, sanction or support a strike or other industrial action without a secret ballot, entitlement to vote in which shall be accorded equally to all members whom it is reasonable at the time of the ballot for the union concerned to believe will be called upon to engage in the strike or other industrial action;

(b) the union shall take reasonable steps to ensure that every member entitled to vote in the ballot votes without interference from, or constraint imposed by, the union or any of its members, officials or employees and, so far as is reasonably possible, that such members shall be given a fair opportunity of voting;

(c) the committee of management or other controlling authority of a trade union shall have full discretion in relation to organising, participating in, sanctioning or supporting a strike or other industrial action notwithstanding that the majority of those voting in the ballot, including an aggregate ballot referred to in paragraph (d), favour such strike or other industrial action;

(d) the committee of management or other controlling authority of a trade union shall not organise, participate in, sanction or support a strike or other industrial action against the wishes of a majority of its members voting in a secret ballot, except where, in the case of ballots by more than one trade union, an aggregate majority of all the votes cast, favours such strike or other industrial action;

(e) where the outcome of a secret ballot conducted by a trade union which is affiliated to the Irish Congress of Trade Unions or, in the case of ballots by more than one such trade union, an aggregate majority of all the votes cast, is in favour of supporting a strike organised by another trade union, a decision to take such supportive action shall not be implemented unless the action has been sanctioned by the Irish Congress of Trade Unions;

(f) as soon as practicable after the conduct of a secret ballot the trade union shall take reasonable steps to make known to its members entitled to vote in the ballot:

(i) the number of ballot papers issued,

(ii) the number of votes cast,

(iii) the number of votes in favour of the proposal,

(iv) the number of votes against the proposal, and

(v) the number of spoilt votes.

(3) The rights conferred by a provision referred to in subsection (2) are conferred on the members of the trade union concerned and on no other person.

(4) Nothing in this section shall constitute an obstacle to negotiations for the settlement of a trade dispute nor the return to work by workers party to the trade dispute.

(5) The First Schedule to the Trade Union Act, 1871, is hereby extended to include the requirement provided for in subsection (2).

Power to alter rules of trade unions.

15. —(1) The committee of management or other controlling authority of a trade union shall, notwithstanding anything in the rules of the union, have power by memorandum in writing to alter the rules of the union so far as may be necessary to give effect to section 14 .

(2) In the case of a trade union which is a trade union under the law of another country having its headquarters control situated in that country, the committee of management or other controlling authority referred to in this Part shall have the same meaning as in section 17 (2) of the Trade Union Act, 1975 .

Enforcement of rule for secret ballot.

16. —(1) Every trade union registered under the Trade Union Acts, 1871 to 1975, or a trade union under the law of another country shall, not later than the operative date, forward to the Registrar of Friendly Societies a copy of its rules incorporating the provisions referred to in subsection (2) of section 14 .

(2) A trade union failing to comply with subsection (2) of section 14 or subsection (1) of this section shall cease to be entitled to hold a negotiation licence under Part II of the Trade Union Act, 1941, and its existing licence shall stand revoked on the operative date.

(3) A body of persons shall not be granted a negotiation licence unless, in addition to fulfilling the relevant conditions specified in section 7 of the Trade Union Act, 1941 , and section 2 of the Trade Union Act, 1971 , as amended by section 21 of this Act, it complies with subsection (2) of section 14 and for this purpose that subsection shall have effect from the passing of this Act.

(4) A body of persons which is a trade union under the law of another country shall not be granted a negotiation licence unless, in addition to fulfilling the conditions referred to in subsection (3) and section 17 of the Trade Union Act, 1975 , it forwards, at the time of application for a negotiation licence, a copy of its rules incorporating the provisions referred to in subsection (2) of section 14 to the Registrar of Friendly Societies.

(5) Where the Registrar of Friendly Societies is satisfied, after due investigation, that it is the policy or practice of a trade union registered under the Trade Union Acts, 1871 to 1975, or a trade union under the law of another country persistently to disregard any requirement of the provisions referred to in subsection (2) of section 14 he may issue an instruction to the trade union to comply with the requirement. Where such an instruction is disregarded, the Registrar of Friendly Societies shall inform the Minister and the Minister may revoke the negotiation licence of the trade union concerned.

Actions contrary to outcome of secret ballot.

17. —(1) Sections 10, 11 and 12 shall not apply in respect of proceedings arising out of or relating to a strike or other industrial action by a trade union or a group of workers in disregard of or contrary to, the outcome of a secret ballot relating to the issue or issues involved in the dispute.

(2) In the case of ballots by more than one trade union, the outcome of a secret ballot referred to in subsection (1) shall mean the outcome of the aggregated ballots.

(3) Where two or more secret ballots have been held in relation to a dispute, the ballot referred to in subsection (1) shall mean the last such ballot.

Non-application of sections 14 to 1 7 to employers' unions.

18. Sections 14 to 1 7 shall not apply to a trade union of employers.

Restriction of right to injunction.

19. —(1) Where a secret ballot has been held in accordance with the rules of a trade union as provided for in section 14 , the outcome of which or, in the case of an aggregation of ballots, the outcome of the aggregated ballots, favours a strike or other industrial action and the trade union before engaging in the strike or other industrial action gives notice of not less than one week to the employer concerned of its intention to do so, that employer shall not be entitled to apply to any court for an injunction restraining the strike or other industrial action unless notice of the application has been given to the trade union and its members who are party to the trade dispute.

(2) Where a secret ballot has been held in accordance with the rules of a trade union as provided for in section 14 , the outcome of which or, in the case of an aggregation of ballots, the outcome of the aggregated ballots, favours a strike or other industrial action and the trade union before engaging in the strike or other industrial action gives notice of not less than one week to the employer concerned of its intention to do so, a court shall not grant an injunction restraining the strike or other industrial action where the respondent establishes a fair case that he was acting in contemplation or furtherance of a trade dispute.

(3) Notice as provided for in subsection (1) may be given to the members of a trade union by referring such members to a document containing the notice which the members have reasonable opportunity of reading during the course of their employment or which is reasonably accessible to them in some other way.

(4) Subsections (1) and (2) do not apply—

(a) in respect of proceedings arising out of or relating to unlawfully entering into or remaining upon any property belonging to another, or unlawfully causing damage or causing or permitting damage to be caused to the property of another, or

(b) in respect of proceedings arising out of or relating to any action resulting or likely to result in death or personal injury.

(5) Where two or more secret ballots have been held in relation to a dispute, the ballot referred to in subsections (1) and (2) shall be the last such ballot.

Amendment of Trade Union Acts, 1941, 1971 and 1975

Change of deposit consequent on change in number of members.

20. —(1) Within one month after the 31st December each year a trade union which is the holder of a negotiation licence shall send to the Minister a statement of the number of its members on the 31st December and, if it is necessary to increase or reduce a deposit under Part II of the Trade Union Act, 1941, as amended by section 2 of the Trade Union Act, 1971 , by any amount in order to make it equal to the appropriate sum, such trade union shall, not later than four months after the 31st December, increase such deposit by such amount or apply for the return out of such deposit of such amount (as the case may require).

(2) Subsection (1) shall take effect on 1st January, 1991.

(3) The “appropriate sum” in subsection (1) shall be the appropriate sum under—

(a) section 7 (2) of the Trade Union Act, 1941 , or

(b) section 2 (4) of the Trade Union Act, 1971 , or

(c) section 21 (3) or section 21 (4) of this Act,

for the time being, as the case may be.

(4) If, in relation to any trade union required to send a statement under this section, there is a failure to send a statement or there is sent a wilfully false statement, such of the members and officers of the trade union as consent to or facilitate the failure to send a statement or the sending of the false statement and, in the case of a trade union registered under the Trade Union Acts, 1871 to 1975, the trade union itself shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £500.

(5) Save in pursuance of this section, a trade union shall not, on account of a change in the number of its members, change the amount of a deposit under Part II of the Trade Union Act, 1941, as amended by section 2 of the Trade Union Act, 1971 .

(6) Sections 14 and 16 of the Trade Union Act, 1941 , shall apply in relation to a deposit made with the High Court under this Act or under the Trade Union Act, 1971 , as it applies to a deposit under the Trade Union Act, 1941.

Amendment of section 2 of Trade Union Act, 1971 .

21. —(1) In this section “the Act of 1971” means the Trade Union Act, 1971 .

(2) Section 2 (1) (b) of the Act of 1971 (which refers to the minimum membership for the grant of a negotiation licence) is hereby amended, in relation to applications for a negotiation licence made after the passing of this Act, by the substitution for “500” of “1,000”.

(3) In respect of a body of persons applying under section 9 (1) of the Trade Union Act, 1941 , for a negotiation licence after the passing of this Act, “the appropriate sum” referred to in section 2 (1) (a) of the Act of 1971 shall be the sum appropriate to the number of members of the body in accordance with the Third Schedule to this Act or the sum deposited and kept deposited in the High Court before such passing in accordance with the said section 2 (1) (a) and the Schedule to the Act of 1971, as the case may be.

(4) Whenever after the passing of this Act a trade union is formed consisting wholly or mainly of two or more trade unions which have been amalgamated and each of which, immediately before the amalgamation, had been the holder of a negotiation licence, “the appropriate sum” referred to in the said section 2 (1) (a) shall be such sum as the Minister may determine in respect of the union so formed.

Amalgamations and transfers.

22. —(1) Section 15 of the Trade Union Act, 1975 (which refers to a grant towards expenses of amalgamations or transfers) is hereby amended by the deletion of “were exceptional and”.

(2) Whenever two or more trade unions engage in an unsuccessful attempt to amalgamate or to effect a transfer of engagements from one union to another the Minister may, with the consent of the Minister for Finance, make to one or more of those trade unions out of moneys to be provided by the Oireachtas a grant of such amount as the Minister thinks fit towards such expenses as he is satisfied were incurred, within the period of two years immediately prior to the failure, by that trade union in the course of, or in contemplation of, such attempted amalgamation or transfer.

(3) Where an instrument of amalgamation takes effect the registration of any amalgamating union shall cease to have effect and on the granting of a negotiation licence to the new union any negotiation licence held by an amalgamating union shall cease to have effect.

(4) Where an instrument of transfer of engagements takes effect the registration of any transferor union and any negotiation licence held by such union shall cease to have effect.