Industrial Relations Act 1990 (Leaving Cert Business): Revision Notes

Industrial Relations Act 1990

Introduction to the act

The Industrial Relations Act 1990 serves as the primary legal framework governing trade disputes and industrial action in Ireland. This important legislation establishes the rules and procedures that must be followed when industrial action takes place.

Under the Irish constitution, employees have the fundamental right to join trade unions. Employers can make union membership a condition of employment, meaning workers must join a specific union and maintain their membership throughout their employment. When disputes arise regarding dismissal or victimisation due to union membership, these complaints are handled by the Workplace Relations Commission.

Impact on trade unions

Legitimate disputes

The Act recognises that certain workplace issues can give rise to legitimate trade disputes. These include situations involving:

• Employee dismissal
• Employment policy decisions
• Range of duties assigned to workers
• Trade union membership matters
• Pay and working conditions
• Health and safety concerns at work

When these issues arise, trade unions have the right to take official industrial action, provided they follow the proper procedures.

Secret ballots

Before any official industrial action can commence, trade unions must conduct a secret ballot of their members. This democratic process ensures that all union members have a fair opportunity to vote either for or against the proposed industrial action. The union leadership cannot organise or participate in industrial action unless a majority of members vote in favour of the action.

Official vs unofficial disputes

The Act makes a crucial distinction between official and unofficial industrial disputes:

Official disputes occur when a union has received proper approval from its members through a secret ballot, and this approval has been confirmed by the Irish Congress of Trade Unions (ICTU). The union must provide one week's advance notice of any industrial action to the employer involved.

Unofficial disputes happen without ICTU approval or proper union authorisation. These strikes are considered illegal, and workers participating in them receive no strike pay. Examples include wildcat strikes or lightning strikes where no advance notice is provided.

Workers involved in unofficial disputes have no legal protection against being sued by their employer, who can obtain an injunction against them.

Picketing

Picketing involves workers walking peacefully outside their workplace, carrying signs that communicate their grievances with the employer.

Primary picketing

Primary picketing is perfectly legal when workers picket peacefully at their own place of employment or where their employer conducts business. The key requirement is that the picketing must be for the purpose of peacefully communicating information about the dispute.

Secondary picketing

Secondary picketing occurs when workers picket at a workplace that is not directly involved in their dispute. This form of picketing is only lawful under specific circumstances - when it is reasonable for the picketing workers to believe that the second employer is acting to frustrate their industrial action by directly assisting their own employer.

Immunity from prosecution

The Act provides important legal protections for trade unions and workers engaged in official strike action. Trade unions and their members cannot be prosecuted for damages or losses suffered by employers as a direct result of official strike action. This immunity ensures that workers can exercise their right to strike without fear of legal consequences, provided they follow the proper procedures.

Official industrial actions

The Act recognises several types of official industrial action that trade unions can undertake:

Work to rule or overtime ban

This involves employees working strictly according to their contracts and refusing to perform any additional duties. Workers stick precisely to 'the letter of the law' in their employment terms, refusing to work extra hours or carry out non-contractual tasks.

'Go slow'

During a 'go slow' action, employees remain at work but deliberately slow down operations dramatically. This can sometimes make it impossible for the business to function effectively. Since workers are still present at their workplace, they remain entitled to their regular pay during this form of action.

Token stoppage

This involves employees stopping work for a brief, predetermined period, such as a one-hour protest. This type of action is particularly common among essential service workers like gardaí or nurses, where a complete strike would be avoided due to the critical nature of their jobs for public safety and welfare.

Official strike

An official strike represents a complete withdrawal of labour, organised by trade unions in full compliance with legal requirements. Workers participating in official strikes are entitled to receive strike pay from their union's strike fund while their regular wages are suspended.