Download Using Your New Presentation Template

Sponsored by
Supported by
Séamus Given
Head of Employment Law
Strikes and Picketing and
Trade Union Immunity
Strikes and Picketing and
Trade Union Immunity
Time to Reform the Law?
Séamus Given
Arthur Cox
24 November 2016
Industrial Relations Act 1990
3
Current Law (1)
Freedom to engage in industrial action/strike/picket:
Trade
Dispute
(contemplation
or furtherance)
Secret
Ballot
One Week’s
Strike
Notice
Freedom to picket “any place their employer works or carries on
business”
4
Current Law (2)
Acts done in contemplation or furtherance of
a trade dispute
 Registered Trade Union has an absolute
immunity from suit in tort in respect of losses
suffered by others
5
Current Law (3)
Acts done in contemplation or furtherance of
a trade dispute
 Not actionable as a conspiracy/inducement of
breach of contract of employment/interference
with trade, etc unless in disregard of or
contributory to outcome of a secret ballot
6
United Kingdom
• Trade Disputes Act 1906
• Industrial Relations Act
1971*
• Trade Union and Labour
Relations Act 1974
• Employment Act 1982**
• Trade Union Act 1984*
• Trade Union and Labour
Relations (Consolidation) Act
1992
• Employment Relations Act
1999
• Trade Union Act 2016
7
*ballots
**removal of trade union immunity
Ireland
• Trade Disputes Act
1906
• Trade Disputes
(Amendment) Act 1982
• Industrial Relations Act
1990
8
The Dispute
1. Must a trade dispute
be related to
employees’ legal
entitlements?
Yes
No
9
√
The Dispute
2. If there is also a legal
remedy, can there be
a trade dispute?
Yes
No
10
√
The Dispute
3. Can there be a trade
dispute relating to a
claim that breaches a
collective agreement?
Yes
No
11
√
The Dispute
4. Is there any limit on
the quantum of a
claim grounding a
trade dispute?
Yes
No
12
√
The Dispute
5. Are there any special
arrangements for
essential services?
Yes
No
√*
*minor exception relating to
secondary picketing in health
services
13
The Dispute
6. Can there be a trade
dispute about the
employer’s treatment
of other /future
employees?
Yes
No
14
√
The Union
7. Must a union be
recognised by the
employer before it
can declare a dispute
and conduct a ballot?
Yes
No
15
√
The Union
8. Must a union have a
minimum number of
members in the
employment of the
employer before it
can declare a dispute
and conduct a ballot?
Yes
No
16
√
The Ballot
9. Who votes in the
secret ballot?
All employees
All employees
in the affected
category
Union
members in
the
employment
17
√
The Ballot
10. What majority must
vote in favour of
strike/industrial
action?
A majority of
union
members in
the
employment
A majority of
the union
members in
the
employment
who vote in the
ballot
18
√
The Ballot
11. Is there a minimum
turnout and/or
minimum overall yes
vote?
Yes
No
19
√
The Ballot
12. Are there specific
requirements with
regard to giving
advance notice of the
ballot to union
members/employer?
Yes
No
20
√
The Ballot
13. Who supervises and
counts the ballot?
Union
Independent
person/scrutineer
21
√
The Ballot
14. Who supervises the
counting of the
ballot?
Union
Independent
person/scrutineer
22
√
The Ballot
15. Must the ballot paper
specify the details of
the strike/industrial
action to be taken?
Yes
No
23
√
The Ballot
16. Must the ballot
outcome be time
limited before it
needs to be
refreshed?
Yes
No
24
√
The Ballot
17. Is there any
regulation of the
content of the ballot
paper (summary of
dispute/nature of
action/dates of
action)?
Yes
No
25
√
The Ballot
18. Must there be a
separate ballot at each
workplace?
Yes
No
26
√
The Ballot
19. Is there any
requirement that
ballot papers be sent
to members’ homes,
etc to allow
independent voting ?
Yes
No
27
√
The Ballot
20. Is the union obliged to put
any employer’s settlement
proposal/WRC
recommendation/Labour
Court recommendation to
a ballot?
Yes
No
28
√
The Ballot
21. Is there any statutory
regulation of any ballot on
settlement terms
offered/recommended?
Yes
No
29
√
The Location of the Picket
22. Can third party premises
be picketed?
Yes
No
Sometimes
30
√
The Location of the Picket
23.When can third party
premises be picketed?
31
When the third
party is assisting the
employer in dispute
to frustrate
√
When the
employer in
dispute works on
the third party site
√
The Location of the Picket
24. Which premises of the
employer can be picketed
if the employer in dispute
happens to have
employees (perhaps not in
union/dispute) working at
the third party premises?
32
Only the
workplace of
the
employees in
dispute with
the
employer?
Any place
(including third
party premises)
where the
employer works
or carries on
business?
√
The Location of the Picket
25. If the employees of the
employer in dispute are
taken off site after the
picket starts, must the
picket of a third party site
be discontinued?
Yes
No
33
√
The Conduct of the Picket
26. Is there any statutory
limit/control on the
number of people who can
picket?
Yes
No
34
√
The Conduct of the Picket
27. Must the union dedicate
someone (picket
supervisor) who
supervises/is answerable
for the conduct of the
picket?
Yes
No
35
√
The Union Immunity
28. Does anybody have legal
recourse against the union
in tort for losses suffered
by reason of such
strike/picket, etc?
Yes
No
36
*provided union
acted in
contemplation or
furtherance of a
trade dispute
√*
The Union Immunity
29. Is the trade union’s
immunity from civil
liability dependent on:
i.
there being a proper or
secret ballot?
ii. any picket being at a
permitted location?
Yes
No
Yes
No
37
√
√
The Union Immunity
30. Is the trade union
immunity limited to
claims brought by the
employer party to the
dispute?
Yes
ER
No
38
√
The Union Immunity
31. Is the union’s immunity
constitutional?
39
Yes
?
No
?
Industrial Relations (Amendment) Bill 2017
40
Thank you for your
time today
For further information, please contact:
Séamus Given
Arthur Cox
Earlsfort Terrace
Dublin 2
Ph: 6180565
[email protected]