An agreement that could have ended the row that has resulted in the jailing of three building workers failed this week because a representative of the men's trade union could not accept the deal.
Last week, Andrew Clarke, Cromlech Fields, and Keith Kelly Ashlawn Park, both in Ballybrack, and William McClurg, Sallynoggin were jailed for refusing to lift a picket on a Collen Construction site on Laurel Avenue, Ballybrack, contrary to a court order.
The men claimed large numbers of local workers, including themselves, had been refused work at Laurel Avenue. The company is building houses for Dún Laoghaire/Rathdown County Council.
The men are members of the Building and Allied Trades Union (Batu). The union has not officially sanctioned their action and has no dispute with Collen Construction.
Following an approach by the Local Authority Craft Workers Group of Unions, Batu representative Thomas Fitzgerald and Collen director Leo Crehan agreed to work with the council on finding a resolution to the row. Representatives of Siptu and craft union Ucatt worked with the parties, and Dún Laoghaire/ Rathdown council facilitated the process.
Mr Fitzgerald told The Irish Times last night that he was not there in his official capacity, but instead was using his "good offices" in an effort to find a solution to the row.
The parties drew up a draft agreement on Wednesday, but Mr Fitzgerald said that he was not in a position to accept it as a means of resolving the situation.
Sources said yesterday that he rejected it on the grounds that the jailed men would not benefit from it directly. However, Mr Fitzgerald denied this, and said that any progress depended on all threat of legal action being lifted.
"It was only in that environment that there would have been an opportunity for progress," he said. He added that his primary concern was for the three jailed men and their families.
Collen Construction said last night that it entered the process in good faith. "The parties came up with a workable solution and Batu rejected this, the question now is why Batu rejected it."
Under the deal, it was proposed that Collen would confirm in writing that it was complying with the building industry's registered employment agreement, which regulates working conditions and terms in the sector.
A copy of the document states that "on the basis of this letter it is hoped that the three individuals will apply to the High Court and be released".
The company committed itself to meeting Batu officials under the council's auspices to discuss alleged non-compliance with conditions of the registered employment agreement. If those talks did not reach a resolution, then the issues could be referred to both the Labour Court and the Construction Industry Disputes Tribunal.
It asked Batu to issue a statement calling for an end to all picketing and protests directed at Collen Construction. The terms also required Collen not to seek damages from either the union or the three men.
