Call for new constraints on unions' right to strike

New restrictions on the right of trade unions to strike have been called for by the Construction Industry Federation.

New restrictions on the right of trade unions to strike have been called for by the Construction Industry Federation.

It has also called for the withdrawal of negotiating licences from unions found to have been involved in unofficial industrial action.

In a submission to the Forum on the Workplace of the Future, the federation said it was time to review the Industrial Relations Act of 1990. Section 14 of the Act imposes restrictions on unions' right to strike, by requiring them to conduct a secret ballot of members before engaging in a trade dispute.

The CIF said the section should be amended to provide for the compulsory referral of a dispute to a recognised third party before a ballot could take place.

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Unions should be required to await a recommendation from the third party concerned before commencing with a ballot, the federation added.

In its submission to the forum, which held sittings this week at the Royal Hospital Kilmainham in Dublin, the federation said a union which failed to refer a dispute to a third party before balloting should lose its immunity from prosecution.

It was criticised, however, by Mr Fergus Whelan of the Irish Congress of Trade Unions.

Addressing the forum, he said compulsory referral of disputes to a third party was already established in the construction industry, through an agreement registered with the Labour Court.

It appeared that the CIF now wanted to extend this restriction to other sectors, he said.

Mr Whelan said unions and the federation had developed a successful partnership approach in the area of health and safety.

"It's a pity the CIF wouldn't try the same approach to industrial relations, instead of looking to impose legal restrictions on unions and workers," he said.

The forum was established by the National Centre for Partnership and Performance, at the request of the Government. It is examining how the workplace can best be modernised to meet the changing needs of workers, employers and the economy.

In its submission, the CIF said unions should be made responsible for unofficial industrial action taken by their members.

"The flag of convenience displayed by trade unions that claim that it is their members and not the union who are engaged in unofficial action must be curtailed," it said.

It proposed that the Registrar of Friendly Societies be empowered to investigate unions alleged to have organised unofficial action.

Chris Dooley

Chris Dooley

Chris Dooley is Foreign Editor of The Irish Times