A threat of disruption to rail services was lifted yesterday when train drivers deferred plans for a series of one-day strikes.
Instead, the former members of the Irish Locomotive Drivers' Association (ILDA) are to take Iarnród Éireann to court over its refusal to negotiate with them. The company recognises two unions only as having negotiating rights for drivers - SIPTU and the National Bus and Rail Union (NBRU). Its stance is backed by the Irish Congress of Trade Unions.
The 100-odd former ILDA drivers, who disrupted services for 10 weeks in 2000, are now members of the 3/57 branch of the ATGWU. It announced yesterday that members had voted by a 92 per cent majority for industrial action.
It had intended to begin a series of one-day strikes next Monday, but has instead decided to issue High Court proceedings against the company this week.
The union's highest-ranking official in the Republic, however, Mr John Bolger, said no such decision had been taken by the union.
Any proposal to take legal action would have to be considered by him as district secretary and, after that, by the union's Belfast-based regional secretary, Mr Brendan Hodgers.
He said he was "very relieved", however, that the branch had decided not to proceed with its planned strikes.
Iarnród Éireann also said it was "pleased" that the strike threat had been lifted and that it would be able to deliver a range of improved services from next week.
The addition of 80 new rail cars means that capacity on mainline commuter services will increase by between 25 and 43 per cent, it says. New timetables and additional services are also being introduced on a number of inter-city routes.
As a result of the changes, new rosters - negotiated by the company with SIPTU and the NBRU - will be introduced for drivers.
The 3/57 branch, which represents between a quarter and a third of mainline train drivers, says its members will work the rosters under protest.
The ILDA, which was formed in 1998 from a breakaway group of SIPTU and NBRU members, lost a previous case in the Supreme Court concerning its status as a trade union.
The branch is to take a new case arguing that it is legally entitled to be recognised by the company now that it is part of the ATGWU.
The issue, however, has the potential to deepen existing divisions in the ATGWU and drive a wedge between it and other unions.
An ICTU disputes committee has already found that SIPTU is the only congress union that has the right to organise train drivers. The NBRU is not in the ICTU.
The decision of the 3/57 branch to organise a strike ballot led to a swift response from SIPTU president Mr Jack O'Connor, who wrote to Mr Bolger about the matter and also referred it to the ICTU.
Within the ATGWU, the 3/57 branch secretary, Mr Brendan Ogle and its servicing officer, Mr Mick O'Reilly, are at odds with the union's Irish leadership.
Mr Bolger's insistence that no decision had been taken to pursue a legal case, despite the branch's statement to the contrary, reflected the current divisions.
He had also claimed that strike action could leave the union exposed to a multi-million euro damages claim from Iarnród Éireann, and the prospect of expulsion from the ICTU.
Mr Ogle and Mr O'Reilly, however, would expect to have the support of the union's London-based general secretary, Mr Tony Woodley. Mr Woodley would have the final say on whether to sanction any action by the branch.