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industrial relations act 1990 - Coggle Diagram
industrial relations act 1990
The industrial relations act 1990 contains most of the law on trade disputes and industrial action and set out the rules concerning industrial action
Employees have the right to join a trade Union under the Irish constitution. It can be a condition of employment that the employee joins a particular Union and remains a member while in that job. Complaints of dismissal of victimisation due to membership of a Union are heard by the workplace relations commission
impact on trade unions of the industrial relations act 1990
secret ballots
No official industrial action can take place without secret ballot. All members are given a fair opportunity to vote for or against industrial action. The Union should not a organise or participate in industrial action without a majority of votes in favour.
injunctions
Organisers of unofficial disputes have no legal protection against being sued by their employer, who can get an injunction against the workers involved
unofficial disputes
Unofficial disputes: without ICTU or Union approval, strikes are illegal and workers receive no strike pay. A wildcat or lightning strike is an unofficial dispute were non voice no advance notice is given
legitimate disputes
The following Issues may give rise to a legitimate trade dispute: dismissal, employment policy, range of duties, trade union membership, pay and conditions, health and safety at work.
official disputes
Official disputes: A union has received approval from its members in a secret ballot and this is confirmed by ICTU. One week's notice of industrial action must be given to the employer concerned
picketing
Picketting involves walking up-and-down peacefully outside the place of employment with signs displaying the workers issue with the employer
primary picketing
It is lawful for workers to Pickett peacefully at a place where their employer works, or carries on business, provided it is for the purpose of peacefully communicating information
secondary picketing:
The picketing of an employer other than the one concerned and it dispute. This is lawful only when it is reasonable for picketing workers to believe that the second employer was acting to frustrate the industrial action by directly assisting their employer. In 2017 bus Éireann, workers engaged in secondary picketing at depots belonging to Dublin bus and Iarnród Éireann, even though those employees had not interfered in the Bus Éireann strike; this was illegal
immunity
Trade unions and workers cannot be prosecuted for damages or losses suffered by the employer as a result of official strike action
Official industrial actions
work to rule/overtime ban
Employees only work precisely as per their contract, to the 'letter of the law', refusing to work extra hours (overtime) or perform non-contractual tasks e.g. nurses refusing to answer phones or use hospital computers
go slow
Employees stay at work but slow down the operations drastically, sometimes making it impossible for the business to function. As they are still at work they are entitled to be paid
token stoppage
All employees stop work for a short period of time, e.g. a one- hour protest by gardai or nurses, due to the essential nature of these jobs and all out strike is avoided
official strike
A complete withdrawal of labour, organise by unions in compliance with the law. Workers are entitled to strike pay