The Gazette 1974

UNREPORTED IRISH CASES

the vast majority of engineers employed by Local Authorities in Ireland belonged, lodged a claim for increases in salary and also for the establishment of scales of long service increments and other matters touching their employment, with the County and City Managers Association. The claim was made on behalf of all engineers who were members of the union and were employed by Local Authorities. Negotiations A reply was received from the Chief Officer of the Local Government Negotiations Board to the effect that negotiations in regard to increases were in progress between that Board and organisations representing en- gineers, and further that through the scheme of concilia- tion and arbitration for Local Authority Officers, re- presentations could only be entertained by Local Authorities through the Staff Panel and that if the A.U.E.W. wished to participate in negotiations with the Local Authorities the first step was to seek member- ship of the Staff Panel. The union, he continued, applied for representation on the Staff Panel but the Panel would not agree to the admission of the union. Referring to the affidavit sworn by the Tipperary County Manager (South Riding), Mr. Robert N. Hayes, Mr. Murphy stated that it was not correct to say that no trade dispute existed between the defen- dants or their union and the County Council. The defendants wished to negotiate the terms and condi- tions of their employment with the Council through their union. While it might be correct to state that the Council had no power to resolve differences between the union and such other unions as might wish to prevent it having representation on the Staff Panel, it was within the Council's power to resolve the dispute which existed between the defendants as employees and the Council as employers. Union did not act hastily He added that the union had not, by any standard been precipitate. The union were induced to cease industrial action in the confident expectation that the problem would be speedily resolved. The position had not been resolved so that the union had no alternative but to resume industrial action. Mr. Edward Comyn, for the defendants, said his case rested on the contention that the City and County Managers' 5 Association were employers and he submitted that there was clear evidence of a trade dispute between the council and the engineers. During the course of the hearing a letter was read in which it was stated that Mr. Hayes, the county manager, had invited representatives of the men's union to talks on May 30 Mr. Justice Kenny said the first question to be answered was whether a recognition dispute between the union and the City and County Managers' Associa- tion was a trade dispute. It was perfectly clear that it was not; it was the various County Councils who were 161

Interlocutory injunction against engineers. Mr. Justice Kenny held in the High Court in Dublin Hat there was no trade dispute between the Amalga- mated Union of Engineering Workers and Tipperary ^°uth Riding) County Council, but that there was between the union and the City and County Managers' Association. He made the finding when he granted an interlocu- ° r y injunction, effective until further order, to the Y>uncil restraining sixteen engineers, who are members ot He union, from picketing any waterworks, reservoirs any premises owned, occupied or used by the L °uncil. Earlier this month the Court granted the Council a emporary injunction after being told that picketing taken place as a result of a recognition dispute etween the union who were endeavouring to have ^emselves represented as on the Staff Panel and the ^ t y and County Managers' Association. Workers refused to pass pickets Other grades of workers employed by the Council had Housed to pass the pickets and it had left areas of be county without water and domestic refuse services. Mr. Gerard Clarke, S.C., for the County Council, a Pplying for an interlocutory injunction against the ngineers, said that the action by the defendants had paused serious interference with the services adminis- s er ed by the Council. The interference with the water u Pply to domestic consumers and farm users in ex- e Nsive areas was of tremendous importance and carried 11 grave threat to the users. Ehe picketing began on May 1 and continued until of the injunction was served. He said it was clear Hrn a letter written by the union and sent to the ounty Manager (South Riding) Mr. Hayes on April