The Gazette 1991

JULY/AUGUST 1991

GAZETTE

The Federated Workers Union of Ireland (FWUI) absorbed many smaller unions such as the Federation of Rural Workers and the National Association of Transport Employees (NATE). SIPTU was formed recently from the FWUI and ITGWU I!>oth originating from the traditions of Jim Larkin. 4 Public service unions are also merging to form mega-unions. Despite the official and trade union consensus on the desirability of trade union mergers and public policy aspects, the effect of the Registrar's decision in the NUJ & IPU case, is to block a rationalisation step by the refusal to register a transfer of engagements: In the specific case, the proposed transfer from the Irish-registered IPU to the NUJ, a union with headquarters in Britain, was complicated by the existing legislation re unions with head– quarters outside the State. The Registrar, although appoint– ed by the Minister for Industry and Commerce, is independent in the performance of his statutory duties. Government policy, as administered by the Department of Labour, strongly supports rationalisation, but the Registrar's decisions in accordance with law may be con– trary to such policy. Apart from effectively blocking mergers which do not meet statutory requirements, the Registrar may also register new unions which fulfil relevant require– ments but add to the multiplicity of trade unions. British-based Trade Unions The roots of the dilemma high– lighted by the NUJ-IPU case are to be found in the peculiar position of British-based trade unions operat– ing in Ireland. This has been a very emotive and divisive issue in the past, due to historical reasons and strong nationalist traditions. 5 Some rivalries and differences of policy still exist but generally Irish and British-based unions work in reasonably harmony. The NUJ, the Amalgamated Transport & General Workers Union (ATGWU) and other British-based unions now Irish operate branches in mainstream Irish trade unionism. Nevertheless, there are policy differences, e.g. British-based unions are often critical of cen– tralised pay bargaining. 6 On a practical level, if a lawyer or

Union Act, 1871 which conferred certain advantages e.g. re property and obligations such as filing returns to the Registrar. Registra– tion has now become a virtual necessity for Irish-based unions involved in industrial relations. British-based Unions Distin– guished (Meredith Decision) (1936) IR 471. The position of British-based unions is different and complex, with deep roots in Irish labour history illustrated by a High Court case of 1935-36, between the ITGWU and the ATGWU, known as the Meredith J. decision. 8 It is a vital case in understanding the position of British-based unions and why they are not registered in this jurisdiction with the Irish Registrar. Keane J. in the recent NUJ/IPU case referred to decision of Meredith, J. The plaintiffs, ITGWU, sought (1) to restrain the defendants, the ATGWU from carrying on business in Ireland under the Transport & General name or any similiar name likely to deceive the public; (2) a declaration that the recording of the ATGWU or TGWU (its British title), or of its rules, or amendment thereof, in the Register of Trade Unions in the Irish Free State was illegal and invalid. The High Court held: A. An action for tortious acts could not be maintained because of indemnity under Sect. 4, Trade Disputes Act, 1906; B. The recording in the Irish Registry of the rules of the British– based ATGWU was inoperative and of no legal effect. A vital plank of the decision was the interpretation of Sect. 6 Trade Union Act, 1876, prescribing procedures for regis– tering unions in more than one country of the UK - England, Scotland or Ireland, then a legislative union. The 1876 Act allowed unions, registered in one UK country, to operate in the other countries by sending the rules for registration to the Registrar in the other country. After the passing of the Irish Free State Constitution, "Ireland" had a different meaning than that envisaged in 1876. By virtue of Sect. 3, Adaptations of Enactments Act, 1922, "Ireland" meant SaorstcH Eireann - the Irish Free State. Sect. 6 of the 1876 Act was

member of the public, wishes to search public record files for in– formation about the Irish branches of British-based unions, no en– lightenment will be found in the Registry of Friendly Societies, Hume Street, Dublin 2. Unlike Irish unions, trade unions such as the NUJ or ATGWU cannot register with the Irish Registrar for reasons explained below. That controversial Act was challenged in the courts and Part 3 was declared to be unconstitutional because it unduly restricted free– dom of association enshrined in Article 40.6.1 (iii) of the Irish Constitution. 7 In its decision, the Supreme Court may not have given adequate weight to the public interest on the desirability of rationalisation. In the case, the National Union of Railwaymen (NUR), a British-based union, challenged the proposed exclusive rights for the ITGWU in certain employments. (The descendants of both the old rivals, the NUR and ITGWU are now united in SIPTU). The constitutional challenge did not affect the main areas of the 1941 Act dealing with negotiation licences. The 1941 Act also introduced the concept of authorised trade union. Under Sect. 6, of the 1941 Act, Irish unions, (with specified ex– ceptions mainly public service unions and bodies exempted by Ministerial Order, generally pro– fessional bodies such as the Law Society), cannot negotiate on wages or conditions of employ– ment unless granted an negotiation licence. Deposits of specified sums with the High Court, are also required under the 1941 Act, amended by 1971 Act which imposed stricter conditions. Sect. 7 of the 1941 Act confines the grant of negotiation licences to authorised unions registered in the State or, if not so registered, to trade unions under the law of another country with headquarters control in that country, in practice British-based unions. The general trend is for most Irish unions including public service unions to become registered. Trade Union Act, 1941 (No. 22 of 1941)

Registration was originally a voluntary process under the Trade

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