The Gazette 1991

JULY/AUGUST 1991

GAZETTE

One Worker Disputes The 1990 Act provides that immunities will apply in the case of disputes involving one worker only if procedures (where these exist in the employment concerned) for resolution of grievances have been resorted to and exhausted. The reasoning behind this provision is to remove protection from individuals taking wildcat action (and from those supporting them) in situations where there are procedures available for the resolution of grievances. During the Dáil debate a lot of emphasis was laid on the position of vulnerable categories of workers and the claim was made that the provision as it then stood could act to the detriment of such workers. To take account of such fears, the Minister amended the relevant section to make it clear that the procedures referred to were agreed procedures, either ones availed of by custom or in practice or ones provided for in a collective agreement. COMPANY SECRETARIAL CONSULTANT PETER H. QUINLAN MBA, AITA A COMPLETE COMPANY SERVICE Advice on Corporate Procedures Drafting of Resolutions and Minutes Arrangement of Company Meetings - Searches and Updates of Company Records Filing Returns and Other Compliance 67 Lansdowne Road Dublin 4 Tel: (01) 684245

concerned, the Minister stated the Act regulated such picketing more closely and it defined secondary picketing in clearly understood industrial relations terms. Second- ary picketing - that is, picketing at the place of business of an employer other than an employer involved in a trade dispute - is now lawful only where the workers in dispute have a reasonable belief that the second employer has directly assisted the employer who is party to the dispute for the purpose of frustrating the strike or other industrial action. There were strong demands from the em- ployers' side for the total outlawing of secondary picketing but it was the Minister's belief that to do this would tilt the balance in favour of employers by providing a means of breaking strikes by setting up business elsewhere. Ballots and Injunctions The Minister outlined the provision relating to ballots and injunctions. The secret ballot provisions require every union to have a pre-strike secret ballot rule in its rule-book within two years of the passing of the Act (i.e. by 18th July, 1992). The provisions on injunctions are closely linked to those on secret ballots. Where a secret ballot has been held and at least one week's notice of industrial action has been given, the employer will not be entitled to seek an injunction without giving notice to the union and the workers concerned. This is to remedy the abuse of injunctions by some employers in trade disputes. The granting of ex-parte injunctions, often in a judge's home outside court hours, has been a matter of considerable concern to trade unions for a long time. The Act also provides that interlocutory injunctions will not be granted where, in addition to having a secret ballot and giving notice, the union establishes a fair case that it was acting in contemplation or furtherance of a trade dispute. However, these restrictions on the granting of injunctions will not apply in the case of trespass, damage to property, or action likely to cause death or personal injury.

RTE TV QUIZ Challenging Times SADSI has been in- vited to participate in this inter-college TV Quiz. Teams of 4 should contact Joe Kelly c/o A & L Goodbody before the 1st September. SADSI will organise a competition between interested teams and prize money w i ll be awarded to t he winner. DEBATING SADSI is selecting teams to take part in the following competitions: - Jessup Moot International Law - Coyle Hamilton Law Students Debating Competition - Irish Times - Observer Mace Anyone interested please contact either Joe Kelly c/o A & L Goodbody or Donal Taaffe c/o Fergus P. Taaffe. A meeting will be held upstairs at O'Dwyer's of Leeson St. on Tuesday, 27th August at 7.00p.m.

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