The new code of practice on Grievance and Disciplinary Procedure – SI No. 146 of 2000 – updated and replaced a previous Code of Practice on Disciplinary Procedures SI No. 117 of 1996.
This new code was prepared by the Labour Relations Commission following the report of the high level group. This group was established under paragraph 9.22 of Partnership 2000 to consider detailed proposals submitted by ICTU on the recognition of unions and the right to bargain. The report clearly outlined that its recommendations on this new code were in the context of individual representation.
The new code is not meant to deal with collective disputes which are covered by the code of practice on dispute procedures.
In a recent High Court case between Irish Rail and the ILDA and named members of that association, Mr. Justice O'Neill concluded that it is not lawful for the ILDA to negotiate on the fixing of rates of pay, hours of duty and other conditions of service of locomotive drivers. There are two trade unions recognised by Irish Rail to represent locomotive drivers, SIPTU and NBRU.
A trade union is defined in the Industrial Relations Act, 1990, as a trade union which is the holder of a negotiation licence under Part II of the Trade Union Act, 1941.
Registration of a trade union can be made with the Registrar of Friendly Societies under the Trade Union Act, 1871, but registration does not confer negotiating rights. The ILDA has registered as a trade union but does not have a negotiating licence.
The ILDA referred a number of issues to the LRC which were all collective issues. None of them could be regarded as appropriate to the code of practice of grievance and disciplinary procedures which was designed in the context of individual representation.
