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Trade Union Membership

Dáil Éireann Debate, Thursday - 17 September 2020

Thursday, 17 September 2020

Questions (45)

Holly Cairns

Question:

45. Deputy Holly Cairns asked the Tánaiste and Minister for Enterprise, Trade and Employment if his attention has been drawn to reports that an organisation (details supplied) is refusing to engage with unions; and if he will make a statement on the matter. [24654/20]

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Written answers

At the outset, I must emphasise that Ireland’s system of industrial relations is essentially voluntary in nature and responsibility for the resolution of industrial disputes between employers and workers rests with the employer, the workers and their representatives. 

Whilst the right of workers to form associations and join a trade union is enshrined in Article 40 of the Irish Constitution, there is no mechanism whereby employers can be prevailed upon to engage with unions on any issue. 

In cases where there is a dispute that the parties have been unable to resolve either between themselves or with the assistance of the Workplace Relations Commission, such disputes can be voluntarily referred to the Labour Court for an ‘opinion’ in the form of a ‘Recommendation of the Court’.  While such a Recommendation is not binding, the vast majority of industrial relations recommendations are accepted voluntarily by the parties.   

It has been the consistent policy of successive Irish Governments to promote collective bargaining through legislation and by the development of an institutional framework that supports our voluntary industrial relations system.   There is an extensive range of statutory provisions underpinning this system.  The freedom of association and the right to organise and bargain collectively are also guaranteed in a number of international instruments which the State has ratified and which it is, therefore, bound to uphold under international law.

Bearing this in mind, I would urge both sides to engage constructively with each other to resolve any issues in dispute.

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