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Dáil Éireann díospóireacht -
Wednesday, 26 Oct 1994

Vol. 446 No. 4

Written Answers. - Industrial Relations Procedures.

Ivor Callely

Ceist:

49 Mr. Callely asked the Minister for Enterprise and Employment the progress made towards adopting the code of practice on dispute procedures including procedures in essential services; his views on whether this code could have been very helpful in recent industrial disputes and that every effort should be made to have the code adopted by all concerned without further delay; and if he will make a statement on the matter. [2204/94]

The code of practice on dispute procedures, including procedures in essential services, drawn up by the Labour Relations Commission and published in January, 1992, aims to ensure that disputes are resolved without recourse to industrial action by providing practical guidance on procedures for the resolution of disputes. The code places particular emphasis on the avoidance of disputes in essential services, with additional safeguards set out for inclusion in employer-trade union agreements in such services.

I am concerned that adequate procedural arrangements should be in place and be followed if industrial relations are to be conducted in a professional manner. Indeed, I have spoken many times previously in this House about the necessity to develop and enhance industrial relations procedures. The promulgation of the code of practice on dispute procedures, including procedures in essential services, represented a very important development. I would now encourage managements, employees and trade unions to take a fresh look at this code with a view to seeing what aspects of it could be moulded to the individual circumstances of their own organisations.

The need for procedural safeguards in organisations providing essential services is widely acknowledged. In some organisations a fresh and critical examination of procedures may be overdue. This is an aspect of industrial relations practice that I have been particularly concerned about for some time. I have been disappointed with the pace of progress towards the negotiation of more robust employer-trade union procedural agreements in these areas. Recently, I have been encouraged, however, by the new conciliation and arbitration scheme agreed for the Civil Service and the manner in which it draws on the principles outlined in the code.
I can inform the House that I have had a series of meetings with the Irish Business and Employers Confederation, the Irish Congress of Trade Unions and the Labour Relations Commission with a view to establishing a basis on which the negotiation of better procedures could be further encouraged, particularly in essential services. These meetings were very positive and constructive.
Arising from this consultative process, the Labour Relations Commission, under the auspices of its advisory service, now proposes to carry out a detailed review, over the coming months, involving managements and trade unions in a range of organisations providing essential services. The purpose of the review will be to establish the potential for improving the procedures and processes used in dispute resolution. I look forward to the ready co-operation of employers and trade unions with this process.
The commission has undertaken to make available to me the outcome of this review as soon as it is completed. I would hope that this could be as soon as the early part of 1995, although I am conscious that there will be many complex issues to be addressed during the course of this review.

Proinsias De Rossa

Ceist:

50 Proinsias De Rossa asked the Minister for Enterprise and Employment the steps, if any, he is taking to promote improved industrial relations in the semi-State sector, in view of the difficulties experienced in TEAM Aer Lingus and Irish Steel; and if he will make a statement on the matter. [2239/94]

The promotion of good industrial relations in all sectors of the economy is, and always has been, a major priority in my Department. Many initiatives have been taken in this regard over the years — one of the most significant in recent years being the establishment of the Labour Relations Commission. Under the terms of the Industrial Relations Act, 1990, the commission has been given general responsibility for promoting the improvement of industrial relations. The main services provided by the commission to improve industrial relations are the conciliation service and the industrial relations advisory service.

The concilation service assists employers and workers to negotiate settlements of industrial disputes. If disputes cannot be settled at conciliation they can be referred to the Labour Court for investigation and recommendation. The recent establishment of industrial relations advisory service introduced a new dimension to industrial relations in this country. The advisory service has as its central brief the prevention of disputes by means of promoting, advocating and assisting with the development of good industrial relations policies, practices and procedures. The services of the advisory service are provided jointly to management and unions on a confidential basis. Regular users of the labour relations commission's dispute settling services are monitored on an on-going basis to identify enterprises where the assistance of the advisory service is required. Since it was established, the advisory service has been working with a number of semi-State companies with a view to improving industrial relations in those bodies.

As regards the disputes in TEAM Aer Lingus and Irish Steel some of the problems that arose are matters that fall to be dealt with by the trade union movement in the first instance. In this regard I welcome the recent announcement by the Irish Congress of Trade Unions that, as a result of those disputes, it has embarked on a review of its procedures. This review is being carried out by a commission set up by congress and chaired by its President, Mr. Phil Flynn. The commission will try to establish what went wrong in these two disputes and consider what can be done to ensure that the problems which arose in these cases do not arise again. I look forward with interest to the outcome of this review and if congress requires any help or assistance from my Department I will ensure that full co-operation is given in this regard.
While the disputes in TEAM Aer Lingus and Irish Steel proved extremely difficult to resolve it would be wrong to suggest that this is indicative of a major deterioration in industrial relations generally or in the semi-State sector. The downward trend in strike activity in recent years is being sustained in 1994. Only 18,500 work days were lost in 24 strikes in the first nine months of the year. If this trend is continued for the remainder of the year, and present indications are that it will be, then 1994 will have the lowest number of strikes and work days lost since records began in 1923. This major reduction in strike activity is happening at a time of unprecedented change in Irish industry. It is clear, therefore, that management and unions, with the assistance of the services provided by the State, are largely succeeding in dealing with the industrial relations aspects of change without resort to industrial action. The highly publicised disputes in TEAM Aer Lingus and Irish Steel are exceptional and do not reflect what is happening in employment generally or indeed in the semi-State sector.
While significant improvements have been achieved in industrial relations in recent years we cannot afford to become complacent. The primary responsibility for improving industrial relations in any enterprise rests with its management, trade unions and employees. I am confident that if all parties in semi-State enterprises make full use of the expert assistance provided by the advisory service of the Labour Relations Commission and co-operate fully with it, further lasting improvements can be achieved in the conduct of industrial relations in these bodies. My Department is in discussion with both the Labour Court and the Labour Relations Commission on an ongoing basis regarding possible improvements in the service that they provide.
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