Dáil Éireann Debate, Tuesday - 15 April 2014
132. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will support in law the right of union leaders to articulate on behalf of their union members the likelihood of industrial action without fear of legal action. [17718/14]
Amharc ar fhreagraI understand that the question relates to the recent legal action initiated by Aer Lingus against the trade union SIPTU following the injunctive relief granted by the High Court in relation to the planned four-hour stoppage on March 14th last, which would have affected Dublin and Cork and Shannon Airports.
In granting the relief, the High Court concluded that an issue arose regarding the legal validity of the secret ballot organised by SIPTU and was satisfied that a serious issue to be tried existed. In addition, there was a serious issue to be tried as to whether participation in the proposed industrial action would be lawful having regard to pre-existing and extant contractual agreements governing dispute settling procedures involving the parties.
The Industrial Relations Act 1990 provides, inter alia, that trade unions, their officials and members who are engaged in industrial action are granted immunity from criminal and civil liability in certain defined circumstances. In this context, the Act requires unions to have a provision in their rule-books for the holding of secret ballots before engaging in or supporting a strike or any other form of industrial action.
I have no plans to change the existing protections in industrial relations legislation in respect of actions by trade unions and officials engaged in actions in contemplation or furtherance of a trade dispute
