PM4064 Employment Relations: Collective Representation and Trade Unions

Current Status of Trade Unions in Ireland

  • Only "authorised" trade unions with negotiating licences can engage in collective bargaining.

  • Excepted bodies (e.g., Irish Hospital Consultants Association, Irish Dental Association) can negotiate but must be independent of management per the IRAA 2015.

  • Employment density is the percentage of employees in unions; workforce density includes those seeking employment.

  • Between 19941994 and 20112011, union membership increased by approximately 20%20\%, but density dropped from 45.8%45.8\% to 29.6%29.6\%—impacted by cyclical, structural, and institutional factors.

Types of Trade Unions

  • Craft Unions: Restricted to specific skills (e.g., electricians).

  • General Unions: All categories of workers (e.g., SIPTU, the largest union).

  • White Collar Unions: Professional and clerical workers (e.g., FSU, INTO).

Trade Union Recognition and Closed Shops

  • Recognition: Management prerogative; no statutory right to recognition in Ireland (D’art and Turner, 2008).

  • Closed Shops: (defined by McCarthy, 1964) requires membership to obtain or retain a job.     * Pre-entry: Join before employment.     * Post-entry: Join within a specific period after starting work.

  • Constitutional Status: Post-entry closed shops are unconstitutional under Article 40.6.1 (Right of Association).

  • Closed shops remove the "free rider" effect but infringe on individual liberty.

Employee Voice and Participation

  • Employee Voice: Defined by Wilkinson et al. 2014 as how employees have a say over work activities.

  • Employee Involvement: Managerial schemes aimed at enhancing commitment through information.

  • Employee Participation: Involving employees/representatives in decision-making.

  • Partnership: Problem-solving and consensus-based arrangements between management and representatives.

Workplace Conflict

  • Conflict arises when one party perceives their concerns are being frustrated.

  • Individual Expressions: Absenteeism, sabotage, turnover, gossip, and reduced productivity.

  • Collective Expressions: Go-slow, work-to-rule, overtime bans, mass sick leave, and strike action.

  • Strikes: Defined by Griffin (1939) as temporary work stoppages to enforce demands. Rare in Ireland due to institutional and economic factors.

  • Strikes are measured by frequency, breadth, duration, and Working Days Lost (WDL).

Industrial Relations Act 1990

  • The primary legislation for collective industrial relations in Ireland.

  • Section 8: Defines employer, trade dispute, and strike.

  • Section 11: Limits picketing to the place where the employer carries on business.

  • Section 12 and 13 (Golden Formula): Provides union immunity from tort when acting "in contemplation or furtherance of a trade dispute."

  • Section 14: Mandates secret ballots for industrial action; immunity is withdrawn if a ballot is not held or if the majority votes against action.

Management Control and Non-Union Practices

  • Roy (1980) categories:     * Fear stuff: Intimidation and reprisals.     * Sweet stuff: Union substitution via alternative voice mechanisms.     * Evil stuff: Regarding unions as destructive.     * Fatal stuff: Complete refusal to deal with unions.