Understanding Industrial Action in Ireland

What is Industrial Action?

Industrial action refers to a range of actions taken by workers, to express dissatisfaction with their working conditions, pay, or other employment-related issues. This can include strikes, work-to-rule, picketing, and other forms of collective action.

Reasons for Industrial Action

Workers may engage in industrial action for various reasons, including:

  • Disputes over wages and benefits
  • Poor working conditions
  • Changes in employment contracts
  • Lack of adequate consultation or negotiation with management
  • Job security concerns

The Process of Initiating Industrial Action

1. Identifying Issues

  • Gathering Concerns: The process often begins when workers express grievances about conditions in the workplace. These issues can be identified through meetings, surveys, or informal discussions among employees.
  • Assessing Support: It’s crucial to gauge whether there is sufficient support among workers for taking collective action.

2. Engaging the Union

  • Consulting Union Representatives: Workers should bring their concerns to their trade union representatives. The union will assess the situation and advise on the best course of action.
  • Union Meetings: The union may hold meetings to discuss the grievances and determine the level of support for potential action.

3. Following Internal Procedures

  • Union Protocol: In order to engage in industrial action, it must first be green lit by the National Executive Committee of the Union.

4. Balloting for Industrial Action

  • Secret Ballot: Before taking formal industrial action (especially strikes), a secret ballot is required. This ensures that all members have an opportunity to express their views on the proposed action.
  • Voting Threshold: A simple majority is needed to approve industrial action.

5. Notification to Employers

  • Notice Period: Once a vote in favor of industrial action is secured, the union must notify the employer in writing. This notice typically includes:
    • The nature of the action to be taken
    • The reasons for the action
    • The date and time when the action will commence
  • Minimum Notice Period: The minimum notice a union has to provide an employer is 7 days.

6. Preparing for Action

  • Mobilising Support: The union will mobilise members to prepare for the action, ensuring that everyone understands the reasons behind it and how to participate.
  • Communication Plan: Effective communication is essential. The union will inform members of the plans and provide guidance on how to proceed during the action.

Types of Industrial Action

  • Strikes: Workers stop working altogether, often to press for specific demands.
  • Work-to-Rule: Employees work strictly according to their contracts, often slowing down operations to highlight grievances.
  • Work Stoppage: Workers stop working for a certain period of time throughout the working day, often in blocks.
  • Overtime Bans: Workers refuse to work beyond their contracted hours, aiming to disrupt business operations.

Legal Considerations

  • Protected Industrial Action: In Ireland, industrial action can be protected under certain conditions, meaning workers cannot be penalized for participating in lawful industrial action.
  • Unlawful Action: If the proper procedures are not followed, or if the action is deemed unlawful, workers may face legal consequences, including disciplinary actions from their employer.

After Industrial Action

  • Negotiations: Once industrial action begins, it often prompts negotiations between the union and the employer. The aim is to resolve the dispute and reach a collective agreement.
  • Return to Work: Following a successful resolution, workers will return to work under the terms negotiated, and the union will communicate the outcomes to its members.

Conclusion

Engaging in industrial action is a significant step for workers seeking to address grievances in the workplace. Understanding the processes and legal frameworks in Ireland can empower workers to take collective action effectively and ensure their rights are protected.