Collective Bargaining a Fundamental Right

5 Jul 2011

Address by Shay Cody, Impact General Secretary to BDC 2011

Trade Union visitors to Ireland are amazed at the absence of collective bargaining rights in Ireland.This includes trade unionists from the UK, USA and all of our EUpartners.
Ireland is unique with a Supreme Court observation determining national policy on a fundamental Human Right.
The Supreme Court has, on two occasions considered the matter and concluded that the constitutional right to association also implies the right to disassociation. This gives employers the right to refuse to engage with the Trade Union representatives of a workforce.
In a recent Supreme Court Ruling concerning IMPACT and Ryanair, the Supreme Court made the observation that the Oireachtas has no power to introduce a law granting the right to union recognition.
Where does that leave us?
Internationally it leaves Ireland as the most reactionary state in the Developed World.
It is argued by some employers, Ministers and Industrial Development Organisations that a right to union recognition and bargaining would act as a barrier to foreign direct investment.
This is a nonsense. Many FDI companies like HP, IBM, IKEA, Radisson deal with unions elsewhere in Europe and around the world. Their approach is simple. If they must, they will. If it's not mandatory, they won't.
The key test of this is obvious. If the current situation gives Ireland a competitive advantage, you would imagine that it would be an issue for President Sarkosy.
This motion is a route map to a solution.
Ireland is in breech of its obligations under ILO conventions. IMPACT along with Congress has lodged a complaint with the ILO which we hope will be heard later this year. An ILO convention is an international treaty binding the State. The State includes the judiciary as well as the Government.
We are also aware of the EU Charter of Fundamental Rights which provides for the Right (not the option) to negotiate and conclude collective agreements.
Most significantly, there is the recent case law from the European Court of Human Rights.
Most of us are aware of the Wilson Judgment which precludes victimisation of Trade Unionists. Minister Bruton recognises that this must be addressed and that the Government must ensure that Ireland's law is in conformity with the Judgement.
However, in answer to recent parliamentary questions, the Minister seems to be unaware of or is ignoring two more important cases.
In Demir and Baykara, the European Court of Human Rights has ruled that the accepted right to join Trade Unions includes the Right to bargain collectively and the right to strike.
That's worth saying again. The European Court of Human Rights has determined that the right to join a Trade Union includes the right to bargain collectively.
The programme for Government contains a commitment to reform the current legislation so as to ensure compliance by the State with the judgments of the Court.
This requires compliance with the collective bargaining ruling as well as the anti victimisation one.
We should not underestimate the difficulties we will face. The employers will declare themselves appalled. The Minister, who has acknowledged that he is no expert in this field, has already indicated that, that there are no proposals in the Programme for Government to compel an employer to engage in collective bargaining with a Union.
He clearly was not briefed on the meaning of the Programme and the requirements arising from the Courts Ruling.
This motion requires the incoming Executive Council to priortise engagement with Government with a view to securing the implementation of the terms of this motion.
We should all agree on this priority.