Introduction In answering this question, I will first define industrial action, and explain the 2 types official and

d unofficial action. I will discuss the regulation of industrial action based on voluntarism and immunities. I will outline changes in the act, including balloting & employers use of injunctions. Main part: Why reform? Reform was needed because of: 1. Rising levels of strikes in the 1960s 2. Rise in unofficial strikes 3. Strikes affecting essential services 4. Strikes involving inter-union disputes Because of all these strikes, employers complained to the gov, who responded by launching the 1978 Commission of Inquiry on Industrial Relations The Commission reported the failure of existing voluntary arrangements and recommended changing the present law dealing with trades disputes. The Commission recommended procedural restraints on union taking action. This eventually lead to the Industrial Relations Act 1990 Definitions Industrial Action: any action, which affects, or is likely to affect, the terms or conditions, whether express or implied of a contract and which is taken by any number or body of workers in compelling their employer, to accept or not to accept terms or conditions of or affecting employment. Might include: o/t ban, work-to-rule, go-slow, etc. Official Action is sanctioned by the union. Involves the union in organising and supporting strikers, and may include strike pay. Unofficial Action is when a group of workers engage in strike action, without the formal sanction of the union. Irish people have no right to strike, but actions in contemplation or pursuit of an industrial dispute, are protected from civil action. The 1990 Industrial Relations is based on UK 1906 Trades Dispute Act, and serves as a basis of Irish labour law. Main part: What did the 1990 act do? It re-enacted a number of the original provisions of the 1906 Trade Disputes Act, but limited some immunities. New provisions were put in place in regards to ballots, notice and picketing. It placed extra obligations on Trade Unions. The Act also made it more difficult for employers to get injunctions from the courts, to halt industrial action, where the unions are abiding by the rules. 1

Section 8 Defined the terms of trade disputes. Withdrew protection from inter-union disputes Excluded political strikes, and the Defence Forces or Gardai were not covered in the act. Section 9 Withdrew immunities from individual industrial disputes (eg. Dismissal) in breach of agreed procedures, or custom & practice. Action protected if employers breach procedures. Trade disputes provisions were put in place. Definition of a trade dispute A Trade dispute means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises or not. Section 10 Workers and their trade unions are immune from legal proceedings in these circumstances for actions that would otherwise be actionable at law. Section 11 Clarified and restricted rules on lawful picketing at or near ones place of work. A person can only picket his own employer. Secondary picketing may be lawful where a second employer is providing direct assistance to an employer in dispute. Injunctions are denied in cases where there has been a secret ballot, which is in accordance with the provisions Act; strike notice of one week has been given to the employer, and no damage has been done to property or death or personal injury. No sympathy action Section 14 Unions are obliged to place in Rule Books, provision for a secret ballot before approving any form of industrial action (including non-strike action) Section 19 The Act places restrictions on the right of employers to obtain injunctions in dispute situations. Interlocutory Injunctions Where a secret ballot favouring industrial action has been held and the employer is given one weeks notice, a court will not grant an injunction restraining the industrial action where the respondent union or unions establish a fair case that they were acting in contemplation or furtherance of a trade dispute. 2

Conclusion The IR Act placed restrictions on the use of injunctions in trade disputes. Trade unions must now make provision in their rules for the conduct of secret ballots and adhere to strict procedures before sanctioning of industrial action. It defined protected industrial action. The immunities provided for in respect of peaceful picketing have been re-enacted and the circumstances in which peaceful picketing can lawfully take place have been amended.