The Gazette 1991

GAZETTE

The Federated Workers Union of

Ireland (FWUI) absorbed many

smaller unions such as the

Federation of Rural Workers and the

National Association of Transport

Employees (NATE). SIPTU was

formed recently from the FWUI and

ITGWU I!>oth originating from the

traditions of Jim Larkin.

Public

service unions are also merging to

form mega-unions. Despite the

official and trade union consensus

on the desirability of trade union

mergers and public policy aspects,

the effect of the Registrar's

decision in the NUJ

IPU case, is

to block a rationalisation step by

the refusal to register a transfer of

engagements: In the specific case,

the proposed transfer from the

Irish-registered IPU to the NUJ, a

union with headquarters in Britain,

was complicated by the existing

legislation re unions with head–

quarters outside the State.

The Registrar, although appoint–

ed by the Minister for Industry and

Commerce, is independent in the

performance of his statutory duties.

Government policy, as administered

by the Department of Labour,

strongly supports rationalisation,

but the Registrar's decisions in

accordance with law may be con–

trary to such policy. Apart from

effectively blocking mergers which

do not meet statutory requirements,

the Registrar may also register new

unions which fulfil relevant require–

ments but add to the multiplicity of

trade unions.

British-based Trade Unions

The roots of the dilemma high–

lighted by the NUJ-IPU case are to

be found in the peculiar position of

British-based trade unions operat–

ing in Ireland. This has been a very

emotive and divisive issue in the

past, due to historical reasons and

strong nationalist traditions.

Some rivalries and differences of

policy still exist but generally Irish

and British-based unions work in

reasonably harmony.

The NUJ, the Amalgamated

Transport

General Workers Union

(ATGWU) and other British-based

unions now Irish operate branches

in mainstream Irish trade unionism.

Nevertheless, there are policy

differences, e.g. British-based

unions are often critical of cen–

tralised pay bargaining.

On a practical level, if a lawyer or

member of the public, wishes to

search public record files for in–

formation about the Irish branches

of British-based unions, no en–

lightenment will be found in the

Registry of Friendly Societies,

Hume Street, Dublin 2. Unlike Irish

unions, trade unions such as the

NUJ or ATGWU cannot register

with the Irish Registrar for reasons

explained below.

Trade Union Act, 1941 (No. 22 of

1941)

That controversial Act was

challenged in the courts and Part 3

was declared to be unconstitutional

because it unduly restricted free–

dom of association enshrined in

Article 40.6.1 (iii) of the Irish

Constitution.

In its decision, the

Supreme Court may not have given

adequate weight to the public

interest on the desirability of

rationalisation. In the case, the

National Union of Railwaymen

(NUR), a British-based union,

challenged the proposed exclusive

rights for the ITGWU in certain

employments. (The descendants of

both the old rivals, the NUR and

ITGWU are now united in SIPTU).

The constitutional challenge did

not affect the main areas of the

1941 Act dealing with negotiation

licences.

The 1941 Act also introduced the

concept of authorised trade union.

Under Sect. 6, of the 1941 Act,

Irish unions, (with specified ex–

ceptions mainly public service

unions and bodies exempted by

Ministerial Order, generally pro–

fessional bodies such as the Law

Society), cannot negotiate on

wages or conditions of employ–

ment unless granted an negotiation

licence. Deposits of specified sums

with the High Court, are also

required under the 1941 Act,

amended by 1971 Act which

imposed stricter conditions.

Sect. 7 of the 1941 Act confines

the grant of negotiation licences to

authorised unions registered in the

State or, if not so registered, to

trade unions under the law of

another country with headquarters

control in that country, in practice

British-based unions. The general

trend is for most Irish unions

including public service unions to

become registered.

Registration was originally a

voluntary process under the Trade

JULY/AUGUST 1991

Union Act, 1871 which conferred

certain advantages e.g. re property

and obligations such as filing

returns to the Registrar. Registra–

tion has now become a virtual

necessity for Irish-based unions

involved in industrial relations.

British-based Unions Distin–

guished (Meredith Decision)

(1936) IR 471.

The position of British-based

unions is different and complex,

with deep roots in Irish labour

history illustrated by a High Court

case of 1935-36, between the

ITGWU and the ATGWU, known as

the Meredith J. decision.

It is a vital case in understanding

the position of British-based unions

and why they are not registered in

this jurisdiction with the Irish

Registrar. Keane J. in the recent

NUJ/IPU case referred to decision

of Meredith, J.

The plaintiffs, ITGWU, sought (1)

to restrain the defendants, the

ATGWU from carrying on business

in Ireland under the Transport

General name or any similiar name

likely to deceive the public; (2) a

declaration that the recording of

the ATGWU or TGWU (its British

title), or of its rules, or amendment

thereof, in the Register of Trade

Unions in the Irish Free State was

illegal and invalid.

The High Court held: A. An

action for tortious acts could not be

maintained because of indemnity

under Sect. 4, Trade Disputes Act,

1906;

The recording in the Irish

Registry of the rules of the British–

based ATGWU was inoperative and

of no legal effect.

A vital plank of

the decision was the interpretation

of Sect. 6 Trade Union Act, 1876,

prescribing procedures for regis–

tering unions in more than one

country of the UK - England,

Scotland or Ireland, then a

legislative union.

The 1876 Act allowed unions,

registered in one UK country, to

operate in the other countries by

sending the rules for registration to

the Registrar in the other country.

After the passing of the Irish Free

State Constitution, "Ireland" had

a different meaning than that

envisaged in 1876. By virtue of

Sect. 3, Adaptations of Enactments

Act, 1922, "Ireland" meant

SaorstcH Eireann - the Irish Free

State. Sect. 6 of the 1876 Act was

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