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GAZETTE
JULY/AUGUST 1991
concerned, the Minister stated the
Act regulated such picketing more
closely and it defined secondary
picketing in clearly understood
industrial relations terms. Second-
ary picketing - that is, picketing at
the place of business of an
employer other than an employer
involved in a trade dispute - is now
lawful only where the workers in
dispute have a reasonable belief
that the second employer has
directly assisted the employer who
is party to the dispute for the
purpose of frustrating the strike or
other industrial action. There were
strong demands from the em-
ployers' side for the total outlawing
of secondary picketing but it was
the Minister's belief that to do this
would tilt the balance in favour of
employers by providing a means of
breaking strikes by setting up
business elsewhere.
Ballots and Injunctions
The Minister outlined the provision
relating to ballots and injunctions.
The secret ballot provisions require
every union to have a pre-strike
secret ballot rule in its rule-book
within two years of the passing of
the Act (i.e. by 18th July, 1992).
The provisions on injunctions are
closely linked to those on secret
ballots. Where a secret ballot has
been held and at least one week's
notice of industrial action has been
given, the employer will not be
entitled to seek an injunction
without giving notice to the union
and the workers concerned. This is
to remedy the abuse of injunctions
by some employers in trade
disputes.
The granting of ex-parte
injunctions, often in a judge's home
outside court hours, has been a
matter of considerable concern to
trade unions for a long time. The
Act also provides that interlocutory
injunctions will not be granted
where, in addition to having a
secret ballot and giving notice, the
union establishes a fair case that it
was acting in contemplation or
furtherance of a trade dispute.
However, these restrictions on
the granting of injunctions will
not apply in the case of trespass,
damage to property, or action
likely to cause death or personal
injury.
One Worker Disputes
The 1990 Act provides that
immunities will apply in the case of
disputes involving one worker only
if procedures (where these exist in
the employment concerned) for
resolution of grievances have been
resorted to and exhausted.
The reasoning behind this
provision is to remove protection
from individuals taking wildcat
action (and from those supporting
them) in situations where there are
procedures available for the
resolution of grievances.
During the Dáil debate a lot of
emphasis was laid on the position
of vulnerable categories of workers
and the claim was made that the
provision as it then stood could act
to the detriment of such workers.
To take account of such fears, the
Minister amended the relevant
section to make it clear that the
procedures referred to were
agreed
procedures, either ones availed of
by custom or in practice or ones
provided for in a collective
agreement.
COMPANY
SECRETARIAL
CONSULTANT
PETER H. QUINLAN
MBA, AITA
A
COMPLETE
COMPANY SERVICE
Advice on Corporate Procedures
Drafting of Resolutions and
Minutes Arrangement of Company
Meetings - Searches and Updates
of Company Records
Filing Returns
and Other Compliance
67 Lansdowne Road
Dublin 4
Tel: (01) 684245
RTE TV QUIZ
Challenging
Times
SADSI has been in-
vited to participate in
this inter-college TV
Quiz.
Teams of 4 should
contact Joe Kelly c/o
A & L Goodbody before
the 1st September.
SADSI will organise
a competition between
interested teams and
prize
money
w i ll
be awarded to t he
winner.
DEBATING
SADSI is selecting teams to
take part in the following
competitions:
- Jessup Moot
International Law
- Coyle Hamilton Law
Students
Debating Competition
- Irish Times
- Observer Mace
Anyone interested please
contact either Joe Kelly c/o
A & L Goodbody or Donal
Taaffe c/o Fergus P. Taaffe.
A meeting will be held
upstairs at O'Dwyer's of
Leeson St. on Tuesday, 27th
August at 7.00p.m.
247