thecribber
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The registration in 1990 of the agreement operating electrical contracting sector is being challenged on a number of fronts. In June 2009 at the request of the challenging parties the high court allowed all the different cases to be in effect rolled into one and it is expected that the full hearing will happen in Oct. this year.
Case One
This case involves an electrical contractor from one of the border counties who claimed he could not operate his company profitably under the terms of the agreement. With the consent of his employees he broke the agreement and continued to trade. He was taken to the Labour Court by the TEEU (of which none of his employees are members) and the Labour Court of course found the Unions claim that he was in breach of the agreement “well founded”. He has never made any secret of the fact that he is in breach of the agreement. The employer was fined in excess of 250000 euro but refused to comply and would not pay the money. As is the law the case was sent to the circuit court and was heard last September in Longford. The Justice in the circuit court refused to criminalise the employer and actually stated “This man has committed no crime”. The Justice referred the case to the High Court as a Case Stated. This happens when a circuit court Justice needs to clarify a “point of law”
Case Two
Two different groups of employers have claimed the REA is in breach of section 27 (3) C of the 1946 Industrial Relations Act in that the employer representatives are not and in fact never have been substantially representative. It is clear to all now that whatever the employer representation was in 1990 when the agreement was first registered, there is no way anyone can claim that the current employer bodies are substantially representative.
Link to section 27 of the 1946 Act
http://www.irishstatutebook.ie/1946/en/act/pub/0026/sec0027.html#zza26y1946s27
Case Three
The employer groups who are challengeing the agreement have claimed that the 2 employer groups who are involved in the agreement are in breach of section 6 (1) of the 1942 Trade Union Act. In that they are not holders of a valid negotiation licence.
The act clearly states “It shall not be lawful for any body of persons, not being an excepted body, to carry on negotiations for the fixing of wages or other conditions of employment unless such body is the holder of a negotiation licence.”
Link to section 6 of the 1942 act.
http://www.irishstatutebook.ie/1941/en/act/pub/0022/sec0006.html#zza22y1941s6
There is an argument that the Larger employer group the ECA can claim this they have the use of the CIF’s negotiation licence as they are affiliated to them, but the AECI are completely exposed as the do not and never have been the holders of a negotiation licence.
There is an interesting offshoot here. A National Joint Industrial Council (NJIC) which has been registered by the Labour Court is an excepted body under the Act.
See this link for more details
http://www.lrc.ie/ViewDoc.asp?CatID=17&fn=/documents/work/assistance_to_jic_and_jlc.htm&m=w
The electrical JIC have never applied to be registered. This was highlighted in the recommendation from the Labour Court in Feb. 2009
Link Here see page 76
http://www.neci.ie/downloads/Labour%20Court%20Determination%20REP091%20Electrical%20REA.pdf
If they had applied to be registered in the past there is no doubt the labour Court would have facilitated this despite the fact that under section 59 of the 1946 Industrial relations act the Labour Court cannot and should not register a council unless the employer bodies are
“YES !!!!YOU GUESSED IT” substantially representative.
Link to section 59 of the 1946 act
http://www.irishstatutebook.ie/1946/en/act/pub/0026/sec0059.html
Case four
I will not do the detail on this one but it concerns the constitutional rights of a person to enter a private mutually satisfying deal with an employer and these REAs take away that right. The case is basically claiming that REAs are in breach of the Irish Constitution.
Case five
Again no great detail is necessary but the case claims that REAs are in breach of the competition laws which have come into law since 1946 when the law upon which the agreements was put in place. The claim is that REAs are in effect a form of “price fixing”.
As I said at the outset the High Court has agreed that it makes sense to hear all these arguments and cases at the same time, as they are all concerned with the same Registered Employment Agreement.
The Labour Court and the 3 parties to the agreement are the ones been taken to the High Court except in the Case stated where a Circuit Court Judge is questing a Point of Law.
Hope this was Useful
Case One
This case involves an electrical contractor from one of the border counties who claimed he could not operate his company profitably under the terms of the agreement. With the consent of his employees he broke the agreement and continued to trade. He was taken to the Labour Court by the TEEU (of which none of his employees are members) and the Labour Court of course found the Unions claim that he was in breach of the agreement “well founded”. He has never made any secret of the fact that he is in breach of the agreement. The employer was fined in excess of 250000 euro but refused to comply and would not pay the money. As is the law the case was sent to the circuit court and was heard last September in Longford. The Justice in the circuit court refused to criminalise the employer and actually stated “This man has committed no crime”. The Justice referred the case to the High Court as a Case Stated. This happens when a circuit court Justice needs to clarify a “point of law”
Case Two
Two different groups of employers have claimed the REA is in breach of section 27 (3) C of the 1946 Industrial Relations Act in that the employer representatives are not and in fact never have been substantially representative. It is clear to all now that whatever the employer representation was in 1990 when the agreement was first registered, there is no way anyone can claim that the current employer bodies are substantially representative.
Link to section 27 of the 1946 Act
http://www.irishstatutebook.ie/1946/en/act/pub/0026/sec0027.html#zza26y1946s27
Case Three
The employer groups who are challengeing the agreement have claimed that the 2 employer groups who are involved in the agreement are in breach of section 6 (1) of the 1942 Trade Union Act. In that they are not holders of a valid negotiation licence.
The act clearly states “It shall not be lawful for any body of persons, not being an excepted body, to carry on negotiations for the fixing of wages or other conditions of employment unless such body is the holder of a negotiation licence.”
Link to section 6 of the 1942 act.
http://www.irishstatutebook.ie/1941/en/act/pub/0022/sec0006.html#zza22y1941s6
There is an argument that the Larger employer group the ECA can claim this they have the use of the CIF’s negotiation licence as they are affiliated to them, but the AECI are completely exposed as the do not and never have been the holders of a negotiation licence.
There is an interesting offshoot here. A National Joint Industrial Council (NJIC) which has been registered by the Labour Court is an excepted body under the Act.
See this link for more details
http://www.lrc.ie/ViewDoc.asp?CatID=17&fn=/documents/work/assistance_to_jic_and_jlc.htm&m=w
The electrical JIC have never applied to be registered. This was highlighted in the recommendation from the Labour Court in Feb. 2009
Link Here see page 76
http://www.neci.ie/downloads/Labour%20Court%20Determination%20REP091%20Electrical%20REA.pdf
If they had applied to be registered in the past there is no doubt the labour Court would have facilitated this despite the fact that under section 59 of the 1946 Industrial relations act the Labour Court cannot and should not register a council unless the employer bodies are
“YES !!!!YOU GUESSED IT” substantially representative.
Link to section 59 of the 1946 act
http://www.irishstatutebook.ie/1946/en/act/pub/0026/sec0059.html
Case four
I will not do the detail on this one but it concerns the constitutional rights of a person to enter a private mutually satisfying deal with an employer and these REAs take away that right. The case is basically claiming that REAs are in breach of the Irish Constitution.
Case five
Again no great detail is necessary but the case claims that REAs are in breach of the competition laws which have come into law since 1946 when the law upon which the agreements was put in place. The claim is that REAs are in effect a form of “price fixing”.
As I said at the outset the High Court has agreed that it makes sense to hear all these arguments and cases at the same time, as they are all concerned with the same Registered Employment Agreement.
The Labour Court and the 3 parties to the agreement are the ones been taken to the High Court except in the Case stated where a Circuit Court Judge is questing a Point of Law.
Hope this was Useful