‘No accident’ legislation for better collective bargaining delayed, says ICTU

There are “strong forces” at play who will walk over hot coals before they allow promised legislation to provide for greater collective bargaining rights for workers to come into force, the head of the trade union movement has said.

In a speech at the annual conference of the Public Service Executive Union (PSEU) in Killarney, Patricia King, general secretary of the Irish Congress of Trade Unions, said it was not an accident that the legislation in this area had not yet been published by the Government.

“You can make up your own mind as to why this has happened. But I think we would be naïve in the extreme to think that this is solely due to political ineptitude,” Ms King said.

“I think we have to recognise that there are very strong forces at play here whose interests will not be served by that (legislation) being on the statute books. And they will walk over hot coals before they allow that to happen. That is what is going on in the background.”

Speaking later to reporters, she said that she always believed some in the business community and some “deep in the establishment” were never in favour of such collective bargaining legislation.

“It would be very naïve of me to think now that all sides want it.”

The discussions and consultations leading to it were very difficult, however, we have arrived at as space where draft heads of a bill could actually be published. I have to accept that it is not just about political people not doing what they should do. I have to accept that there is certainly some pressure in the ether which says we do not want it. “

Asked if there could be industrial action if the promised collective bargaining legislation either was not passed or was successfully challenged, she said that would be for the movement to decide.

The proposed legislation would allow workers in companies that did not recognise trade unions to have their terms and conditions determined by the Labour Court based on the circumstances applying in comparable companies.

The Labour Court determination in such instances could be enforced through the circuit court.

Ms King said the proposed bill also contained anti-victimisation provisions, which would allow for judicial review prior to any dismissal of a worker and would also outlaw other forms of employer abuse.

She told the conference that such legislation had the capacity to remedy a sizeable proportion of the crucial issues involved in the current dispute involving Dunnes Stores.

Ms King said she had been trying to influence people “ in the establishment” over recent days to introduce an amendment to existing legislation governing working time to go some way towards providing for banded hour contracts, which would give workers more certainty over their working hours and income.

She said she was disappointed that this had not happened.

“The people in the establishment who have the power to do it, must never have suffered the same as the Dunnes Stores workers have suffered because if they had they would not be standing back on it,” Ms King said.

In a strong attack on Dunnes Stores, Ms King said the company’s moral compass was “completely skewed”.

“Both in the lead up to and post the one-day strike these workers have ben subjected to the most appalling and wholly unacceptable employer behaviour. They have been threatened, punished and in some cases summarily dismissed.” she said.

She said Dunnes Stores and some other like-minded employers believed that the employer/employee relationship was entirely one-sided.

“They have all the power, workers should do as they say, should accept their demands no matter how unreasonable and feel full of fear for their job if they don’t comply. They show contempt for the State’s third party institutions and will only address any case put in the tribunal of last resort, often years after the event,” Ms King said.

“Their philosophy is clear and simply. Nothing gets in the way of profit making.”