Injunction against pickets over sub-contractors continued

The High Court has continued orders restraining pickets on sites in Dublin, Kildare and Wicklow arising from the ongoing dispute…

The High Court has continued orders restraining pickets on sites in Dublin, Kildare and Wicklow arising from the ongoing dispute over the use of sub-contractors on building sites.

Groups of men were alleged to have threatened and assaulted employees of Collen Construction Ltd and sub-contractors working on its sites and to have breached court orders restraining pickets and the besetting of the sites.

The order was granted to Collen and applies to the Building and Allied Trades Union, its regional organiser Mr Dennis Farrell, a number of named persons, "persons unknown" and all with knowledge of the making of the order.

The union has denied involvement in alleged threatening and assaultive behaviour. It totally disapproved of such activities and had informed its members it was not in dispute with Collen.

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Yesterday, Mr Brian O'Moore SC, for Collen, applied to continue the orders and also to join "persons unknown" as defendants. This follows allegations by the company that large groups of men had engaged in assaults and threatening behaviour on their sites.

Mr Justice Lavan said it was policy that these types of dispute should be dealt with elsewhere but "mob rule" would not be tolerated. He said there was "not a semblance" of criticism against the union in his comment.

Mr Kerr for BATU, and Mr Farrell said they accepted there could not be mob law. The union and Mr Farrell are continuing undertakings they will not trespass on or picket Collen's sites at Park Motors, North Circular Road, Dublin; Tolka Valley Road, Finglas, Dublin; Clane Road, Celbridge, Co Kildare, and the VEC school at Kilcoole, Co Wicklow. The judge granted interlocutory orders, which continue until the trial, restraining picketing, watching and besetting of those sites.

The value of the contracts to Collen is more than €15 million, the court has heard. Collen claims the actions are part of BATU's campaign to eliminate the use of sub-contractors.

In an affidavit, Mr Leo Crehan, a director of Collen, said he was told a protest was being planned for outside his company's Park Motors' site on December 13th. He said members of the union were being told Collen operated in the black economy and had made threats against union officials.

In another affidavit, Mr Brendan O'Sullivan, a regional organiser with the union, denied it was organising meetings to inform workers about a protest at the Collen site.

Mr Patrick O'Shaughnessy, general secretary of the BATU, said in an affidavit that the people involved in the alleged assaults and intimidatory behaviour, some of whom were alleged to be union members, were not acting with the authority of the union.