Garda row defied six peace bids

OVER the past two years, the Government has watched with mounting embarrassment while an internal dispute in the Garda Representative Association descended into a bitter semi public wrangle.

The Minister for Justice and senior Garda had to walk past a picket of dissident gardai at the GRA's annual conference in Galway in 1994. The following conference was guarded by men from a private security firm who checked people's accreditation as they entered the conference area.

At least six concerted attempts at recondition, involving some of the most experienced figures in Irish industrial relations, floundered as the gardai involved failed to reach agreement.

Early indications yesterday were that the final Government sanction, of threatening to dissolve the existing associations and use legislation to create a new staff association for the 8,000 officers of Garda rank, may prove a legal minefield.

The GRA leadership has stated that, as a point of principle, no democratic State could allow an employer in this case the Government to draw up a constitution for its employees union or staff association. Such action, the GRA says, is contrary to the constitutional right to free representation and could be contrary to both Irish and European labour law.

The GRA is now threatening to seek affiliation to the Irish Congress of Trade Unions it has also been mandated by its annual conference to seek the right to strike. The association also has the financial resources to mount a concerted legal battle against the State.

The Government proposals, issued by the Minister for Justice, Mrs Owen, yesterday afternoon, were being pored over by both GRA and dissident Garda representatives yesterday.

Both sides seemed unhappy with different parts of the Government proposals it is just possible that there may enough be common ground in the document to allow a negotiated settlement.

If not, the Government is facing further difficulties with gardai at a time when the State is facing a growing security problem over the Northern conflict and the threat of violence spilling over into the State.

The problem with the Garda representatives is not just a matter of internal differences, although that is certainly a major element.

The problem centres on the handling of salary negotiations and, particularly, a pay deal negotiated two years ago on behalf of the garda rank.

The deal permits various "allowances" gardai receive to be counted as salary and to be pensionable.

The deal was struck after years of protracted negotiations. The gardai had won the argument to have the complicated and varied overtime and special allowance payments made pensionable, at the expense of a basic salary increase, during the period of the current round of public sector pay increases.

The pension deal, broadly, suited the average garda with a good deal of service and who is looking at the prospect of retiring on an index linked pension related to salary.

The deal did not suit a substantial minority of gardai who did not receive allowances, like those in technical and administrative jobs, and younger gardai serving in Dublin who were less concerned about pension rights and felt badly in need of a basic salary increase.

To the horror of some gardai, the pay deal included new restrictions on overtime payments. Gardai in the motor pool, which provides State cars, had their overtime replaced with a single lump sum which led to a major cut in pay.

The deal was unsuccessfully contested in the High Court two years ago this month. The GRA then took internal disciplinary action against the figures who took the court action.

Dissidents were dismissed from the association and, in some cases, faced serious allegations at internal GRA disciplinary committees. The dissident members broke away picketed the 1994 conference in Galway and later that year formed, heir own association, the Garda Federation. This group has never been officially recognised and was unable to represent its members, estimated at 2,500, in negotiations with management or at arbitration.

The split in the GRA grew a year go when representatives from four rural Garda divisions pulled out of, the Association but did not join the Federation.

The initial problems over the complicated and highly structured pay, land pension negotiations descended into a fractious wrangle between the leaders of the different groups. All attempts to resolve the representation arguments have failed and only caused the groups to adopt even harder positions.