INTRODUCING mandatory arbitration into industrial relations could be counter productive, the chairwoman of the Labour Court, Ms Evelyn Owens, has warned. But she says legislation should be introduced to make certain Labour Court decisions legally binding, particularly in disputes where unions and employers seek Labour Court intervention.
Ms Owens was speaking at the Countess Markievicz memorial lecture in Dublin last night. Commenting on the recent "Strategic Policy" document of the Labour Relations Commission, which suggested that mandatory third party arbitration be investigated she said the issue "is one that requires a very cautious approach.
"It may work successfully in the context of local or national agreements, but as a statutory requirement it might be counterproductive, in that it might add pressure to existing tense situations. This would need to be widely debated before a decision is made on any proposals to introduce it into industrial relations in Ireland.
"Even more controversial would be the prospect of all Labour Court recommendations being binding. This would run directly against the present and, it is true to say, successful system of free collective bargaining. The implementation of such a concept itself would require a consensus between the social partners and that is not likely to happen in the foreseeable future," she said.
"There is a valid argument, however, for some decisions by the Labour Court under the Industrial Relations Acts to be made legally binding. A move to make the necessary changes to the legislation would be welcomed by the court.
"I am referring specifically to the court's decisions on appeals of Rights Commissioners' recommendations, and also the court's recommendations under section 20 of the 1966 Act." Rights Commissioners deal mainly with cases brought by individual workers over dismissal or changes in their conditions of employment. Section 20 recommendations are issued where workers or their union, or both parties, have agreed in advance to accept the Court's recommendation.
"As far as the role of the Labour Court, as the `court of last resort' in industrial relations cases is concerned, the court has no difficulty with that. However, that role has to be accepted by all concerned."