The Building and Allied Trades Union has been accused in the High Court of financing a "militant and unlawful" industrial war against one of the State's major building firms over its use of bricklaying sub-contractors on construction sites. Mr Ercus Stewart SC, counsel for a builder engaged on major restoration and development works at Leinster House and the National Gallery, told the court his client, Michael McNamara and Co, had until now been unable to link the union with illegal picketing, harassment and intimidation of workmen on these and other major building sites.
He told Mr Justice O'Sullivan that the company had now obtained copies of cheques paid through a union bank account to people carrying on unlawful actions against the company, in an effort to enforce union policy of direct employment of bricklayers.
Mr Stewart, who appeared with Mr Roddy Horan, said the company also had photographic and surveillance evidence of involvement by trade union officials in the active support and organisation of unlawful industrial actions which were seriously damaging the company.
The company was granted a number of injunctions against the union, its trustees, Dublin branch chairman and national executive member Mr Edward (Neville) Farrelly, branch vice-chairman Mr Gerard Kinnerk, and union activists and executive committee members, Mr Patrick Kinsella and Mr Ken O'Connor. All have been restrained by temporary injunction from breaching grievance and disputes procedures, supporting or funding union members or others in unlawful actions, interfering with or obstructing building works or engaging in any industrial action against the company.
All defendants were also prohibited from destroying or parting with documents relating to the organisation, funding, support or sanctioning of the actions complained of.
Mr Sean McBennett, a director of Michael McNamara and Co, Grattan Bridge House, Upper Ormond Quay, Dublin, told the court Mr Farrelly was prominent in the union's campaign to exclude bricklaying sub-contractors from employment on building sites in Ireland. The campaign was an official policy of the union and was unique to it, as against all other unions within the construction industry.
He said the company carried on work at other sites at City West, Beaumont and Clondalkin. It engaged Kilburn Developments Ltd, a registered sub-contractor, for bricklaying and associated works and all parties, including the defendants, were bound by the provisions of a collective industrial relations agreement. He said intermittent pickets had been placed on Dail Eireann and the National Gallery and other sites and were marked by widespread intimidation, trespass, harassment and obstruction of site entrances.
Mr Kinnerk had stated the union was going to force McNamara from using Kilburn Developments Ltd. Mr McBennett said a surveillance company had observed Mr Kinnerk, Mr O'Connor and Mr Kinsella emerge from a union meeting. Mr Kinnerk had been seen handing out posters to Mr O'Connor and Mr Kinsella from the boot of his car. The posters bore the legend: "Direct PAYE Employment for Bricklayers." Next day the posters were displayed by picketers at Dail Eireann. The proceedings were adjourned for two weeks with liberty to the defendants to apply to the court on giving 48 hours' notice to the plaintiff.