A special edition of TUI News - for Teachers Union of Ireland members - fails to refer to any negative aspects of the proposed national agreement, it was claimed in the High Court.
Two TUI members secured leave yesterday to serve notice on the union of their intention to apply for a number of orders, including one directing it to publish an edition of TUI News carrying both sides of the argument on the terms of the Programme for Prosperity and Fairness (PPF).
Ms Mary Friel and Mr Edward Conlon are also seeking an order restraining the TUI from conducting a ballot otherwise than in accordance with the instructions of the TUI congress, as required by its rule book. They also want an order restraining the union from continuing to distribute its special edition of TUI News.
In an affidavit read by Mr Alex White, for the two union members, Ms Friel, of Lohunda Park, Clonsilla, Dublin, said she was a member of the union's executive. Ballot papers on the PPF had been distributed and are to be returned by March 16th.
Ms Friel said that on the question of conducting ballots the TUI congress had given instructions to the executive committee through a resolution passed in 1996. It directed that the executive members, "in all their communications, shall carry both sides of the argument concerning the ballot, giving equal prominence to each". There was also a requirement that an edition of TUI News be published concerning the ballot.
An edition of TUI News had been published but it was completely at variance with the instructions of congress as it failed to carry both sides of the argument, she said. It carried a range of points in favour of supporting the new agreement but did not carry any arguments which could be made against the agreement. Accordingly, she believed the special edition was in breach of the congress instruction.
Last Thursday her solicitors wrote to the president and general secretary of the TUI requesting that the union publish a further edition of TUI News which would be "a balanced document in line with the congress instruction". A replying letter denied the TUI was in breach of any contract with its members and indicated grievances or disagreements could be addressed adequately through the ordinary democratic procedures.
Ms Friel said it was not the plaintiffs' intention to prevent the executive from putting forward the undoubted positive aspects of the agreement, but to ensure the other side of the argument was also presented.
The president of the TUI, Mr Joe Carolan, in a statement last night, said: "The TUI will vigorously defend its reasonable position in the courts. The members concerned raised their difficulties in relation to the agreement at a meeting of the executive on February 18th. The executive decided by a large majority that the actions of the union to date were fair and reasonable, and disagreed with the position advanced by Ms Friel and Mr Conlon. It now appears that Mr Conlon and Ms Friel are seeking through the courts to have their view prevail, in direct opposition to the decision of the executive committee of which they are members."