INDUSTRIAL RELATIONS CONFLICTS Unit 1 – Chapter 3

Employer/Employee Relations Industrial relations is the term used to describe the relations existing between employers and employees in the workplace. It can also refer to the history of disputes between an employer and the employees.

Class Exercise In 200 words, what do you think are the causes of, and solutions to, industrial action in a business?

Benefits of Good Industrial Relations Quick Solutions Problems, when they arise, will be sorted out quickly. High Morale There will be a good atmosphere in the workplace and greater morale among the workforce. Increased productivity Productivity will increase and so profits will rise. Continuous Production Production will bot be stopped so the firm will not face the risk of delayed or cancelled orders. No bad publicity The firm will avoid the bad publicity normally associated with industrial disputes.

Causes of Industrial Disputes Claims for better pay and reward systems by workers. Claims for better working conditions. The threat of redundancies. Changes employers want to make in work practices. Claims of unfair treatment of workers, discrimination or unfair dismissals. Demarcation issues, i.e. Disputes about who does which tasks in the workplace. Disagreement about the promotion of employees. Introduction of new technology. Relocation of staff.

Pay Claims Cost of living claim: Inflation – A claim for a wage increase made by workers to compensate them for an increase in the cost of living. Comparability claim: Similar work, different firm – A claim for a wage increase made by workers after an increase is awarded to other workers doing similar work in another firm. Relativity claim: Different work, same firm – A claim for a wage increase made by workers after an increase is awarded to their colleagues. Productivity claim: Improved work rate – A claim for a wage increase made by workers in return for an improvement in productivity.

Trade unions Trade unions are organisations that are set up by workers to represent the interests of workers. Functions of trade unions: Give workers strength in acting together through the union. Negotiate with employers for better pay and conditions of work. Organise and represent the workers in trade disputes. Help to protect workers’ job security. Provide services for their members such as insurance and savings schemes. Lobby for laws protecting workers.

Irish Congress of Trade Unions Negotiate with employers and government. Promote trade union membership. Help resolve disputes between member unions. Sanction all-out strikes. Research developments in industrial relations. Provide education and training for union members. Promote mergers between unions for the benefit of their members.

Class Assignment Trade Unions: Friend or Foe? 200 words by Wednesday,

Non-legislative conflict resolution Negotiation All parties in the dispute sit down, discuss the issues and agree an acceptable solution. This may necessitate both sides making compromises.

Non-legislative conflict resolution Conciliation This is an attempt by a third party to settle a dispute by hearing both sides and suggesting a solution This is a non-binding recommendation.

Non-legislative conflict resolution Arbitration Both parties to a dispute request a third party to investigate the issues and make a recommendation. Both parties agree in advance to accept their finding.

Non-legislative conflict resolution Collective Bargaining Negotiations between employers and unions are called collective bargaining. When both sides agree, a collective agreement is drawn up. In Ireland in recent years, this has been called social partnershipsocial partnership

Legislative conflict resolution. There are four main pieces of legislation to solve workplace conflicts. 1. The Industrial Relations Act Unfair Dismissals act 1977/ Employment Equality Act Data Protection Act 1988

The Industrial Relations Act 1990 The main points of the Act are: Only disputes between employers and employees are legitimate trade disputes. A union must conduct a secret ballot of workers in deciding to go on strike. Picketing of the workplace is allowed as long as it is peaceful. Secondary picketing of another workplace is allowed only if the picketers believe that the second employer is helping the first employer to frustrate the strike action.

The Industrial Relations Act 1990 One week’s notice of industrial action should be given to the employer. The employers cannot get a court injunction to stop picketing where the union has followed the correct procedures for going on strike. Unions and workers cannot be sued for damages related to industrial action if the correct procedures have been followed.

The Industrial Relations Act 1990 The Industrial Relations Act established the following organisations and individuals which can be involved in resolving conflicts: 1. The Labour Relations Commission (LRC) 2. The Labour Court 3. Rights Commissioner 4. Employment Appeals Tribunal

Unfair Dismissals Act The Act covers all employees between the ages of 16 and 66 who have worked over eight hours per week for a period of more than one year. The burden of proof is on the employer to show that the dismissal was fair. This law was enacted to protect workers from being dismissed by their employer for unfair reasons.

Unfair Dismissals Act Unfair grounds for dismissal are: Pregnancy Race Membership of the travelling community Membership of a trade union Taking strike action Sexual orientation Political or religious beliefs

Unfair Dismissals Act If dismissing an employee, proper procedures must be followed, including a verbal warning followed by written warning. Fair grounds for dismissal are: Worker misconduct Worker incapable of doing the job Worker not properly qualified Necessary redundancy to remain competitive

Unfair Dismissals Act Employees have the following rights: To know the reasons for their dismissal To reply or argue against those reasons To be represented at any hearing on the dismissal That any hearing should be fair. Actions an employee can take: Complain to the employer Complain to the Rights Commissioner Bring their complaints to the Employment Appeals Tribunal.

Unfair Dismissals Act A constructive dismissal would occur where the working conditions of an employee are made so intolerable by the employer that the employee has to leave. Example: An employee in the Customer Service department of a travel agency complained to her boss that she was being ‘bullied’ by her colleagues. She complained to management who ignored her comments. She walked out of the job saying that she was ‘forced out’ because management ignored her complaint. A Rights Commissioner found that she had been unfairly dismissed and awarded her six months’ wages.

The Employment Equality Act 1998 Discrimination against employees is outlawed under nine specific grounds. 1. Gender 2. Marital Status 3. Family Status 4. Sexual Orientation 5. Religious Belief 6. Age 7. Disability 8. Race 9. Membership of the Travelling Community