Labour Relations Commission reports fewer strikes but more disputes

In its 2006 annual report, the Labour Relations Commission (LRC) highlights the paradox of Ireland having its lowest ever level of industrial action on record, while at the same time the Commission’s caseload continues to rise and its services are being ‘stretched’. LRC’s chief executive warned that Ireland stands at a critical juncture in the social partnership process.

The Labour Relations Commission (LRC) has published its 2006 annual report (2.2Mb PDF), showing that some 7,352 working days were lost through strikes in that year, which is the lowest figure since record collection began in 1923. Large-scale collective industrial action certainly has decreased significantly in recent decades. However, the number of disputes being referred to the various state dispute resolution bodies has continued to mount. This shows that conflict at work has not disappeared. Rather, it has become increasingly absorbed by institutions and procedures, as well as becoming more individualised.

Alternative forms of disputes favoured

It is clear from LRC’s 2006 annual report that trade unions and their members are engaging in alternative forms of disputes rather than choosing to use the traditional weapon of taking strike action. These alternative forms are frequently not counted in the official strike data. They include, but are not limited to, protest marches, work to rule or go slows, short stoppages and ‘meetings’ during working hours. The LRC considers that ‘the conventional boundaries of bargaining are being re-shaped’.

In 2006, the LRC’s conciliation service secured an 81% settlement rate of all cases referred. Activity was particularly high in the public sector, where 732 conciliation conferences took place. According to the LRC Chair, Maurice Cashell, the high number of cases in the public sector is influenced by ‘the continuing drive for efficiencies and reform in the health sector, where adversarial industrial relations are deeply embedded, and more generally in the public sector where existing linkages compound dispute resolution’.

Increasing demand for conciliation

Meanwhile, speaking at the recent annual conference of the Irish branch of the Chartered Institute for Personnel Development (CIPD), LRC Chief Executive, Kieran Mulvey, stated that today a clear determination exists to ensure a ‘culture of compliance’ with regard to employment rights. He revealed that the LRC’s Rights Commissioner Service is likely to receive up to 10,000 complaints in 2007. As part of the current 10-year social partnership agreement [Towards 2016 (2.9Mb PDF)](http://www.taoiseach.gov.ie/attached_files/Pdf files/Towards2016PartnershipAgreement.pdf), additional resources have been made available to the commission which will be of benefit when it comes to meeting the demands for conciliation. The 2006 annual report underlined that the remit of the service is being continuously stretched due to the following aspects: new legislation, new interpretations of existing laws, greater complexity surrounding contractual obligations and the growing diversity of the working population.

In his address to the CIPD, Mr Mulvey highlighted that a noteworthy development in the Rights Commissioner Service ‘is the increased use of legal representation on behalf of all parties in relation to cases and the rising numbers of complaints from non-Irish nationals of the European Union and other nationalities on a multiplicity of employment rights issues’.

Mr Mulvey warned that the exploitation of foreign workers must be tackled. With a draft Employment Compliance Bill 2007 – promised as part of the Towards 2016 agreement – near finalisation, he noted that no fair or decent employer ‘has anything to fear from such fundamental rights’. Mr Mulvey regards Towards 2016 as a radical and ambitious programme for the next decade: ‘I have previously described it as a “cradle to the grave” perspective covering all aspects of our society.’

Social partnership process hangs in the balance

Mulvey warned, however, that Ireland stands at a critical juncture in the social partnership process, both from within and outside the country. ‘We need to be aware that some of the most laudatory developments of social partnership were around wage consistency, industrial peace, competitiveness, public service reform, employment creation and social inclusiveness.’

He suggested that some slippage is now evident with regard to all of these objectives. On the trade union side, some major unions are questioning and challenging the essential rules and central agreements of the process, as well as its capacity to deliver membership expectations. To support his concerns, Mr Mulvey referred to the recent nurses’ dispute, which he said was the second time a major group has campaigned against the Public Service Benchmarking Body (PSBB) before its deliberations were made known (IE0702029I).

Brian Sheehan, IRN Publishing