Dispute Resolution

1
Dispute Resolution

• The role of the State
• Nature of conflict
• Player options
• 3rd Party mechanisms
• Processes
• A real example

2

• STATE
• 3rd party intervention
• TRADE EMPLOYER
• UNION ASSCIATION

3
The Role of the State

• The state sets the framework within which
  industrial relations exist and it is the state
  alone which has the law-making powers which may
  substantially change the rules affecting the
  employment relationship.
• (Crouch 1982)

4
The Role of the State

• Depends on your perspective
• Unitarist Pluralist Marxist

5
Different Roles

• The State as Employer
• The State as Provider of Dispute Resolution
  Mechanisms
• The State as the State

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The State

• The Government
• The Dáil
• Civil Service
• Judiciary
• Garda Síochána
• Defence Forces

7
The State as The State

• Market Individualism (State supports the market)
• Liberal Collectivism (principal of voluntarism
  pluralism State facilitates)
• Corporatism (State has power, capitalist focus,
  unions coerced into compliance)
• Bargained Corporation (Social partnership)

8

• Whatever else may have changed since the 1980s,
  the defining characteristics of the employment
  relationship remain unaltered. Thus the basic
  conflicts of interest that exist between employer
  and employee have neither been eroded or
  eradicated.
• (Blyton Turnbull)

9
Two Recent Examples

• Ministers Tactics Could Spark Major Dispute
  Warns Prison Union (IRN Jan 04)
• Union Warns of Industrial Unrest Over Any
  Compulsory Transfers (IRN Dec 03)

10
Industrial Conflict

• Conflicts of interest inevitable
• Not necessarily dysfunctional
• Handling crucial
• Power bases unequal
• Relative power fluctuates

11
Forms of Industrial Conflict

• Unorganised Organised
• Informal Formal
• Individual Collective

12
Employee Options

• - Strikes - Sit-in
• - Work-to-rule - Go-slow
• - Sabotage - Output control
• - Absenteeism - Turnover
• - Pilferage
• - Working without enthusiasm

13
Employer Options

• Lockout
• Work intensification
• Discipline/sacking
• Intimidation
• Closure

14
Grievance Protocol

• Stage 1
• You ? supervisor ? manager
• Stage 2
• Shop steward
• Stage 3
• T.U. official employer
• Stage 4
• Independent third party

15
Industrial Disputes 2002

• Days Lost 21,257 (lowest on record since 1923)
• Number of disputes 27
• Number of firms 43
• Number of worker involved 3553
• Highest number days lost
• Manufacturing
• Health Social Work

16
Resolution of Industrial Disputes

• First mechanisms in place with Industrial
  Relations Act, 1946.
• Major overhaul with industrial Relations Act,
  1990.
• Provides structural devices for reconciling
  differences free of disruption.

17
Third Party Dispute Resolution

• Level 1 Level 2 Level 3
• Industrial Labour Circuit
• Relations Relations Court
• Officer Commission
• Equality Labour High
• Officer Court Court
• Rights Employment Supreme
• Commissioner Appeals Court
• Tribunal

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Processes

• Conciliation
• Adjudication
• Arbitration
• Formal Investigation

19
Industrial Relations Officers

• ..assist in the prevention and settlement of
  trade disputes. through facilitating voluntary
  negotiations between employers workers.

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IROs

• Conciliation
• Independent
• Voluntary informal
• Operate under L.R.C.
• Recommendations may be appealed to Labour Court.

21
Rights Commissioner

• .reduce workload of the Labour Court by
  providing a prompt adjudication service for what
  may be regarded as less major Industrial
  Relations issues.

22
RCs

• Adjudication
• Independent
• Voluntary informal
• Operates under L.R. Commission
• Recommendations appealed to
• Labour Court or Employment Appeals
• Tribunal

23
Equality Officers

• Revised role under the
• 1998 Employment Equality Act
• ...deal with discrimination on nine grounds.

24
EOs

• Formal Investigation
• Independent
• Voluntaryish Informalish
• Operate under the Director of Equality
  Investigations based in the Equality Authority
• Recommendations may be appealed to Labour Court.

25
Labour Court

• Established under I.R. Act, 1946.
• 1990 Act significantly altered role.
• Services free
• Independent
• Equal representatives of employers and workers
• Recommendations not (usually) binding

26
LC Mission

• to find a basis for real and substantial
  agreement through the provision of fast, informal
  and inexpensive arrangements for the adjudication
  and resolution of trade disputes.

27
LC Functions

• - Investigate and make recommendations on cases
  referred.
• - Registration of agreements (JLCs JICs)
• - Appeals against Rights Commissioner or
  Equality Officer

28
LC Structure

• Chairman (Kevin Duffy)
• 3 Deputy Chairmen
• ?
• 9 Ordinary Members
• ?
• Administrative Staff
• For efficiency can operate in 3 divisions of
  Chairman (or deputy) 2 Ordinary Members.

29
LC Process

• Minimum formalities
• Written submissions by both parties
• Submissions read by spokesperson
• Supplementary oral submissions
• Questions from court

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Labour Relations Commission

• Established under 1990 Act to
• .encourage employers and trade unions to take a
  positive and constructive approach to Industrial
  Relations.
• Proactive
• Restore LC to last resort

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LRC

• - Took over may functions of Labour Court.
• - Financed by department of E,TE.
• - Tripartite body with Trade Union, Employer and
  independent representatives.

32
Labour Relations Commission

• The primary objective of the Commission is to
  assist parties or individuals in dispute to
  resolve their industrial disputes through the
  appropriate use of the relevant services of the
  Commission.

33
LRC Services

• Conciliation Service (2002 settlement rate of
  80)
• Advisory, Development Research Service (ADRS)
• - Rights Commissioner Service

34
Conciliation Service

• Assists employers, trade unions and employees to
  resolve IR disputes.
• Responds to requests
• Case assigned to IRO within 3 days
• Over 80 of referrals settled
• If they cant resolve ? Labour Court

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Advisory, Development Research Service (ADRS)

• Works with employers employees to build
  maintain good relationships in the workplace.
• Diagnostic Survey
• Joint Working Party
• Preventative Facilitation
• Voluntary Dispute Resolution (non union)

36
Rights Commissioner Service

• Investigate recommend on disputes involving
  idustrial relations/employment rights
  legislation.
• RCs are independent of LRC
• LRC provides admin back-up facilitation

37
LRC Functions

• Review monitor developments
• Prepare codes of practice (eg. Addressing
  Bullying in the Workplace)
• Publish IR/HRM journal
• Commission, publish publicise research
• Range of publications
• Organise seminars, conferences etc.

38
LRC 2002

• Conciliation 1,693 referrals
• Employment Rights 5,695 hearings
• Advisory, development research
• - diagnostic audit (22)
• - JWP with frequent user (5)
• - preventative facilitation (16)

39
Resources

• 40 civil servants
• 6 Rights Commissioners
• Seven-member board (employers, TUs and
  independents)
• CEO Kieran Mulvey
• Annual Budget 250million

40
Commissions Core Values

• Flexible responsive to clients
• Quick full response
• Transperent accountable
• Professional
• Independent impartial
• Confidential
• Positive environment for staff

41
LRC Advisory Service

• The industrial relations situation at Limerick
  Corporation is one of the worst that the
  advisory service of the Labour Relations
  Commission has come across, according to a
• diagnostic survey by the service.
• (IRN December 1998)

42
Management Views

• - Small number of militant shop stewards
  abusing their position
• - Some workers had other sources of income not
  committed to the corporation
• - Unofficial disputes increased significantly
• - Overly dependant on third parties to solve I.R.
  problems
• - Lack of consistency in interpretation
  implementation of policy.

43
Employee Views

• - Workers badly advised or not advised/consulted
  by shop stewards
• - Some shop stewards workers wanted to cause
  trouble rather than do their work
• - Some managers were aggressive in their dealings
  with workers
• - No future in the corporation due to intention
  to privatise
• - Supervisors were not allowed to manage by their
  superiors a lot of responsibility with no
  authority.

44
Employment Appeals Tribunal

• Established under Redundancy
• Payments Act 1967 to
• .adjudicate in disputes regarding redundancy and
  to administer system of compensation.

45
EAT Process

• ... legalistic, individualistic, rights based,
  heavily reliant on common law notions of fair
  procedure and assessment of reasonableness.
• Claimant submits written case represented by
  T.U./solicitor
• Give evidence, call witnesses, cross examine,
  final address
• Written recommendation issued