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Dispute Resolution The role of the State Nature of conflict Player options 3 rd Party mechanisms Processes A “real” example STATE 3 rd party intervention TRADE EMPLOYER UNION ASSCIATION The Role of the State

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Dispute Resolution

  • The role of the State

  • Nature of conflict

  • Player options

  • 3rd Party mechanisms

  • Processes

  • A “real” example


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STATE

3rd party intervention

TRADE EMPLOYER

UNION ASSCIATION


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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)


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The Role of the State

Depends on your perspective:

Unitarist Pluralist Marxist


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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


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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’)


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Whatever else may have changed since the 1980’s, 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)


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Two Recent Examples 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.

  • Minister’s Tactics Could Spark ‘Major Dispute’ Warns Prison Union (IRN Jan 04)

  • Union Warns of Industrial Unrest Over Any Compulsory Transfers (IRN Dec 03)


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Industrial Conflict 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.

• Conflicts of interest inevitable

• Not necessarily dysfunctional

• Handling – crucial

• Power bases unequal

• Relative power fluctuates


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Forms of 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.Industrial Conflict

Unorganised Organised

Informal Formal

Individual Collective


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Employee Options 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.

- Strikes - Sit-in

- Work-to-rule - Go-slow

- Sabotage - Output control

- Absenteeism - Turnover

- Pilferage

- Working without enthusiasm


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Employer Options 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.

  • Lockout

  • Work intensification

  • Discipline/sacking

  • Intimidation

  • Closure


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Grievance 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.Protocol

Stage 1:

You  supervisor  manager

Stage 2

Shop steward

Stage 3

T.U. official & employer

Stage 4

Independent third party


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Industrial Disputes 2002 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.

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


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Resolution of 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.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.


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Third Party Dispute Resolution 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.

Level 1Level 2Level 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 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.

  • Conciliation

  • Adjudication

  • Arbitration

  • Formal Investigation


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Industrial Relations Officers 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.

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


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IRO’s 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.

• Conciliation

• Independent

• Voluntary & informal

• Operate under L.R.C.

Recommendations may be appealed to Labour Court.


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Rights Commissioner 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.

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


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RC’s 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.

• Adjudication

• Independent

• Voluntary & informal

• Operates under L.R. Commission

Recommendations appealed to

Labour Court or Employment Appeals

Tribunal


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Equality Officers 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.

Revised role under the

1998 Employment Equality Act

...deal with discrimination on nine grounds.


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EO’s 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.

• Formal Investigation

• Independent

• Voluntary’ish’ & Informal’ish

• Operate under the Director of Equality Investigations & based in the Equality Authority

Recommendations may be appealed to Labour Court.


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Labour Court 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.

Established under I.R. Act, 1946.

1990 Act – significantly altered role.

• Services free

• Independent

• Equal representatives of employers and workers

• Recommendations not (usually) binding


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LC Mission 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.

…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.


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LC Functions 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.

- Investigate and make recommendations on cases referred.

- Registration of agreements (JLC’s & JIC’s)

- Appeals against Rights Commissioner or Equality Officer


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LC Structure 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.

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.


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LC Process 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.

Minimum formalities

  • Written submissions by both parties

  • Submissions read by spokesperson

  • Supplementary oral submissions

  • Questions from court


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Labour Relations Commission 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.

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 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.

- Took over may functions of Labour Court.

- Financed by department of E,T&E.

- Tripartite body with Trade Union, Employer and independent representatives.


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Labour Relations Commission 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.

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.


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LRC Services 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.

  • Conciliation Service (2002 settlement rate of 80%)

  • Advisory, Development & Research Service (ADRS)

    - Rights Commissioner Service


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Conciliation Service 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.

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 can’t resolve  Labour Court


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Advisory, Development & Research Service (ADRS) 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.

Works with employers & employees to build & maintain good relationships in the workplace.

  • Diagnostic Survey

  • Joint Working Party

  • Preventative Facilitation

  • Voluntary Dispute Resolution (non union)


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Rights Commissioner Service 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.

Investigate & recommend on disputes involving idustrial relations/employment rights legislation.

  • RC’s are independent of LRC

  • LRC provides admin back-up & facilitation


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LRC Functions 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.

  • 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.


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LRC 2002 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.

  • Conciliation – 1,693 referrals

  • Employment Rights – 5,695 hearings

  • Advisory, development & research

    - diagnostic audit (22)

    - JWP with frequent user (5)

    - preventative facilitation (16)


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Resources 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.

  • 40 civil servants

  • + 6 Rights Commissioners

  • Seven-member board (employers, TU’s and independents)

  • CEO – Kieran Mulvey

  • Annual Budget = €250million


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Commission’s Core Values 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.

  • Flexible & responsive to clients

  • Quick & full response

  • Transperent & accountable

  • Professional

  • Independent & impartial

  • Confidential

  • Positive environment for staff


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LRC Advisory Service 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.

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)


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Management Views 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.

- 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.


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Employee Views 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.

- 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.


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Employment Appeals Tribunal 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.

Established under Redundancy

Payments Act 1967 to:

….adjudicate in disputes regarding redundancy and to administer system of compensation.


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EAT Process 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.

... 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


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