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LC Bus Ind. Rel.
LC Unit 1,ch 3: Industrial Relations Conflict
| Question | Answer |
|---|---|
| Industrial Relations | Refers to the relationship that exists between employers and employees in a particular workplace |
| Trade Union | Is an organisation of workers whose main objectives are to protect the jobs of their members and improve their pay and conditions |
| Shop Steward | Is the person elected by the trade union members to represent them in the workplace |
| ICTU | Irish Congress of Trade Unions – the governing body for trade unions in Ireland. Gives advice, helps resolve disputes and improve pay & conditions Demarcation dispute |
| Demarcation dispute | A worker being asked to do the work of another worker. Pilot asked to clean the plane after landing |
| Official Strike | Dispute that has the support of the ICTU. Secret ballot taken place, majority in favour and employer given one week’s notice |
| Unofficial Strike | Workers decide to go on strike without agreement of their Trade Union or the ICTU. No vote, no notice |
| Sympathetic Strike | Workers have no problem with their employer but go on strike to support their colleagues who do have a problem |
| Wildcat/lightening Strike | The workers suddenly call a strike and walk out of work without holding a vote or giving any notice to the employer – unofficial strikes |
| Work to rule | Also known as a “Go Slow”. Workers come to work as normal but go at a slow pace so as to put pressure on employers to give into their demands. |
| Grievance procedure | A series of agreed steps to be followed by employers and employees to resolve disputes that might arise between them |
| Workplace relations commission (WRC) | A state agency set up to help prevent and solve industrial disputes. The main services of the WRC are conciliation, Rights Commissioners and advice to employers and trade unions. |
| Conciliation | Is the process of bringing two sides of a dispute together to discuss the problem and try to reach a solution that they both accept |
| The Labour Court | A state agency which investigates industrial disputes and issues recommendations to resolve them. The main work of the LC consists of arbitration of disputes the WRC failed to resolve or hearing appeals from the decisions of Rights Commissioners. |
| Arbitration | Is where an independent person, e.g. the Labour Court, listens to both sides of a dispute and makes a decision about how the dispute should be solved |
| Equality Officer | Investigates complaints of discrimination and whose decision is binding, but may be appealed. |
| Rights Commissioner | Employed by the Labour Relations Commission, who investigates disputes involving one employee or a small number of employees, and issues a recommendation to resolve the dispute |
| Employment Appeals Tribunal | A State agency which attempts to resolve industrial relations disputes. It hears appeals against decisions of Rights Commissioners in relation to cases of unfair dismissal. Its decision is final. |
| Unfair dismissal | Cannot dismiss someone because of political, religious beliefs, being pregnant, race or colour or being a member of a trade union |
| Fair dismissal | Can dismiss someone for bad behaviour, being unqualified to do the job, no work for them – redundant.Equality |
| Equality | All employees, both male & female, must be treated equally in the workplace |
| Discrimination | One person being treated less favourably than another person |
| IBEC | An organisation that represents the employers and gives them advice & information. Represents employers at LRC & LC, lobbies government on behalf of employers. |
| Outline the role of the Labour Court in dealing with Irish industrial relations disputes. | 1. Investigates disputes 2. Interprets codes of practice, investigates breaches of codes, makes decisions(binding). 3.Hears appeals from decisions by Industrial Relations Officers/Rights Commissioners. 4. Sets up Joint Labour Committees |
| If an employee wins a case for unfair dismissal under the Unfair Dismissal Act 1977/93 what are they entitled to? | If an employee wins a case for unfair dismissal, they are entitled to: Reinstatement (given old job back, full back pay given), Re-engagement (given same type of job/new location, no back payment given), compensation (paid for financial loss). |
| Under the The Unfair Dismissals Act 1977/93 what is considered an unfair dismissal and what is considered fair dismissal. | Unfair: Pregnancy / Race / Membership of Travelling community / Member of Trade Union / Sexual orientation / Political or religious beliefs . Fair dismissal: worker misconduct / Incapable / Incompetent / Unqualified / Redundancy. |
| The Unfair Dismissals Act 1977/93 | This law protects workers from being unfairly dismissed for unfair reasons. The act covers employees aged 16 - 65 who work over 8 hours a week for a period of more than one year. The burden of proof is on the employer to show that the dismissal was fair. |
| There are three main acts (legislation) with regards to Industrial Relations: | The Unfair Dismissals Act 1977/93: The Employment Equality Act 1998: The Industrial Relations Act 1990. |
| Procedures an employer should follow before dismissing an employee: | 1. Counselling. 2. Formal verbal warning. 3. Written warnings (a copy should be sent to the shop steward). The employee has the right to be represented at a hearing. |
| Constructive dismissal | When an employee resigns from his job because of the employers conduct towards him. He makes life so miserable the employee has no other choice. This is illegal. The employee can takes case to rights commissioner. The employee has burden of proof. |
| Industrial Relations Act 1990 | Sets out what a legitimate trade dispute is (pay, working condition, union member). Secret Ballot/one weeks notice. Primary picketing. Secondary Picketing. Protects strikers (arrest/being sued/stopped ). Established the LRC (now the WRC |
| Functions of LRC (now Workforce Relations Commission) | Conciliation service / Advisory Service / Codes of Practice / Research / Rights commissioners (investigates disputes involving single or small groups of employees dealing with unfair dismissal, suspension etc.) |
| The Employment Equality Act 1998 | Protects employees a(Full, part-time, job applicants) against discrimination in workplace. Enforced by the equality authority: Gender, Marital Status, Sexual orientation, Religious belief, Age, Disability, Race, Family Status, Travelling Community. |
| The Employment Appeals Tribunal (EAT) | Resolves disputes under a number of industrial relations. It hears appeals against the Rights Commissioner. Consists of a representatives workers, employers and an independent chairperson. Most decisions by EAT are final. |
| Director of Equality Tribunal | Set up under the employment equality act 1998. Investigates cases of discrimination. 6 months to report. If not serious mediation officer informally solves. If serious director refers to equality offer, investigates formally. Decision final. |
| The results of having good industrial relations. | Employee morale is increased and their commitment to the business is strengthened. Employee productivity increases. Less absenteeism and employee turnover. Employee empowerment/involvement. Good reputation for business and less strikes. |
| Reasons for bad industrial relations: | Pay (underpaid in relation to cost of living, similar occupations, increased workload). Working conditions. Discrimination. Redundancies. Promotion. Poor management decisions or policy. |
| Types of pay claims | Comparability claim (other employees doing similar work get a pay rise). Relativity claim (pay is related to other employees in different jobs, e.g. TD's and civil servants). Productivity claim (do to change or increased workload). Cost of Living claim. |
| Types of industrial action | Official strike (legal strike ordered from union). Unofficial strike (illegal strike without the backing of union). Work to Rule (only doing what is their contract). Overtime ban. |
| Functions of a Trade Union | Pay and working conditions. Disputes. National Pay Agreements. Protects members interest. |
| Non-Legislative methods of solving conflict (industrial disputes) | Negotiation (trying to reach a mutually acceptable agreement). The employer may be represented by management and the employee by the shop steward. Both sides agree which is known as a collective agreement. |
| Benefits of union membership to employees. | More power than individual. Skilled negotiators. Keep their members informed. Help stop unfair dismissals. Improve safety. Help prevent discrimination. Provide other services |
Created by:
MrFromholz
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