Arthur Morgan (Louth, Sinn Fein)

I move amendment No. 18:

In page 7, to delete lines 16 and 17 and substitute the following:

"6.—(1) "Employees' representative" means such trade unions as are, representative of the employees or where there is no such trade union, such persons that are directly elected by the employees in the undertaking.".

This amendment deals with the definition of "employees' representative", which means such trade unions as are representative of the employees or, where there is no such trade union, such persons who are directly elected by the employees in the undertaking. The provision for directly elected persons was dealt with in an earlier contribution. The definition, as proposed, is more in line with the definition of employees' representative in other legislation governing employment protection.

Section 6(2) allows for "the election or appointment of one or more than one employees' representative". My amendment No. 19, however, provides for the election of the employees' representative, which is clearly much more democratic. It would ensure that employers cannot simply appoint somebody whom they control.

Trade unions should be capable of nominating people for election to those positions once they have members in the undertaking, whether or not trade unions are recognised by the employer for collective bargaining purposes. Amendment No. 20 seeks to insert that provision.

Amendment No. 21 deals with elected employee representatives having a fixed term of no longer than three years, after which they must seek a fresh mandate. We would all agree that elections at frequent intervals keep us on our toes and ensure that we do not become too stale.

Amendment No. 22 provides for trade unions to be able to refer matters of dispute, under subsection (5), to the Labour Court for determination. That provision has been established somewhat in one of the earlier comments by the Minister of State but I would like to hear his view on that matter nonetheless.

Amendment No. 23 would give the court power to order fresh elections where a complaint has been made. I suppose it would be the employees' version of the High Court referring it across. I would like to hear the views of the Minister of State on these amendments.

See this speech in context