Joe Higgins (Dublin West, Socialist Party)
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Question 109: To ask the Minister for Enterprise, Trade and Innovation the steps he will take to assist a group of workers at a factory (details supplied) who are being denied the right to join a trade union. [12916/11]

Richard Bruton (Dublin North Central, Fine Gael)
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I understand that the dispute in question relates to the issue of recognition of a trade union by an employer for collective bargaining purposes, rather than the right of the workers to join a trade union. It appears, moreover, that the matter in dispute relates to the recognition by an employer of a trade union seeking to represent workers located on one of two sites operated by the employer, in circumstances where the employer already recognizes another trade union for the purpose of collective bargaining on the other site.

While Article 40 of the Irish Constitution guarantees the right of citizens to form associations and unions, the question of recognising a body of workers (trade union or staff association) for the purposes of negotiating pay and other conditions of employment is a matter solely for the employer under Irish law.

I am aware that the dispute in question was referred by a particular union to the Labour Court, which recommended that the company recognise the applicant trade union for collective bargaining and industrial relations purposes in respect of its members at one of the two sites. The Court further recommended that, should any inter union issues arise with any other trade union in respect of negotiating rights in the overall employment, which covers more than one site, the special internal procedures of the Irish Congress of Trade Unions should be utilised to resolve such issues. While the trade union that had referred the complaint agreed to be bound by the Labour Court recommendation, there is no obligation on the employer to accept the Court's recommendation.

Ireland's system of industrial relations is, essentially, voluntary in nature and responsibility for the resolution of industrial disputes is a matter for the parties involved. The system of industrial relations in Ireland is designed to help and support parties in their efforts to resolve their differences, rather than imposing a solution on the parties to an industrial dispute. Responsibility for the settlement of this dispute rests, ultimately, with the parties themselves. The obligation lies with the parties to seek to resolve their differences and to carry their efforts through to completion.