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Old 22nd Sep 2008, 22:04
  #16 (permalink)  
CaptKremin
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- how do you manage to connect "making it illegal to intimidate or punish employees wishing to set up a union" with "From next March O'Leary will find himself faced with recognising IALPA or spending time in Mountjoy Jail"?
How? Can't you figure it out for yourself smartarse?
O'Leary has been faced with imprisonment before - didn't you know? There are pictures in the public domain of a very worried looking Ducksy arriving at the Four Courts in Dublin with his overnight bag.
It was that close.
Contempt of Court is one way to get yourself thrown in the clink double-quick, and since O'Leary has contempt for EVERYONE he is inevitably doomed to repeating his contempt.

Where does it say that MOL has to recognise any union, even if he can be slapped for trying to intimidate or punish his employees who are in one?
Extract from the new National Wage Agreement:

(4) Collective Bargaining:

The Government will enact legislation, in June of 2009, to enable the mechanisms which were established in the “2004 Act” to operate as originally intended prior to the Supreme Court decision in the Ryanair case. (and if that ain't a hint - you're a cretin) This will be preceded by a review process which will consider the legal and other steps involved. This will be concluded by the end of March 2009.


Here is the 2004 Act:

http://www.entemp.ie/publications/em...iscprivact.pdf

I draw your attention to S.8, Industrial Relations Act 2004, Miscellaneous Provisions. This is the section of the Act which the new agreement will affect. The intent is merely to rectify the flaws in the original to make it fully binding - and to prevent worms like O'Leary wriggling out.

Any decision to make union recognition compulsory has been fobbed off to a review process in 2009, despite it being a SIPTU "deal breaker" in the talks process.
You have your wires crossed old pal. You're referring to a different element of the agreement, and 2009 is just 3 months away.
My, how time flies!

(5) Anti-Victimisation Legislation:

Legislation to prohibit victimisation, including dismissal and incentivisation, and to provide effective protection and means of redress to employees when engaged in the proper and legitimate exercise of their rights to trade union membership or activity on behalf of a trade union, or non-membership, or a manager discharging his or her managerial functions, will be brought forward with a view to its enactment by March 2009.

That seems clear enough to me!

I find it hard to believe that union recognition will soon be on the way given that the lack of collective bargaining of his work force is a supporting pillar of his business plan.
Heck - what's he gonna do now? Now that that 'pillar' is about to be kicked away.

....the courts some time back ruled that the corollary to the right to assemble/associate was the right to not assemble/associate ....you can't have a law to force you to turn up and vote in Ireland, nor can you force people to become a member of a union (????)
Where do you get this idea about anyone being forced to JOIN a union?
The only force being used is by O'Leary.
When the union gets up and running in FR - no force will be necessary to find recruits. They'll come running. Especially after the slashing O'Leary is preparing for this winter.

...... nor can you force an organisation to deal with a union.
So, in your unqualified opinion - the 2004 Act is unconstitutional, and all the preparatory work done by the AG, the Government, The Unions, IBEC and their respective legal advisors - is also wrong. Because you know better.

Well, good luck making that one stick.

Last edited by CaptKremin; 22nd Sep 2008 at 22:19.