Glass company claims picketing of its premises is unlawful

A glass processing company has brought a High Court action over what it claims is the unlawful picketing of its premises by members of the trade union Unite.

The action has been brought Carey Glass which claims that the trade union and its members have twice this month conducted unlawful pickets outside its premises at Nenagh, Co Tipperary.

Carey Glass claims that the protest arises out of what it accepts is a valid trade dispute between the union and a glass-making company in Lurgan, Co Armagh, called Vista Therm Ltd.

Carey Glass says while Vista Therm and it have the same parent company, they are separate legal entities and are located in different jurisdictions.

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Carey Glass says that none of its own workers are members of Unite.

Carey Glass also claims that Unite had informed it that it would not protest at or picket at its facility in Nenagh.

Despite that assurance by the union, Carey Glass claims that approximately 20 people, some with Unite the Union banners, conducted protests outside its premises on August 16th and the 25th last.

Carey Glass says that Unite has “no legitimate dispute with it”, but fears that the union will conduct further protests in and around its premises.

In proceedings before the High Court Carey Glass Unlimited Company and the related Carey Glass Holdings Unlimited Company have sued Unite the Union.

As part of that action, they seek an injunction restraining the defendant and its members from picketing outside Carey Glass’s manufacturing premises.

The matter came before Ms Justice Siobhán Phelan during Tuesday’s vacation sitting of the High Court.

Mark Connaughton SC, for the plaintiffs, told the court that it was with “great reluctance” that his clients had come to court seeking the orders against Unite.

He said that despite telling his client that it would not picket outside the Nenagh premises, members of the union had held protests near the premises on two occasions and his clients have an apprehension that another protest could occur at any time.

Counsel said that the union had called on Carey Glass’s chief executive Jim Carey to intervene in the dispute with the Northern-Irish-based company.

Mr Carey, counsel said, is unable to do so as it is a matter for those involved with Vista Therm.

Counsel added that during the protests the leaflets had been handed out by the union calling on his clients “customers and suppliers to intervene” in the dispute at Therm.

Such protests, which he said are unlawful and do not enjoy the protections given in the 1990 Industrial Relations Acts were damaging his client’s business, counsel said.

Counsel said Carey Glass was seeking a temporary injunction against the union, restraining it from picketing outside the Tipperary premises.

However, the plaintiffs were also prepared to accept a court order granting Carey Glass permission to serve short notice of its proceedings against the union, counsel said.

Counsel added that the matter could be resolved by the union “at the drop of a hat” by giving his clients an undertaking not to picket outside its manufacturing facility.

The union had declined to do so, counsel added.

The judge said that she was not prepared to grant an injunction on an ex parte basis, however the court was satisfied to grant the plaintiffs permission to serve notice of its proceedings on Unite.

The judge made the matter returnable to a date next week.