The right of unions to engage in collective bargaining with employers will only come about through Europe, the leaders of Ireland’s two largest trade union organisations have said.
The Alliance for Europe’s Trade Union Campaign Group, which includes several former and current leaders of the Irish Congress of Trade Unions and Siptu, said the Lisbon Treaty will make the right to take collective action and to bargain collectively with employers, a European-wide right for the first time.
In a joint statement calling for a Yes vote, the union leaders said: "Trade unions in Ireland are currently fighting for a legal right to collective bargaining and have met strong resistance from employers, Government and a Supreme Court that has taken an extremely narrow interpretation of workers representational rights.”
They said the Charter of Fundamental Rights, which will be enshrined in law by the treaty’s ratification, guaranteed the right to collective bargaining when EU law is being implemented.
“This is a big advance on the current situation though it does not automatically guarantee it will apply in domestic law,” they claimed.
The group, which included the current Ictu general secretary David Begg and former Siptu president Des Geraghty, said it had obtained legal advice that the Supreme Court could not ignore the dharter and in practice where there is an overlap between EU law and domestic law European law takes precedence since we joined in 1973.
“One thing is clear, a fully fledged trade union right to collective bargaining can only come about through Europe,” it said.
Last week Siptu, the State's largest union, said its support for the treaty would depend on whether the Government agreed to introduce legal measures giving unions the right to engage in collective bargaining with employers.
The Irish Congress of Trade Unions, however, has voted to support the treaty.
Speaking under the umbrella of the Alliance for Europe today, union leaders said the European Union has been of enormous benefit to Irish workers.
“All of the social legislation which has improved working conditions for Irish workers including: equal pay, better holidays, health and safety in the workplace, limits on working time, parental leave and anti-discrimination provisions all came from Europe,” the statement said.
“The Lisbon Treaty is a significant advancement for workers because it contains new social values which improves workers rights and gives an increased role to the European Parliament which has traditionally been a pro worker parliament and most importantly enshrines the Charter of Fundamental Rights into law.
The Trade Union Campaign Group said some union members have raised concerns about recent decisions by the European Court of Justice and their impact on workers’ rights.
“It requires the Lisbon Treaty to be passed and the Charter of Fundamental rights to become primary law so that in all circumstances it has at least equal status to the four freedoms in the Treaty. This is the position the European Trade Union Confederation has adopted,” it said.
