E.I. Company Ltd v Kennedy and Others

• Jurisdiction: Ireland
• Judgment Date: 09 April 1968
• Date: 09 April 1968
• Docket Number: [1968. No. 705 P.]
• Court: Supreme Court

(S.C.)

E.I. Company Ltd

and

Kennedy and Others

Trade dispute - Picketing - Whether prima facie evidence establishing right to picket - Whether evidence rebutted - Peaceful picketing - Trade Disputes Act, 1906, ss. 2, 5.

Some of the defendants were trade-union officials and the remainder were members of the union and employees of the plaintiff company. The local branch secretary of the union tried, from the 3rd June, 1966, to arrange a meeting between representatives of the union and of the company in order to discuss the conditions of employment of union members who were employed by the company. On the 24th July, 1967, he sought a meeting in order to discuss a claim by such members for "a reduction of their weekly working hours without loss of earnings" and on the 30th August those members asked the union for leave to serve strike notice on the company "in support of the members' claims and also because of the failure of the company to recognise the union by refusing to meet its representatives." On the 29th September the branch secretary, on behalf of such members, presented to the company six claims relating specifically to the wages and working hours of such members and on the 6th October he wrote to the company stating that a strike would take place unless the six claims were satisfied. On the 10th October the company agreed to meet officials of the union and the threat of strike action was withdrawn. The first meeting between representatives of the company and of the union took place on the 31st October and the matter of recognition by the company of the union as a negotiating body was discussed then and at subsequent meetings but no agreement was reached. However, the company and the union intended that the company's employees should vote upon the issue of union recognition but, before any voting took place, the union objected to the company's approach to the referendum and the union's branch secretary gave the company notice that such members would take strike action on the 19th March, 1968...