Industrial Relations Act, 1990, Code of Practice on Employee Representatives (Declaration) Order, 1993.

• Jurisdiction: Ireland
• Citation: IR SI 169/1993
• Year: 1993

S.I. No. 169 of 1993.

INDUSTRIAL RELATIONS ACT, 1990, CODE OF PRACTICE ON EMPLOYEE REPRESENTATIVES (DECLARATION) ORDER, 1993.

WHEREAS the Labour Relations Commission has prepared a draft code of practice on the duties and responsibilities of employee representatives and the protection and facilities to be afforded them by their employer;

AND WHEREAS the Labour Relations Commission has complied with subsection (2) of section 42 of the Industrial Relations Act, 1990 (No. 19 of 1990), and has submitted the draft code of practice to the Minister for Enterprise and Employment;

NOW THEREFORE, I, RUAIRÍ QUINN, Minister for Enterprise and Employment, in exercise of the powers conferred on me by subsection (3) of that section, hereby order as follows: 1. This Order may be cited as the Industrial Relations Act, 1990 , Code of Practice on Employee Representatives (Declaration) Order, 1993. 2. It is hereby declared that the draft code of practice set out in the Schedule to this Order shall be a code of practice for the purposes of the Industrial Relations Act, 1990 (No. 19 of 1990).

SCHEDULE

Draft Code of Practice on the Duties and Responsibilities of Employee Representatives and the Protection and Facilities to be afforded them by their Employer.

Introduction

Section 42 of the Industrial Relations Act, 1990 makes provision for the preparation of draft codes of practice by the Labour Relations Commission for submission to the Minister for Enterprise and Employment (Appendix).

The main purpose of this draft Code of Practice is to set out for the guidance of employers, employees and trade unions the duties and responsibilities of employee representatives (frequently referred to in trade union rule books and employer/trade union agreements as shop stewards) and the protection and facilities which should be afforded them in order to enable them to carry out their duties in an effective and constructive manner.

When preparing this draft Code of Practice the Commission held meetings and consultations with the Irish Congress of Trade Unions and the Irish Business and Employers Confederation. It also consulted with the Departments of Enterprise and Employment and Finance. The Commission has taken account of the views expressed by these organisations to the maximum extent possible in preparing this draft Code. It has also had regard to the procedures and practices applied in undertakings and establishments which have pursued sound industrial relations policies and to the provisions of trade union rule books.

General

1. Employee representatives, for the purpose of this draft Code, are—

( a ) employees of an undertaking or establishment who have been formally designated employee representatives for that undertaking or establishment by a trade union in accordance with the rules of that trade union and any employer/trade union agreement which relates to the appointment of such representatives in that undertaking or establishment and

( b ) who normally participate in negotiations about terms and conditions of employment for all or a section of the workforce and who are involved in the procedures for the settlement of any disputes or grievances which may arise in that undertaking or establishment.

Reference to trade unions throughout this draft Code includes reference to "excepted bodies" under the Trade Union Acts, 1871-1990. An "excepted body" is a body which may lawfully negotiate wages or other conditions of employment without holding a negotiation licence. "Excepted body" is defined in section 6 (3) of the Trade Union Act, 1941 , as amended, and includes an association all the members of which are employed by the same employer.

2. The duties and responsibilities of employee representatives and the protection and facilities to be afforded them under this draft Code are indicative of the important position and role of such representatives in our system of industrial relations and in the resolution of disputes/grievances. The manner in which employee representatives discharge their duties and responsibilities significantly affects the quality of management/labour relations in the undertaking or establishment in which they work, its...