To Follow an Asian Tiger or an American Eagle ? Comparative Analysis of Trade Union Recognition in Ireland, Singapore and the United States of America
| Author | Robert Kearns |
| Position | LLB (Dub), LLM (LSE). The author wishes to thank Prof Gerry Whyte and Kevin Bell for their helpful comments and suggestions. Any errors or omissions remain the responsibility of the author. This essay was short-listed in the Law category of the Undergraduate Awards of Ireland & Northern Ireland 2010 |
| Pages | 56-68 |
[2011] COLR
56
TO FOLLOW AN ASIAN TIGER OR AN AMERICAN EAGLE –
COMPARATIVE ANALYSIS OF TRADE UNION RECOGNITION IN
IRELAND, SINGAPORE AND THE UNITED STATES OF AMERICA
Robert Kearns*
A INTRODUCTION
This essay aims to explore the differences between Ireland, Singapore and the United States of
America, regarding their policy on union recognition. It is hoped that the major characteristics of
each system are suitably demonstrated and the three jurisdictions are analysed individually and
collectively. Finally, a conclusion will be made regarding Ireland‘s system and possible reform.
B RECOGNITION OF TRADE UNIONS IN IRELAND
One of the earliest judgments considering trade union recognition was that of Walsh J in EI
Company v Kennedy
1
where the learned judge stated ‗[i]n law an employer is not obliged to meet
anybody as the representative of his worker.‘
2
Similarly, in Abbott & Whelan v ITGWU &
Southern Health Board,
3
McWilliam J stated ‗[t]here is no duty placed on any employer to
negotiate with any particular citizen or body of citizens.‘
4
This principle was further demonstrated in Dublin Colleges ASA v City of Dublin VEC,
5
where the court again rejected the plaintiff‘s claim of union recognition,
6
while in Association of
General Medical Practitioners v Minister for Health,
7
O‘Hanlon J held that there was no
obligation either at common law or on a constitutional level, for an employer to consult with any
organisation representing his employees. O‘Hanlon J went on to state that the employer is ‗free
to give a right of audience to one representative body and refuse it to another, if he chooses to do
so.‘
8
The case of Becton Dickinson v Lee
9
is also instructive. In the High Court, McLoughlin J
noted that a ‗recognition dispute‘ could not be classified as a trade dispute and that this was
* LLB (Dub), LLM (LSE). The author wishes to thank Prof Gerry Whyte and Kevin Bell for their helpful comments
and suggestions. Any errors or omissions remain the responsibility of the author. This essa y was short-listed in the
Law category of the Undergraduate Awards of Ireland & Northern Ireland 2010.
1
2
ibid 89.
3
(High Court of Ireland, 2 December 1980); (1982) 1 JISLL 56.
4
ibid 7; also, in Inspector of Taxes Association v Minister Pub lic Services [1986] ILRM 296, Murphy J agreed with
McWilliam J. The Supreme Court also affirmed Murphy J‘s decision.
5
(High Court of Ireland, 31 July 1981).
6
ibid 5.
7
8
ibid 391.
9
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