Industrial Relations Flashcards

1
Q

Ways of industrial action

A

1 official strike
2 work to rule nurse not answering phones
3 overtime ban

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2
Q

what is industrial relations

A

refers to the relationship between employees and employers

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3
Q

causes of industrial relations conflicts

A

low pay
poor working conditions
redundancies
promotions

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4
Q

4 pay claims

A

1 Comparability claims
2 Relativity claims
3 Productivity claims
4 Cost of living claim

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5
Q

1 comparability clam

A

ask for pay rise because others doing something similar got one
EG in 2016 when Luas drivers got pay rise bus drivers asked for similar one

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6
Q

2 Relativity claims

A

sometime pay of a certain employee is liked to the pay of other employees
EG if the Garda got a pay rise teachers can ask for one

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7
Q

3 Productivity claims

A

to compensate working harder

or changes introduced by the employer

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8
Q

4 Cost of living claim

A

employees ask for pay rise because they cannot afford to live on there wages
because the price of goods are increasing (inflation)

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9
Q

non legislative methods of solving industrial relations conflict

A

1 negotiation
2 conciliation
3 arbitration

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10
Q

1 negotiation

A

try to reach mutually acceptable solutions
direct negotiations between employees and employers
employees may be represented by their trade union and employers by management
if both sides agree its called a collective agreement but is not legally binding

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11
Q

functions of a shop steward

A

1 recruit new members
2 represent employees in negotiations with managers
3 Keep managers up to date with information from head union office
4 inform union head office of members concerns
5elcted bymbers

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12
Q

definition of a trade union

A

an interest groUp tat represent employees views and interest
members pay annual subscription
EG SIPTU

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13
Q

benefits of a trade union

A

union fight to get better pay and working conditions
they have professional negotiators
if employee has a dispute union will take up her case
fight to protect members interests
unions will publicize cause in a dispute

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14
Q

ICTU

A

Irish Congress of Trade Unions

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15
Q

purpose of ICTU

A

interest group that represents all trade unions

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16
Q

what do the ICTU do

A

1 give permission for all out strikes
2 settle disputes between unions
3 Provide training to unions
4 promote cause of the trade union movement

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17
Q

when can conciliation and arbitration be carried out

A

only when direct negotiation between employer and employee has failed

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18
Q

conciliation

A

both parties ask a neutral independent outsider (conciliator) to help them solve
acts as a facilitator offer advice and guidance
has no power

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19
Q

arbitration

A

both parties ask a neutral independent outsider (arbitrator) to investigate and make a ruling
tells them how to solve the dispute
both sides agree if they will accept the ruling of the arbitrator beforehand
if they agree they have to obey the ruling

20
Q

legislative ways of resolving conflict

A
1 trade dispute
2 secret ballot and weeks notice
3 primary picketing
4 secondary picketing
5 immunity
21
Q

law/act for resolving industrial conflicts

A

industrial act 1990

22
Q

legitimate pay disputes

A
pay and working conditions
dismissal or suspension of employee
employer refuses to recognize trade union
discrimination
duties required of employees
23
Q

illegal trade disputes

A

disputes over a closed shop
political issues
how the company should be run

24
Q

what is a closed shop

A

where the employer will only talk to one union

25
Q

what must be carried out for employees to go on strike

A

a secret ballot must be carried out
employers must be given a weeks notice before
the reason for a secret ballot is so employees cannot be intimidated

26
Q

two types of picketing

A

primary picketing

secondary picketing

27
Q

what is primary picketing

A

picketing peacefully outside the premises
there aim is to draw attention to their cause and discourage customers
must be peaceful with no intimidation

28
Q

what is secondary picketing

A

picketing outside another employers premises
as they are helping your employer beat the strike
eg if tesco give dunnes staff during the strike

29
Q

what is immunity in industrial relations

A

employees can not be sued by there boss for dames(loss profit)
the Garda cannot intervene if the protest is legitimate and peaceful

30
Q

WRC

A

work relations commision

31
Q

what is the WRC

A

set up in 2015 by he government
to help maintain and improve good workplace relations
and solve industrial diputes

32
Q

functions of WRC

A

1 provides conciliation service (free service)
2 provides advisory service to help develop good relations
3 draw up code of practice used by empolyees/ers
4 provides adjudication service
5 provides mediation service

33
Q

what is the labour court

A

a service for solving industrial disputes by law
issues a recommendation
last resort
everything else must of failed

34
Q

functions of labour court

A
investigates industrial disputes
hears appeals against decisions made by the adjudication office
interprets the WRC code of practice
registers all collective agreements
establishes JLC
35
Q

JLC

A

Joint labour committees

36
Q

purpose of JLC

A

consist of representatives that work in a certain sector
they meet and discuss terms and conditions that apply to a sector
there pay and conditions are legally binding
agriculture sector

37
Q

what act protects employees from unfair sacking

A

unfair dissmissal act 1977/2007

38
Q

terms of the unfair dismissal act

A

states every sacking is unfair and employee must prove its fair
only applies to person with more than 1 year continuous service except pregnancy paternity leave, trade union membership
does not apply to under16 or older than retiring age

39
Q

reasons for fair dismissal

A

1incapable of doing job (late not at work)
2not qualified (lied on cv)
3incompetent (fails to meet standards)
4misconduct (drunk, stealing)
Redundancies (jobs not there anymore or cannot afford to pay you)

40
Q

reasons for unfair dismissal

A
1 pregnancy
2 union activities
3 beliefs
4 race
5 age
6 suing boss
7 traveler
8 sexuality
41
Q

procedures an employee must follow before dismissing an employee

A
1 counselling (given coaching and support abut informed of consequences if they don improve)
2 formal verbal warning (must be informed of the evidence and must be given the chance to respond
3 written warning (send formal letter to them and there representatives eg union
4 employees right appeal (has the right to be represented at a hearing
42
Q

redress for unfair dismissal

A

1 reinstatement -treated as if never been sacked receive back pay and any improvements in pay eg rise
2 re-engagement (given job back from date of case won not entitled to back pay used when employee contributed to dismissal
3 Compensation - up to 2 years only for the financial loss not for stress or injury

43
Q

what is a constructive dismissal

A

is when an employee resigns from a job due to employers conduct towards him
eg is treated so badly he cannot take it and resigns
which is illegal
but up to employee to prove the case

44
Q

what act protects you from discrimination

A

employment equality act 1998-2015

45
Q

what 9 grounds is discrimination forbidden

A
1 gender
2 civil status
3 family status
4 age
5 disability 
6 race 
7 sexuality
8 religious beliefs 
9 travelers
46
Q

4 types of discrimination

A

1 direct discrimination
2 indirect discrimination
discrimination by association
discrimination by imputation

47
Q

indirect discrimination

A

eg height requirements for job could affect women