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| INDUSTRIAL RELATIONS |

The Critical Link – Industrial Relations

Supporting Operational Output

RACO General Secretary, Lieutenant Colonel Earnán Naughton, provides some context on
how the current situation has evolved and how it may be possible to move forward.

epresentation was established by Government in
1991 with the formation of Defence Forces Repre-
Rsentative Associations- RACO and PDFORRA. The
legislative amendment to the Defence Act 1954 provided
for representation in the form of a Conciliation & Arbitra-
tion Scheme with the introduction of DFR S6. In 2009, as
part of the Public Service Social Partnership Programme,
a parallel process for pay talk negotiations was also intro-
duced. This was designed in principle to provide a paral-
lel negotiation forum, equivalent in nature to the Unions
affiliated to ICTU, and for the Garda and Defence Force
Representative Associations.
In the period of Social Partnership, Government secured
a number of National Pay Deals with both Irish Council
of Trade Unions (ICTU) and Representative Associations
(Gardaí and Defence Forces). In recent years members con-
tend that RACO has been marginalised in the National Pay
Talks Process, and combined with an inadequate and out- Minister for Public Expenditure and Reform, Mr Paschal
dated Sectoral Conciliation & Arbitration Schemes, this has Donohue TD
now resulted in significant frustration and dissatisfaction. two weeks after negotiations concluded. The Chairman’s
Government’s approach to the most recent pay talks saw notes identified a range of side deals made between Gov-
the Representative Associations and unions in the same ernment Department of Public Expenditure and Reform
room for central discussions. This approach, while ostensi- (DPER) and unions affiliated to ICTU. These deals, in addi-
bly positive, failed to take any cognisance of RACO’s iden- tion to a range of deals secured by those unions/associa-
tified concerns with the final outcome of the proposed pay tions who either took industrial action, threatened industrial
agreement largely shaped by the main Trade Union stake- action or whose sectoral management negotiated added
holders. In addition, the main deal was accompanied by benefits to accept the Lansdowne Road Agreement, has
a range of “side deals” to the benefit of the larger unions. unquestionably secured greater pay advantages relative
Since 2015, “side deal” agreements between Govern- to those serving and represented by the Defence Forces
ment and the Public Service Unions, in addition to the re- Representative Associations.
cent Garda Anomaly Talks deal between Government and In November 2016, Public Service unions insisted on
the PSC of ICTU, indisputably confirms the marginalisation early negotiations to accelerate public service pay restora-
of the Defence Force Representative Associations. RACO tion after the Government accepted Labour Court recom-
has continually expressed dissatisfaction with this margin- mendations that gave Gardaí better terms than those set
alisation which is further reinforced by a defence sector out in the LRA. The Government agreed that the Workplace
management that fails to engage and support equivalent Relations Commission (WRC) Garda settlement went be-
treatment of claims on behalf of Defence Force personnel. yond the terms of the LRA and agreed to talks. Those ne-
It would appear that a new model of social partnership as gotiations between the officers of the ICTU Public Services
emerged providing clear advantage for some…. but not Committee (PSC) and officials in the Department of Pub-
for all. Where military personnel forego “normal employ- lic Expenditure and Reform (DPER) began in December
ee rights” such as Trade Union Membership, affiliation to 2016 and concluded in mid-January 2017. The agreement
ICTU and the right to conduct any form of industrial ac- reached received Cabinet approval on 17th January 2017.
tion, the classification and marginalisation as “Representa- RACO were excluded from these discussions.
tive Body” has, without question, placed our members in DPER’s approach to RACO, in this instance, was in di-
a 2nd Division. rect contradiction of Minister Donoghue’s statement of
The 2015 Lansdowne Road Agreement negotiations saw January 17th 2017, where he stated that “under the first
the publication of Chairman’s Notes, which were released phase, parties to the Lansdowne Agreement were invited

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