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| INDUSTRIAL RELATIONS |

to discussions under Section 6 (oversight and governance
arrangements) of the Agreement. The exclusion of RACO An Taoiseach
and Minister for
reinforces to our members the marginalisation of the De- Defence, Leo
fence Forces Representative Associations in National Level Varadkar TD.
Pay Talks reinforcing the obvious inadequacy of the “rep-
resentative status”.
In the 2017 pay talks, the Representative Associations
were unable to secure comparable negotiation status in
pursuit of claims equivalent in nature and quantum to “side
deals” negotiated between Government and the unions af-
filiated to ICTU. The response by DPER and the Depart-
ment of Defence to the Defence Force Associations was a
continual reinforcement that “no side deals” would be en-
tered into as part of the pay talks. In direct contrast to this
approach was the post-talks statement by the Chair of the
WRC who confirmed to RTE that “side deals” are a regular
and accepted feature of such pay talks. RACO members
noted the forums through which these additional “financial
commitments” were secured for the Public Service Unions. “In putting the needs of the Nation, the Army and others
Members also noted that our Defence Force Conciliation before their own, they forego some of the rights enjoyed
& Arbitration (C&A) Scheme denies our members access by those outside the Armed Forces. So, at the very least,
to these forums i.e. Labour Court or Workplace Relations British soldiers should always expect the Nation and their
Commission. The result of this continued two tier indus- commanders to treat them fairly, to value and respect
trial relations structure unquestionably disadvantages our them as individuals, and to sustain and reward them and
members. their families.”
What should be factored in any consideration of Public Ministry of Defence and UK Veterans
Service Industrial relations is that those serving in the De-
fence Forces forfeit “normal employee status” while sub- Representative Status of Defence
ject to the following conditions of service; Forces Associations
• Subject to Military Law 24/7/365 There are varying opinions on the status of Representa-
• Provisions of EU WTD Denied tive Associations, both from a political and legal perspec-
• Obligation for Duty 24/7/365 – Home and Overseas tive. In 2014, the Council of European Committee of Social
• Posting “by order” anywhere/anytime/any duration rights upheld a complaint by the Association of Garda Ser-
• Mandatory Early Retirement – 54 for Captain and 58 geants and Inspectors (AGSI) over the Government ban
for Comdt on trade union action. The prohibition on strike action by
• Military Standard Medical & Fitness Annual Testing Gardaí was found to violate international agreement signed
• Membership of Trade Union “prohibited” by the Government. ICTU welcomed the decision stating
• Affiliation to ICTU “prohibited” that “there is a common misunderstanding that interna-
• Industrial Action “prohibited” tional law requires countries to prohibit their police forces
from taking part in trade union action”. Similar legislative
In return for accepting these conditions of service, De- provisions exist for Garda and Defence Forces Represent-
fence Management’s obligation to military personnel, in ative Associations.
recognition of service restrictions and IR limitations, should In 2015, PDFORRA (Permanent Defence Forces Other
be to advocate on behalf of and ensure that Defence Force Ranks’ Representative Association) also lodged a case
personnel are not disadvantaged in the Industrial Relations under the European Social Charter because of its position
arena. that their Members are effectively excluded from national
Where our members accept the limitations of our IR Sta- wage negotiations as the Association was not recognised
tus inherent in Military Service, what our members do not as being a member of the Irish Congress of Trade Unions
accept is a management that is taking advantage of our (ICTU), essentially placing their 7,000 members at a dis-
2nd division status. advantage and it was time to right that wrong. PDFORRA
In stark contrast to the Irish Government’s approach, the also stated that if union recognition was forthcoming under
UK Government demonstrate their recognition for those the European Committee of Social Rights Charter, it would
members of the Armed Forces who forego normal employ- give soldiers, sailors, and air personnel the right to strike,
ee rights. The UK Government commit, in law, to a Mili- but cautioned that there “was no appetite for that”.
tary Covenant declaring their intent to ensure that those In 2016, the Garda Associations secured access to both
“in service” and their families will not be disadvantaged. the Labour Court and WRC in a Government response to

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