On the 12th of March, human resources in the National Maternity Hospital issued a letter to all porters in the hospital who are members of the Independent Workers Union. The letter made a number of claims relating to the union, to membership rights of union members, to employment law and other matters.

The points below address the claims made by HR and urge all reasonably minded trade unionists, political representatives and media outlets to seriously question what is being put across here.

1. HR states that the IWU does not have any established negotiating or collective bargaining rights and that the hospital will not be engaging with the IWU. We fully recognise the right of the National Maternity Hospital to refuse to engage with our Union, but as a consequence of that refusal, HR will have to recognise that this may mean an escalation in activity which includes industrial action.

2. HR claims that under Section 14 of the 1990 Industrial Relations Act only unions in the Irish Congress of Trade Unions can take industrial action. However, any trade union with a negotiating license, such as the IWU, can ballot its members for industrial action, and if it meets the criteria set out in Section 19 of the 1990 Act, said trade union can take action.

3. HR claims that any follow up industrial action taken by the IWU will be unofficial and may lead to sanction. If the IWU fulfills all of the requirements set out in S19 of the 1990 Act, the action will be official. If any member of the IWU is penalised for taking official industrial action – we will defend them.

4. HR claims that participation in the IWU and/or industrial action may lead to exclusion from pay increases from negotiations with the government. Members who vote against pay deals and who carry no membership of any trade union receive the pay increases negotiated with the government, therefore IWU members will also receive the pay increases.

5. HR states that the hospital “recognises the right of workers to join a trade union”. If HR recognises that right, then HR should recognise the associating substantive rights that validate membership of a chosen trade union i.e the right to take industrial action, a right recently recognised in the seminal case of H.A. O’Neil Ltd v Unite the Union & ors [2024] IESC 8.

6. HR states that the IWU will not be involved in any negotiations and as a result the Union is limited in representing members. As previously identified by HR, this decision to not engage with the Union of choice for the porters of the National Maternity Hospital is a policy decision of the Hospital and as such, can also be changed by the hospital. Collective agreements with other trade unions in no certain terms demand exclusivity or exclusion of other trade unions.

7. HR claims that the IWU will not be able to represent any workers facing disciplinary process. The IWU condemns the language that is in the letter and attempts to exclude the chosen representative trade union of its members, noting that S.I 146/2000 specifically outlines a code of practice for grievance and disciplinary procedure. This code of practice allows for a worker to “avail of the right to be represented”.

8. The IWU is committed to supporting its members and will continue processing the on-going ballot for industrial action. The IWU will continue to highlight the issue of the unfair outcome of the banding process and the lack of the right of appeal on behalf of our members in the HSE.

9. The IWU and its members will not be brow beaten or boxed into a corner because of policy decisions of this hospital or any hospital in this country. We respect the right of employers not to engage with our Union, but they should respect that workers are not going to remain idle and refusal to engage carries potential consequences eg. industrial action.

10. The IWU is a licensed trade union that can conduct industrial action under the 1990 Industrial Relations Act and urges its members not to be deceived by attempts to dissuade members from doing what they feel is necessary in furtherance of their trade dispute.

The IWU is the union of choice for some workers in the NMH. We expect the NMH to respect the choice that these workers have made in respect of exercising their constitutional right to freely associate with any union of their choice.

The IWU will continue to ballot its porters in the hospital in furtherance of their dispute with the hospital.