Labour Relations Agency

The Labour Relations Agency is established under Part XI of the Industrial Relations (Northern Ireland) Order 1992. The duty of the Agency is to promote the improvement of industrial relations. It may be conferred with functions under statute.

Where the Agency apprehends that a trade dispute may occur, it may take steps, as it considers appropriate for avoiding such a trade dispute. Where the dispute exists, the Agency may inquire into the causes and circumstances; form a view of the matter in dispute; express, either publicly or to the parties, the view it has formed; assist the parties in achieving a settlement by conciliation or otherwise.

At any time, with the agreement of the parties, it may refer the matter for settlement to the arbitration of persons appointed by the Agency; or the Industrial Court. At any time, with the agreement of the parties, it may refer to one or more persons appointed to inquire into the matter and report to the Agency.

If the Agency is satisfied there is no agreed procedure for recognition or settlement of disputes between the parties, it may, with the agreement of the parties, refer the dispute to a committee to be established to inquire into the causes and circumstances and seek agreement. The committee is to consist of a chairman appointed by the Agency; and representatives equal in number to the parties to the dispute as the Agency determines.

The Agency is to have regard in the exercise of its functions to the desirability of encouraging parties to a dispute to use any appropriate agreed procedures for recognition and settlement of disputes.

The Agency shall consider the likelihood of the dispute being settled by conciliation. Where there are agreed procedures for negotiation or settlement, it shall not refer the matter for settlement through arbitration above unless those procedures have been exhausted. Unless there is a special reason which justifies arbitration as an alternative to those procedures.

The Agency is to maintain a register of persons with knowledge and experience which may seem suitable for appointment as arbitrators by the Agency.

The Agency may require information for the purpose of settling disputes as to recognition of a trade union. Parties to a recognition dispute may jointly request the Agency or a person nominated to hold a ballot or ascertain the union membership involved in the dispute. The Agency may require parties to the recognition dispute to supply information concerning employees involved and to do so within the period specified. The recipient of the notice is obliged to supply the Agency with the specified information that he holds.

The Agency may prepare a scheme for arbitration in the case of disputes that would be the subject of proceedings before an industrial tribunal arising out of an alleged unfair dismissal or certain other employment rights statutory provisions.

When the Agency has prepared a scheme, it is to refer it to the Department for confirmation. The Agency may revise the scheme from time to time.

The Agency is to take steps to promote awareness of a scheme prepared by it. Where parties to a dispute agree in writing to submit the dispute to arbitration in accordance with a scheme, the Agency is to refer the dispute to arbitration. The Arbitration Act does not apply to an arbitration under the scheme except to the extent provided. The scheme may provide for the enforcement of the employment orders by the arbitrator. The order may require industrial tribunals to enforce such orders.

The Agency may, in accordance with dismissal procedures agreement, refer any matter to the arbitration to a person appointed by the Agency or for that purpose. The Agency may request the employer to submit copies of particulars, procedural agreements to which he is a party and may receive and record such procedural agreements or particulars thereof.

A procedural agreement is so much of a collective agreement. It provides procedures for the conduct of relations between employers and employees and contains provisions in relation to machinery for consultation with regard to, or for settlement by negotiation or arbitration of terms of employment; machinery for consultation on issues between the employer or groups of employers and employees and/or trade unions; negotiating rights; facilities for officials unions and other organization of workers; procedures relating to unfair dismissal; procedures relating to discipline other than dismissal; procedures relating to grievances of individual workers; disclosure of information; redundancy; health, safety at work; promotion.

The Agency may review arrangements for the conduct of collective bargaining and may make recommendations to trade unions, employers, and employee’s representatives concerning the conduct of collective bargaining and improvement of processes.

The Agency may review existing arrangements for the conduct of collective bargaining and may make representations to trade unions, employers, and employers’ associations regarding the introduction of arrangements and the conduct of collective bargaining. It may view progress towards the institution of suitable arrangements for the conduct of collective bargaining.

The Agency may review arrangements for industrial relations training in Northern Ireland. It may advise employers, trade unions, and Departments on training needs. It may make recommendations. It may coordinate, by agreement, the activities of employers, employer associations, trade unions, and other interested bodies in the provision of industrial relations training.

The Agency may, if it thinks fit, or at the request of the Department, employer, or employers’ association or trade union, conduct research into any question relating to industrial relations generally or in a particular industry, undertaking, or part of an undertaking. The findings of the research together with advice by the Agency may be published if the Agency believes that it is desirable for the improvement of industrial relations. It must send its findings to and take account of views of all parties appearing to the Agency to be concerned, as the Agency thinks fit.

The Agency may, on request or otherwise, give employers, employees, workers, and trade unions such advice as it thinks appropriate concerning or affecting or likely to affect industrial relations.

It may publish general advice on matters concerning or affecting or likely to affect industrial relations.

The Agency may issue Codes of Practice containing practical guidance for the purpose of promoting an improvement of industrial relations or in connection with trade union learning representatives. The Agency may, in particular, provide practical advice on disclosure of information, for the purpose of collective bargaining; time-offs when permitted by the employer to trade union officials.

A draft of the Code is published, notice, and representations are considered before it is finalized.

The Agency may charge a fee for services it provides. The Department may direct the Agency to charge fees.

The Industrial Court is continued by the Employment (Northern Ireland) Orders. The Court is independent in its functions.

The members of the Industrial Court are appointed by the Department. It is to appoint a chairman. Persons appointed must be experienced in industrial relations.

The Department is to consult the Agency and may consult others.

The Court is to consist of such a number of members as the chairman may direct. If the Court cannot reach a unanimous decision, it shall decide the matter with the full powers of an umpire.

The Department may allow the Industrial Court to make rules of procedure, including providing for sitting in multiple divisions; sitting with assessors; sittings notwithstanding vacancy.

The Court determines its own procedure. Most provisions of the Arbitration Act do not apply.

The chairman of the Court decides which panel has to deal with which case. Panels may, at the discretion of the chairman, sit in private where it appears expedient to do so.

Where there is a trade dispute in existence, the Head of the Department may inquire into the causes and may if he thinks fit, refer the matter to a court of inquiry appointed below. The court of inquiry consists of one person; or chairman and such other persons as are nominated. The court may sit in public or in private at its discretion. The court of inquiry reports to the Head on matters referred to it. A copy of the court of inquiry report to the Head is laid before the Assembly.

The Head of the Department may make rules regarding the procedure of a court of inquiry. They may allow for summoning of witnesses; quorum of members; appointment of committees; enabling calling for documents and provision whereby a person may appear by solicitor or counsel. A court of inquiry may summon witnesses. Persons are not to appear before the court with a counsel or solicitor. It may require persons with knowledge of relevant matters to furnish particulars in relation to the matter as specified.

The Department may issue Codes of Conduct, including practical guidance on matters of industrial relations and promoting desirable practices. It may, after consultation with the Agency, prepare and publish a draft of any Code of Practice it proposes to issue.

It shall consider representations about a draft code.The Department determines whether to proceed with the Code and lay its draft before the Assembly.