Rule 11: Industrial Action

1.  The provisions of this Rule shall apply notwithstanding any other provision contained in these Rules.

2.  In this Rule the term “strike” and “industrial action” shall have the same meaning as in the Industrial Relations Act 1990.

3.  In this Rule the term “Member” shall have the same meaning as in Rule 2.

4.  The provisions of this Rule shall apply to the Republic of Ireland only.

5.  The Union shall not organise, participate in, sanction or support a strike or other industrial action without a secret ballot, entitlement to vote in which shall be accorded equally to all Members whom it is reasonable at the time of the ballot for the Union to believe will be called upon to engage in a strike or other industrial action.

6.  The Union shall take reasonable steps to ensure that every Member entitled to vote in the ballot votes without interference from, or constraint imposed by, the Union or any of its Members, Officials or employees and, so far as is reasonably possible, that such Members shall be given a fair opportunity of voting.

7.  The National Executive Council shall have full discretion in relation to organising, participating in, sanctioning or supporting a strike or other industrial action notwithstanding that the majority of those voting in the ballot, including an aggregate ballot referred to in paragraph 8 of this Rule, favour such strike or other industrial action.

8.  The National Executive Council shall not organise, participate in, sanction or support a strike or other industrial action against the wishes of the majority of the Union’s Members voting in a secret ballot, except where, in the case of a ballot by more than one trade union, an aggregate majority of all the votes cast, favours such strike or other industrial action.

9.  Where the outcome of a secret ballot conducted by the Union, or in the case of ballots conducted by the Union and any number of other trade unions which are affiliated to the Irish Congress of Trade Unions, an aggregate majority of all the votes cast, is in favour of supporting a strike organised by another trade union, a decision to take such supportive action shall not be implemented by the Union without the sanction of the Irish Congress of Trade Unions.

10.  As soon as practicable after the conduct of a secret ballot, the Union shall take reasonable steps to make known to its Members entitled to vote in the ballot:-

(a)  The number of ballot papers issued;

(b)  The number of votes cast;

(c)  The number of votes in favour of the proposal;

(d)  The number of votes against the proposal;

(e)  The number of spoilt votes.

11.  Nothing in this Rule shall constitute an obstacle to negotiations for the settlement of a trade dispute nor the return to work by Members of the Union party to the trade dispute, and any decision taken in accordance with the Rule to organise, participate in, sanction or support a strike or other industrial action may be rescinded or amended without the necessity of a further ballot of the Members concerned.