This week we looked at Strikes, Lockouts and Oganised Conflict
Defining the Strike
A strike is defined as a “temporary stoppage of work by a group of employees in order to express a grievance or enforce a demand” (Griffin, 1939). While often seen as a last resort, it remains a fundamental tool for workers to balance the power dynamic in the employment relationship.
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Strike: Action initiated by employees.
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Lockout: Action initiated by the employer to prevent employees from working (often to compel them to accept certain terms).
Recent Case Studies in Success
We looked at contemporary examples where industrial action (or the threat of it) led to significant wins for union members:
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Carroll’s Cuisine (2025–2026): Following a three-day strike over a refusal to recognise the union, members secured a formal Union Recognition Agreement and significant pay increases.
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Caredoc Workers (2025–2026): After a decade without a pay rise, the threat of coordinated strike action led to a successful negotiated pay proposal.
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HSE Support Staff (2019): 10,000 members engaged in a national strike to force the implementation of a job evaluation scheme, proving the power of national solidarity.
The Legal Framework: The Industrial Relations Act 1990
In Ireland, there is no “constitutional right” to strike; instead, the law provides “Immunity” from prosecution for certain acts, provided they are done “in contemplation or furtherance of a trade dispute.”
Key Legal Requirements:
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Trade Dispute: Must be a dispute between employers and workers related to employment/non-employment or terms and conditions.
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Secret Ballot: To maintain legal immunity, the union must hold a secret ballot.
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Notice: The union must provide the employer with at least one week’s notice before starting the action.
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The “Clean Hands” Principle: To be protected, the union and its members must follow the rules of the 1990 Act strictly.
Picketing (Section 11)
The law allows for “peaceful picketing.”
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Primary Picketing: Taking place at or near the member’s own place of work.
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Secondary Picketing: Picketing an employer other than the one involved in the dispute. This is only legal if it is “reasonable” to believe that the second employer was acting to frustrate the strike (e.g., by doing the work of the struck firm).
The Conduct of a Ballot
The union has a democratic responsibility to ensure:
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Every member entitled to vote can do so without interference.
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The union’s Executive Council (NEC) must officially sanction the action.
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Results (total votes, valid poll, for/against) must be made known to the members as soon as possible.
The Role of the WRC and Labour Court
The Code of Practice on Dispute Procedures strongly recommends that parties exhaust all internal negotiations and refer the dispute to the Workplace Relations Commission (WRC) for conciliation before taking industrial action. Strikes should generally only occur after these procedures have been fully utilized.
Trends in Industrial Action
We noted a dramatic decrease in the number of days lost to strike action since the early 1980s.
SlidoQuestion: Is this decrease a sign of better industrial relations, or a sign of weakened worker power? Does the “threat” of a strike now do more work than the strike itself?