A SENIOR trade unionist has accused one of the country's largest employers of using "underhand" methods to set up a European Works Council (EWC).

CRH is currently holding a secret ballot of its 6,000 employees to approve proposals for a council, without consulting its unions. Two unions in the company, SIPTU and the the ATGWU, have asked for the ballot be stopped.

The company has been accused of acting "completely at variance with the spirit and the letter of the European Works Council Directive", by the industrial officer of the Irish Congress of Trade Unions, My Stephen McCarthy, who is advising the unions on the new legislation. He describes the CRH ballot as "an underhand attempt to sneak something in without consulting the unions or their workers".

SIPTU's national industrial officer, Mr Des Geraghty, says that his union has contacted the company to express its dissatisfaction with its approach to the EWC. It has also contacted all SIPTU representatives in the company advising them not to co-operate with the ballot. "The company needs to sit down with the unions and discuss a legitimate approach to the problem," Mr Geraghty says.

A spokesman for CRH says that it does not wish to comment at this stage on the dispute. He adds that the company is considering its response to the unions and, in the meantime, the ballot will continue.

It is due to conclude on July 30th. The spokesman says that the unions are being invited to attend the count on August 1st.

The directive requires all companies employing more than 1,000 workers and employing at least 150 people in two EU member states to set up a works council to provide for consultation and information on its activities and future plans. Each member state has to enact legislation to comply with the directive.

The Irish legislation comes into effect on September 22nd and has been criticised by the ICTU and SIPTU as minimalist in approach.

Under Irish law, there is a special provision for companies setting up works councils before September 22nd. Provided more than 50 per cent of the workforce approves of the provisions, these councils will be recognised as complying with the requirements of the EWC directive.

One of the chief concerns the unions have about the CRH proposals is that they fail to specify how often the works council will meet. They also restrict meetings to discuss changes affecting at least 3 per cent of the workforce across the EU, or 10 per cent locally.

CRH operates in five countries and through over 50 subsidiaries. Because of the dispersed nature of its operations, the unions fear that, under the proposed rules, many important decisions can be taken in the company without the need for convening a works council.