TWO bricklayers and members of the Building and Allied Trades Union (BATU) were ordered by the High Court yesterday to cease their unofficial picket of two building sites in Dublin. The court heard the dispute is over the use of bricklaying sub-contractors. Mr Justice Kelly granted orders against Mr Jonathan Phelan and Mr David McMahon, preventing them, their servants or agents, anyone acting in concert with them, or anyone with knowledge of the making of the order, from picketing, watching or besetting sites at Merrion Road, Dublin, and Conyngham Road, Dublin. He also directed both men not to interfere with access or egress from the sites. Neither man was represented in court.
The judge adjourned proceedings against the Building and Allied Trades Union and its regional organiser, Mr Denis Farrell, for one week. BATU has said that while it has taken judicial review proceedings regarding the issue of sub-contracting, neither it nor Mr Farrell has been involved in any picketing and have at all times tried to resolve the dispute.
The orders against Mr Phelan and Mr McMahon were sought by Mr Tom Mallon, for Capel Developments Ltd and John O'Connor Construction, who are respectively the developer and main contractor for an apartment scheme at the site of the old British embassy, Merrion Road, Dublin, and also operate a site at Conyngham Road. Counsel said there were time limits because of changes in tax laws regarding such developments.
BATU has a policy against employing bricklayers as sub-contractors on building sites and has taken judicial review proceedings challenging the Labour Court's decision to register the 22nd variation of the Registered Employment Agreement insofar as it relates to sub-contracting.
The High Court has granted a stay on the implementation of the variation pending the outcome of the challenge.
Mr Mallon said a company, Edward Moran Ltd, had been engaged by John O'Connor Construction to carry out brick and blocklaying activities at the Merrion Road site.
Counsel said Mr Phelan and Mr McMahon were employed for two weeks only on the Merrion Street site, during the builders' holidays in July, and their employment ceased on July 31st. Work was obtained for them on another site but difficulties arose and they were dismissed.
He said the men then picketed the Merrion Road site and an agreement was reached that they would be employed by John O'Connor Construction there. However, difficulties arose regarding their activities on the site.
On September 22nd last, Mr Phelan said he would not go back to work on a site upon which a sub-contractor was working. A picket of the site was mounted the next day. Despite court orders, picketing had continued except for times when meetings were under way to resolve the issues, Mr Mallon said.