The Irish Federation of University Teachers (IFUT) is seeking legal advice on whether legislation to cut public servants’ pay without agreement is constitutional.
The advice is being sought before a meeting with union members on June 8th where either acceptance or rejection of the Haddington Road agreement will be recommended.
The union claims the legislation will treat staff who are not members of a trade union as if they had voted against the agreement and force them into taking pay cuts.
Speaking on RTÉ radio this morning, Mike Jennings, IFUT general secretary, said people who are not members of a trade union would automatically be deemed to be no voters.
“We believe that there are constitutional implications for the legislation. Because to our knowledge it is the first time that the treatment of employees, including the salaries of employees, will be dictated by their membership or non-membership of a particular trade union as opposed to the work that they do or the grade that they hold,” he said.
“Not only is it objectionable that it turns its back on almost 80 years of voluntary collective bargaining .. it introduces a very draconcian system whereby the Government will decide the basic salary of public servants .”
Mr Jennings described the agreement as an “absolutely dreadful piece of work.
He added: “The only way you could possibly endorse it is if you were persuaded that the alterative was worse.”
However, he acknowledged he was “open to persuasion” on the matter and said one of the factors that would help IFUT make up its mind was how many other unions were prepared to stand up against it.
The ASTI and the TUI have decided not to ballot their members on the agreement because they do not believe it contains sufficient improvements on what was already on the table.
Labour Relations Commission chief executive Kieran Mulvey said over the weekend he does not understand the unions' decision saying it was the fundamental role of any trade union to consult their members and to ask their opinions.