A COMPANY at the centre of a lengthy strike at Dublin port has been granted an interim injunction against Siptu, the Irish Congress of Trade Unions and a number of officials and workers from seeking to harass staff who are continuing to work.
The High Court yesterday was told that last week a group of protesters had travelled to Athy in Co Kildare, where some of the personnel who are continuing to work at Marine Terminals live, and put up posters and distributed fliers identifying the workers concerned.
Since early July, about 50 port operatives at Marine Terminals, who are members of Siptu, have been involved in a dispute with the company over redundancies and changes to workers’ terms and conditions.
Yesterday, the company sought the orders over what it said was an unlawful escalation by the union and the strikers who had allegedly tried to coerce and intimidate employees who were not on strike to cease working, by calling them “scabs”.
Mr Justice Kevin Feeney granted Marine Terminals an interim injunction against Siptu, Ictu and 10 named individuals.
Those individuals include Ictu assistant general secretary Peter Bunting, Siptu officials Oliver McDonagh and Christy McQuillan, and the union’s general secretary Joe O’Flynn.
Ken Fleming, an agent of the International Transport Workers Federation, and five current and former employees of the company were also named.
Under the terms of the order, the defendants and their agents cannot intimidate, harass or threaten any persons employed by the company who have continued to work during the strike.
The judge, who granted the injunction on an ex parte (one side only) basis, made the matter returnable to Thursday next.
He also gave the company permission to bring proceedings aimed at restraining the defendants from referring to any person at the firm who continued to work as being a “scab”, or from interfering with their constitutional rights to work.
The company is also seeking orders prohibiting the defendants from distributing fliers or publishing personal details of, and from continuing a campaign of naming and shaming, those employees who continue to work.
Yesterday, Marcus Dowling, counsel for Marine Terminals, told the court that the firm had sought an injunction because the striking workers and the union had escalated matters in an unlawful manner and would continue to do so unless restrained by the court.
Counsel said attempts to coerce and intimidate the workers not on strike, whom he maintained were also Siptu members, were a breach of their constitutional right to earn a living. He also told the court that fliers with a photograph of a Marine Terminals employee who continued to work were posted up around that person’s home town on August 27th last.
The flyer contained the words “Wanted for Crimes Against Irish Workers”, and the names of a number of other employees who have continued to work.
He said that the flier was a clear attempt to intimidate those named to stop working during the strike.
In an affidavit to the court, Marine Terminals general manager John Rafferty said the defendants had engaged in a campaign of “naming and shaming”.
Meanwhile, the High Court also granted an interlocutory injunction to Dublin Port Company against a blockade related to the dispute at Marine Terminals yesterday.
Separately, talks between the company and the union on the dispute restarted at the Labour Relations Commission yesterday.