Considering the impact of the 'Right to Bargain' Legislation in Ireland: A Review

Ireland is rare among advanced economies in not having statutory trade union recognition legislation for collective bargaining purposes. The matter has been a source of policy contention over the years with attempts to resolve it encapsulated in the so-called ‘Right to Bargain’ legislation, introduced in 2001. This legislation has sought to circumvent statutory recognition in Ireland by putting in place an alternative mechanism for unions to represent members in non-union firms where collective bargaining is not practiced. This review, based on a mixture of empirical and documentary evidence, demonstrates that this legislation was moderately successful for a short period in generating pay rises, improved employment conditions and better access to procedures for union members in non-unionised firms. Indeed, in some respects, it was a superior institutional mechanism to a statutory recognition regime.

Clendennan to Benson Bargain and Sale, 1846 [photocopy]

In 1846 Levy Clendennan, a school master sold part of lot 18, sixth concession (one and three-quarter acre) to James Rae Benson, a merchant. The land was situated at the corner of James and Academy (now Church St.) streets. The existing Clendennan-Benson home would later be repurposed to serve as the location for the first city hall for the city of St. Catharines, Ont. The home was demolished in the 1920s when the city outgrew this location. Today the current city hall, facing Church Street, occupies this location.

Indenture of deed of bargain and sale between Samuel Rock of Crowland Township and Samuel Street of the Town of Niagara

Indenture of deed of bargain and sale between Samuel Rock of Crowland Township and Samuel Street of the Town of Niagara for 1 acre in Lot no. 179 in the Town of Niagara – instrument no. 13070. A memorial of this record was made on Feb. 21, 1856, List B, Folio 169. An envelope addressed to Joseph Woodruff, Clerk of the Peace and postmarked Jan. 1857 was included with this document, July 17, 1840.

Indenture of bargain and sale between James and Ann Jane Butler of the Town of Niagara to Joseph Augustus Woodruff of the Town of Niagara

Indenture of bargain and sale between James and Ann Jane Butler of the Town of Niagara to Joseph Augustus Woodruff of the Town of Niagara for 50 acres composed of the west half of Lot no. 169 in the Township of Niagara – instrument no. 3309. This was recorded in the Niagara Township Register on Aug. 14, 1851, Book A, Folio 219, Aug. 12, 1851.

Indenture of bargain and sale between James and Margaret Boulton of the City of Toronto and to Joseph A. Woodruff of the Town of Niagara

Indenture of bargain and sale between James and Margaret Boulton of the City of Toronto and to Joseph A. Woodruff of the Town of Niagara for 2 acres in Lot no. 279 and 280 in the Town of Niagara, Mar. 20, 1854.

Indenture of bargain and sale between Frederic and Laura Charlotte Davis of the Town of Sarnia to Joseph A. Woodruff of the Town of Clifton

Indenture of bargain and sale between Frederic and Laura Charlotte Davis of the Town of Sarnia to Joseph A. Woodruff of the Town of Clifton for Lot no. 28 on the east side of Front Street in Sarnia. This document is slightly torn. This does not affect the text, Jan. 26, 1859.

Indenture of bargain and sale between Henry and Mary Miller of the Town of Niagara to Joseph Augustus Woodruff of the Town of Niagara

Indenture of bargain and sale between Henry and Mary Miller of the Town of Niagara to Joseph Augustus Woodruff of the Town of Niagara for 50 acres in the east half of Lot no. 15 in the 1st Concession in the Township of Southwold in Elgin County, April 2, 1853.

Indenture of Bargain and Sale (vellum) between Captain George Salmon, formerly of Upper Canada and now of Middlesex, England and Charles Hampden Turner of Surrey, England

Indenture of Bargain and Sale (vellum) between Captain George Salmon, formerly of Upper Canada and now of Middlesex, England and Charles Hampden Turner of Surrey, England for 1,200 acres lying in the Township of Windham in the County of Norfolk in the province of Upper Canada, May 5, 1819.

Indenture of bargain and sale (vellum) between David William Smith of Alnwick, Great Britain and William Dickson of Niagara

Indenture of bargain and sale (vellum) between David William Smith of Alnwick, Great Britain and William Dickson of Niagara for 90 acres in the Township of Niagara –instrument no. 5926. Attached to this is a notice of Power of Attorney dated Apr. 6, 1810, which states that David William Smith of Alnwick, Great Britain allows James Crooks of Niagara to be his lawful attorney. The power of attorney is slightly torn. This does not affect the text, Sept. 21, 1810.

Indenture (vellum) of bargain and sale between William Dickson, Thomas Dickson and Thomas Clark

Indenture (vellum) of bargain and sale between William Dickson, Thomas Dickson and Thomas Clark, executors of the late Robert Hamilton of Queenston to George Moffat for land in Burford, Beverly and Grimsby, Ontario, Feb. 27, 1827.

Indenture of bargain and sale (vellum) between the Honourable William Dickson of Galt and Martin Hiler of Dumphries

Indenture of bargain and sale (vellum) between the Honourable William Dickson of Galt and Martin Hiler of Dumphries for 125 acres in Lots no. 24 and 25 in the 6th concession in Dumphries, June 2, 1830.

Indenture (vellum) of bargain and sale between the Honourable William Dickson of Galt and Robert Dickson of Niagara

Indenture (vellum) of bargain and sale between the Honourable William Dickson of Galt and Robert Dickson of Niagara for 31 acres in the Township of Niagara – instrument no. 966. This was recorded on Aug. 26, 1842 in Book B, folio 532-533 in the County of Lincoln Register, Nov. 8, 1830.

Indenture of bargain and sale between Walter Hamilton and Augusta Maria Dickson of Niagara to Robert Dickson of Niagara

Indenture of bargain and sale between Walter Hamilton and Augusta Maria Dickson of Niagara to Robert Dickson of Niagara for land in the Township of Dumphries, Jan. 23, 1840.

Indenture of bargain and sale between Walter Hamilton Dickson and Augusta Maria Dickson of Niagara to Jane Dickson (widow of Robert Dickson), Thomas Clark Street of Stamford and Edward Clarke Campbell of Niagara

Indenture of bargain and sale between Walter Hamilton Dickson and Augusta Maria Dickson of Niagara to Jane Dickson (widow of Robert Dickson), Thomas Clark Street of Stamford and Edward Clarke Campbell of Niagara for 150 acres for the south half of Lot no. 32 in the 7th concession and the north east quarter of Lot no. 22 in the 10th Concession of Dumphries. This was recorded in the County of Halton on the 29th day of January, 1849 in Folio 326, memorial 236, Jan. 12, 1849.