V. The process of collective bargaining on flexibility
B. Differences between sectors
There are important differences between sectors of the economy in relation to flexibility. Trade union concerns related to atypical employment dominate in the retail/distributive sector. Functional flexibility and the development of new forms of work organization, such as Total Quality Management (TQM), Just in Time (JIT), World Class Manufacturing (WCM), and Total Preventive Maintenance (TPM), are more prevalent in manufacturing industries. The public sector has seen a range of issues arise, from open reporting in the civil service to more flexible working in the prison service. The current strategy of the government, as employer, is to link the 2 per cent exceptional clause in the Partnership 2000 agreement to a requirement for a concession of flexibility (interview with Jim Fitzgerald, Assistant Secretary, Department of Finance). This contrasts with the situation in the private sector, where IBEC accept that the norm will be for the 2 per cent local bargaining clause to be paid in most companies (interview with Turlough O'Sullivan, Director, IBEC).
Most flexibility has been introduced at the enterprise or plant level. No derogation is necessary from national agreements. Should a dispute arise about the implementation of an agreement, that dispute can be referred to the Labour Relations Commission (LRC) for conciliation and if agreement is not reached, the Labour Court may be asked to issue a recommendation on the merits of the dispute. Such recommendations are normally not binding and only have persuasive force.