Air Jamaica (1968) Ltd v The National Workers Union

• Jurisdiction: Jamaica
• Judge: Martin, C.,Holness, R.,White, R.
• Judgment Date: 04 May 1976
• Date: 04 May 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 1 of 1976

Industrial Dispute Tribunal

Martin, C.; Holness, R.; White, R.

IDT 1 of 1976

Air Jamaica (1968) Limited

and

The National Workers Union

Labour Law - Industrial Disputes — Terms of Employment

REFERENCE:

1 The Honourable Minister of Labour & Employment by letter dated 6 ^th January, 1976, in accordance with section 10(5) of the Labour Relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement, an industrial dispute between Air Jamaica (1968) Limited and the National Workers Union.

2 The Terms of Reference to the Tribunal were as follows:–

“to determine and settle the dispute between Air Jamaica (1968) Limited on the one hand and certain categories of workers employed by the Company and represented by the National Workers Union on the other hand.”

3 The division of the Tribunal selected in accordance with section 8(2) of the Act to hear the dispute was as follows –

Dr. John Martin	—	Chairman
Mr. Noel Holness	—	Employers' Representative
Mr. Dorrel White	—	Workers' Representative.

PARTIES:

4 The Employer was represented by –

Mr. Emile George, Q.C. (Legal)

Mr. Maurice Robinson (Legal)

Mrs. Jean Marsh

Mr. Franklin Smith

Mrs. Andrea McKenzie

5 The Trade Union was represented by –

Senator Carlyle Dunkley

Mr. Donovan Hunter

Several Worker/Delegates were in attendance.

SUBMISSIONS AND SITTINGS:

6 The parties submitted written briefs, and hearings were conducted at ten sittings over the period 3 ^rd February, 1976.

7 A number of exhibits were tendered in evidence.

8 At the request of the Union, the Tribunal, on the 19 ^th March, 1976, visited the Harbour Street offices and the Norman Manley Airport, and on the 27 ^th March, 1976, the Sangster International Airport, Montego Bay, to observe the Company's operations and working conditions.

BACKGROUND:

9 On the 13 ^th October, 1975, the Union submitted a 47 point claim on behalf of the Bargaining Unit, which consists of all categories of permanent ground employees of the Company employed in Jamaica, except Managerial, Supervisory, Security, Payroll Staff and Confidential Staff which includes all staff in the Personnel and Administration Department.

10 A number of meetings were held at the local level with a view to arriving at an amicable settlement of the issues involved.

11 The Company, however, indicated to the Union that it intended to keep within the Wage Guideline which were set out in two Ministry Papers. The meeting at the local level on December 1, 1975 ended in deadlock, and the Company was subsequently advised that there was an official go-slow of all the workers. The following day, the President of the Company advised the Union that unless there was a normal resumption of work there would be no alternative but to cease operations at 4.00 p.m. on that day.

12 The parties were invited to a meeting at the Ministry of Labour and Employment on December on December 2, 1975 and again on December 3, when a full resumption was agreed on. Work resumed on the 3 ^rd December. A number of meetings were held the 3 ^rd and 19 ^th December, but no agreement was reached, and on the morning of the 20 ^th December, another go-slow began and the Company decided to cease its operations.

13 Later that day, the company and the Union were invited by the Minister of Labour and Employment to attend a meeting on December 21 at 10.00 a.m. At this meeting, the Minister exercised his powers under section 10 of the Labour Relations and Industrial Disputes Act, 1975, and served on the company and the Union an order to cease industrial action. As no agreement could be reached on the choice of a Chairman for the Special Tribunal, the matter was subsequently referred to the Industrial Disputes Tribunal on the 6 ^th of January, 1976.

AWARD:

14 Of the 47 items of claim, the Tribunal was requested to adjudicate on the following, and we award accordingly –

CLAIM 3(C) — UNION RIGHTS (ARTICLE 5)

Whenever an employee accepts employment from the Company he/she is obligated to joining the Union.

We make no award.

CLAIM 6 — ARTICLE 11 — DEFINITION OF WORK WEEK AND PAY PERIOD:

(a):

All salaries for the monthly staff shall be paid every 28 days except in the case of Maintenance and engineering Department which shall be paid on a fortnightly basis.

We make no award.

(b)

……………this shall entail a 40 hour work week over a five day period inclusive of one hour lunch break and 2 coffee breaks.

We make no award.

CLAIM 7 — ARTICLE 12 — OVERTIME:

(a):

All work done on public holiday shall be paid at 3 times the regular rate.

We make no award.

CLAIM 8 –

There shall be a special premium for work done Saturdays and Sundays.

We make no award.

CLAIM 9 — SHIFT PREMIUM — ARTICLE 13

(b):

Shift premium shall be paid at 25 cents per hour and 40 cents for the night shift.

We award 15 cents per hour for hours between 6.00 a.m. and 6.30 p.m. and 20 cents between 6.00 p.m. and 3.00 a.m. effective 1 ^st October, 1975.

CLAIM 11 — ALLOWANCES

(a):

There shall be a daily meal allowance of $5 for all employees.

We award a meal allowance of $2.25, effective from 5 ^th May, 1976

(b):

There shall be a yearly shoe allowance of $40 for all employees. Extra allowance for stockings.

We make no award.

(c):

A clothing allowance of $300 per annum shall be paid in two (2) installments every six (6) months.

We make no award.

(d):

A laundry allowance of $15 per week shall be paid to all employees.

We award an increase of thirty-four (34) cents per week to Ramp Attendants only, i.e. from $1.66 to $2.00 per week, effective from 1 ^st October, 1975.

In the case of other employees we make no award.

CLAIM 13 — SICK LEAVE

(a):

There shall be 20 days uncertified sick leave with pay.

We make no award.

(b):

Review of Article 16, paragraph 9.

We make no award.

(c):

CLAIM 3(C) — UNION RIGHTS (ARTICLE 5)

CLAIM 6 — ARTICLE 11 — DEFINITION OF WORK WEEK AND PAY PERIOD:

CLAIM 7 — ARTICLE 12 — OVERTIME:

CLAIM 8 –

CLAIM 9 — SHIFT PREMIUM — ARTICLE 13

CLAIM 11 — ALLOWANCES

CLAIM 13 — SICK LEAVE

15 All employees shall be given three (3) working days to produce a sick leave certificate where necessary.

16 We award three (3) working days as the period in which the employee shall produce a medical certificate. Effective from the date of this award.

CLAIM 15 — VACATION

17 A new vacation schedule shall be introduced.

18 1 to 5 years service 15 working days for each year

19 over 5 to 10 years service 20 working days for each year

20 over 10 to 20 years service 25 working days for each year

21 over 20 years service 30 working days for each year

We award	—	1 to 5 years service — 10 working days
		5 to 10 years service — 15 working days
		over 10 years service — 25 working days
		Effective 1 st January, 1976.

CLAIM 16 — DEPARTMENTAL LEAVE

22 There shall be 5 days departmental leave for each year.

23 We award five days departmental leave per annum — non-accumulative, with prior approval wherever possible. Effective from the date of this award.

CLAIM 17 — STUDY LEAVE

24 Whenever an employee has completed 5 years of continuous service he/she shall be eligible for a maximum of 3 years study leave with pay and travel benefits.

25 We make no award.

CLAIM 2 — UNIFORMS

(a):

Uniforms shall be furnished...