Barclays Bank of Jamaica Ltd v National Workers Union
Jurisdiction | Jamaica |
Judge | Lynch, C.,Plant, R.,Dixon, R. |
Judgment Date | 25 October 1976 |
Court | Industrial Dispute Tribunal (Jamaica) |
Date | 25 October 1976 |
Docket Number | IDT 22 of 1976 |
Industrial Disputes Tribunal
Lynch, C.; Plant, R.; Dixon, R.
IDT 22 of 1976
Labour Law - Trade Unions — Recognition
By letter dated 31 st March, 1976, the Honourable Minister of Labour and Employment, in accordance with section 5, subsection 3 of the Labour Relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement, an industrial dispute between Barclays Bank of Jamaica Limited and the National Workers Union.
The Terms of Reference to the Tribunal were as follows –
“To settle the dispute between Barclays Bank of Jamaica Limited on the one hand and the National Workers Union on the other hand, as respect the categories of workers of whom a ballot should be taken or the persons who should be eligible to vote in the ballot to determine the claim of the union for bargaining rights on behalf of certain categories of workers employed by the Company.”
The decision of the Tribunal selected in accordance with section 8(2) of the Act to hear the dispute was –
Mr. Basil Lynch
—
Chairman
Mr. Owen Plant
—
Employers' Representative
Mr. Edward Dixon
—
Workers' Representative
The Employer was represented by –
Mr. J.F. Pattinson (Legal)
Mr. J. Hopkinson
Mr. A.F. Foster
Mr. D.A. Attride
Mr. D.F. Wilson
The Union was represented by –
Mr. Lascelles Perry
Mr. Lloyd Goodleigh
Written briefs were submitted by the parties and oral submissions made at five (5) sittings between 9 th June and 4 th August, 1976.
Barclays Bank whose head office is at 77 King Street, Kingston, operates many branches throughout the island, — there are 19 such branches in the Corporate Area alone. One such branch is operated on the ground floor at Nos. 1 — 7 Knutsford Boulevard, New Kingston — on the second floor of the said premises, the Bank operates a Centralised Computer Department which is the center o the accounting and recording system for its extensive island — wide operations.
Seventy-five persons are presently employed at the Computer Centre;
Management
2)
) 18
Supervisors
16)
Programmers
5)
Clerical
5)
Computer Operators
4)
Key Punch Operators
14)
) 57
Tape Librarian
1)
Central Proof Operators
17)
Data Control
11)
The claim of the National Workers Union is for bargaining rights on behalf of 57 of these workers — the other 18 representing Management and Supervisors are not being included.
The Bank has objected on the grounds that its employees at the Centralised Computer Department do not constitute a “bargaining unit” in respect of which Collective Bargaining could appropriately be carried on.
The Tribunal heard arguments from both sides on the question of whether or not certain of the categories set out below should be included or excluded from the bargaining unit;
(a) In the Central Computer Department;
Computer Programmer
Clerical
Computer Operators
Key Punch Operators
Tape Librarian
Central Proof Operators
Computer Data Control Personnel
(b) General staff below supervisory level;
Counter Clerk
Cashier
Input Clerk
Mail Clerk
Telephone Operator
Copy Typist
Clerk Typist
General Ledger Clerk
Clerk
(c) Confidential Staff below Supervisory level;
Personnel Department staff (Head Office)
Manager's Secretaries
Manager's Stenographers
Manager's Typists
Regulation 4 of the Labour Relations and Industrial Disputes Regulations, 1975 provides as follows:–
“If there is a dispute as respects the category of workers of whom a ballot should be taken or the persons who should be eligible to vote, the matters which shall be taken into consideration for the purpose of settling the dispute include –
(a) the community of interest of the workers in that category, and in particular, whether the duties and responsibilities and work place are identical for all of those workers;
(b) the history of collective bargaining in relation to the workers in the employment of the employer concerned, or in relation to workers employed by other employers in the trade or business in which that employer is engaged;
(c) the interchangeability of the workers in respect of whom the disputes arises;
(d) The wishes of the workers in respect of whom the dispute arises.”
The Tribunal has taken these matters into consideration and awards that the categories of workers of whom a ballot should be taken in the ballot to determine the claim of the National Workers Union for bargaining rights on behalf of the workers employed to Barclays Bank should include;
(i) the following categories of staff Supervisory level;
Counter Clerk
Cashier
Input Clerk
Mail Clerk
Telephone Operator
Copy Typist
Clerk Typist
General Ledger Clerk
Clerk
(ii) the following categories in the Central Computer Department;
Clerical
Key Punch Operators
Tape Librarian
Central Proof Operators
The...
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