Berger Paints Jamaica Ltd v The National Workers Union

• Jurisdiction: Jamaica
• Judge: Lynch, C.,Plant, R.,Dixon, R.
• Judgment Date: 01 October 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 35 of 1976
• Date: 01 October 1976

Industrial Disputes Tribunal

Lynch, C.; Plant, R.; Dixon, R.

IDT 35 of 1976

Berger Paints Jamaica Limited

and

The National Workers Union

Labour Law - Industrial Disputes — Wage Increases

Labour Law - Industrial Disputes — Improved Fringe Benefits

REFERENCE:

1 The Honourable Minister of Labour and Employment, by letter dated 11 ^th June, 1976, under the provisions of Section 11(1) of the Labour Relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement, the dispute between the Employer and the Trade Union with the following Terms of Reference –

“To determine and settle the dispute between Berger Paints (Ja.) Limited and the unionized employees of the Company, represented by the National Workers Union, over the Union's claim for wage increases and fringe benefits.”

2 The division of the Tribunal selected in accordance with Section 8(2) of the Act was –

Mr. Basil Lynch	—	Chairman
Mr. Owen Plant	—	Employers' Representative
Mr. Edward Dixon	—	Workers' Representative

3 The Employer was represented by –

Mr. Robert Baugh (Legal)

Mr. M.E. Fennell

Mr. M. Rennals

4 The Trade Union was represented by –

Mr. D. Hunter

Three Worker/Delegates were also in attendance.

SUBMISSIONS AND SITTINGS

5 Written briefs were submitted by the parties and oral submissions were made at the two sittings held on the 1 ^st and 2 ^nd September, 1976.

6 The Tribunal met the parties at an informal meeting in the morning of 1 ^st September with a view to narrowing the scope of the dispute and as a result at the commencement of the formal sitting later in the day, it was reported;

• (a) that agreement had been reached on the majority of the items of claim, vide copy of agreement between the parties dated 27 ^th September, 1976 attached and;

• (b) that the residual items of claim for determination by the Tribunal were as follows:–

ITEM 3 — RE: CLASSIFICATION.

ITEM 4 — WAGES.

ITEM 5 — SENIORITY PAY.

ITEM 6 — OUT OF BASE ALLOWANCE.

ITEM 7 — SHIFT PREMIUM.

ITEM 8 — OVERTIME.

7 Double time on Saturdays.

ITEM 9 — VACATION LEAVE.

ITEM 12 — SENIORITY RIGHT.

ITEM 13 — CASUALS.

AWARD

ITEM 3 — RE: CLASSIFICATION.

8 We make no Award.

ITEM 4 — WAGES.

9 The Company had offered a 30 percent across-the-board increase for two years commencing 1 ^st December, 1975, prior to the issue of the wage guidelines as set out in Ministry Paper No. 12 of 1976 — we Award accordingly.

ITEM 5 — SENIORITY PAY.

10 We Award that Seniority Pay be increased from $2.00 a week to $4.00 a week effective 1 ^st December, 1975.

ITEM 6 — OUT OF BASE ALLOWANCE.

11 For the area beyond Ferry to the west, Harbour View to the east and Stony Hill to the north — we Award with effect from 4 ^th October, 1976;

• (a) An increase of supper allowance from $1.50 to $2.00 and an increase of lunch allowance from $2.00 to $2.50.

• (b) For the Montego bay area, we Award an increase of lunch allowance from $2.75 to $3.50 and an increase in supper allowance from $1.50 to $2.00.

ITEM 7 — SHIFT PREMIUM

12 The Company had proposed an increase from 12¢ per hour to 16¢ per hour. We Award accordingly with effect from 1 ^st December, 1975.

ITEM 8 — OVERTIME

13 Double time on Saturdays.

14 The existing arrangements for overtime work on Saturdays are “the first four hours are paid for at time and one half and thereafter at double time.” We make no Award.

ITEM 9 — VACATION LEAVE

15 We Award that in accordance with the Company's proposals, the following vacation schedule should be effective from 1 ^st December, 1975.

1 — 6 — 2 weeks

6 — 12 — 3 weeks

Over 12 years — 4 weeks

ITEM 12 — SENIORITY RIGHT

16 We make no Award.

ITEM 13 — CASUALS

17 We make no Award.

DATED THIS 1ST DAY OF OCTOBER, 1976.

Sgd. Basil Lynch

Chairman

Sgd. Owen Plant

Employers' representative

Sgd. Edward Dixon

Workers' Representative

Witness.

Y.D. Fidler (Mrs.)

Secretary.

18 256 Spanish Town Road

19 Kingston 11.

20 Agreement between Berger Paints Jamaica Limited and National Workers Union concerning those claims in the Union's letter dated 5 th November, 1975 which were not dealt with at the formal sittings of the Industrial Disputes Tribunal on 1 st and 2 nd September, 1976.

21 It is agreed that arising from a preliminary sitting of the Industrial Disputes Tribunal with representatives of Berger Paints Jamaica Limited and the National Workers Union at 74 Slipe Road, on Wednesday 1 ^st September, 1976, the following decisions were taken on claims contained in letter dated 5 ^th November, 1975 from the Union.

22 Claim 1. MANAGEMENT'S RIGHTS AND FUNCTIONS

23 The Company and the Union are to pursue discussions leading to the setting up of a Works Committee.

24 Claim 2. UNION MATTER

• (a) The practice that all new members of staff be introduced to all employees inclusive of the Delegates where possible on the date of employment be continued.

• (b) The Company will...