C.M.P. Metal Products Ltd v Union of Technical, Administrative & Supervisory Employees

• Jurisdiction: Jamaica
• Judge: Lloyd, C.
• Judgment Date: 04 May 1978
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: 23 of 1977
• Date: 04 May 1978

Industrial Disputes Tribunal

Lloyd, C.

23 of 1977

C.M.P. Metal Products Ltd.

and

Union of Technical, Administrative & Supervisory Employees

Labour law - Industrial disputes — Wage increases.

Labour law - Industrial disputes — Improved fringe benefits.

JUDGMENT:

1 The Honourable Minister of Labour by letter dated 2nd August, 1977, in accordance with sub-section 1 of section 11 of the Labour Relations and Industrial Disputes Act, 1975, referred to the tribunal for settlement, an industrial dispute between C. M. P. Metal Products Limited and the Union of Technical, Administrative and Supervisory Personnel.

2 The terms of reference to the Tribunal were as follows:

“To determine and settle the dispute between C. M. P. Metal Products Limited on the one hand and its unionised workers represented by the Union of Technical, Administrative and Supervisory Personnel on the other hand over the union's claim for increased wages and improved fringe benefits on behalf of the said workers.”

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

Mr. James Lloyd — Chairman

Mr. Noel Holness — Member

Mr. Headley Allman — Member

4 However, before an award was made, Mr. James Lloyd became incapacitated; Dr. John Martin was selected in his stead and consideration of the dispute was finalized in accordance with section 8(4) of the Act.

5 The company was represented by –

Mr. Emil George, Q.C.

Mr. H. C. Bucknor

Mr. A. Hendricks

6 The trade union was represented by–

Mr. Reg Ennis

Several Worker/Delegates

7 Submissions and Sittings

8 Written briefs were submitted by the parties and oral submissions made at seven (7) sittings held on the 22nd, the 27th of September, 13th and 28th October and 2nd November 1977, also 20th February and 1st March 1970

9 By letter dated 13th January 1977, the union served an eighteen (18) point claim on the company for increased wages and improved conditions of service.

10 A copy of the union's claim is attached and marked appendix ‘A’.

11 During the hearings, the parties reported that claims nos. 4(a) 6(b) and 11 had been withdrawn; that claims nos. 1,13,14 and 17 had been agreed; thereby leaving claims nos. 2, 3, 4(c) 4(d), 5, 6(a),7, v, 9, 10, 12, 15, 16 and 18 for determination by the tribunal.

12 Award

13 Claim No. 2 (a — c) Hours of work –

The tribunal was informed that the present hours of work are:

Office Staff — 37 ¹/₂ hours per week

Factory staff — 40 hours per week

The tribunal is not disposed to disturbing the existing arrangements and accordingly makes no award.

Claim No. 3 Saturdays, Sundays & public holidays –

The Tribunal awards that work done on Saturdays be at time and one half the employees' basic rate of pay and that for work done on Sundays and public holidays at twice the employees' basic rate of pay.

Claim No. 4 Allowances c) The tribunal awards that where an employee works for 2 hours or more beyond his normal working hours, he shall be paid a meal allowance of $3.00

(d) The tribunal makes no award.

Claim No. 5(a) Vacation leave

The existing arrangements are:

1 — 8 years service — 2 weeks

9-15 years service — 2 weeks oven 15 years service — 4 weeks

The tribunal awards vacation leave on the following basis:–

1 — 5 years completed service • 2 weeks

6 years and up, to 10 years — 3 weeks

11 years and over — 4 weeks

Claim No. 5 (b) Departmental leave –

The tribunal makes no award.

Claim No. 6(a) Sick leave –

The tribunal was informed that the present arrangements are that employees are entitled to 10 working days sick leave per annum after 1 year's service. Employees are also required to report illnesses as early as possible and to produce a medical certificate after three days. Sick leave can be accumulated to three (3) years up to a maximum of six (6) weeks.

In the circumstances the tribunal makes no award.

Claim No. 7 Maternity leave –

The tribunal awards that maternity leave be on the basis of

(a) four (4) weeks after 18 months service

(b) five (5) weeks after three (3) years service

Claim No. 08 Parity –

The tribunal makes no award.

Claim No. 9 Acting positions–

The tribunal awards that employees required to act in higher positions for two weeks or more shall be paid acting pay for the period in which he or she acts.

Claim No. 10 Salary –

The tribunal awards an increase of $12,00 for the first year commencing 1st May 1977 to 30th April 1978 and $10.00 for the second commencing year 1st May 1970 to 30th April 1979.

Claim No. 12 Redundancy –

The tribunal awards that severance pay be as set out below:–

• (a) 1 -10 years service — 2 weeks pay for each year of service.

• (b) over 10 years — for each completed year after 10 years — 3 weeks pay

Claim No. 15 Pension –

• (a) The tribunal was informed that the terms of the union claim accorded with the prevailing practice at the company. In the circumstances, the tribunal makes no award.

• (b) The tribunal agrees that the claim has merit and strongly recommends that both sides examine the possibilities of including workers representative, on the board of trustees.

Claim No. 16 Health plan –

The tribunal was informed that employees of the company are currently covered by a Blue Cross Plan which...