Caribbean Cement Company Ltd v National Workers Union
| Jurisdiction | Jamaica |
| Judge | Lynch, C.,Plant, R.,Dixon, R. |
| Judgment Date | 30 June 1976 |
| Date | 30 June 1976 |
| Court | Industrial Dispute Tribunal (Jamaica) |
| Docket Number | IDT 16 of 1976 |
Industrial Dispute Tribunal
Lynch, C.; Plant, R.; Dixon, R.
IDT 16 of 1976
Labour Law - Industrial Disputes — Go — Slow — Remuneration During go — Slow
The Honourable Minister of Labour and Employment, by letter dated 5 th March, 1976, under the provisions of section 11 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 any existing disputes between Caribbean Cement Company Limited on the one hand, and the Production Workers employed by the Company, and represented by the National Workers Union of Jamaica on the other hand.”
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 |
The Employer was represented by –
Mr. Emil George Q.C. (Legal)
Mr. Edward Ashenheim (Legal)
Mr. Sydney Chen See
Mr. C.A. Foster
Mr. M. Rainford
The Trade Union was represented by –
Senator Carlyle Dunkley
Mr. C. Rodney
Mr. I.M. Jones
A number of Worker/Delegates were in attendance.
Written briefs were submitted by the parties and oral submissions were made at the five sittings held between the 8 th April, 1976 and the 28 th May, 1976. In addition, ten (10) exhibits were tendered in evidence.
The first disputes was in connection with a Claim for payment to the workers during the period 27 th February to 4 th March, 1976, when the Cement Plant closed as a result of a go-slow on the part of the workers. However, by letter dated 3 rd June, 1976, this claim was withdrawn by the Union and in the circumstances, the Tribunal makes no award.
The second dispute is in connection with a 36 point claim on the Company affecting wages and other conditions of service. Early in the proceedings, the parties agreed to endeavour to settle by negotiation such items of the dispute as was possible at the local level. As a result, substantial agreement was reached on several items o the Claim ‘vide’ Ex. A memorandum of agreement dated 23 rd June, 1976 attached; leaving the balance to be determined by the Tribunal. The parties also agreed that a “fair wage” Ex. B Clause in terms of the attached draft would be included in future collective Labour Agreements.
The Award of the Tribunal on the residual items o the claim appears below.
Claim No. 2 REVIEW OF PUBLIC HOLIDAY CLAUSE 11(b)
The Tribunal awards that the Clause be amended to provide that when 2 public holidays fall on successive days, to qualify for payment for both days, the worker must report on the day preceding and on the day following the holidays and that he should be paid for either the 1 st or the 2 nd holiday and not for both if he reports to work on the day preceding only or on the day following only. The Tribunal hopes that this will not encourage absenteeism — if it does the matter will no doubt come up for further review.
Claim No. 6 SPECIAL INCENTIVE — MAINTENANCE CONVEYOR BELT
We make no Award.
Claim No. 8 SPECIAL ALLOWANCE FOR RAW MILLER
We Award a special allowance not compounded of 7 cents and 5 cents per hour to be paid to the Raw Miller and the Assistant Raw Miller respectively for the period beginning 1 st May, 1975 and ending when the Company provides an additional Assistant Raw Miller.
Claim No. 9 (c) ELECTRICIANS
We Award that electricians be classified in Group 2 instead of Group 3.
Claim No. 9 (b) FITTERS
We Award that Fitters be classified in Group 2 instead of Group 4(a). As regards Euclid Diesel Mechanic. We make no Award.
Claim No. 9 (c) PACKERS
We Award that Packers be classified in Group 5 instead of Group 6.
Claim No. 11 PUBLIC HOLIDAY NOT WORKED
We make no Award.
Claim No. 13 TRANSPORTATION
We make no Award.
Claim No. 16 VACATION LEAVE
We make no Award.
Claim No. 18 INCREASE IN PROFIT SHARING BONUS
We make no Award.
Claim No. 19 WORK ON PUBLIC HOLIDAYS AND DAYS OFF
We Award triple time for work on public holidays and double time for work on days off.
Claim No. 25 SHIFT PREMIUM
We Award an increase in shift Premium from 11 cents to 14 cents per hour.
Claim No. 34 HEIGHT PAY
We Award that the existing Height Allowance be doubled.
Claim No. 36 WAGES
The Claim is for an increase by 200% on current rates on a contract to run for eighteen months from 1 st January, 1976.
We Award an increase of 25% on existing wages for eighteen months commencing 1 st January, 1976.
DATED THIS 30TH DAY OF JUNE, 1976.
Sgd. Basil Lynch
Chairman
Sgd. Owen Plant
Employers' Representative
Sgd. Edward Dixon
Workers' Representative
Witness:
Sgd. Y.D. Fidler (Mrs.)
Secretary.
Agreement has been reached between the Caribbean Cement Company...
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