CMP Envelopes Ltd v The Union of Technical, Administrative and Supervisory Personnel

• Jurisdiction: Jamaica
• Judge: Lloyd, C.,Holness, R.,White, R.
• Judgment Date: 16 November 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 36 of 1976
• Date: 16 November 1976

Industrial Disputes Tribunal

Lloyd, C.; Holness, R.; White, R.

IDT 36 of 1976

CMP Envelopes Limited

and

The Union of Technical, Administrative and Supervisory Personnel

Labour Law - Trade Unions — Recognition

REFERENCE:

1 The Honourable Minister of Labour and Employment, by letter dated 14 ^th June, 1976, and in accordance with the provisions of section 5, Subsection 3 of the Labour Relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement, an industrial dispute between the EMPLOYER and certain of its employees represented by the trade union with the following Terms of Reference:–

“To settle the dispute as respects the category of workers of whom the ballot should be taken or the persons who should be eligible to vote in the ballot to determine the representational rights claim by the Union of Technical, Administrative and supervisory Personnel for a certain category of workers employed by CMP Envelopes Limited.”

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

Mr. James M. Lloyd	—	Chairman
Mr. Noel Holness	—	Employers' Representative
Mr. Dorrel White	—	Workers' Representative

3 The Employer was represented by –

Mr. R. Mahfood

Mr. H. Bucknor

4 The Trade Union was represented by –

Mr. R. Ennis

5 Witness called –

Mr. J. Hamilton

SUBMISSIONS AND SITTINGS

6 Written briefs were submitted by the parties and oral submissions were made at a sitting held on the 1 ^st September, 1976.

7 The Tribunal is not satisfied from the evidence presented that there is any difference between the duties and responsibilities of the workers comprising the bargaining unit currently represented by another union and the eight (8) employees on whose behalf the Union of Technical, Administrative Supervisory Personnel is seeking recognition.

8 Furthermore, in the opinion of the Tribunal, none of these employees perform duties of a managerial or supervisory nature.

9 Accordingly, the Tribunal finds that a case has not been made out for a poll to be taken with a view to the establishment of a separate bargaining unit in respect of the persons on behalf of whom the Union of Technical, Administrative and Supervisory Personnel has made a claim.

AWARD

10 The Tribunal Awards that the employees whose names appear on the list attached on behalf of whom the Union of Technical, Administrative and Supervisory Personnel is...