Coates Brothers (Jamaica) Ltd v The National Workers Union

• Jurisdiction: Jamaica
• Judge: Lloyd, C.,Holness, R.,White, R.
• Judgment Date: 30 November 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 62 of 1976
• Date: 30 November 1976

Industrial Disputes Tribunal

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

IDT 62 of 1976

Coates Brothers (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 8 ^th September, 1976, in accordance with section 11(1) of the Labour Relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement, an industrial dispute between the EMPLOYER and the TRADE UNION.

2 The Terms of Reference to the Tribunal were as follows –

“To determine and settle the dispute between Coates Brothers (Ja.) Limited on the one hand, and the unionized workers employed by the Company and represented by the National Workers Union on the other hand, over the union's claim for wage increases and 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	—	Employers' Representative
Mr. Dorrel White	—	Workers' Representative

4 The EMPLOYER was represented by –

Mr. Charles Wilmot

5 The TRADE UNION was represented by –

Mr. Donovan Hunter

SUBMISSIONS AND SITTINGS

6 Written briefs were submitted by the parties and oral submissions made at the sittings held on the 20 ^th and 21 ^st October, 1976.

HISTORY

7 The Company and the Union are parties to a Collective Labor Agreement which expired on the 30 ^th November, 1975. Since then the Company and the Union have met at the local level and at the Ministry of Labour and employment but were unable to resolve all their differences.

AWARD

8 Claim 1 WORKER PARTICIPATION

9 We make no Award, however, the Tribunal recommends that both the Company and the Union meet and discuss this matter with a view to finding a solution satisfactory to both parties.

10 Claim 2 WAGES

11 The Company in stating its case before the Tribunal pointed out that the present wages of section Leader included a sum of Five Dollars ($5.00) for operating a Forklift. However, the Company also stated that the other employees are also required to operate the Forklift from time to time and in the circumstances agreed that the payment of this amount to all employees would be equitable. The Tribunal in making its Award considers it necessary to state that driving the forklift is part of the duties of each employee.

12 Effective 1 ^st December, 1975 –

CATEGORIES	Present weekly Wages	1 st December, 1975 to 30 th November, 1976. 1 st Year	1 st December, 1976 to 28 th February, 1978. 2 nd Year
Section Leader Liquid Inks	$75	$91	$103
Section Leader Paste Products	$75	$91	$103
Assistant section Leader	$66	$82	$99
Millman	$58	$74	$91
Casual	$34.50	$50.50	$67.50

13 Claim 3 COMPASSIONATE LEAVE

14 Effective 1 ^st January, 1977 –

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