ESSO West Indies Ltd (Kingston Oil Refinery) v National Workers Union
Industrial Disputes Tribunal
No. 12 of 1977
Labour law - Collective agreement — Wage increases.
Labour law - Collective agreement — Improved fringe benefits.
The Honourable Minister of Labour, by letter dated 21 st June 1977 in accordance with Section 11 of Labour Relations and Industrial Disputes Act, 1975 referred to the Industrial Disputes Tribunal for settlement, an industrial dispute between the EMPLOYER and the TRADE UNION.
The Terms of Reference to the Tribunal are as follows:
“To determine and settle the dispute between Esso West Indies Limited (Kingston Oil Refinery) on the one hand and the unionised workers employed by the Company arid represented by the National Workers Union on the other hand over the Union's claims for increased wages arid improved fringe benefits on behalf of the said workers.”
The division of the Tribunal selected in accordance with Section 8(2) of the Act was–
Mr. James Lloyd
Mr. Noel Holness
Mr Dorrel White
The Employer was represented by–
Mr. Tom Point Dextor
Mr. Vernon Meikle
Mr. Ramon Gordon
The Trade Union was represented by–
Senator Carlyle Dunkley
Mr. William Virtue
The Tribunal met on the 22nd of June 1977 end was informed by the Union that the workers involved in the dispute were on strike.
An order was issued to the parties to cease industrial action with effect from 7.00 A.M. on the 23rd June 1977.
The Tribunal reconvened on the 23rd June 1977 and was requested by Union to extend the order for resumption to 8.00 A.M., 24th June 1977. The Union also stated that it was their desire to resume negotiations at local level. The request was granted.
The Tribunal again reconvened on the 24 th June 1977 and the parties were informed that no further extension would be granted.
At a sitting on the 8th of July 1977, the parties informed the Tribunal that agreement had been reached at the local level; that there had been a resumption of work and they requested, the Tribunal to make an Award in the terms of the Agreement attached hereto.
The tribunal awards accordingly.
DATED THIS 15th DAY OF JULY 1977.
James Lloyd, Chairman.
Noel Holness, Employers' Representative.
Dorrel White, Workers' Representative,
“The following constitutes the amendments made to the Collective Labour Agreement between the NATIONAL WORKERS UNION representing hourly rated employees in the Refinery and Lube Plant and ESSO WEST INDIES LIMITED. The new Agreement commences on 17th March, 1977.
These amendments were either mutually agreed to by the parties or awarded by the Industrial Disputes Tribunal.
Vacation accumulation is allowed to enable the taking of up to eight (8) weeks in any one year provided the usual procedure of written notice and Management's approval as mentioned in Clause 13 of the Collective Labour Agreement are applied.
In the attachment below the actual change in the wording of Clause 13 re Vacation in respect of vacation accumulation is indicated, starting with the word “In” in the third paragraph to the end of that paragraph.
In cases where such accumulation has been approved, the employee must liquidate all accumulated vacation in the third year following and will not be eligible for further carry-over. The maximum number of days which an employee may request to accumulate shall be the difference between his full entitlement and seven (7) calendar days, but no employee may in any one calendar year take more than eight (8) weeks vacation.
The Shift Premium shall now be 15¢ per hour.
If a continuous shift employee as part of his 40-hour work-week is scheduled to work on a Sunday, then his pay for the Sunday shall be at double time.
Employees who use their private motor vehicles to report for emergency call-out duty shall be granted an allowance of J$4.00 per round trip,
Triple time shall be paid for all hours worked on Public Holidays with the first four (4) hours guaranteed if the holiday falls on the employee's rest day.
In case of death in the immediate family of an employee, he shall be granted two (2) days leave without loss of pay. Management's discretion may cause this period to be extended in individual cases.
The wording in this paragraph shall be as follows:
“All hours worked beyond the end of the scheduled work-day as defined in this Agreement to be paid at the appropriate overtime rate.”
It is agreed that the Company and the Union will adopt whatever is agreed to on vacation entitlement at the Esso Marketing negotiations now in progress.
Two (2) years with a wage re-opener after fourteen (14) months, i.e., March 17, 1977 to March 16, 1979, for fringe benefits and wage re-opener effective May 16, 1978.
(1) Qualifying period for entitlement to Severance nay shall be two (2) years continuous service.
(2) Payment shall be calculated as follows:
Three (3) weeks base pay (120 hours exclusive of all premium) for each year of service completed.
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