Gleaner Company Ltd v Bustamante Industrial Trade Union

• Jurisdiction: Jamaica
• Judge: Lloyd, C.
• Judgment Date: 15 May 1978
• Date: 15 May 1978
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: 20 of 1977

Industrial Disputes Tribunal

Lloyd, C.

20 of 1977

Gleaner Co. Ltd

and

Bustamante Industrial Trade Union

Labour law - Trade unions — Improved Fringe Benefits

Labour law - Trade unions — Improved Conditions of Employment.

REFERENCE:

1 The Honourable Minister of Labour, by letter dated 18th July 1977 and in accordance with section 5, subsection 3 of the Labour Relations and Industrial Disputes Act, 1975, referred to the Industrial Disputes Tribunal for settlement, the dispute between the Gleaner Company Limited and the Bustamante Industrial Union.

2 The terms of reference to the tribunal were as follows –

“To determine and 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 claim of the Bustamante Industrial Trade Union for bargaining rights on behalf of certain categories of workers employed by the Gleaner Company Limited.”

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. Headley Allman — Workers' Representative

4 However, before an award was made, Mr. James Lloyd became incapacitated. Mr. B W. Lynch was selected its his stead and consideration of the dispute was finalised in accordance with the provisions of Section 8(4) of the Act.

5 The company was represented by –

Mr. E. Ashenheim — Legal

Mr. R. Clarke

Mr. C. Roberts

Mr. H. W. Burke

Mr. I: Roxborough

6 The trade union was represented by –

Mr. L. H. Beckford

Mr. R. Williams

7 Submissions and Sittings

8 Five sittings were held between 26th October, 1977 and 27th April, 1978.

9 The Tribunal has taken into consideration for the purposes of settling the dispute, the matters mentioned in regulation 4 of the Labour Relations and Industrial Disputes Act, 1975, and accordingly awards that a persons who are eligible to vote in a ballot to determine the claim of the Bustamante Industrial Trade Union for bargaining rights on behalf of certain categories of workers employed by the Gleaner Company Limited are named hereunder:–

C. Scott P. Gordon (Mrs.)

P. Hugh (Mrs.) C. Mitchell (Mrs.)

T. Lim Valerie Graham

A. W. Phillips S. O. PALMER

K. Clarke (Mrs.) L. A. Buchanan

J. Lemon A. Bowen

D. Garfield G. Armond

V. Smith (Mrs.) L. Hall

I. Blake (Mrs.) Clover Gordon (Mrs.)

V. Thompson (Mrs.) F. Bennett (Mrs.)

B....