Good Year Jamaica Ltd v Bustamante Industrial Trade Union

• Jurisdiction: Jamaica
• Judge: Martin, C.,Harris, R.,Allman, R.
• Judgment Date: 03 November 1976
• Date: 03 November 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 24 of 1976

Industrial Disputes Tribunal

Martin, C.; Harris, R.; Allman, R.

IDT 24 of 1976

Good Year Jamaica Limited

and

Bustamante Industrial Trade Union

Labour Law - Trade Unions — Recognition

REFERENCE:

1 By letter dated 12 ^th April, 1976, the Honourable Minister of Labour and Employment in accordance with section 5, Subsection 3 of the Labour Relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement, the dispute between Goodyear Jamaica Limited and the Bustamante Industrial Trade Union.

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

“To determine and settle the dispute between Goodyear Jamaica Limited on the one hand and the Bustamante Industrial Trade Union on the other hand as respects the categories of workers of whom a ballot should be taken or the persons who would be eligible to vote in the ballot to determine the claim of the Union for bargaining rights on behalf of certain categories of workers employed by the Company.”

3 The division of the Tribunal selected in accordance with section 8(2) of the Act to hear the dispute was comprised of –

Dr. John Martin	—	Chairman
Mr. J. Murray Harris	—	Employers' Representative
Mr. Headley Allman	—	Workers' Representative

4 The Employer was represented by –

Mr. Emile George (Legal)

Mr. Paul Afflick

5 The Union was represented by –

The Rt. Honourable Hugh Shearer

Mr. W. Harvey

Several Worker/Delegates were in attendance

SUBMISSIONS AND SITTINGS

6 Written briefs were submitted by the parties and oral submissions were made at the 2 sittings held on the 27 ^th and 28 ^th September, 1976.

7 Following the submissions, the parties agreed that the list attached at APPENDIX A are the names of the workers now on the Company's payroll.

AWARD

8 The Tribunal awards that the workers whose names are recorded on APPENDIX A are the persons eligible to vote in the ballot to determine the claim of the Union for bargaining rights on behalf of certain categories of workers employed by the Company.

DATED THIS 3RD DAY OF NOVEMBER, 1976.

Sgd. John Martin,

Chairman.

Sgd. J. Murray Harris,

Employers' Representative.

Sgd. Headley Allman,

Workers' Representative.

Witness:

Sgd. Henry A. Brash

Secretary.

APPENDIX A

LIST OF WORKERS AT GOODYEAR JANAICA LIMITED

Technical	Supervisory
L. Lyn	E. Haye
N. Campbell	G. Cameron
R. Gordon	K. Moyston
T. Malcolm	A. Jones
H. McWhinney	G. Hinds
E. Ewan	D. Phillips
C. Murray	P. Lewis
G. Lawrence	R. Watson
D. Bowen	E. Ramsay
Security	A. Silvera
B. Shrouder	R. Moodie
S. Thomas	L. Walker
L. James	A. Beckford
S. Allen	L. Grayson
Clerical	W. Lindsay
V. Mendez	A Stuart
S. Donnegal	W. Barclay
K. Laidlaw	B. Barnes
S. Small	W. Johnson
N. Bonnie	W. Campbell
L. Edman	R. Smith
M. Young	C. Outar
K. Boyd	G. Gollab
R...