Goodyear Jamaica Ltd v Bustamante Industrial Trade Union

• Jurisdiction: Jamaica
• Judge: Lynch, C.
• Judgment Date: 20 December 1977
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: No. 52 of 1977
• Date: 20 December 1977

Industrial Disputes Tribunal

Lynch, C.

No. 52 of 1977

Goodyear Jamaica Ltd.

and

Bustamante Industrial Trade Union

Labour law - Industrial disputes — Improved fringe benefits.

Labour law - Industrial disputes — Wage increases.

1 Reference:

2 The Honourable Minister of Labour, by letter dated 14th November, 1977, in accordance with Section 11 of the Labour Relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement the dispute between the COMPANY and the TRADE UNION.

3 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 certain Clerical, Technical, Security and Supervisory Personnel employed by the Company and represented by the Bustamante Industrial Trade Union on the other hand over a claim served on the Company by the Union for increased wages and fringe benefits on behalf of the said employees, having regard to the Union's revised proposals and the Company's offer”.

4 The division of the Tribunal selected in accordance with Section 8(2) of the Act was-

Mr. Basil Lynch — Chairman

Mr. Noel Holness — Employers' Representative

Mr. Dorrel White — Workers' representative

5 The COMPANY was represented by;

Mr. Emit George, Q.C. (Legal)

6 The TRADE UNION was represented by:

Rt. Hon. Hugh Shearer

Submissions and Sittings

7 Written briefs were submitted by the parties and oral submissions made at the sitting on Thursday 15th December 1977.

8 On 15th March, 1977, the Union, pursuant to a poll taken by the ministry of Labour, obtained collective bargaining rights on behalf of certain Clerical, Technical, Security and Supervisory staff employed to the Company and by letter dated 2nd June, 1977, the Union submitted specific proposals which it sought to make the basis of a contract covering wages and working conditions on behalf of the said workers.

9 These specific proposals are set out hereunder:

1

Fifty percent (50%) increase on rates up to and including Six Thousand Dollars ($6000.00) per annum. Thirty three-and-one-third percent (331/3%) increase on rates in excess of Six Thousand Dollars ($6,000.00), p.a. 2. Thirty-five (35) hour single time work week Monday to Friday, 3. Guaranteed pay of four (4) hour-at time-and-half rate, when workers are required to work in excess of Seven (7) hours on any day, Monday to Friday. 4. Double-time pay for overtime work in excess of four (4) hours on any day between Monday to Friday. 5. Double-time pay for the first seven (7) hours worked on Saturdays. 6. Double-time for the first seven (7) hours worked on Sundays. 7. Triple time pay for all hours worked on Public Holidays and for work in excess of Seven (7) hours on Saturdays and Sundays, 8. Shift premium of Fifteen percent (15%) of Salary for shift workers for 1st and 2nd shifts. Twenty-five percent (25%) shift premium for work on 3rd shift (“Graveyard”). 9. Maternity leave with pay for Twelve (12) weeks of leave period, with guaranteed reinstatement and without break in service record of workers. 10. Ten (10) days leave with pay per annum for urgent personal reasons, to be separate and apart from sick or vacation leave. 11. Provision by the Company of Life Insurance, Accidental Death, and Disability Insurance to the value of not less than Four (4) years' salary...