Hardware and Lumber Ltd v Bustamante Industrial Trade Union

 
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Industrial Disputes Tribunal

Lynch, C.

No. 22 of 1977

Hardware and Lumber Ltd.
and
Bustamante Industrial Trade Union

Labour law - Collective agreement — Wage increases.

Labour law - Collective agreement — Improved fringe benefits.

Reference:
1

The Honourable Minister of Labour and Employment by letter dated 2 nd August, 1977, in accordance with Section 11(1) of the 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.

2

The terms of reference to the Tribunal were as follows:

“To determine and settle the dispute between the Hardware and Lumber Limited on the one hand and certain categories of workers employed by the Company represented by the Bustamante Industrial Trade Union on the other hand, over the Union's claim for wage increases and improved 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. Basil Lynch

Chairman

Mr. Owen Plant

Employers' Representative

Mr. Dorrel White

Workers' Representative

4

The Employer was represented by–

Mr. Peter Mais (Legal)

Mr. Carlton Hopkins

Mr. Owen Moss-Solomon

5

The Trade Union was represented by–

Mr. Errol Anderson

Mr. R. Williams

Several Worker/Delegates

Submissions and Sittings
6

Written briefs were submitted by the parties and three (3) sittings were held on the 5th, 24th October 1977 and 14th November 1977.

7

The Company and the Union were parties to a Collective Labour Agreement dated 28th May 1975 covering the period 1st January 1975 to 30 th September 1976 letter dated 4th August 1976, the Union served a 13 point claim on the Company for increased wages and unproved working conditions on behalf of the workers covered by the Agreement.

8

Particulars of the Claim are set out hereunder –

  • “(1) Regarding of Forklift Operators, Drivers (trailer, truck and van).

  • (2) Time-and-one-half pay for work done during lunch hours.

  • (3) Redundancy payment to be on the basis of: –

    • 1 — 10 years 4 weeks per year, over 11 years 3 weeks per year.

  • (4) Double time pay for work done on Saturdays and triple time pay for work done on Public Holidays and Sundays,

  • (5) Implementation of a proper safety programme and supply.

  • (6) Special allowance for Charge Hand.

  • (7) Uniform allowance to be increased to Five Dollars ($5.00) per week.

  • (8) Improvement of the present Health Insurance Scheme.

  • (9) Implementation of a Superannuation Scheme.

  • (10) Vacation leave to be on the basis of: –

    • 1 — 4 years 2 weeks, 5 — 3 years 4 weeks, 9 — 15 years 6 weeks, 15 years and over 8 weeks.

  • (11) Increased rate of pay to workers who are required to work above their classification.

  • (12) Emergency leave of seven days per annum

  • (13) A general wage increase of Fifty Percent (50%).”

9

At the meeting of the Tribunal on 14th November 1977, the parties reported –

  • (i) that Claims Nos. 2,3,4,8,9,11 and 12 were withdrawn and,

  • (ii) that agreement had been reached on Claims Nos. 1,5,6,7,10 and 13 — copy of the Agreement which is dated 14 th November 1977 is attached.

10

In the circumstances, the Tribunal makes no award.

11

DATED THIS 23rd DAY OF NOVEMBER1977.

12

Basil Lynch, Chairman.

13

Owen Plant, Employer's Representative.

14

Dorrel White, Workers' Representative.

15

Witness,

16

Winsome Salmon (Miss),

17

Ag. Secretary.

AGREEMENT

“THIS AGREEMENT made on the 14th day of November One Thousand Nine Hundred and Seventy-Seven BETWEEN HARDWARE & LUMBER LIMITED (hereinafter called “the Company”) of the ONE PART and BUSTAMANTE INDUSTRIAL TRADE UNION of 98-100 Duke Street in the Parish of Kingston (hereinafter called “the Union”) acting on behalf of and representing the-Employees (as hereinafter defined) of the Company of the OTHER PART is supplemental to the Agreement made on the 20th May, 1975 and WITNESSETH:

1. The Company recognises the Union as the exclusive bargaining representative of the employees unless and until some other Union shall secure bargaining rights for the Employees in accordance with the provisions of the Labour Relations and Industrial Disputes Act.

AGREEMENT
18

Bargaining Unit

2. For the purpose of this Agreement “The Employees” mean all the Employees of the Company employed in the categories listed in the Schedule hereto, and in this Agreement words importing the masculine gender include the feminine.

19

Retroactive Pay

3. The Company agrees to pay the Employees wages at the rates set out in the Schedule hereto, with effect from the several times therein set out.

4. The Company may in its discretion increase the pay of any individual Employee or category.

20

Annual Vacation Leave

5. The following provisions shall from 198 amend the provisions contained in Clause 13 of the said Agreement of the 28th May 1975 –

  • (a) In addition to the holidays mentioned in paragraph 13 (b) of the said Agreement of the 23rd May 1975, from 1978 Employees who have completed five years of continuous service with the Company will be allowed a third week's holiday with pay each year. Employees who have completed ten years of continuous service with the Company will be allowed a fourth week's holiday with pay each yeas and Employees who have completed twenty years of continuous service with the Company will be allowed a fifth week's holiday with pay each year.

  • (b) No Employee who so qualifies shall, however, be entitled to take more than four successive weeks holiday at any one time.

21

Safety Equipment

6. With effect from the date hereof the Company will provide the Employees in Groups I,II and III in the Schedule hereto hard hats.

22

Laundry Allowance

7. With effect from the date hereof the Company will increase the laundry allowance from 60¢ to $1.50.

23

Duration of Wage

8. The rates of pay and the other terms and conditions of employment of the Employees established by this Agreement shall remain in force until the 30th September 1973, and the Employees shall not be entitled (either through a Union or...

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