Industrial Gases Ltd v Bustamante Industrial Trade Union

• Jurisdiction: Jamaica
• Judge: Martin, C.
• Judgment Date: 16 February 1978
• Docket Number: 49 of 1977
• Court: Industrial Dispute Tribunal (Jamaica)
• Date: 16 February 1978

Industrial Disputes Tribunal

Martin, C.

49 of 1977

Industrial Gases Ltd.

and

Bustamante Industrial Trade Union

Labour law - Trade unions — Recognition.

JUDGMENT:

1 By letter dated 2nd November, 1977, the Honourable Minister of Labour in accordance with section 5, sub-section 3 of the Labour Relations and Industrial Disputes Act, 1975, referred to the tribunal for settlement, the dispute between Industrial Gases Limited and the Bustamante Industrial Trade Union.

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

“To determine and settle the dispute as respects the categories of workers of wham a 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 at Industrial

Gases Limited.”

3 The division of the tribunal selected in accordance with section 8(2) of the Act to hear the dispute was:

Dr. John Martin — Chairman

Mr. J. Murray Harris — Employers' Representative

Mr. Edward Dixon — Workers' representative

4 The employer was represented by:

Mr. Peter Macs (legal)

Mr. V. R. Smith

5 The union was represented by:

Mr. Lascelles Beckford

Mr. Dennis Wright

6 Submissions and Sittings

7 Written briefs were submitted by the parties and oral submissions made at the sitting held on 30th January, 1978.

8 At the hearing it was agreed by both parties that the list names of workers submitted by the union should be amended by deletion of names:

B. Besay — Accounting clerk.

W. Hall — cashier

A. Walkers — Accounting clerk

9 The company and the union were in agreement as to the persons who should be entitled to vote in the poll with the single option of Mrs. L. Phillips, secretary to the financial controller, the company contended was a part of the management team and a confidential employee. The union contended that the secretary to the financial controller does not perform a confidential function to senior management of the company.

10 Award

11 The Tribunal awards that the persons named in the list ended hereto are the persons eligible to vote in the ballot to ermine the claim of the union for bargaining rights.

12 Categories of workers at Industrial Gases Limited

13 Secretary

L. Phillips — Secretary — Financial Controller

14 Supervisors

L. Capelton-Jackson	— Accounting Assistant
E. Wallace	—...