Jamaica Office Equipment Company Ltd v Trades Union Congress of Jamaica

• Jurisdiction: Jamaica
• Judge: Lloyd, C.,Holness, R.,Allman, R.
• Judgment Date: 17 August 1976
• Docket Number: IDT 23 of 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Date: 17 August 1976

Industrial Disputes Tribunal

Lloyd, C.; Holness, R.; Allman, R.

IDT 23 of 1976

Jamaica Office Equipment Company Limited

and

Trades Union Congress of Jamaica

Labour Law - Termination of Employment — Dismissal

REFERENCE:

1 By letter dated 31 ^st March, 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, an industrial dispute between Jamaica Office Equipment Company Limited and the Trades Union Congress of Jamaica.

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

“To settle the dispute between Jamaica Office Equipment Company Limited and the Trades Union Congress of Jamaica, as respects the categories of workers of whom a ballot should be taken or the persons who should be eligible to vote in the ballot to determine the claim of the union for bargaining rights on behalf of certain categories of the Company's workers.”

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

Mr. James M. Lloyd	—	Chairman
Mr. Noel Holness	—	Employers' Representative
Mr. Headley Allman	—	Workers' Representative

4 The Employer was represented by –

Mr. R.J. Kelly

5 The Union was represented by –

Mr. Sydney Lewis

Mr. V. Harvey

Mr. W. Wallace

SUBMISSIONS AND SITTINGS

6 Written briefs were submitted by the parties and oral submissions made at the sitting held on the 5 ^th August, 1976.

7 Following the submissions o the parties to the dispute, the parties agreed that the list attached at Appendix “A” are the names of the workers now on the Company's payroll who are eligible to vote in a ballot to determine the claim of the Union for bargaining rights.

8 The parties also agreed that the list does not include Supervisory, Managerial or Clerical Staff.

AWARD

9 Accordingly, the Tribunal awards that the workers whose names are recorded in Appendix “A” are entitled to vote in a Poll to be conducted by the Ministry of Labour and Employment to establish the Union's claim for bargaining rights on behalf of the workers.

DATED THIS 17 ^th DAY OF AUGUST, 1976.

Sgd. James M. Lloyd,

Chairman.

Sgd. Noel Holness

Employers' Representative.

Sgd. Headley Allman,

Workers' Representative.

Witness

Henry A. Brash,

Secretary.

APPENDIX “A”

NAMES OF WORKERS EMPLOYED TO JAMAICA OFFICE EQUIPMENT...