Jamaica Omnibus Services Ltd v The Union of Technical, Administrative and Supervisory Personnel

• Jurisdiction: Jamaica
• Judge: Lynch, C.,Plant, R.,Dixon, R.
• Judgment Date: 21 May 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 12 of 1976
• Date: 21 May 1976

Industrial Dispute Tribunal

Lynch, C.; Plant, R.; Dixon, R.

IDT 12 of 1976

Jamaica Omnibus Services Limited

and

The Union of Technical, Administrative and Supervisory Personnel

Labour Law - Industrial Disputes — Wage Increases

Labour Law - Industrial Disputes — Fringe Benefits

REFERENCE:

1 On the 24 ^th February, 1976, the Honourable Minister of Labour and Employment, in accordance with section 9(4) of the Labour Relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement, an industrial dispute between the Employer and certain of its employees represented by the Trade Unions, with the following Terms of Reference –

“To settle the dispute between the Jamaica Omnibus Services Limited on the on e hand and certain employees of the Company, represented jointly by the Bustamante Industrial Trade Union and the National Workers Union on the other hand, over the Unions' claims for wage increases and fringe benefits.”

2 The division o the Tribunal selected in accordance with section 8(2) of the Act was as follows:–

Mr. Basil Lynch	—	Chairman
Mr. Owen Plant	—	Employers' Representative
Mr. Edward Dixon	—	Workers' Representative

3 The Employer was represented by –

Dr. K. Rattray

Mr. Hugh Bonnick

Mr. Fred Barrows

Mr. Keith Noad

Mr. Neville Royes

Mr. B. Baron

4 The Trade Unions were represented by –

Mr. Lascelles Beckford	—	Bustamante Industrial Trade Union
Mr. Errol Anderson	—	Bustamante Industrial Trade Union
Mr. O. Thompson	—	Bustamante Industrial Trade Union
Senator Carlyle Dunkley	—	National Workers Union
Mr. Lloyd Coodleigh	—	National Workers Union
Mr. Eric Harris	—	National Workers Union
Mr. C. Brown	—	National Workers Union

SUBMISSIONS AND SITTINGS

5 The parties submitted written briefs and made oral submissions at the eight sittings which were held over the period 16 ^th March, 1976 to 29 ^th April, 1976.

THE DISPUTE

6 The joint claim from the Unions which the Tribunal was asked to consider involved a total of 43 items; 27 in an original list and 16 in a supplemental list. The parties however agreed to endeavour to settle by negotiations such items of the dispute as was possible at the ‘local level’. As a result, substantial agreement was reached on several items of the Claim. ‘vide’ Memo of Agreement attached, leaving the balance to be determined by the Tribunal.

7 The Award of the Tribunal on these items appears below. In making its award and in particular in determining the new wage rates, the Tribunal has given serious consideration to all the relevant factors including:

• (a) the economic circumstances of the country;

• (b) the question of comparability

• (c) the relatively low wages being paid to Jamaica Omnibus services workers, and

• (d) the consequential hard-ships flowing therefrom.

8 In all the circumstances, the Tribunal considers it necessary to provide for a progressive improvement in the wages of the workers over and above the existing wage guidelines, but having the due regard to the need to impose some measure of restraint.

9 The Tribunal has not been insensitive to the fact that the cost of the operations of the Company will increase significantly, with consequences for the traveling public, but it considers that it is essential that the conditions of employment of the Jamaica Omnibus Services workers should be improved as one of the basis on which a better service may be provided.

AWARD

10 Claim No. 1 DURATION

The effective date of this award is from 1 ^st January, 1976 to 31 ^st December, 1977.

11 Claim No. 2 THE WORK WEEK

We make no award.

12 Claim No. 3 OVETIME

• (1) We award that overtime be calculated on a daily basis.

• (2) We award the following premium rates for hours worked;

  • (a) On Saturdays — time and one half

  • (b) On Sundays — double time

  • (c) On Public Holidays- triple time

  • (d) On Rest Days — double time

13 Claim No. 4 VACATION LEAVE

We make no award.

14 Claim No. 6 SICK LEAVE

We make no award

15 Claim No. 7 DEPARTMENTAL LEAVE

We award that Departmental Leave at the rate of 4 days per annum be granted.

16 Claim No. 9 REGRADING

We make no award.

17 Claim No. 10 ALLOWANCES

• (1) Shift Premium)

• (2) Laundry Allowance) We make no award.

• (3) Seniority Allowance)

• (4) We award a lunch allowance of $3.00 per day to Maintenance Staff who are required to leave base.

18 Claim No. 11(a) DEPOT DRIVERS

19 The Company has agreed that they should receive Wrecker Drivers pay when they perform that function.

• (b) The Company has agreed that Wrecker Drivers be upgraded to skilled workers provided they have the requisite skills. We make no award.

20 Claim No. 12 DUAL SKILL

We make no award.

21 Claim No. 13 BREAK PERIODS

We make no award.

22 Claim No. 18(2) SHOES

We make no award.

23 Claim No. 19(a) STAFF AND BUS SERVICE

We award that triple time be paid for the hours spent with broken down units.

24 Claim No. 23 INSURANCE/PROVIDENT FUND/MEDICAL SCHEME

We make no award.

25 Claim No. 27 WAGES.

We award new wages rates for the period commencing 1 ^st January, 1976 and ending on 31 ^st December, 1976 and also a further increase on these rates of $10.00 across-the-board to each worker with effect from 1 ^st January, 1977. Details of these increases are set out in the attached New Wage Schedule.

26 Claim S1(b) DRIVERS WITH MECHANICAL EXPERIENCE.

We make no award.

27 Claim S2 PREMIUM PAY FOR TIME TRAVELLING TO AND FROM WORK

We make no award.

28 Claim S3 BREAK PERIODS

We make no award.

29 Claim S4 ROUTE PREMIUM

We award an increase in the route premium from 50¢ to 75¢ per day.

30 Claim S5 LIFE INSURANCE SCHEME

We make no award.

31 Claim S8 PENSION SCHEME

We make no award.

32 Claim S10 RETIREMENT CONTRIBUTION

We make no award.

33 Claim S12 STAFF BUSES

We make no award.

34 Claim S14 MEDICAL SCHEME

We make no award.

DATED THIS 21ST DAY OF MAY, 1976.

Sgd. Mr. Basil Lynch

Chairman.

Sgd. Mr. Owen Plant

Employers' Representative.

Sgd. Mr. Edward Dixon

Workers' Representative.

Witness:

Y.D. Fidler (Mrs.

Secretary

NEW WAGE SCHEDULE

JAMAICA OMNIBUS SERVICES LIMITED

CATEGORY	NO.	EXISTING WEEKLY WAGE RATE $	NEW WAGE RATE FROM 1/1/76 $	WAGES FROM 1/1/77 $
Drivers L Rota Top 2 Year 1 Year Prob.	75 528 144 35 64	48.00 46.48 45.20 43.60 40.00	77.00 75.00 73.00 71.00 66.00	87.88 85.00 83.00 81.00 76.00
Conductors L Rota Top 1 Year Prob.	63 664 71 51	36.40 34.40 33.60 30.40	61.00 59.00 57.00 52.00	71.00 69.00 67.00 62.00
Mechanics Skilled A/S/Sk. Improvers	148 83 67 26	56.00 49.20 43.20 34.00	85.00 75.00 61.00 60.00	95.00 85.00 71.00 70.00
Steam Cleaners/Op.) Mech. Sweeper/Op.) Tyremen General (M1) General (M2) General (F) Watchmen Janitors) Messengers)	2 - 10 43 17 74 35 64	32.00 32.00 33.20 32.00 30.00 25.20 35.20 30.00 30.00	55.00 55.00 58.00 55.00 55.00 55.00 55.00 55.00 55.00	65.00 65.00 68.00 65.00 65.00 65.00 65.00 65.00 65.00
Wrecker Drivers Forklift Operator		48.00 43.60	77.00 70.00	87.00 80.00
Clerical Cash Payroll Stats. Detail Statement Grade 111 Typist	32 1 20 56 6 59 6	43.13 43.13 42.00 43.13 42.00 37.50 39.38	75.00 75.00 70.00 70.00 70.00 65.00 65.00	85.00 85.00 80.00 80.00 80.00 75.00 75.00

MEMORANDUM OF AGREEMENT

BETWEEN THE JAMAICA OMNIBUS SERVICES ON THE ONE HAND AND THE NATIONAL WORKERS UNION AND THE BUSTAMANTE INDUSTRIAL TRADE UNION ON THE OTHER HAND, ARRIVED AT FOLLOWING NEGOTIATIONS BETWEEN THE PARTIES TO FORM PART OF THE AWARD OF THE INDUSTRIAL DISPUTES TRIBUNAL

ITEM 5 — MATERNITY LEAVE

35 The company and the Unions agreed that all female staff would be entitled to the same amount of Maternity Leave i.e. eight weeks with pay. The employee must have served two years to qualify in the first instance. A period of three years should elapse between each paid leave facility taken.

ITEM 8 — DELEGATES' ACTIVITIES

36 The Company and the Unions agreed to review the question of delegates' activities in keeping with the new disciplinary procedure to be agreed upon.

ITEM 11 — REGRADINGS

• (a) The Company and the Unions agreed that there would be equal pay for equal work.

• (b) The Company and the Unions agreed that any reclassification would be the subject of trade testing to be agreed.

• (c) The Company and the Unions agreed that this system was already in operation.

ITEM 11 — REGRADINGS

ITEM 14 — RECORDING RETURNED TICKETS ON WAYBILL

37 The Company and the Unions agreed to continue discussion on this item.

ITEM 15 — REVISION OF GRIEVANCE PROCEDURE AND DISCIPLINARY CODE

38 The Company and the Unions agreed that a revised Disciplinary Procedure was necessary and to this and both parties undertook to review the extension situation as soon as possible.

ITEM 16 — RULE BOOK

39 The Company and the Unions agreed in principle that a Rule Book was necessary.

ITEM 17 — PROMOTIONS

40 The Company and the Unions agreed to the principle of internal promotion subject to the requisite qualifications.

ITEM 18 — UNIFORMS

• (1) The Company and the Unions agreed that the fabric for uniforms will be changed when the present available stock becomes exhausted.

• (2) The Company and the Unions agreed to the establishment of the (a) & (b)...