Jamaica Oxygen & Acetylene Ltd v Union of Clerical, Administrative & Supervisory Employees

• Jurisdiction: Jamaica
• Judge: Lynch, C.
• Judgment Date: 18 January 1978
• Date: 18 January 1978
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: No. 39 of 1977

Industrial Disputes Tribunal

Lynch, C.

No. 39 of 1977

Jamaica Oxygen & Acetylene Ltd.

and

Union of Clerical, Administrative & Supervisory Employees

Labour law - Trade unions — Recognition.

JUDGMENT:

1 The honourable Minister of Labour, by letter dated 19 ^th September, 1977, 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 Oxygen and Acetylene Limited and the Union of Clerical, Administrative and Supervisory Employees.

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

“To determine and settle the dispute 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 of Clerical, Administrative and Supervisory Employees for bargaining rights on behalf of certain categories of workers employed by Jamaica Oxygen and Acetylene Limited.”

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 company was represented by:

Mr. Emil George, Q.C. (legal)

Mr. Victor Zadie, Jr.

Mr. Rupert Dowe

Mr. John Lanigan

5 The trade union was represented by:

Mr. N. F. Clarke

2 Worker/Delegates

6 Submissions and Sittings

7 Written briefs were submitted by the parties and oral submissions made at two sittings held on Tuesday, 6th December, and Thursday, 8th December, 1977.

8 The tribunal has taken into consideration, for the purpose of settling the dispute, the matters mentioned in Regulation 4 of the Labour Relations and Industrial Disputes Act, 1975, and accordingly that the persons who are eligible to vote in the ballot to determine the claim of the Union of Clerical, Administrative and Supervisory Employees for bargaining rights on behalf of certain categories of workers employed by Jamaica Oxygen and Acetylene Limited are named hereunder:

E. Davis

R. Dowe

D. Haynes

J. Lanigan

L. Menzies

V. Wongsam