Jamaica Public Service Company Ltd v Bustamante Industrial Trade Union

• Jurisdiction: Jamaica
• Judge: Lynch, C.,Plant, R.,White, R.
• Judgment Date: 27 February 1976
• Docket Number: IDT 1 of 1975
• Court: Industrial Dispute Tribunal (Jamaica)
• Date: 27 February 1976

Industrial Dispute Tribunal

Lynch, C.; Plant, R.; White, R.

IDT 1 of 1975

Jamaica Public Service Co. Ltd.

and

Bustamante Industrial Trade Union

Labour Law - Industrial Disputes — Removal of Manager

REFERENCE:

1 The Honourable Minister of Labour and employment by letter dated 25 ^th June, 1975, in accordance with section 11 of the Labour relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement, an industrial dispute between the Jamaica Public Service Company Limited on the one hand and its Clerical employees represented by the National Workers Union and certain hourly paid employees represented jointly by the National Workers Union and the Bustamante Industrial Trade Union on the other hand.

2 The Division of the tribunal selected under the provisions of section 3 (2) of the Act, to hear the dispute was comprised of:

Mr. Basil Lynch	—	Chairman
Mr. Owen Plant	—	Employers' Representative
Mr. Dorrel White	—	Workers' Representative

PARTIES:

3 The Jamaican Public Service Company Limited was represented by –

Mr. Robert Saugh — Legal

Mr. Leroy Brown

Mr. D.F. Smikle

4 The Unions were represented at various stages of the proceedings by

Mr. K.B. Knight	—	Legal
Senator Carlyle Dunkley	—	National Workers Union
Mr. William Virtue	—	National Workers Union
Mr. R. Furkiss	—	National Workers Union
Mr. Lascelles Perry	—	National Workers Union
Mr. Paul Stone	—	National Workers Union
Mr. Barry Wright	—	Bustamante Industrial Trade Union
Mr. R. Walter	—	Worker/delegate
Mrs. L. HcGhie	—	Worker/delegate

SUBMISSIONS AND SITTINGS:

5 The parties submitted written briefs and made oral submissions during the hearing that were conducted on 15 occasions over the period 26 ^th June, 1975 to 9 ^th February, 1976.

6 In addition eight witnesses were called to give evidence — five on behalf of the unions and three on behalf of the Company.

7 The dispute which caused the stoppage of work between June 24 ^th to June 26 ^th, 1975, is centered on one Mr. Cecil McDermott who was appointed Manager of the Purchasing and Stores Department on 10 ^th February, 1975. The Clerical workers in the Department requested his removal on the grounds that he was not a competent manager; they did not want his dismissal — only his removal.

8 It was reported that the then Chairman of the Company while he was not prepared to accede to this request was however prepared to put in a work study group — Management and the Union, to look into the organization of the Department. This was not satisfactory to the Union involved (N.W.U.) and the work stoppage occurred.

9 At this stage it would be useful to take some account of Mr. McDermott's service in the Company leading up to his present appointment and his training and experience for the post. Between September, 1958 and March, 1966, while he was attached to Hunts Day Power Station he was promoted from Switchboard Operator, to Assistant Plant Operator to Plant Operator, to Control Room Operator and to Shift Operator.

10 On 1 ^st March, 1967, he was made Shift Charge Supervisor in training at Old Harbour and on 1 ^st September, 1968, Shift Charge Supervisor — Old Harbour. He remained there until October, 1971 when he was appointed Sales Assistant — Sales Department.

11 On 1 ^st January, 1974, he was made Manager, Organization and Methods and on 10 ^th February, 1975, appointed Manager of the Purchasing and Stores Department or Materials Manager.

12 In late 1973 prior to his appointment as Manager, Organization and Methods (1 ^st January, 1974) he took a one month's course in Organization and Methods under the auspices of the Jamaica Industrial Development Corporation. Subsequently, by arrangement, he had regular consultations with the O&M Division of the Ministry of Finance, in an attempt to gain further experience. After his appointment to Organization and Methods he arranged two courses in O&M Training for 5 weeks and 3 weeks respectively which were attended by J.P.S. Company staff, including Supervisors.

13 In late 1974 and prior to his appointment as Manager, Purchasing and Stores Department (10 ^th February, 1975) he attended a three months Business Management Course arranged by the...