Metal Box Jamaica Ltd v The National Workers Union

• Jurisdiction: Jamaica
• Judge: Lloyd, C.,Holness, R.,White, R.
• Judgment Date: 26 November 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 43 of 1976
• Date: 26 November 1976

Industrial Disputes Tribunal

Lloyd, C.; Holness, R.; White, R.

IDT 43 of 1976

Metal Box Jamaica Limited

and

The National Workers Union

Labour Law - Industrial Disputes — Wage Increases

Labour Law - Industrial Disputes — Improved Fringe Benefits

REFERENCE:

1 The Honourable Minister of Labour and Employment, by letter dated 15 ^th July, 1976, in accordance with section 11 Subsection 1 of the Labour Relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement an industrial dispute between the EMPLOYER and the TRADE UNION.

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

“To determine and settle the dispute between Metal Box Jamaica Limited and certain categories of the Company's workers represented by the National Workers Union, over the Unions claim for wage increases and fringe benefits on behalf of the said workers.”

3 The division of the Tribunal selected in accordance with section 8(2) of the Act was –

Mr. James M. Lloyd	—	Chairman
Mr. Noel Holness	—	Employers' Representative
Mr. Dorrel White	—	Workers' Representative

4 The Employer was represented by –

Mr. Jeff Pattinson (Legal)

Mr. Peter Collard

Mr. L. Minott

Mr. D. Manhertz

Mr. B. Naylor

5 The Trade Union was represented by –

Senator Carlyle Dunkley

Mr. Paul Stone

Several Worker/Delegates were in attendance.

SUBMISSIONS AND SITTINGS

6 Written briefs were submitted by the parties and oral submissions were made at the five sittings held on the 8 ^th, 29 ^th, 30 ^th September, 1976 and 1 ^st and 5 ^th October, 1976.

7 Various exhibits were tendered in evidence.

HISTORY OF DISPUTE

8 The National Workers Union on behalf of its members employed to Metal Box Company Jamaica Limited, submitted a thirty seven (37) point claim on the Management of the Company for improvements on wage and fringe benefits on the 20 ^th November, 1975.

9 Negotiations begun between the company and the Union on the 13 ^th January, 1976 and the parties had nine meetings before reporting the dispute to the Ministry of Labour and Employment. The Company during those nine meetings made counter proposals to the claims, which were not acceptable to the workers, and during the negotiations also offered a Ten Dollars ($10) increase on wages based on the provisions of the wage guidelines.

10 The parties agreed to negotiate their contract on the basis of comparable wages within the packaging industry. A category system was agreed but the parties could not reach a settlement in respect to wages paid in comparable factories. The Ministry of Labour and employment conciliatory machinery failed in their efforts to settle the dispute and it was referred to the Industrial Disputes Tribunal on the 15 ^th July, 1976.

11 The Tribunal in an effort to expedite the proceedings, suggested that certain points raised in the Union's brief should be discussed further between the parties.

12 The parties agreed and thirty points of the Union's claim were selected for further discussion at the local level, leaving seven (7) claims before the Tribunal.

13 On the 29 ^th September, 1976, both parties reported to the Tribunal that considerable progress had been made in the local level talks and that a majority of issues ere settled while others have been conditionally settled and would need further discussion. The parties also requested that the results of the direct level items be incorporated in the Award. See appendix 11.

AWARD

14 THE Tribunal makes the following Award in respect of those items of claims placed before it.

AWARD

15 Claim 8 OVERTIME

16 Effective 1 ^st January, 1976 –

• (a) All hours worked in excess of eight (8) hours shall be paid for on the following basis –

  • The first four (4) hours at 1 ¹/₂ times the basic rate and all other hours at double the basic rate.

• (b) No Award.

• (c) Work done on the employees first and second rest days shall be paid for as follows –

  • First Rest Day — First four hours shall be paid for at 1 ¹/₂ times the basic rate and all other hours at double the basic rate.

  • Second Rest Day — First four hours shall be paid for at double the basic rate and all other hours at two and one-half times the basic rate.

17 Claim 13 WAGES

18 We hereby Award new rates of pay effective 1 ^st January, 1976 — 31 ^st December, 1976 and 1 ^st January, 1977 — 31 ^st March, 1978. See Appendix 1.

19 Claim 14(a) WASHING ALLOWANCE

20 No Award.

21 Claim 14(b) MEAL ALLOWANCE

22 Effective 1 ^st December, 1976 –

23 If an employee is required to work for two (2) hours or more after completion of the normal eight hours work day, he shall be paid a meal allowance of $2.50.

24 Claim 22 DEPARTMENTAL LEAVE

25 No Award.

26 Claim 23 REDUNDANCY PAY

27 We make no Award.

28 The Workers' Representative, Mr. Dorrel White, is not in agreement with this stance — his views are attached.

29 Claim 31 DURATION OF CONTRACT

30 The contract shall run for a period of two years and three (3) months from 1 ^st January, 1976 — 31 ^st March, 1978.

DATED THIS 26TH DAY OF NOVEMBER, 1976.

Sgd. James M. Lloyd,

Chairman

Sgd. Noel Holness,

Employers' representative

Sgd. Dorrel White,

Workers' Representative

Witness:

George Reid,

Secretary.

APPENDIX 1

LIST OF CATEGORIES

31 Appendix 4 (Revised)

	DEPARTMENT	CATEGORY	1 ST Year	2 nd Year
A.	Electrical Engineering	Charge Hand Charge Hand	100 100	110 110
B.	Canning Production Diothene Production Engineering Miscellaneous	Charge Hand (Male) Charge Hand (Male) Machinist 1 Fire Service	85 85 85 85	95 95 95 95
C.	Electric Maintenance Printer Engineering Stores Canning Production	Electrician 1 Line Mechanics Mtce/Welder/Fitter Printer 1 Machinist 11 Forklift Operator Charge Hand (Female)	72 71 71 71 71 71 71	82 81 81 81 81 81 81
D.	Electrical Canning Production Quality Control Diothene Production Maintenance Welfare	Electrician 11 Line Leader Sr. Q.C. Inspectress Extruder Bag-Making Carpenter Auto Mechanic Surgery Attendant Cook	63 65 61 61 61 61 61 61 61	73 75 71 71 71 71 71 71 71
E.	Canning Production Quality control Canning Production Diothene Production Stores Printing	Machine Operator Q.C. Inspectress Line Serviceman Line Serviceman Storeman Helper Printer 11	60 55 53 53 60 50 60	70 65 63 63 70 60 70
F.	Canning Production Diothene Production Welfare Electrical	Packer Waxer (etc.) Packer Gen. Labourer/Cleaner Helper (Electrical)	52 52 50 53	62 62 60 63
G.	Welfare Canning Production Diothene Production	Helper Asst. Cook Helper Helper	50 50 50 50	60 60 60 60

APPENDIX 11

POINTS OF AGREEMENT BETWEEN METAL BOX JAMAICA LIMITED AND THE NATIONAL WORKERS UNION ON SEPTEMBER 15, 1976

1. PROBATIONARY EMPLOYERS

32 Agreed that a probationary employee should be a non-temporary recruit who has not completed 60 days. At the completion of 60 days, the probation should be reviewed and the recruit either:

• a) Be confirmed

• b) Have his probation extended for a maximum of 30 more days

• c) Be dismissed

33 N.B. *Further agreed subject to ratification by the Tribunal that many of the Criteria which led to a division of factory workers into:

• a) Weekly paid

• b) Daily paid

• c) Temporary/Casual

34 Are no longer valid.

35 Therefore, all factory workers should be classed as hourly paid, categorized as follows (Equal conditions will apply when at work):

• a) Hourly paid Class a) those with a guarantee of call-out, (except if laid off).

• b) Hourly paid Class b) Those to be called out on a daily basis.

• c) Hourly paid Class c) Strictly temporary workers.

• Class a) i. All new non-temporary workers in wage categories A to D inclusive.

• ii. All workers in any wage category who have completed 13 years.

• Class b) i. All other new non-temporary workers.

2. COMMUNICATION & JOB PARTICIPATION

• a) Agreed that, whenever appropriate, workers in any particular department or part-department will meet with their supervisor(s) and departmental heads to discuss change.

• b) It was felt that this request would flow naturally from the agreements to a) and c).

• c) Agreed that a workers' committee, to meet regularly one per month, should be formed, consisting of 15 people as follows: five nominated members of Management, five hourly paid Union delegates, five other nominated hourly paid personnel.

2. COMMUNICATION & JOB PARTICIPATION

3. JOB DESCRIPTION AND JOB REQUIREMENTS

36 Agreed that each employee should be issued with a job description in due course.

Agreed that i) Whenever an hourly paid worker is invited by his supervisor to act in the place of an hourly paid chargehand for a period of five working days or more, he shall be paid the chargehand rate. ii) Whenever an hourly paid worker is invited in writing to act in the place of a supervisor for a period of five working days or more, he shall receive an additional payment of J$20 per five working days. The $20 shall not attract overtime premia.

6. EDUCATION

• 5 a) Withdrawn upon Company's non-agreement

• b) Agreed arrangements will continue to be made for employees to attend appropriate and agreed classes at C.A.S.T. or other similar recognized educational establishments, so as to further themselves in their skills.

  • The Company will pay initially 50% of the fees plus the cost of books; upon successful completion, the Company will refund the remaining 505 of the cost of fees.

  • (This has already been happening for some time. The request was to have the situation formalized.)

7. UNION MATTERS

• a) Agreed that a pay-phone would be installed when a reaction could be obtained from the telephone company. Proposed that space be made available to the delegates in some construction presently planned, probably backing on to the Personnel Manager's office.

  (The difficulties in restructuring the telephone system were highlighted).

• (b) Agreed that, initially, the...