Metal Box Jamaica Ltd v The National Workers Union

 
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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

...

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