National Packaging Corporation Ltd v Trade Union Congress

• Jurisdiction: Jamaica
• Judge: Lynch, C.
• Judgment Date: 26 April 1978
• Docket Number: 43 of 1977
• Court: Industrial Dispute Tribunal (Jamaica)
• Date: 26 April 1978

Industrial Disputes Tribunal

Lynch, C.

43 of 1977

National Packaging Corporation Ltd.

and

Trade Union Congress

Labour law - Collective agreement — Wage increases.

Labour law - Collective agreement — Overtime provision.

NATIONAL PACKAGING CORPORATION LIMITED V. TRADES UNION CONGRESS OF JAMAICA

1 REFERENCES: By letter dated 24th October 1977, the honourable Minister of Labour, with section 11 of the Labour Relations and Industrial Disputes Act 1975 referred to the Industrial Disputes Tribunal for settlement, the dispute between National Packaging Corporation Limited and the Trades Union Congress of Jamaica.

2 The terms reference to the tribunal were as follows:–

“To determine and settle the dispute between National Packaging Corporation Limited (Wiper Division) on the one hand, and the Trades Union Congress of Jamaica representing clerical and supervisory workers employed by the company on the other hand, over the claim served on the company by the union for increased wages and overtime provision, having regard to the revised proposals of the union in respect of wages and the offer of the company.”

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. Gregory Reid

Mr. Reg Scarlett

Mr. Ashton Douglas

Mr. Donald Allen

5 The union was represented by

Mr. Trevor Waite

2 Worker/Delegates

6 Written briefs were submitted by the parties and at the meeting of the tribunal held on 13th February 1978 it was reported that agreement had been reached on the two items of the claim viz: increased wages and overtime provision, which were in dispute.

7 A copy of an agreement dated 15th February 1970 which sets out the agreed terms is attached.

8 In the circumstances, the tribunal makes no award.

9 This agreement is made on the 15th day of February, one thousand nine Hundred and seventy-eight between National Packaging Corporation Limited, a company incorporated under the laws of Jamaica and having its registered office at 58 Half-Way-Tree Road in the parish of St. Andrew (hereinafter called “the company”) of the one part and the Trades Union Congress of Jamaica of 25 Sutton Street in the parish of Kingston (hereinafter called the union) representing, supervisory and clerical employees of the company's paper division of the other part.

10 Whereas the union made certain claims on the company by letter of the July 1977 on behalf of the aforesaid employees now therefore this agreement witnesseth as follows:–

1. Workweek

Working hours of the clerical staff will be from 8.00 a.m. 4:30 p.m. Working hours of the supervisory staff will remain at 7:30 a.m. to 4:30 p.m.

2. Overtime

The parties agree that should...