Phillips Service Department (Homelectrix Ltd) v National Workers Union

• Jurisdiction: Jamaica
• Judge: Martin, C.
• Judgment Date: 31 May 1977
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: No. 4 of 1977
• Date: 31 May 1977

Industrial Disputes Tribunal

Martin, C.

No. 4 of 1977

Phillips Service Dept. (Homelectrix Ltd.)

and

National Workers Union

Labour law - Trade Unions — Recognition.

1 Reference:

2 By letter dated 21st March 1977, the Honourable Minister of Labour and Employment 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 Phillips Service Department (Homelectrix Limited) and the National Workers Union.

3 The Terms of Reference to the Tribunal were as follows:

“To settle the dispute as respects the category of workers of whom the ballot should be taken or the persons who should be eligible to vote in the ballot to determine the claim of the National Workers Union for bargaining rights on behalf of certain categories of workers employed by Phillips Service Department (Homelectrix Limited).”

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

Dr. John Martin	—	Chairman
Mr. J. Murray Harris	—	Employers' Representative
Mr. H. Allman	—	Workers' Representative

5 The Employer was represented by–

Mr. Emil George (Legal)

Mr. George Skinner

6 The Union was represented by–

Mr. Clifton Brown

Submissions and Sittings

7 Written briefs were submitted by the parties and oral submissions made at the two sittings held on the 17th and 20th May 1977.

8 Background to the dispute

9 The Union claimed bargaining rights for all the workers of the Phillips Service Department (Homelectrix Limited) at 65 Laws Street, Kingston in the following categories:

RECEPTIONISTS

CASHIERS

RADIO & T.V. TECHNICIANS

APPRENTICE TECHNICIANS

STOVE TECHNICIANS SUPERVISOR

SALES CLERK

STOCK CONTROLLER

OFFICE MAID

10 The Company objected to the inclusion in the bargaining unit of Receptionists, Cashiers, Supervisors, Sales Clerks and Stock Controller on the grounds that the Phillips Division is only one of the Service Divisions of Homelectrix Limited and that these positions are interchangeable among the Divisions.

11 Discussions at the level of the conciliation services of the Ministry of Labour failed to achieve agreement.

12 During the proceedings before the Tribunal, the Union withdrew the claim for representational rights for Supervisors and Apprentice Technicians.

AWARD

13 The Tribunal awards that the category of workers for whom the...