Rusearle Milk Products Ltd v Dockers & Marine Workers” Union

• Jurisdiction: Jamaica
• Judge: Martin, C.
• Judgment Date: 01 January 1978
• Court: Industrial Dispute Tribunal (Jamaica)
• Date: 01 January 1978
• Docket Number: 51 of 1977

Industrial Disputes Tribunal

Martin, C.

51 of 1977

Rusearle Milk Products Ltd.

and

Dockers & Marine Workers” Union

Labour law - Industrial disputes — Wage increases

Labour law - Industrial disputes — Improved fringe benefits.

JUDGMENT:

1 By letter dated 10th November, 1977, the honourable Minister of Labour, in accordance with section 11 of the Labour Relations and Industrial Disputes Act, 1975, referred to the tribunal for settlement a dispute between the Company and the Union.

2 The terms of reference are as follows:

“To determine and settle the dispute between Rusearle Milk Products Limited on the one hand, and certain driver/salesmen and sidemen employed by the Company and represented by the Dockers and Marine Workers Union on the other hand, over claims served on the Company by the Union for wage increases and fringe benefits on behalf of the said workers, having regard to the Union's proposal and the Company's offer.”

3 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. Edward Dixon — Workers' Representative

4 The COMPANY was represented by:

Mr. Noel Tappin

Mr. Curtis Russel-Earle

5 The UNION was represented by:

Mr. Milton Scott

1 Worker/Delegate

6 Submissions and Sittings

Written briefs were submitted and oral submissions made at the sitting held on 7th March, 1978.

At the hearing the Union pointed out that it had won representational rights on the 9th January, 1977, negotiated with the Company on a 11-point claim, as follows:

• 1. Sick leave

  • From 1 — 3 years continuous service, 2 weeks leave.

  • 4 — 7 years continuous service, 3 weeks leave.

  • 8 — 12 years continuous service, 4 weeks leave.

• 2. Vacation leave

  • From 1 — 3 years continuous service, 2 weeks leave.

  • 4 — 7 years continuous service, 3 weeks leave.

  • 8 — 12 years continuous service, 4 weeks leave.

• 3. Health Scheme

  • That the Company provide a comprehensive health scheme for all employees.

• 4. Insurance scheme

  • All employees to be insured, insurance to cover death, or injury whether permanent or temporary, on a 24 hour basis.

• 5. Uniforms

  • Each employee to be provided with 3 sets of uniforms annually including safety boots where necessary.

• 6. Work week

  • That a 40 hour work week be introduced.

• 7. Overtime

  • That overtime rate of time and one half be paid for all work done over 40 hours per week, double time for Sunday and public holidays.

• 8. Severance pay

  • Severance to be paid on the following basis —...