Seprod Group of Companies v Bustamante Industrial Trade Union

JurisdictionJamaica
JudgeMartin, C.
Judgment Date07 December 1977
CourtIndustrial Dispute Tribunal (Jamaica)
Docket NumberNo. 36 of 1977
Date07 December 1977

Industrial Disputes Tribunal

Martin, C.

No. 36 of 1977

Seprod Group of Companies
and
Bustamante Industrial Trade Union

Labour law - Industrial disputes — Wage increases.

1

Reference:

2

By letter dated 2nd September, 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 Seprod Group of Companies, and certain of its employees represented by the Bustamante Industrial Trade Union.

3

The Terms of Reference to the Tribunal were as follows:

“To determine and settle the dispute between the Seprod group of companies on the one hand, and the Clerical, Administrative and Technical Staff employed by the Companies and represented by the Bustamante Industrial Trade union on the other hand, over the claim served on the Companies by the Union for wage increases and the duration of such increases, having regard to the Union's revised proposal and the Companies' offer.”

4

By agreement between the parties, the terms of reference were amended to exclude from consideration the category “Administrative”.

5

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

6

The Employer was represented by–

Mr. Emil George (legal)

Mr. Victor Harris

Mr. Vernon Grizzle

7

The Trade Union was represented by–

The Rt. Honourable Hugh Shearer

Several Workers/Delegates

8

Submissions and Sittings:

9

Written briefs were submitted by both parties at three sittings held on the 8th, 9 th and 11 th November, 1977.

10

Background to the Dispute:

11

The Company and the Union were parties to a Collective Labour Agreement covering the period 3rd March, 1975 to the 30th September, 1976, and by letter dated 28th September, 1976, the Union served a 24-point claim on the Company for improved wages and working conditions. At the local level and at meetings held at the Ministry of Labour, all claims except wages and the duration of the contract were agreed upon. The dispute relating to wage increases and the duration of such increases were then referred to the Industrial Disputes Tribunal for settlement.

12

At the hearings, the Union requested an increase of 40% on wages for a duration of eighteen months, effective...

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