Shell Company (W.I.) Ltd v National Workers Union

 
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Industrial Disputes Tribunal

Lynch, C.

No. 28 of 1977

Shell Company (W.I.) Ltd.
and
National Workers Union

Labour law - Industrial disputes — Wage increases.

Labour law - Industrial disputes — Improved fringe benefits.

1

Reference:

2

The Honourable Minister of Labour, by letter dated 17 th August 1977 in accordance with Section 9 of Labour Relations and Industrial Disputes Act, 1975 referred to the Industrial Disputes Tribunal for settlement, an industrial dispute between The Company and The Union.

3

The Terms of Reference to the Tribunal are as follows:

“To determine and settle the dispute between The Shell (W.I.) Company on the one hand, and the monthly paid employees of the Company represented by the National Workers Union on the other hand, with respect to the claim of the Union dated November 8, 1976, served on the Company for the increased wages and improved fringe benefits on behalf of the said monthly paid employees.”

4

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

Mr. Basil Lynch

Chairman

Mr. Gerald Groves

Employers' Representative

Mr. Edward Dixon

Workers' Representative

5

The Company was represented by –

Mr. Howard Hamilton

Mr. Roy Robotham

Mr. Frank Lopez

6

The Trade Union was represented by–

Mr. Lascelles Perry

Mr. W. Buchannan

Mr. L. McKenzie

Several Worker/Delegates

Submissions and Sittings
7

Written briefs were submitted by the parties and oral submissions made at four sittings held on the 22nd, 24th and 31st August and the 21st September 1977.

8

The Company and the Union were parties to a Collective Labour Agreement covering the period 1st January 1975 to 31st December 1976 and by letter dated 8 th November 1976, the Union served a Twelve- point Claim on the Company for increased wages and improved working conditions.

9

During the hearings, six of these claims were withdrawn, primarily for further discussions at the local level, leaving the remaining six for determination the Tribunal.

10

The Claims withdrawn were–

No. 6- Meal Allowance

No. 7- Medical Scheme

No. 9- Sick Leave

No.10-Study Leave

No.11- Local Travelling

No.12- Pensions

11

The Claims for determination by the Tribunal and its award in each case are set out below–

No. 1- Duration of Contract

12

The Union is seeking a one-year contract — the Company would prefer a two-year contract, “possibly with a wage reopener clause after the expiration of one year.”

13

The Tribunal awards a one-year contract commencing from 1st January 1977.

No. 2- Wages

14

The members of the bargaining unit comprises–

Grades

Wages

Ungraded Clerk

$767.53 per month

Accounting Machine Operator I

$613.94 per month

Clerk I

$560.50 per month

Accounting Machine Operator II

$479.36 per month

Clerks II and Stenographers II

$427.10 per month

15

The Union sought a 38% across-the-board increase ranging from a high of $67.33 per week in the case of ungraded Clerk to a low of $37.55 per week in the of Clerk II and Stenographers II.

16

As regards prior negotiations, the following extract is quoted verbatim from the...

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