Solsona Tiles Ltd v Trades Union Congress of Jamaica

 
FREE EXCERPT

Industrial Disputes Tribunal

LeWars, C.

No. 3 of 1978

Solsona Tiles Ltd.
and
Trades Union Congress of Jamaica

Labour law - Industrial disputes — Wage increases.

SOLSONA TILES LIMITED V. TRADES UNION CONGRESS OF JAMAICA
1

REFERENCE: The honourable Minster of Labour, by letter dated 23 rd January, 1978, in accordance with subsection (1) of section 11 of the. Labour Relations and Industrial Disputes Act, 1975, referred to the lndustrial Disputes Tribunal for settlement, a dispute between the company and the trade union.

2

The terms of reference to the tribunal were as follows–

“To determine and settle the dispute between Solsona Tiles Company on the one hand, and the unionised workers employed by the company and represented by the Trade Union Congress of Jamaica on the other hand, over the claim of the union for increased wages and improved fringe benefits on behalf of the said workers”.

3

The division of the tribunal selected in accordance with section (2) of section 8 of the Act was:

Mr. Russell LeWars — Chairman

Mr. Noel Holness — Employer's Representative

Mr. Headley Alman — Workers' Representative

4

The company was represented by–

Mr. David Murray — legal

Mr. William A. Cocking

5

The trades union was represented by:

Mr. Trevor Waite

Several Worker/Delegates

6

Background and sittings

7

The dispute between the two parties arose out of a claim served on the company by the union on the 5 th July, 1978, for increased wages and improved fringe benefits on of the workers.

8

Several meetings were held at the local level and at the Ministry of Labour, in an effort to settle the differences. However, the parties failed to reach an agreement on the entire package.

9

Considering that further negotiation on the matter would be useless, the parties requested the Minister to refer the dispute to the Industrial Disputes Tribunal for settlement.

10

However, during the proceedings the parties presented a memorandum of agreement on four(4) of the five(5) items of claim, dated May 17 th, 1978, and attached hereto as Appendix 1, thereby leaving claim 5, the item of wages, for the tribunals determination.

11

The tribunal held sittings between 3 rd March 1978, and 4 th July, 1978 and examined briefs from both parties and heard evidence and arguments from both sides.

12

The financial statements of the company covering the years 1973-1977 and the first quarter of 1978 were also placed in evidence before the tribunal.

13...

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