Spence's Furniture Factory v The University and Allied Workers' Union

• Jurisdiction: Jamaica
• Judge: Martin, C.,Holness, R.,Dixon, R.
• Judgment Date: 12 December 1975
• Date: 12 December 1975
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 12 of 1975

Industrial Dispute Tribunal

Martin, C.; Holness, R.; Dixon, R.

IDT 12 of 1975

Spence's Furniture Factory

and

The University and Allied Workers' Union

Labour Law - Trade Unions — Recognition

REFERENCE:

1 The Hon. Minister of Labour and Employment on the 24 ^th September, 1975, acting in accordance with section 5(3) of the Labour Relations and Industrial Disputes Act, referred to the Tribunal for settlements an industrial dispute involving the Employer and the Trade Union.

2 The Division of the Tribunal selected in accordance with section 8 (2) of the Act to determine the dispute was comprised as follows:

Dr. John Martin	—	Chairman
Mr. Noel Holness	—	Employers' Representative
Mr. Edward Dixon	—	Workers' Representative

3 with the following Terms of Reference –

“To settle the dispute as respect the category of workers of whom the ballot should be taken or the person who should be eligible to vote in the ballot to determine the representational rights claim by the University and Allied Workers Union for certain categories of workers employed to Spence's Furniture Factory.”

PARTIES:

4 Spence's Furniture Factory Ltd. was represented by –

Mr. Horace Edwards, Q.C.

Mr. C. Spence

Mr. R. Forte

5 The University and Allied Workers Union was represented by Mr. L. Brown and several worker/delegates were in attendance.

HISTORY:

6 On the 7th July, 1975, the Trade Union served a claim for representational rights on the Employer for all the hourly and weekly paid employees in accordance with the Labour Relations and Industrial Disputes Regulations, 1975.

7 Meetings were held to discuss the matter, the last ending in deadlock as the Employer submitted that a number of the employees are apprentices and therefore not eligible to take part in the poll.

SITTINGS:

8 The Tribunal met on Tuesday, 21st October, 1975, when oral submissions were made by Messrs. L. Brown and Horace Edwards on behalf of the Trade Union and the Employer respectively.

9 At this sitting the tribunal requested the Employer to submit four of the Factory's pay bills showing the categories of workers and their deductions of National Insurance and a list of Trainees who have been with the Factory for five years or more.

10 A check with the Apprenticeship Division of the Ministry of Labour and Employment revealed that there are no registered apprentices employed to Silence's Furniture Factory.

AWARDS:

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