St. Joseph's Hospital v Bustamante Industrial Trade Union

• Jurisdiction: Jamaica
• Judge: Lloyd, C.
• Judgment Date: 22 June 1977
• Court: Industrial Dispute Tribunal (Jamaica)
• Date: 22 June 1977
• Docket Number: No. 2 of 1977

Industrial Disputes Tribunal

Lloyd, C.

No. 2 of 1977

St. Joseph's Hospital

and

Bustamante Industrial Trade Union

Labour law - Collective agreement — Wage increases.

Labour law - Collective agreement — Improved fringe benefits.

1 Reference:

2 The Honourable Minister of Labour and Employment by letter dated 26 ^th January, 1977, in accordance with Section 11 of the Labour Relations and Industrial Disputes Act, 1975, referred to the Industrial Disputes Tribunal for settlement, an industrial dispute between the EMPLOYER and the TRADE UNION.

3 The terms of reference to the Tribunal were as follows:

“To determine and settle the dispute between the St. Joseph's Hospital on the one hand and the unionised workers represented by the Bustamante Industrial Trade Union on the other hand with respect to the claim of the Union for increased wages and improved fringe benefits on behalf of the said workers.”

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

5 Mr. James Lloyd — Chairman

6 Mr. Noel Holness — Employers' Representative

7 Mr Dorrel White — Workers' Representative

8 The Employer was represented by –

Mr. Peter Mais (Legal)

Mr. David Wynter

9 The Trade Union was represented by-

Mr. L. Beckford

Mr. L. Clough

Submissions and Sittings:

10 Written briefs were submitted by the parties and oral submissions were made at the two (2), sittings held on 17 ^th May 1977 and 14th June 1977.

BACKGROUND:

11 The Bustamante Industrial Trade Union and St. Joseph's Hospital are parties to a collective agreement which expired on 4th May, 1976.

12 By letter dated 14th April 197, the Union submitted a fourteen point claim to the Company for amendments to the agreement. Negotiations were conducted at the local level but no agreement was reached and the matter was referred to the Ministry of Labour and Employment. Efforts by the Ministry to break the deadlock having failed, the dispute was referred to the Tribunal on 26th January 1977.

13 The Union based its claim for increased wages and fringe benefits on the grounds that rates of pay are substandard conditions of employment are inadequate and comparability rates paid by other companies doing similar business.

14 At the first meeting held on 17th May 1977, the parties agreed that they would take the dispute back to the local level in an effort to resolve the problem.

15 The parties returned to the Tribunal on 14th June, 1977 and submitted the agreement made between themselves which is as follows:

“THIS AGREEMENT made on the 14th day of June One Thousand Nine Hundred and Seventy-seven BETWEEN ST. JOSEPH'S HOSPITAL (hereinafter called “the Hospital”) of the ONE PART and the BUSTAMANTE INDUSTRIAL TRADE UNION of 98-100 Duke Street in the parish of Kingston in part acting on behalf of and representing...