Sterling Drug International Ltd v Trades Union Congress of Jamaica

 
FREE EXCERPT

Industrial Disputes Tribunal

Lloyd, C.

No. 34 of 1977

Sterling Drug International Ltd.
and
Trades Union Congress of Jamaica

Labour law - Trade unions — Recognition.

JUDGMENT:
1

The Honourable Minister of Labour, by letter dated 31st August, 1977, in accordance with section 5, subsection 3 of the Labour Relations and Industrial Disputes Act, 1975, referred to the Industrial Disputes Tribunal for settlement, an industrial dispute between the company and trade union.

2

The Terms of Reference to the tribunal were as follows –

“To determine and settle the dispute as respects the categories of workers of whom a ballot should be taken or the persons who should be eligible to dote in the ballot to determine the claim of the Trades Union Congress of Jamaica for bargaining rights on behalf of certain categories of workers employed by Sterling Drug International Limited.”

3

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

Mr. James Lloyd — Chairman

Mr. Noel Holness — Employers' Representative

Mr. Headley Allman — Workers' Representative

4

However, before an award was made, Mr. James Lloyd became incapacitated; Mr. B. W. Lynch was selected in his stead and consideration e dispute was finalized in accordance with the provisions of Section 8(4) of the Act.

5

The company was represented by

Mr. Robert Baugh — legal

Mr. Gregory Reid

Mr. A. Cundy

6

The trade union was represented by

Senator Hopeton Caven

Mr. Trevor Waite

Mr. S. Lewis

Mr. W. Christie

3 Worker/Delegates

7

Submissions and Sittings

8

Written briefs were submitted by the parties and oral submissions made at the two sittings held on the 7th October and 14th November 1977.

9

Background to the dispute

10

The union claims bargaining rights for the following categories of workers employed to Sterling Drug International Limited:

Purchasing officer

Secretaries

Sales supervisor

Van sales inspector

Credit salesman

Van salesman

Medical representatives

11

The Company objected to the inclusion of the following:

Purchasing officer

Secretaries

Sales supervisor

Van sales inspector

Two medical representatives on probation

During discussions at the Ministry of Labour, the parties agreed to the exclusion of the purchasing officer and the inclusion of the medical representatives whose probationary period had then expired.

12

Award

13

The Tribunal has given due consideration to the arguments adduced by both parties as well as the provisions of regulations 4 of the Labour Relations and Industrial Disputes Regulations and awards that the persons whose names are listed hereafter are eligible to vote in the ballot to determine the claim of the union for bargaining rights for certain categories of workers employed by Sterling Drug International Limited:

Vivinne Folkes

Production Supervisor

Winfred Lee

Production Supervisor

Noel Ritch

Maintenance Engineer

Ralid Gentles

Warehouse Supervisor

Gilbert Green

Cost Accountant

Alvin Linton

Accounting Clerk

Errol Boswell

Accounting Clerk

Clement Reid

Accounting Clerk

Carol Grant

Machine Operator

Constance Lala-Singh

Machine Operator

Vincent James

...

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