Sterling Drug International Ltd v Trades Union Congress of Jamaica
Jurisdiction | Jamaica |
Judge | Lloyd, C. |
Judgment Date | 23 January 1978 |
Court | Industrial Dispute Tribunal (Jamaica) |
Docket Number | No. 34 of 1977 |
Date | 23 January 1978 |
Industrial Disputes Tribunal
Lloyd, C.
No. 34 of 1977
Labour law - Trade unions — Recognition.
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.
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.”
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
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.
The company was represented by
Mr. Robert Baugh — legal
Mr. Gregory Reid
Mr. A. Cundy
The trade union was represented by
Senator Hopeton Caven
Mr. Trevor Waite
Mr. S. Lewis
Mr. W. Christie
3 Worker/Delegates
Submissions and Sittings
Written briefs were submitted by the parties and oral submissions made at the two sittings held on the 7th October and 14th November 1977.
Background to the dispute
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
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.
Award
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 |
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