The Parish Councils and Certain Categories of Workers Employed to the Public Cleansing Department v The Bustamante Industrial Trade Union and the Jamaica Association of Local Government Officers

 
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Industrial Dispute Tribunal

lynch, C.; Plant, R.; White, R.

IDT 6 of 1975

The Parish Councils and Certain Categories of Workers Employed to the Public Cleansing Department
and
The Bustamante Industrial Trade Union and the Jamaica Association of Local Government Officers

Labour Law - Industrial Disputes — Terms of Employment — Hours of Work

Labour Law - Industrial Disputes — Over-time Pay

REFERENCE:
1

The Honourable Minister of Labour and Employment by letter dated 30 th July, 1975, in accordance with section 9(6) of the Labour Relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement, on industrial dispute between the Employer and certain categories of employees in the Public Cleansing Department of the Parish Councils, represented jointly by the trade Unions.

2

The Terms of Reference to the Tribunal were as follows:–

“To determine and settle the dispute between all the Parish Councils on the one hand and the Public Cleansing workers employed by such Councils and represented jointly by the National Workers Union, the Bustamante Industrial Trade Union, and the Jamaica Association of Local Government Officers on the other hand.”

3

The division of the Tribunal selected in accordance with section 8(2) of the Act to their dispute was as follows:–

Mr. Basil Lynch

Chairman

Mr. Owen Plant

Employers' Representative

Mr. Dorrel White

Workers' Representative

PARTIES
4

The Parish Council's were represented by –

Mr. David Muirhead

Legal

Mr. Allan Alberga

Attorney General's Department

Mr. A.G. Irons)

Ministry of the Public Service

Mr. I.G. Grant)

Mr. Lance Hutchinson)

Ministry of Local Government

Miss Lonette Taylor) Mrs. M. Greaves

St. James Parish Council

Mr. R.D.G. Leward

Jamaica Association of Local Government Authorities.

5

The Trade Unions were represented by:–

Mr. J.A.G. Myers)

National Workers Union

Mr. John Atkins) Mr. E. Lloyd Taylor)

Jamaica Association of Government

Mr. Fitz Reid)

Officers

SUBMISSIONS AND SITTINGS
6

Written briefs were submitted by the parties and oral submissions were made at the six sittings which were held between the period November 26, 1975, to January 27, 1976.

AWARD
CLAIM NO. 1 MIXED DUTIES
7

This Claim was withdrawn.

CLAIM NO. 2 ARREARS OF DUTY ALLOWANCE
8

We make no award.

CLAIM NO. 3 UNIFORMS
9

We award increase from three sets to four sets per annum with effect from 1 st April, 1976.

CLAIM NO. 4 WASHING ALLOWANCE
10

We award a washing allowance of $2.00 per week with effect from 1 st April, 1976.

CLAIM NO. 5 INSURANCE
11

We make no award.

CLAIM NO. 6. PENSIONABLE STATUS
12

The Tribunal has been informed that the Government has undertaken to accord pensionable status to these and other similar categories of workers.

13

We make no award but would urge that this matter be treated with the expedition it deserves.

CLAIM NO. 7 PREMIUM PAY FOR SATURDAYS WORKED BY NON-SHIFT WEEKLY PAID WORKERS FROM 15TH APRIL, 1974.
14

Public Cleansing workers in general do not work on Sundays and under existing arrangements those who are required to work in certain areas, e.g., market places and tourist resorts, are in fact paid at premium rates.

15

This claim, which is therefore confined to work on Saturdays only, arises from the introduction by Government of the 5 day 40 hour workweek. The Unions are claiming that in terms of a Circular dated 3 rd September, 1973, all non-shift workers who work on Saturday are entitled to premium pay for those days irrespective of whether or not they worked 40 hours...

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