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

• Jurisdiction: Jamaica
• Judge: lynch, C.,Plant, R.,White, R.
• Judgment Date: 24 March 1976
• Docket Number: IDT 6 of 1975
• Court: Industrial Dispute Tribunal (Jamaica)
• Date: 24 March 1976

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 during Monday to Friday.

16 In all, three Circulars were issued by the Government in connection with this 5-day workweek. The first and second dated 12 ^th April and 8 ^th May, 1973, provided inter alia for;

• (a) a 40 hour workweek; 5 days per week with effect from 15 ^th April, 1973;

• (b) overtime for work in excess of 8 hours in any one day or 40 hours in any one-week;

• (c) in services where hours of operation are governed by law, Regulations or Rules these should continue to operate as at present pending amendments to the Law, Rules and Regulations;

• (d) in the services which operate 24 hours a day, 7 days a week, shifts should be re-arranged to ensure that as a rule, staff do not work more than five days in any one week;

• (a) the submission of estimates for such additional staff as would be required to implement the 5-day workweek.

17 The third Circular which is dated 3 ^rd September, 1973, and mentioned earlier is quoted verbatim;

• “(i) the standard work week for a non-shift worker should be Monday to Friday. Non-shift workers are persons who work a given specific period each day. Such employees will be required to work during the standard work week for 40 working hours eight hours a day excluding meal time....