The Uwi (Non-Academic Workers) v The U.W.I. Allied Workers Union

• Jurisdiction: Jamaica
• Judge: Lynch, C.
• Judgment Date: 03 June 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 19 of 1976
• Date: 03 June 1976

Industrial Dispute Tribunal

Lynch, C.

IDT 19 of 1976

The Uwi (Non-Academic Workers)

and

The U.W.I. Allied Workers Union

Labour Law - Collective Agreement — Wage Increase

REFERENCE:

1 By letter dated 26 ^th March, 1976, the Honourable Minister of Labour and employment, in accordance with the provisions of section 11 of the Labour Relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement, a dispute between the employer and the trade Union, with the following terms of reference –

“To determine and settle the dispute between the University of the West Indies on the one hand and the nun-academic workers employed by the University who are represented by the University and Allied Workers Union on the other hand over the meaning and application of Clause ‘A’ of a document dated 12 ^th June, 1975, signed by the University Management and accepted by the Union as an agreement additional to the Collective Bargaining Agreement also dated 12 ^th June, 1975.”

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

Mr. Basil Lynch — Chairman

3 The Employer was represented by –

Mr. Emil George, Q.C., (Legal)

Mr. Cedric Barton (Legal)

Mr. Byron Robertson

Mr. L.B. Smith

Mr. Ernest Nugent

4 The Trade Union was represented by –

Mr. Richard Small (Legal)

Mr. Roy Fairclough (Legal)

Mr. L. Brown

SUBMISSIONS AND SITTINGS

5 Written briefs were submitted by the parties and oral submissions were made at the hearing held on the 26 ^th May, 1976.

6 The Tribunal is required to determine and settle the dispute over the meaning and application of clause (A) of a document dated 12 ^th June, 1975 signed and accepted by the parties to the dispute as an agreement additional to the Collective Bargaining Agreement also dated 12 ^th June, 1975.

7 Clause (A) reads as follows –

“In any case where 60% increase on existing wages carries the worker's salary above the maximum of the scale for the corresponding category of Government worker, the scale would be extended for that particular worker by the provision of the necessary increments.”

DECISION

8 The decision of the Tribunal is that any case where, after applying the 60% increase on existing University wages, the maximum in the scale of the corresponding category of Government worker is exceeding, the University worker should receive the exact wages as calculated and no more. He is not eligible to receive...