United Estates Ltd v National Workers Union

• Jurisdiction: Jamaica
• Judge: Martin, C.
• Judgment Date: 01 January 1978
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: No. 16 of 1977
• Date: 01 January 1978

Industrial Disputes Tribunal

Martin, C.

No. 16 of 1977

United Estates Ltd.

and

National Workers Union

Labour law - Industrial disputes — Wage increases.

Labour law - Industrial disputes — Improved fringe benefits.

UNITED ESTATES LIMITED V. NATIONAL WORKER'S UNION

1 REFERENCE: The honourable Minister of Labour, by letter dated 7th July, 1977, in accordance with section 11, sub-section 1 of the Labour Relations and Industrial Disputes Act of 1975, referred to the tribunal for settlement and industrial dispute between employer and the trade union.

2 The terms of reference to the tribunal were as follows:

“TO determine and settle the dispute between United Estates Limited on the one hand, and certain categories of workers employed by the company and represented by the National Workers Union on the other hand, over the union's claim for wage increases and improved fringe benefits on behalf of the said workers.”

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

Dr. John Martin — Chairman

Mr. Noel Escoffery — Employers' representative

Mr. Edward Dixon — Workers' representative

4 The employer was represented by–

Mr. N. Rennie

Mr. A.S Hart

5 The union was represented by–

Mr. H.O Thompson

Worker delegates

6 Submissions and Sittings

7 Written briefs were submitted by the parties and oral submissions were made at two sittings held on the 15 ^th March 1978, and 10 ^th July, 1978.

8 By letter dated 14 ^th September, 1976, the union served a 15 point claim on the company for increase wages and improved conditions of service. At a meeting the parties signed a new agreement dated 29 ^th April, 1978, embodying the 4 outstanding claims which was presented to the tribunal for settlement. The parties reported this agreement at the second sitting held on the 10 ^th July, 1978. A copy of the new agreement dated 29 ^th April, 1978 is attached.

9 Award

10 The tribunal awards that the rate of pay and other terms and conditions of employment established by the agreement, shall remain in force until 30 ^th September, 1978.

11 Amendment to the agreement between United Estates Limited and the National Workers Union effective 1/10/1967

12 Rate of pay

13 The rates of pay for the various categories covered under this agreement are to be increased by $10.00 per week across the award' from 1st October 1976 to 30th September, 1977.

14 The rates are to the further increased by an additional $10.00 per week ‘across the board’ from 1st October 177 to 30th September 1978.

15 A crop bonus of 12 ¹/₂ % on the 1977 crop earnings is also to be paid to the said categories covered under this agreement.

16 Overtime

17 Overtime will be at the rate of time and one-half the hourly single time rate for work done in excess of eight dollars per day or 40 hours per week.

18 When an employee is recalled to do overtime work the company undertakes to pay the employee for a minimum of four hours overtime at the appropriate rate even if less than four hours overtime is done. If the overtime on recall is in excess of four hours the company undertakes to pay the employee for a minimum of eight hours at the appropriate rate even if the actual amount of overtime is less than eight hours...