Western Terminals Ltd v Port Supervisors Union

• Jurisdiction: Jamaica
• Judge: Lynch, C.,Plant, R.,Dixon, R.
• Judgment Date: 18 September 1975
• Date: 18 September 1975
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 3 of 1975

Industrial Dispute Tribunal

Lynch, C.; Plant, R.; Dixon, R.

IDT 3 of 1975

Western Terminals Ltd.

and

Port Supervisors Union

Labour Law - Industrial Disputes — Illegal Industrial Action.

REFERENCE

1 On the 30th June, 1975, the Honourable Minister of Labour And Employment in accordance with section 9(5) of the Labour Relations and Industrial Disputes Act referred to the Tribunal for settlement, an industrial dispute between the employers and certain supervisory and Clerical Employees of the Company represented by the Trade Union.

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

Mr. B. W. Lynch	—	Chairman
Mr. Owen Plant	—	Employers' Representative
Mr. Edward Dixon	—	Workers' Representative

HISTORY

3 On Friday the 27 ^th June, 1975, at approximately 9.00 a.m., certain Supervisory and Clerical Employees of Western Terminals Ltd., represented by the Port Supervisors Union, stopped working on the ground that two members of the Company's staff had refused to join the Union.

4 The stoppage which was contrary to the provisions of the Labour Relations and Industrial Disputes Act, was taken in furtherance of a trade dispute and was reported by the Company to the Minister of Labour and Employment by telegram o the 27 ^th June, 1975 and later confirmed by letter of the same date.

5 The parties were invited to a conciliation meeting at “Ministry of Labour and Employment on Monday, the 30th June, 975. At the meeting, the Union stated that the reason for the stoppage was that there were two employees of the Company who were not members of the Union, presumably performing similar duties to the unionised staff but allegedly enjoying certain privileges which were denied to other members of the group. The Company denied these allegations.

6 The matter was not resolved at the Conciliation level of the Ministry of Labour and Employment and the Minister was apprised of the situations. After ascertaining that, attempts were made to settle the “dispute without success, the Minister referred the dispute to the Industrial Disputes Tribunal with the following Terms of Reference:

“To determine and settle the dispute between Western Terminals Ltd., on the one hand, and certain Supervisory and Clerical Employees of the Company represented by the Port Supervisors Union, on the other hand.”

PARTIES

7 Western Terminals Ltd. was represented by:

Mr. Emil George, QC — Legal

Mr. Noel Hylton

Mr. Robert Hall

Mr. George Pusey

Mr. Valverde Meeks

8 The Union was represented by:

9 Mr. Ennis and a number of...