Western Terminals Ltd v Port Supervisors Union

 
FREE EXCERPT

Industrial Disputes Tribunal

Richards, C.

15 of 1978

Western Terminals Ltd.
and
Port Supervisors Union

Labour law - Industrial disputes — Demand for removal of officer.

JUDGMENT:
1

By letter dated 10th April, 1978, the honourable Minister of Labour, with section 11 of the Labour Relations and Industrial Disputes Act 1975 referred to the Industrial Disputes Tribunal for settlement, the dispute between National Packaging Corporation Limited and the Trades Union Congress of Jamaica.

2

The terms reference to the tribunal were as follows:–

“To determine and settle the dispute between Western Terminals Limited represented by the Shipping Association of Jamaica on the one hand, and certain supervisory and clerical staff employed by Western Terminals Limited and represented by the Port Supervisors on the other hand, over the demand by the union for the removal of Mr. K. L Sweeny, Port Security Investigator.”

3

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

Mr. Nathan Richards — Chairman

Mr. Owen Plant — Member

Mr. Dorrel White — Workers' Representative

4

The company was represented by–

Mr. Emil George, Q.C

Mr. Allister Cooke

Mr. Robert Belle

Mr. Noel Hylton

Mr. Frank Woolward

Mr. George Pusey

5

The union was represented by

Mr. Trevor Waite

2 Worker/Delegates

6

Submissions and Sittings

7

Oral submissions were made at the sitting of the tribunal on April 11, 1978 at which every effort was made to achieve accord on a resumption formula. Finally, given the intransigence of both the company and the union in agreeing to the tribunal's recommendations for normalcy, a resumption order was issued under section 12(53(a) of the Labour Relations and Industrial Disputes Act to take effect on the following day. The union defied the order with the result that the matter was reported to the commissioner of police, the director of public prosecutions and the Minister of Justice with the deployment, by the competent authority, of the military to man the operations at the wharf.

8

At the sitting held on April 19, 1978, the parties reported that the matter had...

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