jablishd bA gatherity.
VoL.. 98.] SAINT VINCENT, FRIDAY, 12 NOVEMBER, 1965. [No. 69.
CONSTITUTION OF ARBITRATION TRIBUNAL
UNDER SECTION 3 (2) (a) OF THE TRADE DISPUTES
(ARBITRATION AND INQUIRY) ORDINANCE, 1940
(NO. 14 OF 1940).
WHEREAS a trade dispute between The Commercial Technical & Allied
Workers Union and The Sanitary Department of The Government of St. Vincent
,.has been reported to the Administrator, AND WHEREAS both parties to the
dispute have consented to its reference to an Arbitration Tribunal constituted
of a sole arbitrator under the provisions of The Trade Disputes (Arbitration
and Inquiry) Ordinance No. 14 of 1940 with the following agreed terms of
reference, AND WHnEREA I deem it fit so to do, I DO HEREBY appoint and consti-
tute a Tribunal'under the provisions of Section 3 (2) (a) of the said Ordinance
with the following terms of reference:-
(a) To determine in the context of the matters already agreed to between
the Union and the Sanitary Department referred to in the Schedule
(i) Overtime. Whether the workers concerned should be guaranteed
a full day's pay at ordinary rate when called out to work on Sundays
and Public Holidays plus the hourly rate for the number of hours
actually worked i.e. if a day's pay is $2.00 and the number of hours
actually worked is four hours, the earnings' for that day be $2.00
plus four (4),hours at 25 c uts- tota $3.00.
(ii) Work before 7 a.m. Whether payment for work done between
4 a.m. and 7 a.m. should be at double time.
,(iii) PublicHolidays. -Whether workers employed on the day before
and the day after a public holiday should be .paid a .half day's pay
for .the public holiday intervening, provided .that they were available
"for work on the intervening; public holiday.
400 SAINT VINCENT, FRIDAY, 12 NOVEMBER, 1965.-(No. 69.,
(iv) Sick Leave. Whether workers should be granted twenty one
days certified sick leave with full pay plus a further 21 days on half
pay per annum.
(v) Termination of employment. Whether workers should be
entitled to six weeks notice of termination of their employment.
(vi) Check-off system. Whether the check-off system should be
introduced with respect to these workers.
(vii) Clothing Allowance. Whether a clothing allowance at the
rate of $96.00 per annum should be paid quarterly to each of these
workers. Or alternatively whether they should be provided with
2 free uniforms per year.
(viii) Injuries on the job. Whether workers injured on the job
should be paid full wages and not the reduced wages provided for
in the Workmen's Compensation Ordinance.
(ix) Wages. Whether the wage rates should be paid to the following
classes of workers of the Sanitary Department as follows:-
Truckmen (Van attendants) $1.00 per hour
Motor vehicle drivers 1.20 ,, ,,
Street sweepers .60 ,, ,,
Sanitary land fill worker 1.00 ,, ,,
Rakers .60 ,, ,,
Weeders .60 ,,
Abattoir worker 1.00 ,,
Drain men 1.00 ,, ,,
Government House worker 1.00 ,, ,,
Foremen 2.00 ,,
(x) Vacation Leave. Whether these workers should be granted 21
days vacation leave on full pay per annum.
(xi) Grievance procedure. Whether the following clause should
properly be included in an agreement:-
"Officers of the Union who are employed by the Employer shall
be granted the facility to perform their duties including time off
to attend to Union's business. The Union on its part shall see to
it that this privilege is not abused."
AND I DO FURTHER REQUIRE the said arbitrator to report to me as soon as
may be practicable on the various matters herein before referred to.
Areas of Agreement between The Medical Department and the Commercial,
Technical & Allied Workers Union respecting Sanitary Workers
It was agreed that:
1. Hours of work
(a) The normal working week shall not exceed forty-four (44) hours.
(b) The normal hours of work shall be Monday to Saturday 7.00 a.m. to
4.00 p.m. with one hour off for meals. Each worker will be entitled
to half-day off duty with pay each week.
(c) Except for Shift Workers who will work on shifts not exceeding
6 hours in any one day or 36 hours in any one week.
It shall be .a condition of employment with the employer that em-
ployees shall work overtime when called upon to do so. All work done
beyond eight (8) hours in any one day or six days in any one shift and
all work done beyond the normal forty-four hour work week or in the
case of shift workers 36 hours, shall be paid for at one and half times the
SAINT VINCENT, FRIDAY, 12 NOVEMBER, 1965.-(No. 69.) 401
3. Union facilities
(a) The employer shall recognize the shop stewards and delegates of
the Union appointed on the job.
(b) Officers of the Union employed by the employer whose duties
require them to be off the job from time to time, shall be granted such
time with full pay, for discussions with the management on matters con-
nected with the collective agreement.
4. Job description
The job description submitted at the July meeting be read as the one
with the agreement.
5. Working higher or lower grades
Any employee required to carry out temporary duties other than his
or her substantive duties shall be paid the rate applying to the temporary
duties or the rate applying to his or her substantive post, whichever is
6. Re-employment of Theophilus Newbold and Alexander Ottley
This matter has been dealt with and a satisfactory arrangement has
been reached between the Union and Employer, namely that Ottley would
be re-employed as soon as a vacancy arises, and that in the case of Newbold,
the Senior Medical Officer be given further time to consider the matter.
7. Fringe benefits
(i) Protective gears-These are to be left to the discretion of the
Senior Medical Officer.
(ii) Medical attention-To be provided free in cases involving illness
or injury attributable to the employment.
(iii) Examination records-These should be confidential.
(iv) Medical examination-Workers on first appointment would undergo
free medical examination and other periodic examinations.
(v) Joint Committee of Health-Accepted.
8. Grievance Procedure
Any grievance or complaint concerning any violation of or non-
compliance with this collective Agreement concerning the application
or interpretation of this collective agreement (and any other matter
which may be specifically made subject to this Grievance Procedure
by other provisions of this Collective Agreement) shall be dealt wilh in
the following manner:-
Step 1-Between the aggrieved employee with his Union Delegate
and his Foreman or immediate Supervisor. The foregoing shall be
construed to mean that an employee cannot discuss conditions and cir-
cumstances involving his work with his foreman without the presence
of his delegate.
The grievance must be presented within five days after the occurrence
of the cause of the grievance.
It would be preferable to have the grievance reduced to writing and
signed by the aggrieved employee and his delegate, but this need not be
done. The employee (or employees) concerned with the subject matter
of the grievance shall present it to his foreman or immediate supervisor,
except that if the grievance concerns disciplinary action initiated by the
immediate supervisor it shall first be presented to the P1ubil!, Hllfalth
Superintendent in accordance with the Second Step of this Grievance
The employee may be accompanied by or present his grievance
through the Union Delegate (who should be selected from thj regular
employees of the employer and recognized by the employer as an ac-
credited representative of the employees of the Union).
W 2 ; SAINT VINOENT, FRI- AY, 12 NOVEMBER, 1965.-(No. 69.)
The immediate Supervisor or Foreman shall reply (preferable in
-writing) to the -grievance' within fv,: days after it is presented to him.
If his reply is not satisfactory then-
-Stcp -2-Between the Chief D.-l,:'it.- (who should be selected by
*wke'rs 'from among employees of the&Employer and shall be recognized
*by the Erpi,.py,-. ;:,' anl.-.-l.lit.dl representative cf the Union) and the
Public Health Superintendent.
The Grievance should be referred to the Public Health Superinten-
dent within five days after the immediate supervisor's reply is given.
'The' Pblic Health .:p.-r'i. :'i, rit shall mak.r a written record of the
grievance and shall deliver a copy to the Union unless this ha.- been
already done at the first step.
The Public Hea]th Superintendent shall reply to the grievance
withinn five days after the grievance ha-. been presented to him. If this
,officer's reply is not satisfactory, then the third step. It should be
'noted that Union-delegates and representatives should not participate
in Trade Union activity during working hours at the Employer's place of
employment, except with prior consent of the Employer.
Step 3-Between- the 'Delegate and the- Senior;'iedical' Officer and
or other Officials designated 'by him.
The written: grievanee-shall libe referred to thee"Sehior-'Medical Officer
'within seven days .after -the; Piblic "Health iSplerfiitendent's reply is
given, unless within two seven day periods the Union shall request. a
meeting to discuss the grievance to take place within fourteenn days'of
the Public' Health -Superintendentts reply. -The'Senior Medical' Officer
shall reply to the grievance within five days after the written grievance
is presented to him or the meeting to discuss the grievance is held. If
the grievance remains unresolved after this stage, then it should be
submitted to the Minister for Social Services for settlement.
Step 4-If the' ievance is still unerr.;H,,lved the Minister shall within
seven days submit the matter to the Minister for Labour for mediation
in order to bring about a settlement.
Step 5-If agreement' has still not been reached the matter should
be settled by conciliation or-arbitration.
9. Duration of Formal Agreement
It was agreed -that- any-Agre'emnt made resulting from the present
proposals would be durable for, a period of two years, with effect from
3rd July, 1965-i.e. the date on, which the Union was recognized.
GIVEN under my hand at Government House this twelfth day of Nov-
WINSTON F. CENAC,
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT. [Ptice 30 cents. ]