Davis v Nicholson's Travel Agency

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Browne, J.
• Judgment Date: 25 June 1980
• Date: 25 June 1980

Industrial Court

Browne, J. (Hearing Officer)

Davis

and

Nicholson's Travel Agency

Issue: Whether Mrs. E. Louise Davis should be included in a bargaining unit with other employees.

Present were:

Representing the Employee

Mr. Baldwin Spencer, Assistant General Secretary, Antigua Worker's Union.

Representing the Employer:

Mr. C. M. Cumberbatch, Director, Antigua Employer's Federation.

Mrs. L. Louise Davis (Employee)

Riina Crawford, CTC Acting Managing Director.

Industrial Law - Whether the employee should be included in a bargaining unit with other employees — Union submitted that the worker's responsibilities, job functions, pay status did not reflect managerial position that would prevent the employee being included in a bargaining unit with other employees — Company objected stating employee was not a supervisor — Held: employee was not a supervisor and she should be included in the bargaining unit with other employees.

Employee's Case:

1 The Union claimed that Mrs. E. Louise Davis has been employed by Nicholson's Travel Agency about 12 years ago as Clerk. In 1973 the employee was appointed Assistant Manager and by 1976 she was appointed Manager. (This was not denied by the Company). In 1980 the worker was given a letter dated April 10 ^th, 1980 setting forth her job description. The letter reads as follows: –

April 10, 1980

Mrs. E. Louise Davis

Office Manager,

Nicholson's Travel,

St. John's, Antigua.

Dear Mrs. Davis,

Following is your job description:

2 As Office Manager you are directly responsible for the reservations ticketing staff.

Ms. Jackie Prescod

Mrs. M. Riviere

Also Mrs. A. Christian in making sure that office is clean and neat at all times.

Mrs. Donawa will be directly under my supervision.

Mr. A. Tonge will be available for general errands, messages as required.

Since Mrs. Rivieres' duties also consist of being the office secretary, these duties will be delegated by me.

Relaying all instructions and/or information given by me to you, and seeing that staff is at all times courteous and helpful to all our customers.

Making sane reservations/ticketing staff are knowledgeable in all phase of ticketing, reservations, American Express Emergency Cheque Cashing, Travellers Cheque Refunds and all travel related services.

Responsible for the office being open promptly at 8:30 a.m. to 4:00 p.m. Monday to Friday and 8:30 a.m. to 12:00 noon on Saturday. Delegate lunch hours so that the office can remain open with at least one person on duty between 11:00 –12:00 and l2:00 –1 :00.

Ticketing, sales, public relations and all other duties relating to a proper, efficiently, pleasantly run office.

Directly responsible to me with any problems or decisions relating to staff or office procedures. These problems or decisions will be discussed and solved, mutually between us when possible.

Sincerely,

Sgd: Riina Crawford, CTC.

Acting Managing Director.

c.c. Mr. R. Nicholson.

3 The Union stated that nothing in the letter setting forth Mrs. E. Louise Davis' job description could properly indicate that Mrs. Davis is an Officer Manager. The Union pointed out that Mrs. Davis is the most Senior employee of Nicholson's Travel Agency and because of her experience and knowledge of the operation she might have been required to perform additional, duties. Such additional duties should not deprive Mrs. Davis the right to be included in a bargaining unit with other employees, the Union added.

4 The Union went on to state that a letter of April 3, 1980 signed by Mrs. Louise Davis, Mrs. Madeline Johnson – Riviere, Ms. Jackie Prescod, Mrs. Alice Christian and Mr. Atlan Tonge was addressed to Mr. Rodney Nicholson cc. to Mr. E. Brown, Acting Labour Commissioner to Mr. B. Spencer, Assistant General Secretary, Antigua Workers' Union. The letter reads as follows –

Mr. Rodney Nicholson

Managing Director,

Nicholson's Travel Agency

St. John's, Antigua.

Dear Mr. Nicholson.

This is to inform you that we the undersigned (employees of Nicholson's Travel Agency) have exhausted all avenues regarding our request for an increase in salary, terms of employment and job descriptions. As a result of...