The Antigua Workers Union v The Antigua Employers Federation

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Mr. H.R. Edwards
• Judgment Date: 11 June 1979
• Date: 11 June 1979

Industrial Court

Edwards, J. (Sole Arbitrator)

The Antigua Workers Union

and

The Antigua Employers Federation

Appearances:

For the Waterfront Workers

Mr. K. Smith-General Secretary-Antigua Workers' Union.

Mi. B. Spencer-Assistant General Secretary-Antigua Workers' Union:

Sunday Waterfront Workers.

For the Shipping Agents:

Mr. C. Cumberbatch, Director, Antigua Employers Federation.

Mr. J. Athill - Chairman, Antigua Port Authority.

Mr. E. Sweeney - Managing Director, Antigua Port Authority.

Mr. J. Walling - Freight Services Ltd.

Mr. Ikin - George W. B. Bryson & Co. Ltd.

Mr. C. Blackstone - S. R. Mendes (Antigua) Ltd.

Industrial Law - Calculation of 12 hour guarantee pay for handling of roll-off, roll-on containers — Decision that the established practice be incorporated in the new collective agreement — Stevedores guaranteed 12 hours pay, and prevailing premium rates to be paid for the actual hours worked on Sunday or a Public Holiday.

1 ARBITRATOR: Mr. H.R. Edwards

2 Date 13 ^th June, 1979.

3 1. Hearing commenced on the 18 ^th May 1979, was concluded on 11 ^th June 1979. In the first meeting certain procedural matters were clarified and the terms of reference of the Arbitrator was finalised. H.R. Edwards, Labour Commissioner, was by joint agreement between the Antigua's Employers Federation on behalf of its members S.R. Medes (Antigua) Ltd, Geo. W. Bennett Bryson ltd. Freight Services Ltd. and St. John's Terminal Operating Co. Ltd; and the Antigua Workers' Union on behalf of the stevedores appointed Sole ARBITRATOR in the matter of the dispute concerning the calculation of wages on containers and the guaranteed pay for stevedores. Both sides agreed to abide by the decision of the Arbitrator.

4 2. By mutual consent the dispute was sectionalized into two areas, namely;

• (i) Calculation of 8 hour guaranteed pay for break – bulk and

• (ii) Calculation of 12 hour guaranteed pay for handling of Roll off containers.

5 Mr. Smith led the case for the waterfront workers and Mr. Cumberbatch for the shipping agents Mr. ------- of S.R. Mendes Ltd. and Mr. E. Sweeney, Managing Director, Port Authority were called by the shipping Agents as witnesses on their behalf and were subjected to cross – examination; Mr. Smith was a witness on behalf of the workers case and was also subjected to cross – examination.

Part 1 – Calculation of 8 hour Guarantee pay for Break Bulk.

6 3. Mr. Cumberbatch pointed out that the previous agreement had a 4 hour guaranteed clause. No problem had arisen in its interpretation and application since very few ships had to be worked less than three hours and none, which had to be, worked under four hours docked on Sundays and Public Holidays.

7 4. When however, tile big ocean going vessels such as the Booker and Harrison Lines were in Port they had to be worked quite often on Sundays and Public Holidays is an effort for them to discharge their cargo and be on their way as quickly as possible. This entailed a much longer period than 4 hours and stevedores would automatically be paid premium rates for that day.

8 5. During the last round of negotiations the agents agreed to increase the guarantee from 4 hours to 8 hours Mr. Cumberbatch argued that the guarantee pay is basically at flat time, that is, the normal hourly rate of pay; and can only attract the premium rate for hours worked on the Sunday or a Public Holiday. To illustrate his point he cited hypothetical examples:

• Eg.1. A ship arrives on a weekday. It is worked and completed in six hours. The stevedores will receive 8 hours pay flat time even if they did not work 8 hours.

• Eg. 2. Stevedores called out to work on a Sunday or Public Holiday – ship does not arrive, after 4 hours men are sent home – to be paid 4 hrs at premium rate while they were on and standby and 4 hours at flat time. Likewise had the ship arrived and had been completed in 6 hours at workers Would be paid 6 hours at premium rate for the time they worked and 2 hours at flat time for the period they did not work.

9 In support of this he made reference to Section C 15 (2) of the Antigua Labour Code, which states

“If an employee does work on a public holiday he shall be paid I addition to any wage which he would have received in respect of the public holiday, an hourly rate of not less than 150 per centum of his basic rate per hour worked.”

10 He further contended that the union's interpretation of guaranteed hours, that is, that the worker should receive premium rates for the 8 hours whether he worked or not, was unreasonable. He went on further to say that the previous agreement which had 4 hours at the prevailing rate was interpreted by the union to mean the rate applicable to the particular day or hour. The shipping agents on the other hand interpreted prevailing to mean the wage rates as set out in the schedule. He agreed that if the cause in question was intended to mean what the union was claiming it would have read premium rates applicable to the particular day or time.

B. Case for the Stevedores:

11 Mr. Smith tendered the Collective Agreement in evidence and it was accordingly marked AWU 1. He directed the attention of the Arbitrator to Clause 5 (a) and 5 (b) which reads:

5

(a) Stevedores will be guaranteed for hours worked at the then prevailing rate of pay from the time called out. This four hour guarantee will apply only on the first day on which the ship is being worked and not on the consequent days of continuing work on the same ship. (b) Longshoremen will be guaranteed eight hours at the prevailing rate of pay from the time called out on each day on which they are called out.

12 His contention was that prevailing rate meant the rate applicable to the day in question.

13 He also submitted a letter from the Employers Federation to the Labour Commissioner and dated 25 ^th September 1978 which was duly marked AWU 2 and directed the Arbitrator's attention to page 2 No. 25 which states:

Guaranteed Hours:

14 Union: Stevedores to be guaranteed 3 hours work as is done with longshoremen.

15 Companies: Will agree as part of a package offer, which included offers, made on wagon, containers and Severance pay.

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