THE Union of Clerical, Administrative and Supervisory Employees (UCASE) says it would be a bad example for the State-owned oil refinery Petrojam to be dragged into court for failing to observe the provisions of the Labour Relation and Industrial Disputes Act.

However, general secretary of the union John Levy believes that the Ministry of Labour and Social Security may be left with no other option than to refer the refinery to the Director of Public Prosecutions (DPP) for failing to provide a list of employees eligible to participate in a poll needed to test the union’s bargaining rights claim.

“It would be earth-shattering for a government entity to be hauled before the court for failing to observe the provisions of the Act,” Levy told the Jamaica Observer last Friday.

He noted that the five days have already passed between the ministry requesting a list of workers eligible to take part in a poll at Petrojam, without the refinery responding to the ministry’s request.

Levy pointed out that the union has already fulfilled its obligations under the Act by supplying a list of members within a newly organised group of workers at the refinery, known as engineers and administrators, who are seeking to be represented by a trade union for the first time. He said that with the ministry already acknowledging that the union has made a prima facie case for representational rights, by proving that at least 40 per cent of the workers in the related categories are members, the refinery now needs to provide its list to enable the ministry to complete the process.

Petrojam originally objected to the rights claim made by UCASE in February. However, it has since withdrawn the objection, but has been asking for clarification on a number of issues.

The Observer understands that the ministry provided the refinery with the necessary clarification on December 17, and the company would have been required to respond by providing the list of eligible employees within five days.

“With the five days now passed, the ministry must refer the matter to the DPP to have court proceedings taken against the refinery,” Levy insisted.

The Observer was unable to get any further confirmation of the issue, except that the refinery would have failed to observe the law if it failed to respond to the ministry within five working days of the request. However, consideration may be given to the exigencies of the holiday period.

Technicians at Petrojam are represented by the Petroleum Workers Association, which is an affiliate of UCASE. However, a new bargaining unit is being established, with members of an administrative group, including engineers, accountants and other professionals, who are seeking to be represented directly by UCASE.