ARBITRATION COURTS

Auckland Star, Volume XXXIX, Issue 105, 2 May 1908, Page 5 (Supplement)

ARBITRATION COURTS

(Before Mr Justice Sim and Messrs S. Brown and J. A. McCullough.) The sittings of the Arbitration Court were continued yesterday afternoon. WATERSIDE WORKERS. The waterside workers' award ha« a clause -providing that men shall be engaged at certain places for the discharging and loading of ships, and that when a gang has completed their duties at one ship the engagement ceases, and they must be re-engaged for another job. The first point of engagements is at the ship's side, and if other men are' winted they must be engaged at the. waterside workers' waiting-room. For an alleged breach of this clause Nearing and Co. were cited. Mr McQuarters appeared for the department, and Mr McGregor for the respondents. The circumstances of the case were that on March 15 respondents had a gang of men engaged in unloading the Tokomaru, and that subsequently they were shifted over to the Oswestry Grange to do some unloading there. For the defence it was urged that a number of men having finished a job on the Tokomaru, were tolil there would be some more work on the Oswestry Grange. They went there and were the first men on the scene at the Oswestry Grange. It was contended that this was the same as re-engaging the men at the side of the second vessel, with the difference in favour of the men that they lost no time between the two jobs. In dismissing the case, his Honor said that he thought the decision of the chairman of the Conciliation Board was to make it necessary that the engagement of labour in connection with each ship should be made, that was to say, labour could not he engaged in the morning for the discharge of two ships. Labour must be engaged for one ship, and if the men are required to work at another ship they must be re-engaged. He though, that was in substance what had been done in the present case. The men engaged on the Tokomaru were taken to the Oswestry Grange. They were the first men to go to the Oswestry Grange, and they were re-engaged on their discharge. The view for which the Union were contending was upheld, and they held that in the'present case the employer had complied with that view. WORKING AFTER HOURS. For employing a man working after the specified hours in the Cabmen's award, Andrew and Wise were fined £2. TO-DAY. THE TAILOR'S LOG F. H. Claxton, a master tailor, of Thames, was cited for an alleged breach of the Tailoresses' Award, by employing a presser at less than tho rate provided by the award. Mr. S. Mays conducted the ease for the defendant, and the respondent was represented by Mr. J. R. Reed. Mr. Mays said that. the, respondent employed a man hamed Stevens as a presser. Stevens was a bootmaker by trade, and from the first week of his employment he was not paid either a weekly wage or at a fixed log rate. There appeared to be some sort of arrangement with two pressers then in Claxton's employ, but certainly not an arrangement by an advisory committee of six, as provided in the award. The wages paid were sometimes more than £2 10/, and sometimes less. The result for the whole period of his employment was a short payment of £1 13/7. Mr. Reed at this stage said tit. defence was that as far as possible the award had been complied with. There were only two pressers in the employ of the respondent, and in consultation with these pressers, a log was fixed for Stevens. It was absurd to expect that four extra persons in respondent's employ, who knew nothing whatever about pressing, could help any better than by taking the opinion of the whole of those employed in pressing. Ail arrangement had been mutually arrived at taat Stevens should work under the old log less 20' per cent. The reduction of 20 per cent was in view of the fact that the irons were gas irons, and consequently a great loss of time was saved as compared with the old method of heating. Stevens from the witness box said it was the reduction of 20 per cent that he objected to. Evidence called for the defence went to show that under the log arranged a competent man could earn more than the minimum weekly wage. His Honor said that the two pressers, who agreed with respondent and Stevens, in no sense constituted an advisory committee, as provided in the award. It was clear, therefore, that a breach had been committed by respondent, but the evidence called by him showed that the log appeared to have been a very fair one. However, the respondent chose to carry on that log, and did not get it established as required by the award. A fine of £2 was.imposed. Mr. Mays: And withness's expenses, your Honor? His Honor: In this case I don't think the witness ought to claim expenses. ALLEGED OVERLOADING TRUCKS. A breach of the Waterside Workers' Award by loading trucks with over 12 cwt. -was preferred against Nearing and Co. Mr McQuarters conducted the case for the department, and Mr McGregor represented the respondent. The breach is stated to have occurred in the unloading of asphalts from the Tokomaru, and barbed wire from the Oswestry Grange. Evidence was given to the effect that trucks had been loaded with more- than 12 cwt. Mr McGregor said that asphaltc was a new kind of cargo, and his client did not know the weight of the blocks. Respondent had given express instructions that no man was to load his truck with more than 12 cwt. Regarding the barbed I wire from the Oswestry Grange, no complaint had been made, and his client had no idea that more than the proper quantity was placed on tbe trucks. If more than 12 cwt. came up in the slings it was the duty of the -men to break them up, but this they objected to do, as it entailed more labour. There had been no attempt to evade the award, and if any breach had been committed it was purely a technical one. His Honor said that the Court was satisfied that on the date in question two men were pushing a truck which carried | more than 12 cwt. As soon as the facf. !that the men were pushing an excessive load was made knowu, the respondent took steps to have the weight reduced. ! It seemed they had exhibited eareless- | ness in not ascertaining the weight of the blocks of asphalte, and on that count .i fine of £2 would be imposed. Begirding Ihe loading of barbed wire from the Oswestry Grange, the respondents did not appear to be responsible entirely. 7:'. 1. . . '"vTI. .

The weight of„the reels was known, and i as "the "men had instructions _oi"to v _o&d . more than 12 cwt., the charge on that < count would be dismissed. i The." Court then adjourned until Monday morning. j