INTERPRETATION SOUGHT.

Auckland Star, Volume LVII, Issue 177, 28 July 1926, Page 11

INTERPRETATION SOUGHT.

COOKS AND STEWARDS' AWARD. OPINION OF COURT. At the last sitting of the Arbitration. Court in Auckland, the Inspector of Awards at Auckland asked for an interpretation of clause 4 of the Cooks and Stewards' (Northern Steamship Co*) Award, dealing with the hours worked: in excess of ten hours in an}* day after the expiration of 15 hours from the commencement of work for the day, and whether the hours in excess of 10 should be paid for at overtime rates. The case cited was where a nightwatchman on the Manaia had worked in one week Monday. 9 a.in. to 12.30 p.m., 3$ hours; Monday, 11 p.m- to 9 a.m., 10 hours; Tuesday, 11 p.m.. to 6 a.m., 7 hours; Wednesday, 11 p.m. to 9 a.m., 10 hours; Thursday, 11 p.m. to 9 a.m., 10 hours; Friday, 11 p.m. to 0 a.m., 10 hours; Saturday, 11 p.m. to C a.m. (Sunday), 7 hours. The ship arrived at Auckland, a "home" port on Sunday and departed at 7 p.m. on Monday. The questions for the Court were (1) whether the 15 hours' span mentioned in the award commenced to run from 0 a.m. or from 11 p.m. on Monday, (2) if is commenced on Monday at what hour did it commence to run on Tuesday and subsequent days? (3) if it commenced to run at 11 p.m. on Monday, what extra payment, if any, should be made for the period. 9 a.m. to 12.30 p.m. worked on Monday? The Court in a decision filed yesterday holds (1) the span runs from 9 a.m. on Monday until 9 a.m. (or the actual finishing time) on Tuesday. There cannot in the circumstances be two starting hours. The majority of the Court considers that if the break was of a reasonably short duration overtime rates would continue, but a new span would not be commenced; (2) from 11 p.m.; (3) no answer is required, in view of the answer to question 1.