ARBITRATION COURT.

Auckland Star, Volume LVIII, Issue 234, 4 October 1927, Page 11

ARBITRATION COURT.

CLAIM AGAUfST POWER BOARD

EVASION AND DELAY ALLEGED.

Claiming the recovery of £100 as a penalty for a breach of the Northern Industrial District Electrical Workers' Award, the Inspector of Awards at Hamilton (Mr. F. Wilson) proceeded against the Waifcomo Electric Power Board in the Arbitration Court this morning. It was complained that the board employed three linesmen for the four weeks ended April 9 last, at hours in excess of those allowed by the award, and had failed to pay additional rates of pay.

In tracing the history of the case, Mr. Wilson said that, prior to the award coming into force, the board had agreed to pay fiat rates of pay,, which were Id anfiour higher than the minimum a ward rate. Subsequent to the introduction of the* award, the fiat rate method of payment was continued, but the board decided not to recognise any claims made for overtime. Mr. Wilson drew attention to delays that had occurred in connection with his requests to the board to remedy the position, and declared that tho procrastination and evasion that had taken place had been with the sole idea of rendering any proceedings abortive owing to th effluxion of time. The board had made i]o attempt to meet the situation, said Air. Wilson, and it had entirely disregarded the provisions of the award. He blamed not the officials, but the members of ttie board for this.

The defence was a general denial of the allegations and maintained that the board's workmen had not been employed at any time in excess of the hours defined in the award.

Mr. G. P. Finlay, counsel for the hoard, refuted the suggestion of evasion. The men employed as linesmen, explained, had no permanent home— when their "hats were on their roofs were thatched"'—but the award showed indulgence to them for country work. It was doubtful whether two of the men came within the scope of the award, while the one that did had worked three hours extra in the period. Counsel proceeded to state that in the country, the hours of daylight were working hours.

His Honor (Mr. Justice Frazer): They object to daylight saving all the same. Mr. Fiqlay submitted that the trouble was, in framing the award the parties had lost eight of the practical side of work in far flung country districts. The issue was primarily one of interpretation and, should the plaintiff succeed with his case, pressure woujd be brought to bear to amend the award to provide equitably for men with no permanent place of abode.. "A Dilatory Board." "The award' seems to have given rise to some confusion of thought," said His Honor after briefly retiring to consider the case. Double banking was apparent, but there was nothing in the award to justify the board in saying because a man had not a permanent home in the ordinary sense, he could be worked all hours without overtime rates. The provision for extended hours at ordinary rates could only apply when a man was receiving camp and special country allowance. Had the board attended to the matter within a reasonable time, His 1 Honor said he would havo been inclined to treat the breach lightly, but there had been interminable delay. If it was as dilatory in its ordinary work as it had been in the case before the court then it was high time the board put its house in order!. In the circumstances the penalty was fixed at £5.