TEST CASE.

Auckland Star, Volume LXVIII, Issue 156, 3 July 1937, Page 10

TEST CASE.

PETROL DRIVERS. COMPANY CHARGED. HOURS AND MEAL PERIOD. AWARD BREACHES ALLEGED. (By Telegraph.—Press Association.) C'HRISTCHI'RCH, this day. Tn the form of a prosecution by the Inspector of Awards at Christchurch against the Yaceum Oil Company, the petrol wagon drivers' dispute with their employers, which occasioned a shortlived strike in Auckland last week, camc before the Arbitration Court this morning. Two breaches of the motor and horse drivers' award were alleged against the company, which was represented by Mr. W. J. Mountjoy. One was that petrolwagon drivers were employed 44 hours a week without payment of overtime, and the other was that drivers were employed during a meal hour without payment of overtime. ' Although this case is brought against the \ai uum Oil Company in Christchurch it affects oil companies throughout the Dominion, and J suggest that the Court consider it on broad lines," said Mr. Mountjoy, On the first charge the inspector, Mr. R. T. Bailey, said that the relevant clause in the award was "except where otherwise provided, a week's work shall not exceed 44 hours, exclusive of time required for necessary attendance to horses and vehicles, provided that, in the case of drivers employed in industries or by establishments where any lesser number of hours per week is in operation by the order of the Court oit by operation of legislature, the weekly hours of these drivers shall be such lesser number of hours, but with the right to work on Saturdays when necessary so long as the number of hours.is not exceeded. Arbitration Court Order. The premises of the defendant 'Company, said Mr. Bailey, were registered under the Factories Act and by the 1936 amendment the Hours of -work.had been j-cduced to 40 per week. TJie,.Arbitration Court made an order in which the maximum number of hours, exclusive of overtime, to be worked in,any week by workers in factories occupied by oil companies were fixed at 40, to be worked on flvo days a week, with the exception that work might be performed on the morning of the statutory half-holiday where it was found necessary to load or unload products,- provided the number of workers so employed should not exceed the number required. It was also provided that where necessary for the loading or

unloading of products workers might be employed for not mora than five hours without an interval of three-quarters of an hour for a meal. Dealing with the second charge, Mr. Bailey said a sub-clause provided that It should be sufficient if a driver of a petrol wagon at a distance of two or more miles from Christchurch stopped his vehicle for half an hour to eat his meal. Under the Explosives and Dangerous Loads Act a tank wagon and trailer while in use must be constantly attended. No carriage conveying dangerous goods was allowed to remain stationary within a borough or town district, except a« necessary for the loading or delivery- of goods or at a place approved by the inspector. Mr. Bailey said the Court had ruled that if a driver was free from his duties during the lunch interval his lunch interval did not count as part of his daily hours. The driver of a petrol wagon had to remain by his vehicle. He was not free from duty, and the time occupied by him in eating his meal was not his own. Case for the Defence.. Opening the case for the defence, Mr. Mountjoy said it was agreed the inspector had power to decide whether a worker was employed in a factory or in a shop, but he held that this had no bearing on the present case, as in oil companies' installations there were no shops, and an inspector had power only . where there was a combined shop and ' , factory. For i the defence of the attitude adopted by the oil companies, it was submitted that no broach had been com-, mitted by working petrol-wagon drivers a 44-hour week without payment of overtime, as it was considered the award gave authority to oil companies to work drivers 44 hours a week. The Arbitration Court order fixed the hours of workers in oil companies' factories at 40 a week, but as these workers represented only 10.08 per cent of the total employees in the oil industry in New Zealand it could not be claimed the Court had determined the hours of employment for all workers in the industry. It would be anomalous to restrict oil companies to 40 hours a week when common carriers carting for oil companies could work their employees 44 hours a week. Dealing with the second claim for a penalty for failing to pay drivers of petrol wagons for the lunch interval when at a distance of two or more milej from the depot. Mr. Mountjoy submitted that no breach had been committed. Evidence was given by Lionel Wallace Gilbert, warehouse representative of the Vacuum Oil Company, that under the previous award drivers had been paid for lunch hours when they remained on their vehicles, but this had been discontinued under the present award. The judge said the Court would concider the matter and make known its k decision as early as possible.