HOURS OF GROCERS' DRIVERS

Dominion, Volume 4, Issue 1023, 12 January 1911, Page 2

HOURS OF GROCERS' DRIVERS

TEST CASE POSSIBLE. One of the situations created as a result of the operation of the amendment of the Shops' and.OiUces Act has been discussed at a special meeting of the Grocers' Union. " The secretary (Mr.i E. J. Carey) explained to a reporter that there, was doubt as to whether the existing award is overridden by the amending Act. It seemed that the statutory limit of hours imposed by tho new Act was, in a measure, overridden by the award. This applied particularly in the case of carters, •who,"it was alleged, were sometimes employed beyond tho statutory hours. A case which was recently heard in the S.M.. Court had resulted in a decision which, in effect, laid it down that the daily hours' limit prescribed by the Act was overridden by the; award, and that (so long as-overtime payment'was made for extra hours, or the aggregate weekly hours were not exceeded), the time of starting and finishing was a question beside, the Act. This decision, the union state, has never been appealed against, and, within: the past month or two, certain of the employers , have taken advantage of the position, and have worked their men after the closing hours fixed by tho Act. ihe union is desirous of having the protection granted by the Act given full effect to. In reply to a letter asking the Labour Department's opinion on the subject, the General Inspector of Factories (writing as a layman) stated that, ill his opinion, the Supreme Court would not uphold the decision, given ,iu the Court case referred to but would prevent tho overriding'of tho AcJ, by the award. T, ■ _ \ further letter from tho Labour Department stated that if, in the-future, any clear case of late hours on the part of carters were renorted, the Department would lay an information for the uurnose of getting a clearly-defined decision. Members of tho union have in consequence undertaken to report any which conies under tlieir notice. The answers of the Labour Department were considered satisfactory by members, and the hope was expressed that tho notification by the Department of its determination would prove a suffi. cient deterrent.