TRAMWAY APPEAL BOARD.

Dominion, Volume 4, Issue 1154, 15 June 1911, Page 2

TRAMWAY APPEAL BOARD.

AN APPEAL DISMISSED. DUTIES OF A CONDUCTOR. THE BOARD'S ATTITUDE. Tho adjourned appeal of John .Tames Ward, conductor, was heard fjy the Tramway Appeal Board yesterday. Dr. M'Artliur, S.M., presided, and with him sat Mr. ,T. If. Palmer (representing (lie Wellington City Corporation) and Mr. Dalton (representing tho Tramways Union). Mr. E. J. Fitzgibbon appeared for Ward, and Mr. J. O'Sliea, city solicitor, for the corporation. Tho Reasons for Dismissal. In regard to the incidents which led to the discharge of the appellant, it was stated by Mr. O'Sliea, when the case was opened last Saturday week, that two of (hem' occurred scon after he started, and no action was taken in regard to them. Then, on April lie started with the numbers not entered up, and was cautioned by an inspector. Ho did the same thing again on April 7, and was "severely cautioned," and again on April 18, as a result of which he was again sevuely cautioned, and to'.d that if it happened a third time ho would be suspended. On May 3 lie permitted a passengef to travel from Island Bay to tin* Tramway Hotel without paying a fare. He was then informed that he was considered unfit for the work, and wnS instructed to hand in his uniform. The board ruled that the charges must be put in writing, and handed to accused before the enso could lie proceeded with. It was for this to be done that the ease was adjourned. The ruling was promptly complied with, but the further hearing was again postponed, owing to the absence of counsel. Inspectors' Reports. In addition to specifying tho charges, the city, solicitor also caused appellant to j be furnished with certain reports! of inspectors, including the following: — Tho charges against appellant were contained in several reports of inspectors, amongst them being the following-.— Inspector Tucker reported, on April 7, that: when he boarded the car at Wordsworth Street, the starting number of Id green tickets was not entered for thai trip. There were five passengers in th< car. On April 3he boarded this conduc tor's car at Wordsworth Street on 10.1' p.m. trip from Aro Street. No. Id grcoti tickets were entered for that trip 'L'wi, tickets were- sold. Oft that oeca sion he cautioned the conductor. Thi report was minuted "severely cautioned —G. E. James." On April IS Inspector Coyne rcportec Ward for failing to enter up startin; numbers red and yellow. This repor was minuted: "Severely cautioned, am told if it happens again ho will ho sus ponded from duty." On May 3 Inspector Fuller reported When going to town this evening I go on this conductor's ear by Luxford Stree A Vest corner. As Ward did not have ! big load on, I got a seat in tho seconi compartment from the rear end plat form. When going down lfintoul Stree I saw Mr. Sutherland, of the elcctri lighting staff, sitting in the smoker nex the rear-end platform talking to a Mr Cole, of thb car sheds, Newtown. Wliei they got to -the end of the section at Rin toul Street he (tho inspector) got into th 'smoker to have a talk to Mr. Suther land. As soon as Cole saw him get int that compartment he put his hand ii his pocket and pulled out n penny, as i ho wished to pay his fare, but the con ductor did not get off tho back platfoni to tako any fares until they got to th Tramway Hotel door, and then he did no get into the compartment, but went, oi to the next. • When the car stopped a tho stopping-place just past the hotel Mr. Cole got out, but the conductor. |lii not have a look at his ticket to see if h was over-riding the section, or tako tli< penny that he felt sure the passenge took out of his pocket to pay his far •with, as he kept it in his hand all tin time until ho got off. , "A Very Wide Question," Mr. Fitzgibbon, in opening yesterday said that in accordance with the order o tho Court tho appellant had receive! copies of four reports mado by inspectors Tramway employees were working undo an agreement between the union and th City Council. This agreement, which wa properly mado under the Arbitration Act provided: (!) "That employees shall b ' notified within 48 hours of any report against them, and the Department slial proceed to hear the case within two day from then. (2). Official reports to be ii tho- hands of the Department, and 4 hours from then the employees must b notified, and the case against them pro cecded with by the Department withi] four days." Counsel said he would as] the Court to consider, apart from the pre sent case, whether or not the corporatio; was doing its duty under that agieemen in conducting the'inquiries when an allc gation was made against any of the P'tn The Chairman: You want us to ente upon a very wide question. Mr. Fitzgibbon: We say I"•>nt ti system of reporting and tho method c fining at present is such that the roe cannot get a fair hearing. Mr. O'Sliea: I demand that these stat( mcnts be proved, or that Mr. Fi'tzgibbo bo not allowed to make them. Was There a Hearing? The Chairman: Wo take it that this man had a hearing, and that he now appeals from that hearing. We can't go into tho whole general question of v;hat the Department dees. That would be a quc-stion like that which we had to dccidc in Auckland. Vou would need a special Conciliation Board to deal with it. .Mr. O'Sliea: Or a Royal Commission. The Chairman: I don't know which is the worst. Mr. O'Sliea: A Royal Commission is sometimes very effective. Mr. Fitzgibbon then quoted the report of Inspector Tucker to show that one of the alleged offences occurred on April 1 3 and the otliei on April 7, and both were reported on April 7. They were not made known to Ward until April 10. Mr. O'Shea: Our reports don't show that. Mr. Fitzgibbon: I will prove that they were not mado known to Ward until April 10. The offence alleged to have boon cited on April 15 was brought- nv'-v '--j notice at the proper time. The incident known as Cole's case, on May 3,' was reported, and on May 5 Ward was hiv-ugnl before Messrs. Richardson and Cable. To them he simply made a statement. Nothing had been done to give him an opportunity to clear himself of that charge. No inquiry had been made. Mr. O'Shea: How many chances does he want? What does Mr. Fitzgibbon suggest we should do? Mr. Fitzgibbon: If you read the agreement; you will see what you should do. The first that Waril knev- of another charge made by .Inspector Fuller on May 3 was when it was read in Court by Mr. O'Shea. The onus must be on the respondent to prove these charges. Mr. O'Shea said tho onus could not bp -.on the corporation at all, as this was an appeal. The chairman said he did not agree with Mr. Fitzgibbon's contention. Mr. O'Shea submitted that the corporation were entitled to rely upon facts which occurred prior to dismissal, litit whichcame officially under the knowledge of tho Department later. His Worship agreed with this contention. Appellant's Evidence, •Tohn .Tames Ward said lie joined tho service on February 23, and was dismissed on May 5. Counsel read Inspector Fuller's report (as above), detailing the circumstances under which Cole, an employee at the Newtown car. sheds, rode from Island Bay to the Tramway notcl without paying a fare on May 3. Witness said he asked Colo for his fare, but Cole said "I'ass," Witness, taking his word, said no more. After that Inspector Fuller (who had stated in the report that Colo produced a fare and said he wished to pay, but that the conductor did not tome in collect tho fare) got on the car at Luxford's corner. , Witness had recognised .Cole as an employee. Fuller did not'draw witness's attention to Cole not paying his 1 fare. Witness heard nothing of the af-

fair until the afternoon of May 5, when ho went for his pay, and was told to report to the head He was shown into Mr. liichanlson's office, where that officer and Mr. Cnlile -,-°re present. Mr. Richardson ashed him vhether ho remembered Colo travelling without a ticket f:'om Island Bay two days before. Witness was asked to make a written statement, lie did so, and was then told that he was unsatisfactory, and must hand in his uniform. He did not do so, but ceased work on the cars. 110 did not learn of any other complaints against him until tli<> "charges were specified in connection with this appeal. There was a charge made against him by Mr. Aitken, ex-Mayor, some time ago, hut it was not ( included in the charjes before the board. I On another occasion, Mr. Cablo told him : he should not have gone to his union I about a certain matter. Mr. .lames was i the officer he mostly camo in contact with. Starting Numbers Not Entered. Counsel read Tcports hy Mr. James to tho effect that on two occasions he severely cautioned witness about failing to enter up starting numbers, and once told him ho would be dismissed if it happened again. The occurrences were 011 the Aro Street-Duke of Edinburgh run. Witness said it was the rule to enter up tho starting numbers,, 011 leaving a terminus, but on the. fast" run from Aro Street, it could usually not be done until the car reachcd Wordsworth Street. To his Worship: He sometimes overlooked the entering up of the numbers. .Mr. O'Shea cross-examined witness ill detail as to the tickets sold on the occasion in question, and elicited an admission that the car was not overloaded. Inspector C'oyno did, not say anything on the car about his failure to enter up the numbers. Mr. James spoke to him about it afterwards. Witness raid he remembered Inspector Fuller speaking to him on another car at Courtcnay l'laco tho same evening. Ho had taken two fares lieforo the car stopped, and Inspector Fuller asked, what lie had done with the tickets. Witness said he had given them to one of tho passengers. They had by that, time got off. They were 'still in the saloon when he 'gave iiim the ticket. The other passenger was a lady who got 011 at the foot of Cuba Street. She had travelled as far as Courtenay Placo before ho took her fare. She bought a threepenny ticket:. Both counsel agreed that tho sheet showed that appellant must have collected 23 fares before reaching Courtenay Place. Accusation or Assistance? Witness was accused by Mr. Aitken on another occasion of having let two ineu got off a car without paying their fares. Mr. O'Shea: Did you lake it as , an accusation of negligence, or that Mr. . Aitken was trying to assist you to got ■ tho fares that were legally duo to tho corporation? —"I look it that ho was accusing me of not doing my duly." Witness also said 110 had collected tho ■ fares. Some men in the car told Mr. Ailken the fares had been collected, and witness then asked Mr, Aitken if ho was [ satisfied. The latter replied that ho did , not;. believo him, and then witness told • Mr. Aitken to mind his own business. [ Witness was called before Mr. Cable and . the latter said ho would take Mr. Ailken s name before his. The reports of tho other passengers had been sent in to the ■ office. ■ Mr. O'Shea said these reports were not i iii when witness saw Mr. Cable, ' Motorman's Testimony, t William AValter Baxter, motorman, ■ formerly a conductor, said he had somc--1 times been unable to enter up the start- • ing numbers on a terminus bccauso he 1 was too busy. Andrew Cooper, motorman, said the ap- ' pellant had acted as a very satisfactory • conductor on cars with him. The main 1 thing, from his point of view, was, the 1 starting or slopping of the car on time, t Bernard Horace Wills and Ernest' llol- ■ land, motormen, gave similar evidence. 1 Alexander Sutherland, secretary to the 3 Tramway Union, said the agreement 1111t der which tho men worked (produced) 1 showed that employees should bo notified 1 of Departmental reports about t'heir work • within 48 hours of any occurrence complained of therein. He had been a con- ■ ductor and knew it was sometimes ims possible to get the numbers entered up ' at tho terminus and start the car on ! time. 1 Ilis Worship said 110 did not see, how a man should be unable to find a minute or two to enter up a few figures before leaving a terminus. ' Judicial Comparisons. ' Mr. O'Shea submitted argument on tho • procedure of the board. When Mr. Ricli- ■ ardson had the men before him as a - consequence.of complaints, ho acted in a ' judicial capacity. ' Tho Chairman: I quite agree with you ] there. It is the same with the Railway I Department. They hold an inquiry, and , if tho employee is not satisfied ho goes ' to what is virtually an appeal court. ! Mr. O'Shea said that in so far as the ; procedure of tho board was not laid down ! by the regulations, it was for tho board to fix it. The decisions of Mr. Richard- ! son and Mr. Cable were entitled to' bo regarded by the board with great resppct, because those officers virtually con- ! stjtuled a lower court, from which.- appeal was made to this Court. They acted in tho interests of the ratepayers and I of tho service, and it appeared to him that they would rccognise the desirablei ness of keeping good men in the service, r The Chairman faid the board agreed with that. They wanted the men to know tlia.t they had their interests at heart as much as the interests of the department. They j did not believe that one per cent, of the mevi were dishonest, but there might be more than that percentage who were negligent, and their cases also had to be considered. '

Jlr. 6'Shea said that to show how (lie men were treated, 17-1 had left the service in 61 years, and in Hi of those cases a clean-slicpt was Riven. There were two kinds of ccrtific.it.es, so that if they could not say anything pood about a man, they would say nothing. That was a-bona-fide attitude taken up for (he purpose of helping the men. Ho thought that when notico of appeal was served ,iipon the" employer, the employer should bo required to give him a statement of his offences, and to file it like Supreme Court pleadings. There was no regulation to provide for this. Mr. Fitzsribbon again, urged that the appellant had had no proper hearing prior to the appeal, and, further, that Mr.Kichanlson therefore could not bo said to have. Kit in a judicial capacity. The. Chairman: But hp does.

Assistant-Manager's Evidence. Matthew Cable, assistant-manager and assistant engineer of the tramway department, said ho had occupied a similar position at Reading, England. Appellant had proved very unsatisfactory and quite incompetent. Witness explained the ticket system, in connection with which tho enteriiiff up of the- numbers at the termini was of erent importance. The regulations siated that neglect to do so would bo treated as a serious offence To Mr. Fitzgibbon: He had had CJyears' experience in controlling men at electric light works at Earl'? Court, London, and four years at Rending. In regard to the system here, no report could be entered up" on a man's record without tho man knowing of'it. He did not consider the first tlirco qlfcncos alleged against tho appellant would liavo been sufficient to justify his dismissal. The board conferred for several minutes without retiring.

The Decision—Duties and Privileges, Dr. M'Arthur, in announcing the decision of the board, said that every tramway employes should be made Acquainted with the complaint? against him. He ilid not mean that every little caution given him by an inspector should be further dralt with. What ho meant was that when anything was entered up in tho off'.eo records, he should be c;illed in and given an opportunity of answering tho complaint. Not only wiih the consent, but with the hearty approval of his two 'colleagues, he wished lo say Ihat everything tho board was trying to do was for the benefit of the men, for the betterment of the service, and for the benefit of the public. It was most important that each man should have a clrar understanding of his duties. The conductor's duties were, perhaps, the most nriUiohs of all. The conductor must first learn how to give a return of all the money he received. The hoard wns fully satisfied that nearly all tho men were honest and upright men, and the board was satisfied that tho appellant in this case was honest. It should, however, be

understood Hint it was n conductor's duty to give a receipt for every fare ho took in some form or other. The ordinary form was a ticket issued to the passenger, and lie should insist on giving Iho ticket. There worn also cards, and tho conductor must be very cnrelnl to see the card and punch it. He should nlso bd very careful about passe?, and those who had them ought to produce Ilium, even more willingly than other passengers produced what lliry were called upon, to produce. In this f.ise tho man who merely pointed to his chest or something, instead of producing a pass, ought to bo called to account.

In regard to the order of a conductor's duties, when he got to tho end of a run, his first duty—before ho turned the polo round—was to enter up the numbers of tickets. It would not Inko half a minute, nnd the board's strong recommendation Was that, whether the ear reached tho terminus late or early, it should be the lirst thing done, on arriving there. Aβ molormcn hud been called to give evidence, tho board would liko to fay that they recognised that Hie motormen had nothing to do with the sale of tickets, nnd they would not suggest that motormen should bo placed as spies on tho conductors. Appeal Dismissed, The Court had no doubt of the honesty of the appellant. 110 had gone through the usual course of ten days' training, and had been passed as fit. The charges ngniust him, if viewed separately, might seem trivial, but they were not so when, taken collectively. The appellant ought to have been perfectly fitted to carry on Iho work. Ho was not a youth of 17 or 18; ho was a young man, and might be able, to do well fur himself in some other occupation. The board was satisfied, however, that ho was unfit to carry out the duties of a conductor. Ho was either unnblo to perform those duties, or ha was negligent. If he was unable, he ought to have been able after the training he had had. If ho was negligent, that was quite as great; a fault. Whatever his capabilities might be, the board was satisfied that he was not suited for tho position of a conductor on the trams. The appeal would therefore be dismissed, but tho Court would strongly recommend that, if possible, some other employment, not on the cars, should bo found for him.