IN PORT—OR AT SEA?

Dominion, Volume 18, Issue 152, 24 March 1925, Page 5

IN PORT—OR AT SEA?

PROBLEM FOR ARBITRATION COURT A DONKEYMAN’S HOURS Sitting at the Arbitration Cburt yesterday, Mr. Justice k razer was called, on to settle a neat problem under the New nealand seamen's award. The point at issue concerned the s.s. Floja, which, it was stated by the employers, moored at the Napier Breastwork vv'harf about 7.30 a.m. on Saturday. August 3u, and worked cargo all day to 5 p.m. At 11.7 she cast off trom the whan, and anchored in cue roaustead at 11.150 p.m., watches being set aim inamtauieu until 5.3 V p.m. on Sunuay, August 31. I’he moruing ot Monday, beptember i, she proceedeu back to tho wharf, and remoored at 3 a.m., worked cargo all nay, aim sailed tor Uisborne at 5.51 p.m. me question submitted was whether the men who were on duty between 11.7 p.m. on Saturday, August 30, and 7 a.m. on Monday, September 1, were entitled to overtime payment r Oil behalf of the employers (the Union Steam taiip Co., lutu.j, nr. M. E. Smith submitted that unuer the circumstances the Flora was at sea ■when anchored in the roadstead on Sunday, August 31. The vessel, he declared, was ordered out by tho harbourmaster, in consequence of the swell increasing at the Breakwater Harbour, which made it unsare for her to remain alongside. The union's contention practically amounted to the fact that the vessel merely slnfed ship in harbour, but tills was obviously not applicable in the case ox the Flora, as the vessel was not properly speaking within tho harbour, but in the open sea. Further 'than this, any shitting of the ship was generally done tor an express purpose, such as from one wharf to another to pick up cargo or bunxer coal. The absurdity of the union's contention w K as obvious, as at times vessels could not even remain in the roadstead, and had to go well out to sea and steam up and down the coast probably ior three or four days until the weather moderated, and yet, under such circumstances, a vessel could, be treated as in port the whole of the time, and overtime have to be paid for all watches kept at sea between 5 p.m. and 7 a.m., on each dajr. Appearing ior the employees, MT. 1. Young submitted that tho point to be decided was whether the Flora was in port or at sea, while anchored in tho Napier roadstead. “We submit,” he added, “that she was in port, and that tho state of tho weather made no difference whatsoever tv the position ofthe ship. His Honour asked Mr. T oung what attitude he would have taken if the Flora had had to put to sea and steam up and down the coast for safety ? “In that case," answered Mr. Young, “the complexion of the case might be different. Tho Court reserved judgment. LAWS OF MEDES AND PERSIANS. Another application was for the interpretation ot the award in regard to the eight hours to be worked by a donkeyUl Two questions were submitted, the first asking where, under the award, the eight hours to be worked by the doskeyman in the twenty-four hours period would, if worked, commence in port on a Saturday at 6 p.m., was the employer entitled to commence a new twenty-tour hours’ period on the subsequent Monday at 3 p.m., or should the period commence on the Monday at 6 p.m. in tho same way as on the Saturday ? The second question asked Where, under the same award, tho donkeyman had during the week worked his eight hours in port in the twenty-four hour period commencing each day at 6 p.m., but on Saturday was not called upon to work at all alter finishing at 2 a.m., was the employer entitled to commence a new twenty-four hours’ period on the subsequent Monday at 3 p.m., or should the period commence on the Monday at b p.m., in the same way as on the days of tne previous week? . The employers (the Union Steam Ship Company) submitted that in both cases ihe employer was entitled to new twenty-four hours’ period on the subsequent Monday at 3 p.m., or at any time on that day that was found to be necessary. The period of time referred to in the award, they contended was “any period of twenty-four hours, and this could only mean what it said. Jhe 10 was no exception, ior Sundays and holidays, and it was contended, therefore, that in connection with tho first question tho tweny-four hours’ period expired a G p.m., on the Sunday. The employer was therefore entitled to commence a new twenty-four hours’ period on the Monday at any time suitable to him self “It is to ’be noted," observed Mr. Smith, on behalf of the company, that under the first question the donkeyman might have been free from duty from 2 a.m. on Saturday until 3 p.m. on the Monday, and under the second question would have 'been so free during the period named. It is hardly necessary to further mention that had the man coni menced work at 6 p.m., on the Saturday, he would have had to be paid overtime foi all work performed in port alter midnight and before 5 p.m. on the Sunday, in view of the provisions of the 2 lf r the union’s contention was upheld, declared Mi Smith, then the position would be that once the donkeyman had commenced work on a ship at a certain time of the day, that starting time rvould become unalterable, like the laws of tin Medes and Persians, and no change could ever be made, notwithstanding how lengthy the interval between the periods of duty of the donkeyman might be. For the employees, Mr. Young argued that the twenty-1 our hours’ period started at the time a man commenced work in port, but where it Tegan on Saturday night and Sunday intervened, Sunday should be disregarded. Judgment was reserved.