UNPAID OVERTIME

Dominion, Volume 34, Issue 135, 4 March 1941, Page 5

UNPAID OVERTIME

Workers’ Patriotism PROSECUTION BY UNION A case which may have an important bearing on New Zealand’s war effort was hehrd 'before Mr. Freeman, S.M., in the Hamilton Magistrates’ Court, when A. M. Bisley and Company, Limited, farm implement manufacturers and vendors, Hamilton (Mr. A. L. Tompkins’ was prosecuted by the Auckland Metal Workers’ Union (Mr. W. R. Tuck) for employing 24 men for 45 hours a week and failing to pay overtime rates for the extra five hours worked. ' A penalty of £.16 was sought. Mr. Tompkins said the breach was admitted, but he. contended that it was excusable.

Evidence was given by Clifford William Treweek. assistant secretary of the union, that his executive passed n resolution that the company be prosecuted.

In answer to Mr. Tompkins, witness admitted that (lie . war situation was critical in July and August last. He knew that appeals had been issued by the Prime Minister and others for more work and more production. Mr. Tompkins said that the 24 men concerned had offered to work an extra hour a day at ordinary rates as a patriotic gesture. A telegram was sent to the Prime Minister advising him of the offef-, and a reply was received expressing appreciation and staring that the matter was being referred to the Minister of Labour. The new hours were observed for three weeks in August, and, on .receipt Of advice from the Labour Department that the arrangement constituted a breach of the award and must stop, it ceased. The question arose, said Mr. Toihpkins. as to whether :i union was justified i’ll preventing a man from working long hours ns a war measure if lie wished. Mr. Tuck said the award was an extension of a Statute and there had been a deliberate breach. If defendant’s' attitude were approved it would mean revolutionary changes in the industrial sphere. The magistrate said when the company was told to cease it did so. In ills opinion tile breach was excusable. The information was dismissed. Security for appeal was fixed at £lO