PENALTIES CLAIMED

Evening Post, Volume CVIII, Issue 121, 18 November 1929, Page 13

PENALTIES CLAIMED

TWO ALLEGED BREACHES

TRAI\nYAYMEN'S TIME

A claim for penalties of £10 each in respect of two alleged breaches of the Wellington City Tramways and Powerhouses Employees' Industrial Agreement was made in the Magistrate's Court to-day by the Wellington Tramway Employees' Union from the Wellington City Corporation.

Mr. E. Page, S.M., was on the Bench. The City Solicitor (Mr. J. O'Shea) appeared for the Corporation, am. Mr. H. F. O'Lcary for the union. '■ Mr. O'Leary paid that the proceedings were brought under section 130 of tlie Industrial Conciliation and Arbitration Act, 1925. The particular portion of the agreement in respect to which the breaches were alleged and penalties claimed was clause 8, under the heading f "Meals," which stated that, except in the case of an emergency, or a breakdown, no employee shall bo worked more than five consecutive hours on straight shift c. six consecutive hours on broken shift without meal relief. . It was alleged that on 30th March Motorman Lee and Conductor Jorgenson were worked for more than five consecutive hours on straight shift without meal relief under circumstances which did apt constitute a case of emergency. On that evening there were races at the Kilbirnie Speedway, and apparently, it was alleged by the authorities, that exceptional circumstances arose out of the traffic coming from the Stadium, creating a position of emergency which entiled them to work the two men more tSan five hours. On the other hand, it was contended by the union that the authorities should have known -hat traffic to expect from the experience of the traffic from three previous meetings at the Stadium. It was alleged that Lee had been worked 27 minutes over the five hours, and Jortgenson 32 minutes over that period. The matter had been'taken up with the City Corporation under instructions from the union, and a letter was written to the manager of the tramway .department, in which it was stated that it" it was considered that the circumstances created a case of emergency or breakdown, the union desired to test the matter. The letter was replied to by the department, which stated that it did not consider breaches had been committed. It was contended that anything that could be anticipated by the" tramway officials was not an emergency occasion* proper provision should be made to cope with extra traffic.

Charl'e3 Hobbs,- secretary of the union, said he was present at a meeting of the executive when a resolution was passed deciding to take action against the City Corporation. Kvidence was then given by Lee and Joi'genson as to the time they were worked. Lee said that after returning to Courtenay place from the Stadium he was told to take over a car for Northland. He got back to the Kilbirnie sheds at 12.18 a.m.

Mr. O'Shea, replying to questions from the Magistrate, said he did not accept the figures. He produced the shed record book, which, he said, showed that Lee's car .arrived at 12.5 a.m. Lee said ( that he thought a clerical error had been made. In answer to Mr. O'Leary, Lee said that his time-running sheet showed that he arrived at the sheds at 12.18 a.m. That time had not been questioned. until today. Ernest William Killick, president of the union, gave evidence as to the running times for the routes concerned and of how time is computed. THEEE DEFENCES SUBMITTED. Mr. O'Shea submitted that there were three defences. The " first' was that an emergency occasion had arisen; the second that the whole matter was trivial; and the third that if a breach were committed it was excusable. The men had had at least 1 hour 35 minutes off duty, and it was alleged that their actual working time on the day was about 7 hours 9 minutes. Each of the men had had his three meals, although possibly they were a little' late in getting home. It was contended that Lee and Jorgerison did not hurry on the extra run. The time for the trip from Cour-' tenay place to Northland ana then to the Kilbirnie sheds was 65 minutes, and Lee and Jorgenson had entered up 80 minutes. The department had had experience of traffic coming from the Sta-. dium. The arrangements made to cope with the traffic the previous Saturday had been ample, and the. same arrangements had been made on' Saturday, 30th March. When Lee's ear came in from Kilbirnie, however, it was found that a number of people were clamouring to go to Karori, and Inspector Hughes asked Lee to take a car to Northland. Duncan M'Gillivray, traffic manager of the tramways department, said it was admitted that the men had been on duty over five hours, but not to the extent alleged by the union. He did not think that Lee would wilfully put down incorrect times.

After further evidence had been heard, the case was adjourned until to-morrow morning.