AWARD ATTACKED

Evening Post, Volume CXVIII, Issue 20, 24 July 1934, Page 10

AWARD ATTACKED

BUTCHERS' CASE CONTINUED

After an all-day hearing yesterdayj the case in which the defence attacked; the validity of the Wellington. Indus* trial District Butchers' Industrial, Agreement, declared to be an award,was continued in the Magistrate's Court today. The case is one in which the Inspect tor of Awards (Mr. J. Georgeson)' claims from Frank Flipp, a butcher, of Kilbirnie, a penalty of £10 for an alleged "breach of the award by permitting two employees to work earlier than (5 a.m. Plipp is also charged under the Shops and Offices Act with employing an assistant for more than fortyeight hours in a week. Hepleaded not' guilty when the case opened yesterday. The inspector- claims from Bryentoa Bros., butchers, of Biddiford Street; two penalties of £10, alleging in one in-> stanoe that-.they had permitted' an ; employee to work before 6 a.m. and in the other that they had employed worker* after midday on a half-holiday. Mr. J. F.- B. Stevenson appears fos both the defendants.; The evidence given as to the fact^ by Mr. Georgeson and Mr. F. A.: Good* acre, an inspector of awards, conn plcted the case for the' Department' yesterday afternoon. For the defence Mr. Stevenson said that although he had questioned the) award's validity, he submitted that the, award authorised Flipp to work men, before 6 a.m. provided overtime .were paid. He read the provisions of tha award regarding payment for overtime and said that the clause defining,G a.m. as the starting time / ihennt the starting time for ordinary work. An employer could work his butchers at any time he liked after 4 a.m., the.earliest starting time allowed by the Shops and .Offices Act, provided he paid overtime for work done before 6 a.m. - Evidence for the defence was given" by George Reginald James, a butcher; employed by Bryenton Bros., and by Frank I. Bryenton. The latter said ha had never known of any assessors get* ting together to make the agreement, and he had never . agreed to any pro« vision that no work should be done be» foro C a.m., for the exigencies of ■ tha business often demanded earlier hours. Frank Flipp stated in evidence that for 23 years he had started his mea before 6 o'clock when ho wanted to, and paid them overtime before,' that hour. He had never been questioned in this practice. : He spoke of the neces* sity for an early start when supplying meat for shipping and a. large publi* institution. He would never consent.toj any prevention of work before 6 a.m. "That was put across us,".he said. William Tunley, a butcher, who.hal acted as an assessor on the employers* side, was another witness for -thd de« fence yesterday afternoon and. this morning. The inspector called upon Alexander', W. Croskery to give evidence. Th9| witness said that he was secretary of the "Wellington Butchers' • TJnion and' had acted in the making of the agree* ment now in dispute. . (Proceeding.)