BREACH OF AWARD

Evening Star, Issue 23422, 13 November 1939, Page 8

BREACH OF AWARD

WRONG RATE CF PAY ALLEGED PROCEEDINGS AGAINST FIRM Claiming a breach of the award the Dunedin Iron and Brass Moulders’ Union proceeded against Beid and Gray in the Magistrate’s Court, before Mr J. 11. Bartholomew, S.M., this morning. Mr J. M. Paterson appeared for the defendant company and Mr J. C. Mowat for the plaintiff union. The statement of claim said that the company had employed Alfred Christopher Hargreaves from May 9 until September 29 on a rate of 2s 6d an hour instead of the award rate of 2s 9d an hour. Mr Mowat said that the dispute was confined to the classification of Hargreaves. The union maintained that he was a first elass moulder and was entitled to 2s 9d an hour. The defendant company said he was merely employed in Die repetition and reproduction of rores requiring: little or no skill, nut Harorenves said his job did require skill’a ml that ho should he classed as a jobbing eoremaker. He was the only permanent eoremaker employed by the company, and his work was not in any way under supervision. It could hardly he said there was repetition because some aspects of his work were not repeated in many years The. company had paid him 2s &d an hour until the terms of the award were known in May, when a reduction to 2s 6d was made", as the company maintained the award did not classify Hargreaves as a first-class moulder. Quoting the union award, Mr Paterson said that if there were grounds for dispute the matter should be taken before a Disputes Committee before being taken to any court of law. The matter had been referred to the Labour Department, and that department had decided the wages now being paid were correct. There was a dispute in the present matter, but the action was not com potent because it had not been referred to the Disputes Committee, which should classify Hargreaves. The union was not acting within the terms and conditions of the award by ignoring the Disputes Committee. It was improper to apply for a penalty in the Magistrate's Court before the matter had boon brought before the Arbitration Court. Mr Mowat submitted the action had been properly taken. The clause referred to by" Mr Paterson merely referred to an alternative course of action. His Worship said he would reserve the point. In evidence Hargreaves denied that the class of work he did could be done by girls, although some of it might be done by girls in certain foundries. He would not admit there was any repetition in his work. Evidence was also given bv Thomas Reid and James Hall Shepperd. the ease then being adjourned until this afternoon.