PAY DEDUCTIONS

Gisborne Herald, Volume LXXV, Issue 22637, 14 May 1948, Page 5

PAY DEDUCTIONS

UNDER 40 HOURS CANTERBURY BAKERS COURT RULING SOUGHT (P.A.) CHRISTCHURCH, May 14. Whether two Christchurch master bakers were entitled to make deductions from the wages of employees in respect of ordinary hours of work short of 40, arising from the union’s decision not to work on Saturdays, was argued in the Arbitration Court at Christchurch before Judge Stevens yesterday. Decision was reserved. The Labour Department claimed £6 19s Id as wages for John Leonard Hathaway and £3 3s 6d for Llewellyn Clarke from Stacey and Hawker Ltd. and C. E. Boon, Ltd., respectively. In these cases, said Mr. G. F. Grieve, for the department, the weekly wages had been reduced by one fortieth for every ordinary working hour short of a 40-hour week. Hathaway, a baker’s labourer employed by Stacey and Hawker, Ltd., said that since March, 1946 when the Bakers’ Union decided against Saturday work, no baking had been done on Saturdays by his employers. More Overtime Necessary To Mr. J. D. Hutchison, who represented both employers. Hathaway said his hours were still about the same as when Saturday shifts were worked on a six-day week and his wages were also about the same. The five-day week worked since the union’s stand had led to more overtime being required. Clarke, a journeyman baker employed by C. E. Boon Ltd., said that at times he worked on Friday evenings up to midnight, the union not objecting so long as there was no Saturday work. Questioned by Mr. Hutchison, he agreed that there had always been ample work to be done on Saturdays, tis being stopped solely by the union’s decision. The hours and payments to workers were about the same, the wages showing a possible increase from more overtime work. Formerly the hours would be 40 plus about four hours of overtime. Since the end of Saturday work they were about 36 hours at ordinary rates, plus eight hours on overtime. If the employers did not’ deduct for the ordinary hours short of 40, wages generally would probably be higher than before, he replied to another question. Workers’ Main Concern To the judge lie said he believed the workers had been more concerned about securing the five-day week than the benefit in wages. Addressing the court Mr. Hutchison said the employers concerned were the two biggest bakers in Christchurch. The 1938 award of the 44-hour week had been reduced to 40 by an amendment to the Factories Act. The chairman of the disputes committee in 1946 held that this did not entitle the bakers to a five-day week and that Saturday baking must continue until the question was settled by a new award.

The union decided to stand by the five-day week. The Master Bakers’ Association thereupon gave notice that they would explicitly enforce the award, having in mind clause 3 (B) which authorised deductions from wages in cases of default by a worker. In a case against the same two employers last year it was held that the deductions had been propertly made. The new award came into force on November 11, 194 C. stipulating a 40hour week, but with no provision for a holiday or Saturaay. Wish of Employers Frank Hester Hawker and Charles Edwin Boon each said they desired to continue baking on Saturadys, but were prevented by the union’s decision not to work. Almost 40 per cent of the week's bread now had to be produced on Thursday night for Friday, Saturday and Sunday' requirements. Much of Iheir output was sold through dairies and fruit shops which were still open on Saturdays and which would sell fresh bread if available.

Their employees seldom completed 40 ordinary hours of work under the present arrangement and wage,deductions were made accordingly. On the other hand overtime work had to be increased and additional labour engaged to cope with the week-end demand. Hawker estimated that his wages bill had increased by 10 per cent tnrough the extra overtime required. The secretaries of both companies corroborated his evidence. Mr. Grieve submitted legal argument that the Industrial Conciliation and Arbitration Amendment Act directed the court lo make a five-day week where possible. The bakers’ award made after the disputes committee ruling did not stipulate Saturday work. The judge said the issue before court was simply whether the employers were entitled under the award to deduct wages in cases of default-. “Will the men work on Saturday?" he asked. Mr. Grieve: I don’t know.

The judge: Of course you know the union has said that it will not work.