ARBITRATION COURT.

New Zealand Herald, Volume XLIII, Issue 13193, 2 June 1906, Page 7

ARBITRATION COURT.

AWARDS DELIVERED.

A sitting of the Arbitration Court was held yesterday for the purpose of delivering several awards, and judgments in two compensation cases. QUARRY AND PIT WORKERS. In the Auckland quarry and scoria pit workers' dispute, the award was delivered, and provided for the following: Thai week's work not to exceed i 48 hours, the day's work not to exceed eight and a-half hours in live days in the week, and live and ahalf hours 011 Saturdays. Nine holidays to be given in the year. Work done on all holidays excepting Good Friday and Christmas Day or Sunday, which is to be paid double time, to be paid for at the rate of time and a-ha!f. Overtime to be paid at the rate of time and a-quartor fur the first two hours, and thereafter time and admit. The minimum rate of-wages paid to be: Quarrymen, spallers, feeders, truckers, and fillers, lljd per hour: to men engaged getting out .stone roughly squared to measurement, Is ljd per hour. All wages to bo paid fortnightly, or at any shorter period. Local bodies to be exempt from that clause. Employers to find all took. Any workman considering himself incompetent to earn the minimum wages may be paid such less wage as may be agreed upon in writing, between the workman, his employer, and the secretary or president of the union, or ill default, to be decided by the chairman of the Conciliation .Hoard. Preference to unionists is provided for in, the award within live miles of the chief post office. This clause not to compel employers lo refuse to employ persons now in their .employ:,',,;. Names and addresses of members of he union to be kept in a book, within a mile of the G.P.0., such book to be open to every employer. The award to extend to a radius of 10 miles front the G.1'.0., Auckland, and to come into operation on June 4, 1906, and to remain in operation until June 4, 1908. FISHCURERS. In the tishcurers' ' dispute, the award was given as follows: A week's work to consist of 50 hours, the hours for day hands to bo between six 111. and eight p.m. on Monday to Friday, inclusive, and between the hours of six a.m. and one p.m. on Saturdays. For night work the hours to be between six p.m. and six a.m. The minimum wage to be £2 5s a week. An employee may be discharged without notice. Overtime to be paid for at the rate of time and a-quarter up to midnight, and time and a-half from midnight to six a.m. ; between six a.m. and eight p.m., overtime to be paid for at the rate of time and a-quartcr. Eleven public holidays are to bo observed. On Good. Friday work may be done -at ordinary rates up to ten in.,, after* which hour double time to be raid. Under-rat? men may be employed by agreement between the proposed employer and employee and the union, or an agreement fixed by the chairman (if the Conciliation Board. Preference is also given to unionists. The award is limited to within 30 miles of the P. 0., Auckland, but leave is reserved to make orders joining other parties in localities within or .beyond that limit. The award comes into force on June 4, 1906, and remains in operation until June 4, 1908. ■ The Court was unable to lay down a rule as to the changing of day and night hands, but suggests that employers should endeavour so .to arrange that night workers get a fair proportion of day work. • BUILDERS'* AND CONTRACTORS' LABOURERS. The award for the Auckland builders' and contractors' .labourers, includes the following clauses: ■ The actual working time per week not' to exceed 47 hours. The actual working time per' day not to exceed eight and a-half hours for the first five working days of the week, and four and a-half hours on Saturday. Work to commence not earlier than half-past seven a.m., and to cease at five. o'clock p.m., and work to cease at twelve o'clock on Saturday. Overtime to be paid for at the rate of Lime and a-quarter for the first two hours, and time and a-half afterwards, for all .time worked in excess. Double time to be paid for work on Sundays and holi- ( days, five of . which are provided. The minimum rate of wages to lie as follows: Labourers employed as bricklayers' .- labourers,' sons' labourers, plasterers' labourers, or. on concrete work, pick . and shovel work, or shovel or spade work in connection with building operations, to be paid at not less than Is per hour, labourers engaged in the construction of scaffolds to be pajd Is Id per hour; labourers employed on' any unskilled work not coming within above clauses in connection wiuii building operations to be paid not less than 10£ d per hour; labourers employed on any public drainage or sewage work within a radius of 10 miles from G.P.0., a minimum wage of Is per hour; men engaged in laying pipes and making pipe joints, who require to have a license. Is Id per hour. Boys to be only employed in labouring work in the proportion of one boy to every four fully paid labourers. A boy to bo deemed to be a youth if. under the age of 19 years. All tools excepting hod and short-handled shovel to-be supplied by the employers. The usual clauses referring to under-rate workmen and preference to unionists are included.

The Auckland Tramways Company is exempt from the operation of clause 12. On repairs for an accidental breakdown overtime rales not to be paid. The award applies to employers carrying on business within a radius of 10 miles of the G.P.0., and expires on June 4, 1508.

COMPENSATION CASE.

SELBY V. MANNING.

In the case in which David William Selby. sued Frederick William Manning for compensation at the rate of £1 2s 6d a week from. April 10 to June 16, 1905, judgment was given. The Court found the facts to be as" follows:—The.claimant was working at a ditch, but during the dinner hour strolled about the paddock near his working place, and while so doing stepped into the burning ground, either as described in his evidence or through an ' accidental stumble. He must have "been two or three chains away from Hie place where lie had left, his tools in the ditch when this occurred. The question as the Court found the facts was one of law, and they had to consider whether as a matter of law tho accident arose out of and in the'course of Selby's employment. An accident that occurred while* a workman was procuring material for a meal to be partaken of during the employer's time had been held by the Court to be within the Act. Several cases showed that a case might well be within the Act, though the accident did not exactly happen within the employer's time, but during an interval set apart for meals. Bloett v. Sawyer resembled the present ease' in that the hour during which the accident occurred was excluded from the time for which respondent was to pay. There was, however, an important difference between the two cases. In that case the man was taking a. meal on the employer's premises during the, meal hour when a wall fell upon him. He was then engaged in doing something which certainly was necessary in his employer's interest! That case was an authority justifying the Court in saving that the present accident arose in (he courso of the employment so far as the main question of time was concerned, but the question was whether it was an authority, for the further proposition that the accident arose both out of and in the course of the employment. Thev did not think so. All that could be s'-iid was that, the claimant was lawfully utilising his own time in his own way. It would reouire a. great stretch to enable them to sav that- the emu 1 over was interested not merelv in his sustaining h'mselt for the day's work bv taking food, but also in the iiirt'ciilMr form of recreation in which his cniploree was induleinc. Neither authority nor reason would sustn'n su' h an argument. They held .therefore that the nvideuf did not arise out of the employment. They

thought that, .the respondent .had treated the claimant liberally in - paying him full wages for . the whole time lie Mas actually a up, if not longer, and they allowed £5 5s cost?, with witnesses' expenses and disbursements. The Court will sit at half-past ten o'clock this morning, when the shipbuilders' dispute will be heard.