WAIHI MINERS' DISPUTE.

New Zealand Herald, Volume XLIV, Issue 13485, 11 May 1907, Page 7

WAIHI MINERS' DISPUTE.

THE COURT'S AWARD.

INCREASED PAY GRANTED.

MR. BROWN RECORDS HIS DISSENT.

The Arbitration Court's award in the Waihi miners' dispute was made, available yesterday morning. The. men were working under an agreement, ratified by the Board of Conciliation, which expired on December 31, 1905. In the new award the men's demands for an increase} of 6d'.per. shift for bracemen, tool-sharpeners, and firemen attending more than three fires have been satisfied in full, while increases of 6d per shift have also been granted in the following cases wherein the men demanded an extra shilling:— Miners working in drives and stopes, dry shafts, rises and winzes, ordinary miners, . chambermen, mullockers, truckers, winders, greasers ;«over 20 years of age, and battery watchmen. In ail other eases the wages remain the same. The employers' representative on the Court, Mr! S. Brown, records his . dissent ' from the award where increases of wages are granted. The award, : which affects the Waihi, Waihi Grand Junction, Waihi Extended, Waihi Consols, Waihi South. Waihi Discovery, Waihi Beach, Waihi Gladstone, and Waihi Consolidated Gold Mining Companies, will come into operation on June 1 of this year, and will remain in force until May 31, 1910. the .full text of the award is as follows: — ..- ■ .; . 7 ; •.,V

; Surface Workers : The hours of work for surfacemen i not working shifts, including tradesmen, shall be 45V hours per week,- exclusive ,of crib time. This includes men working either in the. mine or at the batteries. Any worker sent to do any work at a distance from his usual place of work shall travel one way in his employer's lime. ','.,•-.': ' ; "''"'■ " - -

Wet and Hot or Gassy Places: Men working in wet shafts 'and.', other wet workings or in hot or gassy places . shall,' be paid ; shift- wages for sixhour shifts at the face.- • - Bracemen and Chambermen : Xo person under the age of 18 years shall be employed in the mine as a braceman :or ehamberman. Wages for Youths: For youths under 17 years of age, As per day; from 17 to 18 years ; of" age, 5» per day; from 18 to 19 years of age, 6s. per day; from 19 to 20 years 'of age, 7s per day; over 20 years, the minimum wages hereinafter provided for workmen. For. hoys "under the age of 16 employed on-the surface:'Of the age of 14 to 15 years. 15s per week; 15 to 16 years, £1 per i week. . «,, " Payment of Wa-ges: Section 3 of the Workmen's Wages Act, 1893. having prescribed that in the absence of an agreement in writing to the contrary, the entire amount- of wages earned by or payable to any workman engaged or employed in manual labour shall be' paid tc such workman at intervals of not more than one week, the Court orders, as a term" of this award, that no agreement in writing shall be made between the employers and their workmen whereby -the payment of wages shall be made at intervals of more than two weeks. . , , ,

(Contracts: In all cases in ; which work is let by contract; written specifications and conditions shall be signed by the mine manager and by the contractor or contractors.- Such conditions shall contain a clause that monthly progress payments will be made at. the rate 0f"75 per -:ent. oP the contract value of the work certified? by the mine manager to have been done, by the-contractor-or contractors, and that the balance of the contract moneys shall (in the event of the contractor producing to the.; mine- manager receipts signed i. by all. the .workmen employed on wages by the contractor or. contractors on the contract, showing"' that- all-wages claimed, have been-paid) be' paid to the contractor or contractors on the pay day next ensuing after : the due completion of ' the contract. ";'■ If the contractor or contractors shall not. have paid to such wages men all the wages due to them for work done; upon the said contract, then if the said wages men shall on the said pay day attend with the contractor.= or contractors at the office of -the employers where wages are usually paid the employer shall, if . the work has been duly. completed, and notwithstanding that the period of 31 days from the date of the completion shall not -have expired,', pay to the said wages men the wages due by the contractor or contractors to them if the ; moneys then owing to the contractor or contractors shall be sufficient; for the purpose, and shall pay to the contractor or contractors the balance (if any) of the moneys then remaining 'due to him or them. Such conditions, shall also contain a clause giving the employers power, if they, shall think fit to do so at any time upon the ■ application of "any wagea man employed ,by any such .< contractor or, contractors, to pay to such wages man' the amount then owing'to him by such contractor or contractors for , wages, and to deduct, any amountpaid ; in ; this way from any; moneys then or -at. ony time : thereafter ; payable ; to any such -con-, tractor or contractors. . Such conditions shall; also contain' a' clause providing- that, in the event of he contract being suspended" or-'caiicelleaßy the* employers:, without default 'on;.the; part- of- the contractor or contractors, 'the\:'employers shall pay ito the contractor i or contractors the amount; then' earned: upon the contract based upon the contract price, aud such further sum as compensation for the suspension or cancellation > of the contract is may be agreed upon between the. mine manager and the contractor or contractors, and, failing such agreement, as may be fixed ; by the warden of the mining district- in proceedings to be instituted in ; the Warden's Court of the district for that purpose.. - •■ - --:. Monthly Take System: No work shall, after the coming into operation of this award, be let on the " monthly-take" i system, but nothing: herein contained shall affect .the right of the employers to let work by contract as prescribed in the pre-, ceding clause. ' ■ ''" *';/>: Wages Men Employed by Contractors: ; A clause shall be inserted in every contract, binding every contractor to pay to the wages men employed on any such contract the minimum rates of wages prescribed by this award, and.to observe' all the other conditions of this award so far as the same are applicable to such wages men. . Tributers: Tributers; who ' shall employ wages men shall pay them the minimum rates of wagers prescribed by this award. and shall observe all the other conditions of this award so far as the same are applicable to such wages men. Preference: If and so long as the rules of the union shall permit any person now or hereafter to' be employed in or about a mine or a battery and who is now. or who may hereafter reside, in this industrial district to become a member of the union upon payment of -m entrance fee not exceeding 5% and of subsequent contributions, whether payable weekly or not, not exceeding 6d per week, upon the written application of the person so desiring to join, the said" union, without ballot or other election, then in such case each of the employers shall when emploving men on wages employ members' of the said union in preference to non-members, provided that there are members of the union equally qualified with non-members to perform the, particular work required to be done and ready and willing to undertake it. Provided that this clause - shall not interfere with engagements subsisting between, any employer and non-unionist at the date of this award.; but such employer mav continue to emplov any miner or other person then actually employed by such employer as theretofore, although such miner or other person mav from want of work ; in such wine or other-, wise be from time to time not actually employed in such-mine. If the conditions of the last clause are -. not provided for by the rules of : the said union,, then the employers may employ miners and.other persons whether'members of the union or not: but no employer shall discriminate against members of the union, or shall, in- the employment or dismissal of men,, or. in. the conduct of the mine, . do anything for the , purpose of injuring the union, whether directly or indirectly. The said .union shall keep in some convenient place in Waihi,and Waikino a book to ..be called "the employment book." wherein shall be entered the names and : exact addresses Of all the members of the union for the time being out of employment and desirous of obtaining employment, with a, description of the branch of mining employment in which each such ; person claims. to be proficient, and the names, addresses, .and occupations of every company or person by whom any such member of the union has been employed during the preceding nine calendarmonths. Immediately upon any such member of. the union obtaining employment or ceasing to desire employment a note thereof shall be entered in such book. The executive of the union shall use their best endeavours to verify the entries contained in such book, and the union shall be answerable as for a breach of this award in case nnv entry therein shall be wilfully false to the knowledge of the executive of the union, or, in case the executive of such union shall not have used reasonable endeavours to verify the same. Such book shall be open to each of the employers and to the' servant? of each of them at all hours between nine a.m. and five p.m. on every working day except Saturday, and on that day between nine a.m. and noon. If the union shall fail to keep the employment book in manner provided by this clause, then and in such case and so long' as such failure shall continue the employers or anv of them may employ any person or persons, whether a member or members of the union or not. to perform the work required to be performed, notwithstanding the foregoing . provisions. Notice in writing shall be given by the union to each employer of the place where such employment hook is kept and of any change in such place. Tributers and persons to whom workis let on contract need not be members of the said union, and the provisions hereinbefore contained as to employment of unionists and non'unionists shall not extend to the employment of bovs and youths under the age of 17 years. Wages: The following shall be the minimum rates of wage? which shall he paid by the emplovers respective.lv to the persons employed by such employers in the capacities under-mentioned. • that is to say :—ln or, about a mine—Miners working in drives and slopes, 8s 6YI per shift: dry shifts, 9s; wet-shifts (six hour shifts), 9s; rises and winae*. 8s lOd: ordinary miners, 83 6d per shift timbermen. 9*: timbermen mates, who, if, and when they shall have had six months experience of the work, Bs'6d ; chambcrmen. 8s 6d; brocemeu. 8s 6d; mullockers. 2s; truckers, 8s; surface labourers,. 7s 6d ; rock drillers, 9s; pumpmen and pitmen, 9s 6d ; blacksmiths. 9s od;. strikers (over 20 years of. age), 7s 6d; toolsharpeners, 9s; firemen attending to three fires or leas. 8s: firemen attending to more than., three fires, 9s; fitters, 9s 6d: enginedrivers requiring first-class certificate and ■ in charge of pumping or hoisting machinery, 10s; winders, 10s; winchmen. 9* 6d : carpenters, 9s 6d. Batteriesln_ batteries a shift shall be eight hours, inclusive of crib time, and work shall commence at midnight on: Sunday- and cease at midnight- on Saturday: No youths under the age of 16 years shall be employed in a battery or in or about a tailing plant, but the Court doe? not otherwise limit the number of youths who-may be employed in a battery or tailing plant. Wet batteries: Stamper bands, 6rt per shift: greasers over the age of 20 years. 7e 6d;-.. watchmen when employed. 7s 6d {'■ amalgamators, 9s; stonebreakers or crushermen and man in; charge of breaker., 9s;. stone-' breakers' ; labourers, v. 7s 6d: ) truckers. 7s 6d -.repairers, 88; repairers' labourers. : 8s: general labourers. 7s 6d: . feeders,- 7s 6d.: Dry batteries In dry-crushing batteries all the employees work-

ing in the dust shall be paid Is per shift. in addition to the above . vates. This is also to apply to trucker* trucking from kilns to ury batteries. Kilns : (dry)— Assistants and , firewood hands,. 83 per shift. Cvnnide .workers—-Cyanide men working in wet "batteries, 8s; pressmen, 8s; i pressmen's labourers, ;7a Gd : sluicers,- 7s 6d.. ■• All cyanide workers working in dust to be paid Is per shift in addition to the "above; rate?. Engineers, etc.— Enginedrivers requiring to .:■ hold a first-class certificate, 10s per- shift; enginedrivers requiring' to hold a'; second-class certificate, fls; electric motor drivers, 8s; men <in : charge of switchboard, 8s; firemen attending to three fires less, 8s; firemen attending to more' than three fires. 9s; blacksmiths, 9s 6d ; fitters and turners, 9s 6d ; strikers, if over 20 years of age, :7s 6d; carpenters, 9s 6tl; carpenters (if working in dust), Is more per shift;; plumbers, lte; cleaners, if under 20 years of age. to be paid according to youth's scale hereinbefore contained. ■ , ; Overtime: Time and a-quarter shall be paid for all overtime' done in the mines or batteries which is not rendered necessary by reason of breakage or other special emergency involving danger to life or. damage, to property. Holidays : Miners' Cay shall be observed as -a general holiday, and all men required to work on that day (with the exception of those necessarily required in connection,with pumping' and any breakdown of machinery and on cyanide process] shall be paid double time. .Christmas Day and Good Friday shall also he holidays. f TJnder-rate Workers: (a) Any worker who -considers himself incapable- of earning the minimum wage in paragraphs 15 to 22 hereof (inclusive) may be paid such lower wage as may from time to "time be rived, on the application of the employee after 24 hours' notice, to the union, by the warden of the district or such other; person as the Court-may from time to time appoint, for that purpose, and such warden or person in so fixing such wage shall have regard to the worker's capability, his past- earnings, and such other circumstances as such warden or person may think fit to consider, after hearing such evidence and argument as the union and employee shall offer: and. upon granting such a. permit, the warden or other person .shall forward '/notice thereof to the inspector of factories, (b) Whenever occasion arises for so fixing an employee's wage it shall be fixed for such period, not exceeding six months, as such warden or other person shall determine, and, after the expiration of the said period, until 14 days' notice shall have been given to him by the secretary of the union requiting him to have his wage again fixed in manner prescribed by this, clause. Provided that In the, case of any person whose wage is so fixed by reason of old age or permanent disability, it may be fixed tor such longer period as' such warden or other person shall think fit. (c) It shall, notwithstanding the foregoing, be competent for an employee to agree with the president or secretary .of the union upon such wage without having .the same so fixed, (d) It- shall be the duty of; the union to give notice to' the inspector of factories of every agreement made with an employee pursuant hereto. ' (e) It shall be- (he -duty.; of an employer hefore employing 1 man at such lower wage to examine the permit or agreement by which such wage, is fixed. '.-'. Posting Copy of Award: The employers shall permit- the union to post -and maintain a copy of this award in some convenient place or places in or about the mine or works of each employer. Matters not Provided for and Disputes: (a) Any matter not provided for in this award shall be settled bv written agreement between the employer concerned and the committee of the union, and, in the event of their not agreeing, the mirUer in ; dispute shall he settled by the mining inspector for . the district, (b) If any. dispute shall arise as to what is a wet shaft or working or a hot or gassy place.' the same shall he settled bv the" mining inspector- for the dis tvict, whose decision on the subject shall be final. MR. BRQWN'S REASONS FOR OBJECT-" ': ING. ;'' . , • ' _ »•." ,TO THE EDITOR. -•" '.''•'.'•■','.''"' Sir,—l have. to ask you to kindly publish my reasons for dissenting . in the, Waihi miners' award. , ' All former presidents Kayo delivered the awards, if sitting in the district, : from . the Bench. Had this usual . course been adopted I bad my, reasons written out ready to deliver. But the unusual course adopted by the president leaves me no other course to obtain fair play than to ask you to publish them, with my letter. I may say, also, that it has been the custom with the- former presidents to read over the award with .the members to see that all was correct. As I have not seen the award from the time it was in rough manuscript notes, I have no means of knowing if 'it is correct, or contains matters as they were put. Samuel Brown,, Employers' Representative -.Arbitration . .'-, ■, ■■ - ■;-:■ Court. < P.S.— delivering a recent judgment here the president forgot to,,state that I dissented. No other president-ever, forgot in like circumstances. ... , ' In making the last award Mr. Justice Cooper made the following, statement; among others : — The fact that two or three companies in the district, are obtaining . good, returns, and that, therefore, the rates of wages should be based on the profits made by these companies, affords, in our "opinion, no sound reason- for fixing. a : high rate of wages in a- district where the great majority of the mines are .not obtaining payable returns. - After the currency, of that award had run out the miners themselves renewed it for a further , period , of '■' two. year*. '< 'Then:, the - union '.eplftf ; tip- Into "two unions. The effect' of this, division of the,union was to enable them; single out practically the only dividend-paying company in the district. In the reasons above referred to Mr. Justice Cooper says further i '" We have to look at the industry "as: a- whole". , We. ore- not justified in increasing the rates of wages because one or two employers are prosperous unless "here are other substantial sound reasons for doing so; and we have also to consider what, effect upon the industry, as a. whole, and upon the workers themselves, an increase would produce." In the present case 'we hod • the evidence :of Mr. < C. Rhodes, at the hearing, that. the conditions were the same, or no better, than three, years ago— that- there were only about three paying mines in the whole of the Hauraki mining district, and only one in Waihi. He further stated that several had been wound up or gone under, and that there was a lot -of poor grade.ore which, if the cast wqa increased, would probably have to be left'behind. Mr. Rhodes' evidence was not- contradicted in any particular. - The fact that the ores of the Hauraki district are low- grade renders the statement made at Reefton by Mr. justice Chapman much more applicable to this district : " A little more or less . loading, may mean the difference between development or shutting down. Whatever may be done with other minerals the price of gold cannot be -increased." ■ In other words, the increased- cost cannot be-,passed on to the public. In. my opinion there bad not been substantial reason shown for alteration since the agreement was made by the miners themselves. The evidence of Mr. Rhodes shows that- the same conditions substantially hold good now as when the agreement was made. I consider . the, alteration may have «■ detrimental effect on (he district, :in that it will be more difficult to getforeign capital. Capitalists may feel that 11 ere is no certainty in the continuation of 'uw-irds. and that large sums of money may lie sunk when a change in an award may make it unprofitable to work a mine in this district, where, owing to low grade ore, the margin is generally very small. If the effect of an increase to certain men means less work in the district, I think the body of men as a whole are not benefited. For these reasons I am of opinion .that it would have been better for the whole body of men and the district not to have altered the award.