QUESTION OF OVERTIME.

New Zealand Herald, Volume LX, Issue 18325, 15 February 1923, Page 9

QUESTION OF OVERTIME.

WATERSIDE FOREMEN'S PAY. | CLAIM AGAINST COMPANY. MEN'S STATUS IN DISPUTE. A case involving the rights of-the members of the Auckland Watersido Foremen's and Timekeepers' Union, in respect to certain overtime, was heard before MrJustice Herdman at the Supremo Court yesterday. ' , The plaintiff, Albert Madigau, coal foreman, Auckland (Mr. A. H. Johnstone, instructed by Mr. Tuck), claimed from the Union Steam Ship Company of New Zealand, Ltd. (Mr. McVeagh), the sum of £55 15s 6d alleged to be due for overtime. , . Counsel for plaintiff said tho action was being brought as a test case, as other members of the union had claimed amounts similar to that asked for by Madjgan, tho total sum involved being probably about £1000. He then dealt at some length with the dispute which had arisen between tho union members fend the company over these payments, and said that up to date the- matter rested on the decision of the Arbitration Court, which, on being appealed to, had held thai the company had committed a breach of tho award under which the men worked by putting the men on the permanent staff at certain wages. This, said Mr. Johnstone, was tantamount to an Irishman's rise, as it involved promotion with less pay. The position now was that following the decision of the Arbitration Court, the men demanded arrears of pay alleged to be due to then* Having admitted that £55 15s 6d was the amount of overtime .which had accrued in the case of Madigan for a period of nine months, Mr. McVeagh submitted that Madigan was not a coal foreman, but an assistant master stevedore, and was therefore not entitled to claim; "chat under section 61 of the Arbitration Act, only three months' arrears could be claimed; arid thai Madigan having been paid £6 9s 3d per week, or 16s 3d a week above the award minimum wage, that difference should be taken into consideration in arriving at the amount of overtime due. ■ In evidence plaintiff said his earnings, including overtime, were £7 a week, and during. the war they averaged £9. He asserted that members of the union felt that if they had not accepted the employers' arrangements their services would have been dispensed with. His Honor, after hearing the duties of the members of the union explained, said he was satisfied that Madigan was coal foreman. It was. mentioned that "this dispute concerned only the Union Steam Ship Company and the New Zealand Shipping Company. The case was eventually adjourned tv , allow counsel to confer.