CARGO WORK

New Zealand Herald, Volume LXXV, Issue 22974, 28 February 1938, Page 12

CARGO WORK

CONFLICTING AWARDS RIGHTS OF SEAMEN UPHELD BY THE COURT INTERPRETATION OF CLAUSES In interpreting tho effect of conflicting clauses in tho New Zealand Waterside Workers' Award and the Northern, Wellington, Otago and Southland Seamen's award, the Court of Arbitration has given a judgment in favour of permitting certain cargo operations to be done by seamen. It has ruled that though the same set of employers to each award agreed in Conciliation Council to give waterside workers rights in the handling of cargo hitherto conferred on seamen, the Court in tho subsequent waterside award had no jurisdiction to make an award in conflict on the particular questions with the seamen's award. The questions of interpretation aroso as the result of an application by the Inspector of Awards on the question whether the seamen employed on a vessel of 286 tons net register were entitled to drive winches and/or liandlo cargo, etc., on the ship while the remainder of the loading and unloading on tho ship and the wharf was done by waterside workers. The Court ruled in respect of this question that tho work was done by tho seamen in accordance with their existing rights and it therefore made an answer in the affirmative. Effect ol Clauses Tho Court pointed out that in the waterside workers' award dated November 30, 1937, it was provided that if members of the Waterside Workers' Union were available, seamen should not be employed in the work of loading or discharging vessels or at work on the wharves, trucks, or in sheds or stores. Where union waterside workers were not available in sufficient number and watersiders and seamen wero employed together and where the vessel concerned had to complete loading or discharging on that day, such waterside workers should not bo discharged until work ceased on the vessel. Where seamen were employed to perform waterside work they should bo replaced by union waterside workers when available. The removing and replacing of hatches was recognised in the award as waterside work and provision was made that where it was done by seamen, watersiders employed on tho ship should bo paid therefor. Cause of the Difficulties Tho seamen's award, which was dated February 16, 1937, provided that the established practice in connection with tho handling of cargo, hatches, gear, etc., by seamen, should continue and should bo deemed to be seamen's work. Provision was mado for special rates of pay for tho work when tho vessel concerned exceeded 275 tons net register. Tho Court said that difficulties that had arisen were due to the action of those employers who entered into two conflicting agreements with waterside workers and seamen, respectively. Tho legal position was that the particular clauses dealing with cargo operations in the waterside workers award were inoperative in so far as they purported to affect tho existing rights or seamen.