RAILWAY CLAIMS

New Zealand Herald, Volume 81, Issue 25036, 28 October 1944, Page 8

RAILWAY CLAIMS

NO INTERIM DECISION TRIBUNAL'S PROCEDURE (P.A.) WELLINGTON, Friday The request of Mr L. Mcllvride, advocate for the Amalgamated Society of Railway Servants, to the Railways Tribunal for ail early decision on the society's wages claim, was the subject of statement at today's sitting by the chairman, Mr W. F. Stilwell, S.M. "In all, claims for principal orders and recommendations from the four separate railway organisations total 73, and involve in the aggregate a very large sum of money," said Mr Stilwell. "Out of L'O claims lodged by the A.S.It.S. eight are yet to be tried. One organisation, however, has not yet had an opportunity of presenting any of its claims, and until certain legal issues have been decided and the claims of all the organisations heard, the tribunal will not in general be in a position to give any final decision respecting any claim. For this reason, the present application cannot be acceded to." Retrospective Payment Mr Mcllvride said, that in view of the length of time that had elapsed since the railway men were promised a tribunal in December 1943, he must ask that whatever decisions were reached be made retrospective to the date 011 which the wages claim was lodged, namely. June 30, 1944. That was the most that could be asked for in the matter of retrospective payment because of the provisions of the Railways Amendment Act, 1944. Mr Stilwell said the tribunal would bear the request in mind when dealing with matters it was its duty to consider. Work on Holidays A claim that on Sundays and department nl holidays the break in the continuity of employees' time should not exceed four hours, exclusive of meal hours, was made by the A.S.H.S. Mr Ij. Mcllvride said the present regulation, while providing for one break, made no stipulation as to its duration, and work could be spread over an indefinite period within 24 hours. The department replied that the present practice of booking one man on for two attendances was to the benefit of the employees as a whole, allowing more to have their holiday entirely free, than if the work had to be in a continuous shift. Counter-proposals for payment on departmental holidays were made. The tribunal heard also submissions by the A.S.R.S. in support of the claim that the maximum rate of pay in the traffic branch be granted to all storemen in the signal and electrical branch and maintenance branch. Tradesmen's Submissions A rejoinder to the reply by the department to the claim by the Railway Tradesmen's Association for a general increase in wages was submitted. In addition to commenting on the department's submissions in detail, the association drew attention to the monetary loss to employees by the delay in the adjustment of wage anomalies caused by the introduction of the 40hour week. It was stated that on the department's estimate it would cost £261,400 to accede to the R.T.A. claim. The department saved about £380,000 by the tardy adjustment of _ the anomaly. The same effect was pointed to when Arbitration Court awards were taken as a basis for comparison. It was emphasised also that award rates for skilled workers were minimum rates, and it had not been shown that State enterprise should determine its rates on those paid in privately-owned competitive industry. The A.S.R.S. asked that the wage rate of maintenance employees be not reduced when they were transferred from relaying to rcsleepering work. For the workers, it was contended that the work of relaying gangs and rcsleepering gangs was equally arduous and skilled, which the department questioned. When the tribunal adjourned until Monday it was hearing submissions by Mr Mcllvride in support of the claim that the present method of classification of signalmen and storemen on a percentage basis be abolished and that advancement be by annual increments from minimum to maximum rates TOBACCO COMPANIES INVESTORS LOSE £32,001) COMMENTS BY JUDGE On the application of the official assignee, Mr Justice Fair yesterday made orders for the dissolution of Loyal Limited, and the Consolidated Tobacco Company, Limited, and for the release of the assignee from liability for their administration. In answer to His Honor. Mr T. C. Douglas, for the official assignee, agreed that the Consolidated Tobacco Company had had liabilities amounting to £32,600 nnd no assets. That meant, said His Honor, that the creditors had lost £32,000. This was the case in which the directors were subjected to public examination. Had any action been taken against them? Mr Douglas: No, sir. We were advised by our solicitors that it was not worth while. They are men of no means whatever. His Honor said it was always a surprise to him how people were willing to invest money in these companies without knowing very much about the kind of business or the standing of the directors. Of course, the public should by this time realise that it was the responsibility of the directors to ensure the proper conduct of the company. Its success or failure depended upon the directors _ and their knowledge of the undertaking. This kind of company failure was mostly duo not to any unexpected happening or some misfortune or change in circumstances, but to the mismanagement of those who were responsible to the shareholders. If, as was stated in this case, the directors were men of no means whatever the persons who invested should have been aware of that. HEAVIER PENALTIES A statement that the police had requested heavier penalties in cases involving the unlawful conversion of motor-cars was made by Senior-Sergeant Sparks in the Police Court yesterday, when a young man was charged with unlawful conversion of a car. According to information received from his superiors, said Mr Sparks, representations were being made along these lines, and ail prosecutors had been asked to stress the seriousness of the matter. Mr J. H. Luxford, S.M., replied that the Courts were fully alive to the serious nature of car offences. It was appreciated that a terrific amount of work was placed upon police officers in this connection. Generally, the Courts felt that exemplary punishment must be imposed. The fact that a person was charged with unlawful conversion instead of theft did not mean that the penalties were any lighter.