TRAMWAYS AGREEMENT

New Zealand Times, Volume XXXVII, Issue 8366, 28 February 1913, Page 8

TRAMWAYS AGREEMENT

BREACHES COMMITTED BY THE WELLINGTON CITY COUNCIL. The Wellington City Conncil was yesterday convicted by his Worship Dr A. McArthur, S.M., of having committed three breaches of the Wellington tramways employees’ agreement. The first breach alleged was that on September 25th, 26th, 27th, and 28th, 1912, the council employed a fireman named Tomlinson repairing furnaces and paid him Is 3d per hour instead of Is 4d as provided by the agreement. The second breach was that during the months of November and December, 1912, the council failed to employ a trimmer on the several Sunday morning shifts. The third breach, was that on September 25th, 26th, 27th, and 28th, 1912, the council employed Tomlinson during his respective shifts on work other than attending to steam and water and the stokehold machinery. The inspector of awards claimed a penalty of £lO in respect of each breach. In the course of his reserved decision yesterday his Worship said counsel for the defence had contended that the alleged breaches were governed by usage and that the usage brought the work within the terms of the award. He did not consider that the references applied by counsel could govern the case. The disputes had been of some considerable standing, and no particular rule of conduct seemed to have been pursued. It could not be said that the circumstances existing between the parties were governed by any particular usage which had been proved. If it had been proved it would then be considered part of the agreement. He considered defendants had committed a breach in each of the three cases, but as interpretation only was sought for, no penalty would bo imposed. At tho hearing Mr A. Blair appeared for the Inspector of Awards, and Mr J. O’Shea (city solicitor) for the defendant conncil.