ARBITRATION COURT

Otago Daily Times, Issue 12393, 1 July 1902, Page 7

ARBITRATION COURT

. THE SEAMEN'S DISPUTE. THE COURT DELIVERS THE AWARD. Tho Arbitration Court sat in tho old Supreme Court yesterday morning to deliver its award m the Seamen's dispute. His Honor Mr Justice Cooper presided, supported by Mr R, Slater and Mr S. Brown. Mr W. Belcher appeared for tho Seamen's Union, and Messrs C. Holdsworth and P. J. Kirby appeared for the Union Steam Ship Company. The text of tho award is ns follows: - is . bctwcen th « aeamon of this colony and the various shipowners throughout New Zealand. fhough the claims arc made by fnr y , tllc a nd arc principally !t,VVY S0 ° f 108 P" monl!l i>> the wages and M per hour on tho present rat» of H per te" T , h,,ro " ro in ,o ™»W industrial i t l,l l c , 0 ' the three principal Si' ? ntt tho cnurt hlv ® heard each dispute in each centre. in addition to the increases asked for in the rate 3 of pay. a bvt: T l l o,hCr hav<! «W for ii i UI,lOl,s i tile principal of which are W.J , w ? tch , eß wflcn the steamers are l! Tv or harbours under banked fires, "t 0 ' I ',' 0 ".?' nn ?' lor watches, and, when at Hi 4° n ° f . wlmt nre know » »»' "ventakL t k grca . l '! l,afes of evidence lias been and n,;Lv Co !,' r f l .!" , A,,ckl ™d, Wellington, sidcrcd bf us. becn carefully-con-th'»Mb.r mi l iMity , of , tho c , OH,t aro of opinion !»foi n l'-" 9 I ? ot 1 , b50n Bllown any such matemUHeration m the conditions which existed }?• • 7 hen tho l? st . awards wero mado by this court, as would justify tho court in increasing the rates of wages and overtime at the present time, and since those awards were made tho Federal tariff has come into existence, and considerable uncertainty exisis as to its ultimate effect oil tho carrying trado oi tho colony.

Tile claims now made by the seamen wero very carefully and fully inquired into bv this court at tho former hearing, and a majority ot the court consider that in tho present dispute •?, co , urt , ""e ll4 n() t to substantially interfere ■with the last award. " f. r . Slater does not agree with Hub view, anu thinks that tho increase of 10s should be granted.

As regards the question ol banked fires, anchor, watches, and seven-bell meals, the court ore of opinion that it would be unwi6e, as well as dangerous, to interfere with the discretion of tho responsible officers of the steamships in the regulation of these or any similar matters ■which relato to tho precautions which these officers may from time to timo think it necessary to take in regard to the safety or management of tho ship, anil liavo in effect substantially continued the provisions of the former award. We have made.somo provisions for tho payment of overtime to men who aro called iroro their watch below to discharge ashes, and nave extended the provisions of clause 20 of the Wellington award of 1899 to boats engaged Jri the Wcstport coal trade, and have also made a'slight alteration in the payment of overtime to men engaged on excursions on stated holidays, and have added Boxing Day and Easter Monday to such holidays. . "With regard to the questions of preference' and the demand of the unions for power to their representatives to visit the vessels, both these matters havp been twico fullv considered by this court-in 1897 by tho court ur.dertho presidency of Mr Justico .Williams, and in 1E99 undor the presidency of Mr Justice Edwards,— and a majority of the court at the present hearing ace no reason to differ from the decisions of this court on those occasions.

_ " Separate awards lmvo to be made lor each industrial district in order to comply with flip provisions o( the statute, and thn award now delivered ia nominally tl"> one for tins district. "In all essentiat particulars the awards for each district- are the same. "In the Auckland award sjiecitvl provision has ton tnade for the boats trading Within river nrd extended river limits, and in tho Wellington award for some boats trading nnder circnmstonces which render the full application of the general provisions of the award impinfcticable.'

"The Auckland award and the Wellington award will be forwarded to the clerks of awards' irl these districts to-monow, and will be deposited there in manner required by law. "The awards will conio into operation throughout the colony on the Ist of August, and will continue in force itiitil tho 31st December, 1903. t . ' " 111 the Court of Arbitration of New Zealand, Otago and Southland Industrial Dietfict. "In tho matter of 'The Industrial Conciliation and Arbitration Act. IDOO,' and of its .amendments, and in the mutter of an' Industrial dispute between the Dunedin' section of the Now Zealand branch dt the Australasinn lN!dCratc<l Seamen's W r ' dustrial Association of Workers (hereinafter called ' the union ') and tile Union Steam Ship Company of New Zealand (Limited), of Dunedin, and Keith Ham--say, of Dunedin, shipowner (hereinafter called 1 the employers').

"The Court o{ Arbitration of New Zealand (hereinafter called 'tho court'), having taken into consideration the matter of tho abovementioned dispute, and having heard tlie uhidrt by its representatives duly appointed, nnd having also lieard such of tho employers as were represented either in person Or by their representatives duly appointed, and ' having also heard the witnesses tailed and examined and OOS3-exaniined by and on behalf of the said parties respectively, doth hereby order and award: That, ob between tho union and the. members thereof and tho employers nnd each and every of them, the terms, conditions, and. provisions sot out in the Schedule hereto and' of this award, shall be binding upon the union and upon every member thereof and upon the employers and upon each snd every of them, and that the said terms, conditions, and'provisions shall be deemed to be and they are hereby incorporated in and declared to form part of this award; and, further, that tho union and every member thereof, and the employers and each and every of them, shall respectively do, observe, and petforui every matter and thine by this award and by the said terms, conditions, and provisions respectively required to be done, and shall not do anything In contravention of this award or of the said terms, conditions, and provisions,, but shall in all respects abide by, observe, mid perform tho same.' And the court doth hereby farther award, order, and declare that any breach oT the said terms, conditions, nnd provisions set out in the schedule hereto Blinlf constitute a breach of this award, and that the sum of £100 Bha'l be the maximum penalty payabl© by any party or person in respect thereof. And the court doth further order thnt this award shall cpme into operation on the first day of August, 3303, and shall continue in force until the 31st day of December, 1903.

, "In witness whereof tho seal of the court liatli been hereto put and affixed, nml the president of the court liath hereto set his hand this SOtli day of June, 1902. " Theo. Cooi'Eß, J., President." ".Tite Schedule Hereinbefore Refemied.To. " Limitation of Award. ' 1. The provisions of the above award and the provisions and conditions contained in this schedule ahill bind the shipowners respectively in so fat only as respects ships owned or chartered by them respectively which trade within the limits of tho industrial district of Otago and Southland, or which trade in some trade one of the terminal ports of which is Yfithin the limits of the said industrial district.^

• u mi to bo Paid. 2. The following shall be the rates of wiges jvhieh shall be paid by the shipowners respectively to the men employed by them respectively—that is to Bay: Able seamen, £6 10s per month; trimmers, £0 10s per month; firemen, £8 10s per month; greasers, £8 10s per month; donkeymen, £9 10s per month; lamptrimmers, £G 10s per month; lamp-trimmers and A.B. s, £7 10s per month; boatswains, £7 10s per month; first class ordinary seamen, £4 10s per month; second class ordinary seamen, £3 10s per month; first class boys, £2 per month; second class boys, £1 10s per month. . 3. All wages aro to be paid on the first day of each.calendar month, or within seven days alter, or as soon after tho seven days as tho vessel arrives at any port where there is a branch of any bank. " Overtime. ■-" 4. Overtime shall he paid for nt the following rales—namely: To A.B.'s, ordinary sea-

IfICH, trimmers, firemen, ar.d greasers, la per hour; to any of tho said men wlicn engaged in trimming coal at loading ports, Is 3d per hour: to an? of tho said men when engaged in boating cargo in roadsteads in tho months of Janu»ry, February, March, April, September, October, November, and December, Is C<l per hour ; to any of the said men when engaged in boating cargo in roadsteads in H, e months of May June, July, August, Is 9d per hour; to any of tho eaid men whon carrying or stowing grain in bags m cargo steamers only, h 3d per hour. 6. Boys shall not be worked overtime. Honrs of Labour at Sen. "6. Deck hands: Watch and watch of four hours each. -

"In stokehold: Watches of f ollt hours on and e!ght hours off On small steamer, running short trips, and on steamers where onlv two firemen, greasers, or trimmers are carried watch Mid watch of six hours; but employed on six-hour watches shall be paid fi per month extra, " Between tho hours of 5 a.m. and 5 p.m. on intercolonial steamers, and between the hours of 6 a.m. and 5 p.m. on coastal steamers, seamen on watch shall perform any work required of them. Any work performed by them outside these hours shall be paid for as overtime, with tho following exceptions—namely; U) \ O 2 neccisary for tho navigation or safety 0 f the ship, (b) clearing decks, stowing caigo, gear •to- for half an hour after leaving port ' 9. Firemen, greasers, and trimmers shall work as required during their watches. 10. When tho watch beloiv in required tn do any work otherwise than what i s nccessary for he navigation or safety of the ship they shall be paid overtime. "11. When a steamer is under banked firei night or day, the whole watch shall, if it bo necessary in the opinion of the chief engineer remain on duly m the engine-room and stokehold, and perform any necessary wok that mav be required in the engine-room and stokehold. No overtime shall be paid for cleaning tubes. Ashes shah be discharged by the watch on duly •if such work con be reasonably performed by such watch If tho watch below are called '[P, m ,^' r wat ?'' Mow >■ discharge ashes, cither beforo arrival at or after leaving port' or during the voyage, they shall be paid overtime lor such work.

« m itl" ? ours 8 ' Labour in Port. , 12 ' , Tho 1,011 " of labour for aeamen in all ports, bays, and roadsteads shall be eight— namely, from 7 a.m. to 5 p.m., with two hours lor meals, During the before-mentioned hours tie seamen shall work as required, "13. Where threo watches are kept, firemen, greasers, and trimmers shall givo eight hours' work in each 24 hours. Any work beyond this shall be paid for ns overtime, or an equivalent time shall be allowed olf in port, 14. \\ hen time off is given .in lieu of cash payment for overtime, it ahall bo equivalent to the same in monetary value—that is to £av, seamen and trimmers shall be allowed two and a-half hours, and and greasers two hours off for, each hour worked as overtime. Time qft shall be given at the homo port, or at the place where tho men reside, or bh mutual agree* ment between tho officer and the men time off may bo given or accepted at places convenient to both parties. -When time off is given by request of any man, he shall provide a substitute, who in all cases must be subject to tho approval of tho officer in charge of his department. It shall not bs necessary for men to provide substitutes to fill their places when tame off for overtime is given. Uudor no circumstances shall tinio oft bo given at sea or on Sundays or holidays. In tlio event of men having time off due to them which cannot be conveniently given before th» end of the month in which it was earned, it shall be paid for at overtime rates.

"15. When in port or at anchor in bays or roadsteads, the eight hours shall be between 7 a.m. and S p.m., bb above, or by ecu, watches, aS circumstances may requite. "10. In vessels where only two firemen, greasers, or trimmers are carried, they shall keep watch and watch tit sea and in ports, or at anchor in bayß .cr roadsteads, wht.i required. "17. Sea watches in stokehold on doys of sailing and arrival shall count as portion of tho eight hours. This shall apply also to sishour watches. " 18. Firemen, greasers, and trimmers shall work as required during their watches. ' 19. When a steamer arrives in port in tha morning and sails again the same day, tin* ■1 «.ni. to 8 a.m. watch on deck shall be allowed a wa.tch below from'B a.m. till 12 noon, provided that the seamen are not allowed to leave the ship unless by express permission of the eiilGf oihcer; and in tho event of a ship arriving in port befween 4 a.m. and 8 a.m. tho unexpired time of .the sea watch is to be deducted from the watch Mow between 8 a.m. and 12 noon. .In ports tvhrte shore labour is not readily available to relieve the 4 a.m. to 8 a.m. watch the seamen can be called upon to work between 8 a.m. and 12 noon, and shall be paid overtime for any time worked between flieSe hours in excess of the unexpired time of the R?a. watch.

' M'ho foregoing'clause (IB) shall only apply 'to the time-table steamers employed in tho following trades—viz.: (a) WelKngton-liyttcl-.ton ferry service; (b) Wellington-Picton-Nel-son; (e) Wellington-Picton-Nelson-Westport-Greymoulh; (d) Wcllington-Nelsou-New Plyniouth;Manukau; (e) 'coal boats trading between Wcstport or Greymouth and any ports on Hie East ot \\ est Coasts of New Zealand, " Overtime in Port. "20. Seamen shall he paid overtime for all Classes of work performed in any port, bav or roadstead between tho hours of 5 p.m. and 7 a.tn., or during meal hours, except work necessary for tho safety of the ship. "'2l. Firemen, greasers, and trimmers shall he paid overtime for all hours worked in excess of eight hours out of the 24, except for work necessary for the safety of the ship. "22. Night watch in port shall .be from 8 p.m. to li a.m.

! "23. Night watchmen shall bo paid overtime, or allowed equivalent in time, hour for hour, when given tim* off. 24. Donkeyuipn'B overtime nhall commence from the time when steam is ordered to bo made ready. i optional for married members of the crew to work overtime at their home port, or to go ashore, so long as not less than one-half of the crew Tomains on board!i 9P ' cc ' lol 'i when necessary, to be made by the officer in charge. „'' on Sundays and -0. When a ship arrives in port nfbr 5 P.m. on the day preceding a Sunday or a ho]-, day, two hours ahull bs Allowed, irom G a.m. -to 8 a.m.,'oh the Sunday or holiday for washing decks and decoiating tho ship without nay. ffient of ovmirae. • " 27. When a ship arrives in port on a Sunday or a hol'dav, or afttr 5 p.m. ou other davs, half an hour shall be allowed to land mails luggage, or live stock without piiynfent of overtime.

28. Is o overtime shall be puid for any work necessary for the safety of the ship. ' ".29. When a vessel leavps port on a Sunday, having been in port on the previous day, oniv those of the crew actually employed in loading mails, luggage, or cargo shall be allowed overUl !!L a \m' ctlulo rates for the time so employed. 30. Vlien a vessel leaves port prior to 5 p.m. on a holiday, having b?»n in port th* previous day, each man shall ho paid not less than 3s. In the event of the men working time that exceeds 3s in value, such excessive time rates P l ° tlloso em P Io y (!< l schedule

31. When a vessel arrives in port on Sundayand sails again on th'e same day, overtime shall be paid to tho whole crew for' the time so employed, not exceeding in all 8s and not less than 4s per man. When the crew is required to attend on duty to be employed on rjf"™"! 1 «ny of the holidays stated r£ «' OV " I,WQ B,laU bo <° the whole crew I " I 0 *o employed, not being less than thtfln' cmcn . getting np steam beforo the ship leaves port shall also bo paid for the time so employed. VCB9el ,™ rk '" than ons i. Sunday or a holiday, overtime Bhall on y be paid for tho time actually emnloyed per mat* ' n "" 83 an<l " ot lcsa than h

n "Holidays in Port. ? 3 V? ho followin " B,in!i observed as pubT?ri,ln,.' f 3 !" IK I r r t: ~ Ncu ' Yf »'» Day, Good Fridnj Easter Monday, Labour Day, the Jung 8 Birthday, Christmas Day, and Boxing c* ? u nn y °f the foregoing days fall on fl. bund&g, tho following or any otl\er clay obultycu as the holiday sliall be given in lieu tlierooj. At eea New Year's Dny, Good Friday, nnd .Christmas Day shall be oWrvwl Suu- !• ' ® or holidays shall not count as tllllG Oil for keeping watch. (( " Meal Hours in Port. <M. The meal hours in all porta, hays, or roadsteads shall he those recognised oiul customary in the port, bay, or roadstead nt which •lie voflsol happens to be. When the deck hands have worked through the meal hour recognised by the port they are (hen employed ill. and have to take their meal after the vessel's departure, the watch on deck shall bo allowed one hour far their meal, and the watch below one hour overtime at schedule rates. When a vessel arrives iu port between the hours of 11 a.m. anil 12.W p.m. the deck bands shall be given one hour for dinner after the vessel's arrival, providing that time admits. I{ emn'oyed during buy portion of meaJ hours, to he paid nt schedule overtime rates. ' "General Clauses, "35. fiallcy lmnkers shall be filM by firemen and trimmers, and when required to do r-n (hey shnl! pive their assistance in the general "wk of the ship. " Hfi. Seamen must, when required, provide < Vmselves wfb, end war, the uniform (if env) of the son-ice in which they arc Employed while iro the ship. " 37. The whnV crew must, when required. Mm] boat pti'l fire drill without. imvinent of overtime, and must be clean and tidy for innpnclinn m> anv day .inpoint»d. " 38. The shipowner shall allow »' sufficient lime rut nt th» vessel's working bours for ono man to clean and keep the men's living ouar: iers in a clean and sanitary condition, ".Sisnins? Off " M. Twenty-four hours' notieo on either side •ball be the lew of disehnree in the port where the shin has drawn o'it her articles; lml should the ship be laid nn at any otlier port of (ha ' vitro'snian colorim tlio crew may accent thpir with weers then dne,'hut slisll be "titled to a free passage back to the final port! Fnjageinentf may be determined in the co'onv *t any time fciisv the ship's arrival at her final

port of discharge in the colony, consequent on tho completion of a round voyage, by 21 hours' notice on cither side, all notices to bogiven to or received from tho master of tho ship only. Any man discharged at any place other than the port at which the articles oro drawn out shall be given a passago back by tho first vessel proceeding to tho home port or to the place at whioh the man shipped. But should a man be discharged at his own request ho shall not bo entitled to a passago back to his port of shipment, or to the port where the articles west drawn out. "Union Steam Ship Company's Benefit Society. " 40. It shall not be compulsory for any employee to subscribe to or become a member of the Union Steam Ship Company's Mutual Benefit Society, or any similar 'society or club instituted by the Union "Steam Ship Company (Limited) or any other shipowner. Any member of the saiil benefit society may determine his membership at his own option, and such determination shall not act prejudicially against the member or members in obtaining employment.

" Vessels Trading to the Islands. " 41. Vessels .trading to the Islands in tho South Pacific, where a conflict occurs in tho observance of Snndays, shall observe tho Sunday of tho port, and the samo terms and conditions regarding overtime as arc applicable to Sundays in New Zealand shall apply' to all crews who arc called upon to work in Sunday. "No Discrimination Against Unionists. " 42. Shipowners in employing labour shall not discriminate against members of the union, and shall not in the engagement or dismissal of men, or in the conduct of their business, do anything directly or indirectly for the' purpose of injuring tho union. " 43. When members of tho Anion and nonmembers aro tonuloyed together, there shall be no distinction between them, and both shall work together in harmony and under the same conditions, and shall rcceive equal pay for equal work. " Term of Award. " tt. This award shall conic into operation on the first day of August, 1992, nnd shall continue in force until the 31st day of December, 1903."