ARBITRATION COURT.

Otago Daily Times, Issue 13832, 20 February 1907, Page 2

ARBITRATION COURT.

The Arbitration Com*, resumed its sittings at Dunedin yeatcrda; -ning, Mr Justice Sim presiding. THE ENGINE-DRIVERS' DISPUTE. Tho first caso taken m* tho reference filed! by tho Engine-drivers' Union against ilio employers of engine-drivers in the district extending from Port ChfilniDru to Mosgiol. Mr R. Breen appeared for the union, and Mr W. Scott for the employers cited.' The following is a summary of tho demand. l ) made by the union:--

The week's work shall not exceed 48 hours, exclusive of tho time necessarily occupied' by any worker in getting up steam/ for the machinery; the employer to bo entitled to arrange such hours of work according'to the exigencies of his particular business, and Buch hours may bo worked in shifts, -either by or night.

Any time worked in any one week in extension of the hours prescribed in the foregoing clause to be paid for at the rate of time and a-quarter for tho first two hours and time and a-lialf afterwards.

Work done on New Year's Day, Ejster Monday, the Sovereign's birthday, Labour Day, and Boxing Day to be paid for at the rate of time and a-half; work done on Christmas 'Say, Good Friday, and Sundays to bo paid for at double time, in addition to the ordinary wages; all holidays to be paid for, by reason of tho men having to get up steam before starting work and attending to the bailer and engine during meal hours, and banking fires after work has ceaEed.

Whore the work which the. engine-driver is employed to do requires that he shall hold a first-class certificate the minimum rate of wages shall be 10s per day, and whete he is required to bo the holder of a second-class certificate as a stationary engine-driver, and he is the holder of a second-class certificate, 9s per day.

For casual labour the rates demanded were: Is 4sd per hour if the work required the holding of a first-class certificate, and Is 3d : an hour where a second-class certificate was requisite, such payment to include the time necessary for getting up steam and bonking fires; overtime to commence after eight hours' work for any ono day, exclusive of time required to get up steam, banking fires, etc.. and to be at the rate of Is Gd per hour.

Where certificated engine-drivers are engaged any part of their/ time engine-driving and fill in the other time in workshops or elsewhere at other 'work for. their employers, such men slialt nevertheless be paid the rate above prescribed, according to their relative classes.

Employers shall employ members of llio union in preference to nou-mouibers, aud employers shall not discriminate against members of tho union, nor iri the conduct of their business do anything for tho purpose of injnring the. union, directly or indirectly. Tho employers' proposals included the following:—

Th'e following shall bo tho minimum rate of wages to be paid l ten engine-drivers of stationary engines who are in charge of any boiler within the meaning of " The Inspection of Machinery Act, 1902," for each day's work, exclusive of tho'time necessarily occupied in. getting up steam for tile machinery of tho factory or of the works:—(a) Where tho work that the engine-driver, is required to (la requires that ho shall bold a- first-class certificate as a. stationary engine-driver, and he is the holder of a first-class certificate and lias served his time as an engineer, 10s por dav. (b) "Where the work that he is engaged to do requires ihat ho shall 'be the holder of a first-class certificate as a stationary enginedriver, and he is tho holder of n. first-class certificate, but has not served Tils time as an engineer, 9s por day. (c) Where the work that be is engaged) to do requires that he shall be tho holder of a second-class certificate us 'a stationary engine-driver, and he is the lwlder of a second-class certificate, and has served his time as an engineer, 9s per day. (d) Where tho work tlujt he is engaged to do requires that he shall be tho holder of a second-class certificate of competency as a stationary engine-driver, and he is the Holder of a second-class certificate, but has not served his time as an engineer, 8s per day.

When members of the union and nou-mem-bers are employed together there shall be no distinction between them, and both shall work together in harmony aud under the same conditions, and shall receive equal pay for equal work. ■ •

Any man who considers himself incapable of earning tho minimum wage may bo paid such lower wage as may from time to timo bo fixed on tho application of the employee after 24 hours' notice to the union by tho chairman of tho Conciliation Board or such other person as tho court may from time to time appoint for that purpose. This award shall not apply to men employedby the .Union Steam Ship Company of New Zealand, nor ta men employed in dairy factories, freezing'works, gasworks, harbour lward, city council, steamers, or electric light or power plants, nor to any workers whoso wages have already been fixed by tho court or by any industrial agreement. This award shall apply only to men who are within the meaning of " The Inspection of Machinery Act, 1902," in charge of any boiler, and whose employment necessitates the holdin" by them of a certificate as an enginedriver under tho regulations hereiubefore referred to. Mr Breen, 111 stating his case, said that the union i" drawing up its statement, had exercised every care to see that its demands were not unreasonable. It was guided to some extent by awards obtaining iu New Zealand, and most of its demands had already appeared in awards in operation, Where tlio enginedriver in Otago was not already covered by awards the conditions were anything but satisfactory. The average wage for engine-drivers in town was 8s (id per day. At Port Chalmers with private firms' the wago was about tlio aame. In the dock freezing works, where three drivers were employed, eight-hour shifts wero worked (5G hours per week), and these men received £12 per calendar month, or 7s lOii per shift. They received 10 days' holiday per year oil full pay. In the dock itself the 1 hours were irregular. Two men worked 12-hour shifts, and on special occasions as much as 18 hours had been worked at a stretch. At other times the hours were eight per day and four on Saturday, These men also got £12 per month. With regard to the minimum rate of wage asked for, Mr Breen referred especially to the statutory reference required by the men as to sobriety of character —a reference required in no other calling. 111 pointing out other qualifications, he said that they were the same all over New Zealand, and tliero was 110 reason why wages should be lower in Otago than elsewhere. Coming to the preference clause, 110 contended that this clause should be inserted in the award. In reply to a query from Mr Brown, Mr Breen said the membership of the union numbered about 30. all certificated engine-drivers. Continuing. he said this preference clause had been before the court time after time, and they had never heard one argument advanced by the employers why the court should not grant preference. They had heard time and again obout tlio great inconveniences and hardships it would cost the employers, but they never had any statements to back these up." On the other hand, it was found, where the preference clause had been granted, there had been little or 110 faction between tho men and their employers; they had always worked harmoniously. . The only consideration for tho unionist was preference of work. The' discriminating clause was of no use. In refer-

ence to the minimum wage clause, as proposed by tho employers, tho latter had introduced engineers, but he could not see what they hud to do with the matter, because there were no engineers in Dunedin working as engineI drivers. This was merely an attempt, to bring i wages down to 9s aid Bs, instead gi 10s and 9s.

There were men in tliis town who had been 20 years engine-driving, but who wero not engineers. Were they to receive Is a day less? They wero holders of first-class certificates, and. so lopg iva they wove holders of such they were qualified. There was no difference, and tile man should get his full wage. Evidence in support of tho union's demands ivas given by J. Stewart, J. Walsh, and M, Kirkwood.

Mr Scott said that tile employers desired to have a discrimination made between skilled and unskilled men. Two of the union's witness, although only holding service certificates,were well -worth 10s a day, because they had a mechanical turn, and were very com-, petent men. There were, however, engineers and engineers, and many of those who had managed to, scrapo through the examination were really nothing more than firemen. Preference to unionists had nover been granted by the oourt in this trade, and apart from that aspect, it was manifestly unfair to ask employers to come into Hie centre aud examine the employment book before taking a man 011. The employers considered the demand in regard to payment for work done on holidays and Sundays as quite out of the question. Evidence was given by William Stevenson (Irvine and Stevenson) and John Woods Burgess (Union Steam Ship Company). Tho court reserved its decision. PELT HATTERS' DISPUTE. The industrial dispute between tho Otago' Felt Hatters' Industrial Union of Workers and the felt hat manufacturers of Dunedin was then proceeded with. Mr R. Breen appeared for the union, and' Mr W. Scott for the Denton Hat Mills Company, Ltd., Ross and Glendining, and the Otsgo Felt Hat Company. The Union Fetfc Hat Manufacturing Company (North-East Valley) was also added to the list of employers cited, but was not represented.

The order of reference made the following demands:— ,

Minimum wage £3 per week. Forty-eight hours to bo a week's work. _ All overtime to be paid for at the rate of time and a quarter.

Apprentices to be indentured for five years; not more than ono to five journeymen to be employed, and not to be more than. 16 years of age at time of indenturing; wages to start at 15s 111 the first year, and increase by yearly increments of 5s till the fourth year, 40s to be paid in the fifth year.

Preference in employment to be given to members of the union.

The employers' proposals were;— Hours and rates of overtime tho same as asked for by the union.

Minimum wage—blocking machines Is per hour, finishing machines Is 2d per hour, blocking by liand Is 3d, finishing by band Is 3d, and shapers Is 3d, •

Apprentices io be indentured for five years. Wages io start at 8s per iveek in first year aud increaßo to 24s in the fifth year.

Under-rate workmen by agreement to be allowed to work at a lower wago than that provided by the award.

Mr Breen said that what the union were asking was practically a continuation of tho present conditions obtaining in the trado in Dunedin. At the inception of the felt hat industry about three years ago a number of workmen came out from England under agreement as to wages, etc., for terms of one to three years. Those agreements had now expired, or would expiro in a few weeks, and the union wanted to have a. continuance' of tile conditions under which the men liad been, working guaranteed for the future. Evidence iu support of tho union's demands was given by Thomas Oldham and Harry Ra-msden.

Mr Scott said that this was a case which should never liave been brought before the court, and certainly not' at the present juncture. Thousands of pounds lir.d been spent and lost'in endeavouring to develop the felt lint-making industry, which should have been one of the foremost in tho colony. That the industry had been disastrous to employer's was shown by the (act that the mill iu Queensland had had to shut down. In .Wellington lie would be surprised to hear that there were three men engaged, and inODmiedin the largest factory had practically closed its doors, and of tho other two miils one had never declared a dividend, and had not got, anything like tho number of nien employed to-"day they onco.liad, and the other had not dcolared a dividend for three years. Fifty per cent! of the men who had been engaged in the trade had had to leave New Zealand. The union had taken a time when the bottom had fallen out of tho industry to come to the court and endeavour to tie the employers down to rates of payment and conditions of labour that would only be justified were the business on a Bound financial basis and thoroughly established. Ho respectfully submitted" to tho court that it would not be n proper thing at the present time to make any award. He submitted that what was asked for by the union was not a continuance of existing conditions, either in regard to the rates of pay (weekly instead of hourly, which, of course, effected rlie overtime) or restriction as regards apprentices. Evidence was given by Charles Stevens Spa.nl. The court adjourned the further hearing until 10.30 this (Wednesday) morning. COAL MINERS' DISPUTE. Mr Justice Sim yesterday announced the award of the Arbitration Court in the matter of the recently-hoard industrial dispute between tho Oiago Coal Miners' Union of' Workers and the Cromwell and Bannockhum Company (Ltd.). The award is as follows:— Bnllotting. All places to he balloted for every three months, (a) In the caso of blanks being drawn, those drawing them are to ballot for the first plfice or places to start, (b) One man to ballot for his place out of t.wo or more places, in tho sauie manner as two .or more men would ballot for one place, (c) The first matt out of a place to start in the first place vacant or to be broken away.

Hewing Kates. For Excelsior and Wilton's mine, in all places 6ft wide and sft liigh and over, 3s 9d per tan. For Kawaran mine, in all places 7ft wide and. Git high and over, 4s per ton. In bolli mines dross 2s per ton. The minor to bag the coal, and where rails are not laid ,to the face, to drug it to the nearest -truck ; and when the distance which tho miner has to drag, fhe coal exceeds 10 yards he shall bo paid 3d extra per ton. Trucking. The employer lo make its own arrangements with regard to the trucking of coal. Places Worked on Shifts. Places worked on two shifts to he paid 6d per ton extra. When worked' by three shifts Is per ton extra, shall bo paid. Places worked by two men on the same shift to be' paid for at the rate of 6d per ton extra, provided that the provisions of this cliraee shall not apply lo tlio working of pillars.

Sixteen four-bushel bags to constitute a ton. In ordinary circumstances .the bags to be equallj distributed throughout the mine.

Deficient Places. Deficient place 9 to be paid shift wages, and to mean places driven through soft, stony, or faulty coal, and all places below dimensions stated in clause 2.

Wet Places. Men working in wet places shall be paid shift wages for six-hour shifts. If any dispute arises over wet places, the matter to l>o arranged between mine manager and two representatives of miners.

Shift Wag 63. When miners are employed on. shift wages they shall be paid 10s per shift.

Overtime. _ Ovortime shall be paid for at the rate of time and a-quartor. Christmas Day, Boxing Day, January 1 and 2, Good' Friday and Sundays shall be paid for' at the rate of time and iv-half. Overtimo shall not bs paid iu cases of accident or Sunday pumping. No shift man to be employed in a place whoro piece rates have been fixed. Any workman taken awav from the face to do any work, whether ins'da or outside the mine, to be paid shift wages—viz., 10s per shift. Equality of "Weurk. Every workman to receive as far as practicable an equal share of work. Timbering. All timbering (except props in working faces) to be paid for at shift wages. Payment of Wages. Sootiott 3 of " The Workmen's Wages Act, 1893," having prescribed that in the absence of an agreement in writing to the contrary the ontiro amount of wages earned by or payable to any workman engaged or employed ia manual labour shall be paid to such workman at intervals of not more than ono week, the court orders. »8 ft tenn of this award, that 110 agreement in writing shall bo made between tho employer and its workmen whereby the payment of wages shall be made at intervals of more than two weeks. Sharpening Tools. The employer shall sharpen all tools free of cost. * Preference. So long as tho rules of the union shall permit any pereon of good character and sober habits now employed as a miner in thia industrial district, and any. other person now residing, or who may hereafter reside in this industrial district, who is of good character and sober habits, ajidi who is a competent miner, to become 'a member of such union upon payment of an entrance feo not exceeding ss, and of subsequent contributions, whether payable weekly or not, not exceeding Gd per week, upon a written application of the person so desiring to join the union, without ballot or other eloction, then, and in such case, the employer shall employ members of the union in preference to lion-membersi provided that there aro members of the union equally qualified with nan-members to por-. form the particular work required to bs done, and ready and willing to undertake it. The miion shall keep at tho' Bannockburn Post Office, or at some other convenient place which may be agreed upon between tho local committee of the unjon and the mine manager for the time being, an "employment book" wherein .shall be entered tho names and addresses of all members (of the union who shall from time to time bo desirous of obtaining employment with the employer, with tho class of work in which eaoh such member is proficient, aud the names, addresses, and occupations of all persons by whom each such member of the union shall have been employed during the preceding year. Immediately upon any such'member ceasing to desire employment with the employer, or obtaining employment elsewhere, a note thereof shall be entered in such book. The executive of the union shall use their best endeavours to verify the entries contained in such book, and tbe union shall be answerable as for a breaoh. of this award in case any entry therein shall be wilfully false to the knowledge of the executive of the union, or in case tho executive of the union,shall not have used reasonable efforts to verify the same. Such boolc shall be open to the employer and to its servants without fee or charge at all hours between 8 a.m. and 5 p.m. on every working day. If the union fail to keep the employment book in manner required by this clause, then and in such case, and so long as such failure shall continue, tho employer may employ any person or persons whether a member or members of the union or not to perform the particular work required ia be done, notwithstanding the foregoing provisions. Notice shall be given by the uniou in writing to the employer when such employment book is lodged in such place.

When meuibors of the union • and non-mem-bers are employed together there shall bo no distinction between them, and both shall work together in harmony, and shall receive equal pay for equal work.

Matters Not Provided For. Anything not herein provided f<jr to be arranged between the mine malinger and ! local committee of tlio union. Should they fail to agree, the matter may be referred to the Stipendiary Magistrate of this district, whose decision shall be final.

Term of Award. This award shall come into operation on the first day of March, 1907, wd shall continue in operation until the nrst day of March, 1909, and thereafter shall'remain in force until superseded by anothor award,

Scope of Awaa'd. This award shall bind the employer and any other company or person that may at any time hereafter work the employer's said coal rubies, or either of them, but shall not bind any other company or person. Reasons for Award.

The evidence satisfied lis that the market for tho employer's coal' is likely to be reduoed in the near future, and that decreased output will mean iuore&sed cost of production. In these circumstances the court did not feel justified in altering the existing conditions except in some small respects. For tliis reason shift wages have been maintained at 10s per shift, although it is clear that the standard rate in-the neighbourhood is lis per shift.

DREDGERS' AWARD. The following is a copy of the award delivered by the Arbitration Court in connection, with tho recent dispute between the Otago and: Southland Gold Mining Industrial Union o£ Workers and the Otago and Southland GoldMining Industrial Union of Employers as affecting dredgemen only:— 1. Eight hours shall ho a recognised shift. 2. Time apd a-quarter shall be pajd for all overtime work, including the washing of mats. Whore overtime is rendered necessary by reason of breakdown of the machinery, causing the stoppage of'the dredge, or by other special emergency involving damage to property or danger to life, only ordinary rates shalt' be paid. 3. Tho following days shall be observed as holidays:— Xew Year's Day, January 2, Christmas. Day, and "Boxing Day. SJioaild any of such holidays fall on a Sunday, then the day followingjsliall be observed as tho holiday. The calculation of time for any such holiday Ehall be /from .midnight' to midnight. 4. All work done on Sundays and holidays be paid for at double rates. 5. The minimum wages for dredgehiuids shall bo as follqws:— In the Molyneux River and Gorges and in the banks. ot the Molyneux above Roxburgh Bridge, and in the ICawarau and its banks, and at, Nevis, Cardronaj and Shotover, and the Upper Clutha, the minimum rate of wages shall be 10s per shift of eight hours, In the Molyneux' River and Gorges, and in the banks of the Molyneux below Roxburgh Bridge, the minimum rato of wages shall ho 9s 'per shift of eight hours. At Waipori the minimum l Tate oi wtges shall be Os per shift of eight hours. In the rest of the industrial district the minimum rate of wages shall be 8s per shift of eight hours. Provided that' motormpi andgreasers may be employed at Is less per shift of eight hours. 6. All shifts shall go round: provided that a dredgemaster may call upon tho engineer to take the day shift for an extra week where lie considered it necessary. 7. No cadet shall work a dredgehand's shift unless lie be paid full wages. 8. Wages shall he paid at no greater intervals than once a month. 9. Employers shall nbt, in tho engagement or dismissal of their hands, discriminate against mombars of the union, nor in tho conduct of their business do anything, directly or indirectly, for the purpose of injuring tho union. 10. When members of the union and non-members are employed together there shall bo no discrimination between them, and they shall work together in harmony, and shall receive equal pay for equal work. 11. Any workman who considers himself unable to earn the minimum wage hereinbefore prescribed may bo paid such lesser wage (if any) as shall be fixed or agreed on in manner following:—lf such workman shall reside or desire \york j n j] )B district in which tho office of the union is' situate, then he may work for and be paid such wage as shall be agreed upon in writing between the dredgemaster of the dredge on which he desires employment and the secretary of the union, and, in defau't of such agreement,- as may be fixed by the Stipendiary Magistrate for tho said district. If he 'shall reside or desire work in any other district, then lie may work for and lie such wage as may bo agreed upon in writing by the dredgemaster cf the dredge on which lie may desire work and the accredited agent of. the union in such district, and in default of such agreement, or if there shall be no accredited agent of llio union in such district, then for such wage as may bo fixed in writing by the Stipendiary Magistrate for such district. Twenty-four hours' notice of any application to the Stipendiary Magistrate of the district in .which tho office of the union is situate shall be given by such workman to the secretary of the union. In districts where there is an accredited officer or agent of the union, 21 hours' notice of the application to tho Stipendiary Magistrate of such district shall he given to such officer or agent of the union. The secretary of the union, or in districts whero there is an accredited agent of the union, file said agent of the union shall be entitled to be heard, if he shall so desire, by such Stipendiary Magistrate upon auc'n application. 12. This owr.rd slial take effect from the first day of Anril, 1907, and shall continue in force until the Ist day oi April, 1909.