ARBITRATION COURT.

Otago Daily Times, Issue 13846, 8 March 1907, Page 3

ARBI TRATION COURT.

The following aro .the awards of the Arbitration Court in cases recently heard in Dun-ENGINE-DBIVERS. Hour.? of Labour.—Tho week's work shall not exceed 48 hours, exclusive of (ho time necessarily occupied by any worker coming under iho provision of this award in getting up steam jor the- machinery in Hie factory or works in which he bIwM he employed. Er.ch employer shall, subject k> the provisions of "The Factories Act, 1901," ho entitled to arrange such hours of work according to Iho exigencies ot his particular business, ami such hours may bo worked in shifts either by Overtime.—Any time worked in any mo ■wctli in extension ot the hours prescribed in clause 1 hereof, shall be paid for at the reicot time and a-quarter for the first three hours, and time and a-half for all further time until the usual hour for commencing work. When any worker is required to work overtime to repair any breakdown of machinery necesan'rily causing the stoppage of the fnolory or works, only ordinary time rates shall ho paid. Holidays.—Work done on X-sw Year's Day, Easier Monday, and the- King's Birthday shall bo paid foi at the rate ot time and R-lialf. Work done on Christmas Day. Good Friday, and Sundays shall bo paid at tho ralo ot double lime. In the case ot factories Iho drivers of engines slisli be entitled to tho holidays given by any award or industrial agreement affecting the factory, or, in case whore (hero is no award or industrial agreement affecting the same, to any holiday generally observed in the factory whereby the siuno ceases to work. For work done on such holidays Iho ralo or overtime shall bo time <md n-ha!f. This clause- shall not apply to any workers within the provisions of Ibis award ill reepcci lo work required to be dono in connection with the preparation and publication of any morning, afternoon, or evening Jiownpapcr. "Wages—The following shell be the minimum rates of wages to bo paid- lo enginedrivers of stationary engines who are in charge of any boiler within tho meaning of " Tho Inspection of Machinery Act. 1902," for each day's work, inclusive ot the time necessarily occupied in getting up steam for tho mwhincry o! Hie factory or works, (a) Where tho work that fl» engine-ilriver is employed to do requires that ho slia-11 hold a. first-class coiiifieato as a stationary engine-driver, and lie is tbo holder of a llrsl-class certificate ot competency, 10s per day. (b) Where the work which he is engaged lo do requires that ho ehall bo Iho holder of a firsUilass certificate as a stationary engine-driver, and lie is Iho holder of a.first-class certificate- of service, but not of competency, 9a per day. (c) VrTiere the work which he is engaged to do requires that ho shall be the holder of a eecond-class certificate as a stationary enginedriver, and he is the holder of a second-class certificate of competency, 9s por day. (d) "WheTO the work which ho is engaged to do requirea that he shall be tho holder of a secondclass certificate as a stationary engine-driver, nnd he is Iho bolder of a second-class certificate of service, but not of competnecy, 8s per day. (c) For firomen engaged tiring, with certificate'and in charge, 8s per day. Filling in Time. —Where certificated enginedrivers and firemen are engaged any part of ft day engine-driving, and , fill in tlio rest of the day in workshops or elsewhero at other work (or thoir employers, such men shall nevertheless bo paid tor any such day nt tho rale- abovo prescribed according to their rejpoctivo classes. TJnder-rato Workers.—(a) Any worker who considers himself in capable ot earning the minimum v;ago may bo paid such lower wage as may from time to timo be fixed on the application of any such worker after 24 hours' notice to tho union, by the chairman of tho Conciliation Board, or such other person as the court may from timo to limo appoint for that purpose, and such chairman or person, in £o fixing such wage, shall havo regard -lo tho worker's capability, Wβ past earniugs, and Bitch other circumstances as such chairman or ■ )x>r6on may think fit to consider. After hearing such evidence and argument as the union and worker shall offer, and, upon granting such n permit, the chairman or such person eha.ll forward notice thereof to tho inspector of factories, (b) Whenever occasion arises for ao fixing a. worker's wage, it shall be fixed aor ffllch period not exceeding six mouths, 33 such chairman or other person shall determine, and, after the expiration of the said period, until It days' notice shall havo been given to him by the secretary of Iho union Tcquiring him to have his wages again fixed" in such manner as proscribed in this clause. Provided that in the case of any worker whoEo wage is fixed by reason of old age or permanent disability, it may he fixed for such longer period as such chairman or person sliall think fit. (c) It shall, notwithstanding the. foregoing, be competent for a worker lo agree with (he secretary cr president of the'union upon such wage without having the Kimo so fixed, (d) It shall be- tho duly of the union to give notice to tho inspector of factories of every agreement made with a worker pursuant hereto, (e) It shall be the duty of nn employer belore employing any worker at (inch lower wage, lo examine the ■permit or agreement by which such wage is fixed. Preference.—lf and so.long as the rules o( the union upon payment of an. entrance character and sober habits, and who is a. competent workman, to become a member of tho union upon payment of an cutranco i co not exceeding ss, upon his written application, without ballot or other election, and eo to continue- upon payment of subsequent contributions, whether payable weekly or not, not exceeding Gd por week, employers shall employ niombcrs of the union in preforonco to non-members, provided there aro members of tho union equally .competent with nonmembors to perform tlic particular work required lo bo douo and ready and willing to undertake it. This clause shall not compel employers to refuse to continuo lo employ persons now in their employment, notwithstanding such persons aio not and do not elect to become members of tho union: provided that tho foregoing clause shall Dot apply to employers whose factories or works aro -in' Fort Chalmers or boyond a radius of six m:le3 from the Chief l'ost Office, Diuio'lin. The union shall keep in some convenient place, within one milo from tho Chief Post Office, Dunedin, a book to bo called "Tho Employment Book," wherein ehall bo entered the lutmo and exact addresses of ali members ot tho union for the time being out of employment, with a description of tie particular'. occupation in which each such member claims to bo proficient and Ibo nanus, addresses, nnd occupations of every employer by -whom such member shall havo been employed during tho preceding- one year. Immediately upon such member obtaining employment a note thereof shall bo entered in such book. Tho executive of tho union nhall usp its best endeavours lo verify all tho entries contained in such book, ami the union shall bo answerable as for a breach of this nward in cose any entry therein shall in nny particular bo wilfully false to the knowledge of the executive of the union, or in-ense the executive of the union sliall not havo used its best endeavours to verify the Srtine. Such book shall be open to every employer without fee or charge at all hours between 8 a.m. and 5 p.m. on every working day except Saturday, ami on that day between 8 a.m. and noon. If tho iiuion shall fail to keep the employment book in the manner provided by this clause, any employer may in oiti.li »..■ n,,,l o» ]„.,., „- „.,„!. r.,;i,.-.

jit such case, and so Jong as such failure eIioII continue , , wigtigo any person, whether a member of the union or not, lo perform llio •work required lo be <lone, notwithstanding (ho foregoing, provisions. JJolico by advertisement in the Oltigo Daily Times and Evening Stfli newspapers, published in Duncdin, shall bo given by (ho union of the placo whore such employment Iwok is kept, and of any rhango in ?ncli place. If such book shall lie hi'i'.l at (ho l.auour Ucparimeiil office, Hnneilin. then tbo Fame shall be open lor

inspection during office hours. Employers shall not, in tlio engagement or dismissal of their men, discriminate against members of the union, nor in the conduct of their business, or lo do anything for the purpose of injuring the union whether directly or indirectly. When members of the union and non-members are employed together, they shall work together in harmony, nnd under the fame conditions, and there shall be no distinction between them, and they fhall receive equal pay for equal work. Exemptions.—When tho wages of a worker coming wiiliin the apparent scope of this award have already been fixed by an award of this court,'or by an industrial agreement, this award shall not apply, and Iliis award is made subject to the condition that whenever ony award or industrial agreement is hereafter made embracing any industry, Irnde. or business, in which such workers are employed, such award or agreement may be medo lo supersede Ibis award so far a-s regards tho wages and conditions of suck workers. This award shall not apply to the Union Steam Ship Company ot New Zealand (Ltd.) eo far as relates lo ila hulks. Tho court reserves i<i itself full power, upon the application of all or any of the undermentioned employers, and upon duo notice of such application having been given to the union, to make a further award or order exempting from the operation of this award, upon such terms as this court in its descretion deems proper, all or any of the following employers: (a) the Corporation of Iho City of Duncdin; (b) the Otr.go Ilarbsur Board; (<•) the proprietors of any dairy factories; (il) the proprietors of «ny- freezing works; (c) the proprietors of electric light or power plaits. MEMORANDUM. At Iho hearing of this dispute Mr Scotl astaxl that a number of employers should be' : exempted from the award to be made by the court, but except as lo tho Union Steam ■Shin Company, no evidenco was asked or reason given why such exemption should be granted. Employers must understand that if they regard their cases as requiring special provisions they should ut least take the trouble lo inform the court as -to tltc facts on which the application for exemption is based. In tho award as made the eburt has reserved power to grant exemptions in certain cases. Tho award shall come info force on ihe 25th March, 1937, and shall remain in forco for two yours, and thereafter sliall continue in operation until superseded by another award or industrial agreement. FELT-HATTERS. Hours of Work.—The week's work siia.li not exceed 48 hours. Each, employer shall, subject to the provisions oi "The Factories Act, 1S01," bo entitled to arrange suck hours of work subject to tlio exigencies of his business. All time worked in excess of 18 hours shall bo deemed overtime, and paid ior at the rate of timo and α-quarter. Wages.—The workers shall be weakly servants, and shall bo paid wages at tho ra-to o[ not less than £3 per week for a week's work of 48 hours. Apprentices.—Any employer taking an apprentice to learn iho Irado shall be deemed to undertake the duty which ho agrees to perform as a duty enforceable under this award, and shall pay such apprentice not Ices than -the undermentioned rate of wages:— For the first year, Ss per week; for the second year, 13s per week; for the third year, It's per week; for the fourth year, 233 per week; for the fifth year, 30s per week. The period of apprenticeship shall bo five years, but toes months' probation shall be allowed the firEt employer of any apprentice to determine his fitness, such three months to be included in tho period of apprenticeship. At the end of tho period of apprenticeship, the employer shall give tho apprentice a certificate to show that ho has served his apprenticeship. Should tbo employer at any timo before the termination of the period of apprenticeship wish, for any reason, to dispense with the services of tho apprentice, he shall give him a corlificato for the timo served, and procure him smother employer carrying on business within a reasonable distance of the original employer's place of business, who will continue to teach tho apprentice, to pay him the wages prescribed by this award according to the total length of time ho has served, and, generally, to perform the oligation of the orginal employer: provided that it shall not ho obligatory \ipon the employer to find -the apprentice another employer .it he shall so misconduct himself as to entitle the employer to discharge him, but he shall give him a certificate covering the time actually served. An employer taking an apprentice shall give notice- thereof, and of the name ot the apprentice to the inspector of factories within one week after the expiration of the period of probation, and an employer transferring an apprentice to another employer shall, similarly, within one week thereof, give notice of such transfer fo such inspector. An employer shall not be deemed lo discharge his duly towards nn apprentice if he fails to keep him at work owing to the slackness of work, but such slackness may form a proper ground for transferring him to a master willing to undertake the responsibility o{ teaching him. When an apprentice is discharged for caiiEO the employer shall send nolico ot tho discharge and the cause thereof to tlio inspector of lactories. Existing arrangements with or relating to apprentices now serving any employer may continue, provided that any employer wishing such lo continue; shaft forward the names of his present apprentices to tho inspector of factories within one month of tho filing of the award. Undor-ralo Workers.-(a) Any worker who considers himself incapable of earning the minimum wage may be paid such lower rate as may from time to time bo fixed on ihe application cf the worker lifter 21 hours notice to the union by tho chairman of tho Conciliation Board or such other person as the court may from timo to time .appoint for that purpose; and such chairman or person in so iixinli such wage shall have regard to tho worker's ca-ptrbility, his past earnings, and such other circumstances as such chairman or person may think (it to consider. Aflcr hearing such evidence and argument as the union and worker shall offer, and upon granting such a permit, the chairman or such other peison shall forward notice thereof to Iho inspector of factories, (b) When ever occasion arises for so fixing a worker's wage, it shall bo fixed for such period not exceeding six months us such chairman or oilier person shall determine, and, after the expiration of the said period, until l-l days' notice shall. have been given him by the secrelary of the union, requiring him to havo his wages again trad in such manner ns prescribed by this clause. Provided that in the- case of any person whoso wago is so fixed by reason of old age or permanent disability, it may he fixed for such longer period as such chairman or person shall think fit. (c) It shall, notwithstanding the foregoing, bo competent for p, worker to agreo with tho secrotary or president of the union upon such wago without having the same so fixed, (d) It shall be the- duty of the union to give notico to the inspector of factories of every agreement mode with a worker pursuant hereto, (e) H shall be (he duty of -an employer, beforo employing any worker at such lower wage, to examine, Iho permit or agreement by which such wage is fixed. Preference.—lf and so long as the rules of the union shall permit any person of good character and sober habits, and who is u competent workman, to become -a. member of iho union upon payment of an entrance fee not exceeding fivo shillings upon his written application, without ballot or other election, ami so to continuo upon payment of subsequent contributions, whether payable weekly or not, not exceeding sixpence per week, employers shall employ members of tho union in preference'lo non-members, provided (hero aro members of tho union equally competent with nonliiombors lo perform the particular work required lo bo done and ready -and willing to undertake, it. This clause fhall not compel employers fo refuse lo continue to employ persons now in their employment, notwithstanding siu'li persons are not, and do not- elect to become, members ot the union. Provided that llio toresciiig clause shall not apply to employers on business beyond a- radius of 10 miles from the Chief Post. Office nt ljunedin, Tho union shall keep in some convenient placo within one- mile- Irom the Chief Post Office Dunedin. » took to'lie culled "The Employment Bock," wherein slin- , 1 be entered the names and exact address of all ■members of the union (or (he time being out- of employment, with a description of the particular occupation in which «>.oii such member claims to be proficient, and the names, addresses, and occupations of every employer by whom sudi member shall have been employed during (ho preceding one year. Immediately upon such member obtaining employment, a note thereof slinll hi; entered in such book. The executive oi the mii.ni shall use their host ciuleavmiM to verity all the entries contained in such book, and the union shall be answerable as (or breach of this award in case any entry therein shall in any particular be wilfully Jalfo to the knowledge of the executive of tho union, or in rase tho executive of the union shall not havo used llieir best endeavours fo verity the same. Such book shall be open to every employer without fee or charge at all hours between S a.m. and 5 p.m. on every working day except- Saturday, and on that day between S a.m. and noon. It tlio union shall fail to keep the employment book in manner provided by -this clause, any employer may in such case, and so long as such failure shall rmitimie. engage any person, whether a member (it tho union or not, lo perform the work lequirej to lx> done, nolwitfotamlin.- the foregoing provisions. Notice by udvoriisr-meiit in the Olago Daily Times anj Evening Siar newspapers, published in Dunedin, shall h> given by tho union'of the place where such employment book i>: kent and of any change in such place. If smb. book shall" 1)? kept at tho Labour Department, ofiice. Dunedin, (lion (ho same shall be open for inspection during ofiice hours. Employers shall not in the engagement or dismissal n( their men dis. eliminate against members of the union, nor in the conduct of their business do anythiug for the purpose of injuriii<: the union, wlwiher directly or indirectly. When members of Hie uuioii and uon-inenibers are employed t«xe'tli«r

they siKii *"»k -together in harmony Ekl under tlw same Milditicns., and thero shall hi no distinction hci<v<i?il them, and they shall receivo equal pay for 6<jflsl work Scope of Award.—This Stfßri! shall diind the parties hereto and all pereolJS hereafter entering iivto tho like business m ttfc Qlay) and Southland industrial district. Duration of Award.—This award shall cofflO into operation fill the 25th day of March, 1907 ; and shall remain in operation until tho Sotlt day of March. 19CS. end -thereafter shell continuo in 'force -until superseded by another award or industrial agToemenf. MEMOHANDUST. The evidence showed that the felt hat manufacturing business is a new industry in DunKlin, and is not in a flourishing state. Tho court has : therefore made an award which maintains exislin.tr conditions, and lias fixed a short period for'the duration o! the award. TAILOPSSES AAVARD, The following is the agreement arrived at between the representatives ct the New Zealuntl Federated Tailbresses' Union and the Xew Zealand Clothing Manufacturers' Association, and made an award of the Arbitration Court, at Christchurcli. SciiKDi'tr. A. Classes ot Worker.'-. 1. Tho classes of workers recognised by this award are jonrneywonicn, apprentices, improvers, prospers, and under-rate woncers. Term ot Apprenticeship. 2. The term of apprenticeship for each class nt apprentice shall \m us follows:-For coat hands, waterproof hands, vest hands, Irouscr hands, emit machinists, vest machinists, Irouser inschinids, and mole and denim machinists, -two years; each worker in the above branches lo serve a term ot (wo years as an improver. Pressors, two years' apprenticeship. "Wages ot Apprentices and Improvers. X Wages shall be paid lo apprentices at the weekly rales hereatter set forth, namely.— For coat making, coat machining, vest making, vest macliimii!!, troufcr making, Irouscr machining, troiucr finishing, mole and denim machining and waterproof hands: First six months, Sf per week; second six months, 7s Gd per week; third six months, 10s per week; fourth six months, l'2s Gel per week; fifth six months, 13s per week; sixth six months:-, 17s Gd per week -, scveulli six months, 90s per week; and eighth six months, 22s Gd per week. For presses apprentices: First year, J2l per week; first six months ot second J'car, £1 5s per week: second six months of second year, i'l 10s per week. Conditions Applicable to Apprentices. ■I. The following conditions shall obtain:— (til There shall bo no limitation to the number ot apprentices employed, except in tbo case oi pressed, where the proportion. shall b? ono apprentice to evory lour or fraction ot four journeymen fully employed, (b) An apprentice shall serve for the full period, and bo taught tho branch of the trade to which he or she is apprenticed, (c) It shall ba obligatory on tlio part of tho employer to pay tho wages stipulated in the award, and to teach tho apprentice the branch oi the trade to which he or she is apprenticed, (d) The employer shall not dismiss tbo apprentice for want ot work, but must in such cases provide him or her with another employer, within areasonable distance, who will .continue the first employer's obligation as lo teaching and wages, (e) When the full time of apprenticeship is served, the employer shall give the apprentice a. certificate ot the limo served, (t) Should nn employer dismiss an apprentice tor good cause, he'shall, nevertheless, give him or her a certificate of the time served, (g) It shall be obligatory on the part of the apprentice to remain with tho employer till tho full time is served, unless dismissed for misconduct or discharged by removal from tho locality, or other sufficient cause, (h) Notice ot dismissal, transference, or discharge by operation of law shall be given by employers to the Inspector of Awards, (i) Three months' probation sliall be allowed the first employer of any apprentice to determine his or her fitness, such three- months to be included in tho period ot apprenticeship, (j) Absence on account of sickness, amounting in the whole -to more than one month in the year, shall be nrado up by the apprentice. Definitions. 5. (a) A journeywoman is one who has served her time as an apprentice and /s an improver at any branch of tho trade, (b) An underrate worker is ono who, having served his or her apprenticeship and improvcrship, has his or her wages fixed in accordance with tho clause hereof denling with such cases, (c) A presser is one who has served his time ns an apprentice pressing off finished garments. Hours of Labour. 6. Tliohours of labour shall be 45 per week. Minimum Wages. I. Journcywoniim's wagce shall be £1 5s per week. Undcr-ratc Workers. 8. Anv journeyman of journeywoman who coiisidc-Ts himself or herself unable to earn tbo minimum rate ot wages prescribed for any class of work for which, by this award, a minimum wago is prescribed may be paid such lower wage as may trom time to time be fixed by the chairman of Ihe Conciliation Board for the district, or such other person as tho court may trom time to tims appoint, subject to the following conditions:—(l) Tho union shall have at kast 21 hours' notice of any appointment lo fix such wage. (2) Such wage shall ha fixed for.not moro than six months certain, and many thereafter continuo to be paid until again fixed by such chairman or person. (3) Fourteen day's notice shall be given to either side of an applica-. ■lion to fix such wage. (4) Such wago shall only be fixed or again fixed alter the union and the applicant have had an opportunity of calling evidence and adducing arguments before such chairman or person. (5) Notwithstanding the foregoing, the union and the worker may agree on an undcr-ratc wage, and ever)-, such agreement shall be notified to tho inspector. (G) It shall be the duty of any employer who employs an under-rate worker •to inspect tho permit or cgreemeut. Pressors. 9. Presser apprentices shall be drawn from seam openers whero practicable. 10. Pressors shall bo paid, at Ihe option, of tho employer, weekly wages at tho mum rate of £2 Ins, or piecework wages nf Iho rales fixed by the log heretofore in force, which is for this purpose incorporated herewith: provided that an employer Ehall in any ono factory only have one system' ot working and paying pressors in force at any time. Overtime. 11. Overtime- shall be paid to workers in accordance with tho provisions of "The Factories Act, 1001." 12. Not Jess than six hours' notice shall ba given to any nujo operative called upon to work overtime. Preference. 13. Members ot the union shall have preterence ot employment. An employment book showing as actuate!}- as possible the names and addresses oi the members of the union for tho time being out of employment in each of the cities of Wellington Cbristchurch, and Duncdin shall be kept in the local oflko of the inspector of factories at Wellington, Christchurcli, and Dunedin, or in some convenient place within one mile ot tho chief post ofiice, jinA such book shall be open to tho inspection of any employer during office hours between the hours ot 9" a.m. and 5 p.m. on every working day except Saturday, and on that day between Iho hours of a a.m. and noon. The employer shall not, in the engagement or dismissal of workers, discriminate against members of the union, nor do anything for the purpose of injuring the union, directly or indirectly. Wlieu members of tho union and. non-members are employed together thero shall be )io discrimination between them, and both shall work -together in harmony, and shall receive equal pay for equal work. General Conditions. U, Wages,—All wages aro to be paid weekly. 15. Machinery and Subdivision of Labour.— The manufacturer shall havo the right to introduce whatever machinery his business may, in his opinion, require," and to divide or subdivido labour in any way be may deem necessary, subject lo the payment of wages as herein set forth. 10. Control of Factory.—Every manufacturer shllJl be entitled (a) to the'fullest control over the management, ot his factory, and (b) to make such regulations us ho deems necessary for time-keeping and good order 17. Dcductions.-(a) Any time lost- through the default- ot the worker or (b) by reason of a breakdown or incident io any ot the machinery iHcd hy the employer, or shortage of work necessitating temporary suspension, shall bo deducted from his or her wages, provided that any snoll timo exceeds ono ronlinuoua hour, (o) Xo wages shall be paid for lime lojt iliroush the factory being closed [or the iinmml factory holidays nr -for public holidays other than statutory holidays or [cr stoc'k-takiii" Jiid cleaning the premise*, (d) When slacir. iicss of work or the exigency of trade lenders it necessary to work short time, the employer shall distribute Ihe work as evenly among ali classes of workers as circumstances shaft permit, and in such cases workers shall only be paid for tho time actually worked. IS. Termination of Kmployment.—Twentyfour hours' notice of the termination ot the service of thi> worker shall be given by tho employer lo the worker and by the worker 'to the employer. li). Hatters' Xot Provided For.—Should any Iliatlci- or dispute arise during the ruvrencv of ibis award, and nol herein provided for, siirh matter or dispute shall be sirranged between the employer and the cliaininin or soe.reiiiry o! the workers' union, and in default of agreement, betweeu them tben by the chairman of the Cniiciiiation Board for the particular industrial district _ 20. Chart Orders.-Factory orders may be "tried on" bo.'ore or alter completion within any factory that manufiioturos in the wholefiile way tor any bona lids town or country agHil"who indicates by door sign, window sign, or oilier public notification that lie sells I tattory-made chart order garments to ihe public.

Schedule E. Ladies' ApparcJ. 11. The tctni of apprenticeship on ladies' apparel stall bo two years and two years' itoprovcrsiiip. Wages-of Apprentices and Improvers. 22. Wages slwll be paid lo apprentices weekly as licrecftcr set forth. For tlio first 81K months, o3 per week; ior the second six nioiltH 7s 6d per week; ior the third six mon-tlis. Ms per week; for tho fourth six months! 12* M per week. Improvers shall be paid weokk, m foOows:—FJTst year after apprenticeship", 35s Gd" weekly;' second year, 20s per week. ' Minimum Wags. 23. Journey womcn'3 wages shall be:—For til* iirst year after this award comes into force £1 2s" M per week, ami thereafter £1 5s per weak. N.B.—Schedule B shall not comcuiito force •tiirtil Hie further order • of • the courf,-.on the application of either parties. 25. Tlio award is Id come into operation on the- third <!ay of April neit, and ahull remain in operation ior two yeara, and tlicrenfier skill continue in force until superseded by another award or" industrial .agreement.