ARBITRATION COURT AWARD

Otago Daily Times, Issue 14700, 7 December 1909, Page 5

ARBITRATION COURT AWARD

ENGINE-DRIVERS' DISPUTE.

The following award has lieen made bv the Arbitration Court in ihe dispute Ixv tween the Otago Engine-drivers' Union and the 140 employers --iteil. The award comes into force on December 27. 1909, ami is to continue in force until December 31. 1911—

Hours of Work.—The week's work shall not exceed 48 hours, exclusive of the time necessarily occupied by any worker >n getting up steam for I lie machinery in ihe factory or works in which lie shall be employed. Each employer shall, subject lo the provisions of "The Factories Act, 1908." lie entitled lo arrange such hours of work according to the exigencies of his particular business and sticli hours may be worked in shifts either by day or nighi. Overtime.—(a) Any time worked iu any one week in extension of the hours prescribed in clause 1 hereof shall be paid for at the rate of time and a-(juarter for the first, three hours, and time and a-lialf for all further time until the usual hour for commencing work, lb) If any worker shall work overtime exclusively in repairing any machinery or appliances used by his employer iu connection with the business in which sucii worker is employed, he shall be paid "for such overtime at the same rate as for his work during ordinary hours.

Holidays.—(a) Work done on New Year's Day, Easter Monday, and Ihe King's Birthday shall be paid for at the rata of time and a-hnlf. Work done on Christmas Day, Good Friday, and Sundays shall be paid for at double time rales, ' (b) In the case of factories the drivers of engines shall be entitled* to tho holidays given by any award or industrial agreement affecting tlio factory, or, cases where there is no award or industrial agreement afl'ecting the same, to any holiday generally observed in the factory whereby the eume ceases to work. (c) For work done on such holidays the rate of overtime shall be time and a-lialf. (d) This clause shall not apply to any workers within lite provisions of this award in respect to work required to bo done in connection with the preparation and publication of any morning, afternoon, or evening newspeper. Rate.s of Wages.—The following shall be the minimum rates of wages to be paid to engine-drivers of stationary engines who are in charge of tiny boiler within the meaning of "Tho Inspection of Machinery Act, 1908," for each day's work, inclusive of the time necessarily occupied in getting up steam for tho machinery of tho factory or works:—(a) Where the work that the engine-drjver is employed to do requires that, ho shall hold a lirst class certificate as a stationary engine-driver, and he is the holder of a lirst class certificate of competency or service, 10s per day. (b) Where the work which h« is engaged lo do requires that he shall bo tho holdjr of a second class certificate as a stationary engine-driver, and lie is the holder of a 6ccond class certificate of competency or service, 9s per day. The minimum wage for firemen shall bo 8s for each day's work, inclusive of the time necessarily occupied ill getting up steam, as aforesaid.

I'illing-in Time. — Whore certificated engine-drivers and firemen arc engaged any part of tneir time engine-driving, and -fill in tli'o nine' workshops or elsewhere at other work' for their employers, finch men shjill nevertheless bo paid the rate above prescribed, according to their respective classes.

Undor-rato Workers.—(a) Any worker who considers himself incapable cf earning' tho minimum wago fixed by this award may be paid such lower wage as jnay from time to tirno be fixed, on the .application cf the worker fitter duo notice to the union, by the local inspector ■ of awards, or such other person as, the court may from time to time appoint for that purpose, and such inspector or other, person in go fixing such wago shall have regard to the worker's capability, his past earnings, and such other circumstances as such inspector or other person shall think lit to consider after hearing such evidence and argument as tho union and such worker shall offer, (b) Such permit shall bo for such period r.ot exceeding six months, as such inspector or other person shall determine, and alter the expiration of such period shall continue in force until 14 days' noticc shall' have been given to such worker by the secretary of the union requiring him to have his wage again fixed in manner prescribed by this elauso: Provided that in the civo of any worker whoso wago is so lixed by' reason of old age or permanent disability it may bo fixed for such longer iieriod as such inspector or other person shall think fit. (c) Notwithstanding the foregoing it shall bo competent for a worker to agree with tho president or secretary, of the .union upon such wage without having the same. 6o fixed, (d) It shall be the duty of . the union to givo notico to the inspector of awards of every agreement made with a woiksr pursuant horeto. (e) It shall be tho duty of an employer before employing a, worker at such lower wage to examine tho permit or •agrcteinent by which such wage is fixed. Clauses 9 and 10 mako the usual provi; siona for preference to unionists ana' against discrimination.

Exemptions.—When the wages of a worker coming within tho apparent scope of (his award have already been fixed by aa award of this court or by an industrial agrcament, this award shjll not apply, and this award is miide subject to tho condition that whenever any award or industrial agreement is hereafter made embracing aiy industry, trade, or business in which such workers are employed, such award or agreement may be irrado to eupoisede this award so far aa regards tho wages and conditions of such workers. This award shall not apply to tho Union Steamship Company of Now Zealand (Limited) so far as relates to its hulks, Tho Dunedin City Corporation is exempted from tho operation of this award so far as relates to its electric light and power plant if and so long as the present conditions of employment of engitje-drivers are maintained. The Taicri and Peninsula Mill; Supply Company of Dunedin, Limited, is exempted front the operation of -this award if aud so long as tho said company shall continue to carry out and observe. the conditions now in operation with regard to the engine-drivers and firemen: employed by tho said company in Dunedin. The Otago Dock Trust is exempted from tli© operation of this award so far us relates to its frcsiiug works and olectric light works, if aud so long a« the said Otago Dock Trust shall pay to its enginedrivers and fireman not loss f lhan, they wore being paid immuiediaiely before the last award was made in March, 1907. Special Provisions as te Freezing Works.— (a) The hours of work for engine-drivers wid firemen employed in freezing works shall not exceed .eight. hours per day (including Sundays) exclusive of tlie timenecessarily occupied in getting up steam, aud the provisions of clause 2 of this award shall apply to any timo worked beyond tiicric iiours. lb) The said workers shall bo paid not Ism than the wages fixed by this award, and they shall l>? paid at the rate of time and a-half for any work done on New Year's Day, fester .Monday, or tho King's Birthday, and at the rate of doublo tints for any .such work done on Chi"uitma6 Day or (Joed Friday, (c) Clause 7 of this (lnwird shall apply to freezing' works, '(d) Save as herein expressly provided none of the other provisions of the said award shall apply to freezing works. Special Provisions as to. the Dunedin Hospital Trustees.—(a) The provisions of subclause (a), (b), aud (e) of clause,l6 of this award shall apply io tho Dunedin Hospital Trustees, (b) The provisions of clause 8 cf this award shall also apply to the said trustees, (c) None of the other provisions d. this award shall apply to the 6aid trustees.

Term of Award.—This award shall come into foj;ce on the 27th ih>v of December, 1909, and shall continue in force until tho 31st day of December. 1911.

Memorandum.—ln this matter the main question in dispute was as to the paying cdtgine drivei* for time occupied in getting up steam. Canterbury is the only district ill which engine-drivers are paid for this time. This was involved in the change from a daily to an hourly ■wage, which was made in that district by agreement, of the parties (Book of Awards, Vol. VI f, p. 54). When the first engine-drivers' award was made in Auckland (Book of Awards, Vol. IV, p. 11) the court decided that engine-drivers should not bo paid for time occupied in getting up steam. This decision has been followed in all other ea*es dea.lt. with by the court, atul is embodied in all awards now in force in the Dominion except the Canterbury award (Book of Awards, Vol. X, p. 27). In the present enso tho union, was unable to advance_ any fresh argument in support of its application. The arguments used were those which have been doing duty einco 1903._ and they have not any greater validity now than they had lhen. Tho court delinos, therefore, to make anv change in the matter. The provisions with regard to freezing companies are similar to those contained in the Ca-nterhnry award ("Book of Awards, Vol. X, p. 27). The Dimodin Hospital Trustees ha to beesi put under oonaitions similar to those of tho freezing companies.