BURNSIDE FREEZING WORKS
DISPUTED CLAUSE IN AWARD j JUDGE’S INTERPRETATION Failing to reach an agreement hy a specially-appointed committee on the interpretation in the case of the Burnside Freezing Works of the clause relating to the “ smoke-oh ” period in the New Zealand (except Westland) award, the matter was referred to the Court of Arbitration for settlement. Mr Justice Hunter has now delivered his opinion that the chamber hands are not entitled to a “smoke-oh ” period at 5.15 p.m. in addition to that allowed at 3 p.m. The clause in question reads as follows:
“ Provided that two hours’ work has been performed since commencing work or since a meal interval, as the case may be, an interval of 15 minutes for chamber hands and an interval of 10 minutes for all other workers shall be allowed for ‘ smoke-oh ' each morning and afternoon when working overtime and on shifts at intervals of approximately two hours, except when working the full five hours between meals, when ‘ smoke-oh ’ shall be allowed at the end of two and a-half hours after each meal. Where load-ing-out is being done at a roadstead port the 1 smoke-oh ’ shall be allowed at a time when the lighters have completed loading.”
Chamber hands employed at Burnside work frdm 1 p.m. to 6 p.m., and a “ smoke-oh ” is allo wed at 3 p.m., but none is allowed after that hour. The contention of the union was that a further “smoke-oh” should be allowed between 5 p.m. and 5.30 p.m. The opinion of the court is as follows:
“We are of opinion that the ‘ smoke-oh ’ which was given at 3 p.m. should have been g;lven at 3.30 p.m., as the workers weire ‘ working the full five hours between meals.’ The fact that it was given from 3 o’clock to 3.15 does not, in our opinion, entitle the workers to another ‘ smoke-oh ’ at 5.15.”
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Bibliographic details
Otago Daily Times, Issue 23578, 15 August 1938, Page 7
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312BURNSIDE FREEZING WORKS Otago Daily Times, Issue 23578, 15 August 1938, Page 7
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