ARBITRATION COURT.

Otago Witness, Issue 2388, 7 December 1899, Page 20

ARBITRATION COURT.

THE KAITANGATA COAL MINERS' DISPUTE.

The Arbitration Court resumed on the 22nd. The President (Mr Justice .Edwards) and Messrs S. Brown and R. Slater were present.

The case of the Otago Coal Miners' Union and the New Zealand Collieries, Railway, and Oil Company, which had been adjourned from Monday last, was called on, and the President intimated that the court had decided that it would be necessary to visit the Kaitangata mine.

It was arranged, therefore,, that the case should stand adjourned till Monday at 1 o'clock, when the court would sit at Kaitangata. "

The adjourned sittings of the Arbitration Court to hear the Kaitangata miners case was opened in the Athenaeum at Kaitangata at 1 o'clock on Monday. The president (Mr Justice Edwards) and Mr S. Brown and Mr Slater were in attendance. After formally opening the court, the President adjourned the sitting till after the court had visited the mine. An official visit of the court was then paid to the mine ; the president and assessors, accompanied by Mr Watson and Mr Shore', as ; representatives of the company, and. Mr Smith, Mr Beardsmore, Mr Penman, and Mr Donaldson, representatives of the union. The party spent come two hours in examining ihe workings in all parts of the mine. The court resumed sitting at the Athenteum at 5 o'clock. Mr Smith called the evidence of William Martin Shore, mine manager for, the company, who stated that he had beea in the position for 16 or 17 year 3. The tonnage- rate, at "present paid was 3s per ton for all classes of work. In regard to the headings, yard rates had always been paid, also for levels; not always for stentons. Yardage had always been paid for narrow stentons, and the last few years it had been paid for all stentons. Stentons could not always be described as narrow work. The yard price for headings was now 6s and 9s (the lineal yard, about Bft wide). The rate depended upon the level of the bord. Formerly the price for levels was 4s a yard, but for a long time the price had been 6s. The. price for stentons had been Cs per yard. Men in narrow work, in his experience, made more at those prices than in other work. Assuming the rate of pay to be 10s, a man in a narrow heading would make 12s. At the rate of 9s, which existed at Kaitangata, the men in headings always made an average of from la to !2s a day above the rate. The averago »nian made extra always for stentons. For heading and level work the average rate of wages must have been from 10s to 11s a day • since the new company took the mine over. Mr Brown: In regard to the list of earnings submitted by Mr Watson the other day, was the number of men mentioned who worked after the rope ceased hauling coal? Witness: The practice of work.ng after the rope has ceased running has entirely ceased since, the union has been established in Kaitangata, with very few exceptions. Shortly after the dispute occurred — about 14 months ago — he had stopped a number of ' bords— that being the season of -the year he usually did bo. -They were stopped till a better system of haulage was put in. 'He might have put some of the men to other work — to fill loose coal at the ord.nary' tonnage load. In regard to having given men at that time the privilege of filling loose coal, it was a thing he was always doing. Donaldson was filling loose coal at that .time, which increased his earnings. He could not say what the actual money value of such a privilege was. He had not at that time put " truckers " on to assist the miners. Since he took charge he had always Leen in the habit of making " allowances " to a miner who had not made the average wage. " Mr Smith : Would the stoppage of the bords have a tendency to increase the average earnings of the men per day. Witness: If they were put to fill loose coal. The custom of occasionally allowing this might possibly not be continued if the present reference was adopted. To Mr Brown : It was occasionally the practice to allow a man concessions, owing to his inability to make the usual wages. To Mr Smith: He had put helpers on in four headings during the last four months. Had recently put a rope on, which reduced the haulage, and it was anticipated that it would increase the earnings, but it had not done so. Mr Brown : Then, there must bo something wrong. Witness: Well, it has not had the effect of increasing the output. Mr Smith : Can you give any reason for this? Witness: Simply because advantage has not been taken of the case; without a doubt there is a decided tendency to hold back on the part of the men, who are not working co diligently as formerly. The witness continued that he could not from memory state how many, men had been discharged. Ho had not, in so far as his memory went, employed any outside men. He could not say how much falling off there was in the trade. In regard to the notice that had been posted at the mine rnoulh inviting men to come to the mine manager's office, he recollected it being put up. In some cases the men had come to the office. Ho remembered sending a man down the mine to tell" the men to call at the office; it was for the purpose of asking them to sign a document, if they choose to. He thought he had the original document in the Kaitangata office. Thero were no threats used, so far as he knew. Mr Smith : Were they not told that their signature stood before them and their work? Witness : Not by anyone in my presence. Witness continued that the matter had been explaindd to the men, and it was left entirely optional to them to sign or not. There were men present in the room now who could give evidence to that effect. No inducement was offered, so far as he knew, to induce them to sign. He did not know that Mr Watson had promised the men that if they seceded from the union and signed their contributions to the union would be paid for three months. He thought about 100 men signed it. The amount paid for shift wages was 9s, for which men had to perform all sorts of work. Special work necessarily required specially qualified men to perform it. The coal had never been weighed at Kailangata. The company had a weighbridge for weighing the boxes, but it had never been weighed since The had been manager. There had been a common understanding that three boxes went to the ton, and tue question of weighing had never cropped up. Independently of the height to which they were fitted, the boxes went three to the ton. At one time boxes had been deducted from men, but not for a long time previous to the present company taking over the mine. As regards safety lamps, they had got samples of electric lamps. The men had not been using them as yet; they had never had occasion to do so. Mr Smith : Has there been any effort on the part of the company to provide the men with safety lamps? In regard to the dismissal of Penman, he had dismissed him on instructions from the head office. He hod made no inquiries as to his being guilty of any offence. ' Mr Lee explained that ho had instructed the mine manager to dismiss the man before the Conciliation Board sat in order to allow" Mi Smith to bring the case before the board. ; The President: Had you any comslaint to * make against Pejuaaal

Witness : No ; I simply dismissed him under instructions. The President: You had no reason to find fault with him for his conduct as a miner? Witness: No. To Mr D. Beardsmore : Witness said he could not certify from memory as to the ages of certain of the boys mentioned in the wages statement that had been put in. To Mr Donaldson: Witness had said he supposed the difference to him in filling loose coal would mean a difference of Is to 2s a day. The reason he had been suspended one time was because they could not sell that kind of coal; they were getting too much of the same sort. He had had no reason to discharge him" during 10 years. Archibald Edmiston stated that he had not gone to the manager's office to sign the document that had been alluded to. Mr Shore told him that it would decide whether he was to go out to work again or not. Mr Watson, who was in the office, told him if he would retire from the union he would pay up his three months' dues. He had not s:gned the document.

To Mr Shore: He had been at work at the mine ever since, and had heard no further reference to the document.

William Williams also gave evidence in regard to the document referred to. On one occasion he asked to be put on piecework, and Mr Shore told him to go to h . Shortly afterwards he was put to work in a hot place. Mr Shore then read the following statement to the court: — r '

".Your .Honor and gentlemen, — I would not attempt to address you in my present weak state of health .were- it not to correct Eome statements made by 'Mr Smith and- some of the witnesses; and,, not' being an adept in court practices^ I trust you will overlook my shortcomings, I will not^traverse .. the whole. of Mr" Smith's speech, but will content myself' with an extract or two.

"In the first place, Mr Smith complains of delay, as affording the company an opportunity of bolstering up the wages. Now, gentlemen, in my opinion, it has had quite on opposite effect, as the long delay has enabled My Smith's adherents to gradually seduce their daily output, with a view to present a better .case, by showing a lesser rate of wages, and thereby influence the court. However, notwithstanding the long delay complained of it has not enabled Mr Sm.th to present- in any sense a strong case, his case being so weak that even your Honor had to suggest that he (M' Smith) should bring forward mere evidence, Mr Smith complained of my absence, saying he meant me as his principal witness. That goes further to prove the weakness of -his case, when he has to re]y on the defendant for his strongest evidence. Mr Smith is very fond of making rash statements, and, having done so, evidently does not consider it part of his case to bring evidence in support of statements made for illustration. Mr Smith stated that the previous company paid 4s per ton all round. This is entirely incorrect, as at no time was there ever more than 3s per lon paid for head coal. " Mr Smith would also lead you to believe that the size of boxes in use and -the mode of filling feauic had a tendency to grow, but brings forward no evidence to bear this out. However, I .-shall return to this matter.. Mr Smith would also lead you to believe that by continuing the present system of assuming a measurement ton the company are breaking the law. If your Honor will, in addition to reading sections 71 and 72 of/ ' The Coal Mines Act, 1894/ also read section 73. This section was specially inserted -to meet the '.brown coal' mines of the colony"; therefore, it is exceedingly unfair to quote half measures, with a view to mislead your board, and make-believe that an infringement of the law was being enacted. Mr Smith alpo sh d that he believed Mr Shore was heartily sick of the whole matter. In making that statement Mr Smith was perfectly correct, but from quito a different standpoint to what ho wouid lead the board to infer. It would be possible, gentlemen, for me to lay before you a statement in detail of the petty, interfering, harassing difficulties under which our works have had to be conducted during the past 12 months. But I have no wish to enlarge on the matter. If I did. submit such statement I am satisfied y v would admit that I had just cause of complaint. However, I will admit that of late (with the exception of a few individuals) a much more tolerant spirit has prevailed, and the more sensible of the elder men have assisted in curbing the defiant inipetuousness of the youthful members of the union.

" Mr Smith also wants Is per shift extra for nightshift work, but produces no evideace to show that this rule obtains at any other colliery. I have been associated with mining for over 40 years, and never knew of such extra being paid. There is also the question of Is per dny extra for safety lamps. This is also a new innovation, of which there is no evidence of its existence elsewhere. This, I may tell you, gentlemen, if granted, would tell severely against the men themselves, as often a man is supplied with a safety lamp, not because of any real danger, but as a matter of safety till such times 0,3 the deputy can call his way to see that all is clear; at other times a safety lamp is used for a few days prior to getting a crosscut' through between two places. In -all likelihood, if the extra Is is gxanted, the men, instead of being supplied with a safety lamp, would be allowed to go idle till such time as the lamp can* be dispensed with. "As. for Mr* Smith's application for extra for opening out bords, that is provided and paid for at present. Originally 13s id was the allowance, but for some years the allowance' has been 20s, which is more than Mr Smith asks for.

"Mr Smith ako draw 3 a long bow re the dangers of pillar and head coal working, and asks an extra 6d per ton on that account. As for danger, our experience is quite the opposite, while as to the extra money asked for, I may inform the board there is no better paid work connected with the colliery, there being always plenty of applicants for such work, mainly on account of the good money to be made, and the ease with which the coal can be got. This is another case in which Mr Smith no evidence to support his statement.

" A great deal has been made by Mr Smith of the question of sharing work during slack seasons. Much can be eaid on this question, hut when I tell you that the difference between our winter and summer trade equals more than the output of 100 men, you will perceive the difficulty of the situation ; and, besides, for our company to keep the whole place open during summer — equal to providing for our winter output — would mean an unwarrantable expense, and more than that: it would mean keeping the v-'hole staff of workmen hanging round Kaitangata for a matter of two or three days' work per week. Ask yourself the question, why should men be kept dangling idly about Kaitangata, »nd plenty of employment to be had elsewhere? Why, we have already during- the past two months reduced hands by over 40 men and boys, and I don't think there is one of them about the place. This sharing of work during slack seasons is simply a question that will not stand inquiring into, unless it be with the object of reducing the average earnings, so as to bolster up Mr Smith's case.

"Mr Smith complained of Mr Watscn not paying a document into court that men had been asked to sign. But he (Mr Smith) has also failed in a promise made to the Conciliation Beard. He promised to supply a list of members of the union, along with a copy of the union rules. This has never been complied with. "Win? Simply, because at that time the

membership was largely composed of boya"an4 young men, and I verily believe Mr Smith did not like to disclose his clients. " While on this question, I may just remark - for your information, seeing that Mr Smith has not informed you, that to an outsider it doe 3 ' seem strange that the members of the union, should pass a resolution accepting of the Conciliation Board's award that our company, should accept the award, but that Mr Smith.' should, of his own motion, override everything, . and refuse to accept. If I am' wrong in putting the above matter, the chairman of the union is my authority, and more than that, the chairman, said he would not have the -decision reversed. However, judging by subsequent events, the chairman was overruled, and many of the men have been sorry since that the award was not accepted, and so well they may. If they wiU only put their loss since last April into figures, it will be an eye opener, and prove 'what outside advice has cost them. " Re the weighing question, Mr Smith has never given us an interpretation of what 'he means by gross weight, assuming the meaning to be weight of box as it lands on p^it top. Many statements have been made as to what the box contains when this question was before the Conciliation Board. 'We had tests made, which, I suppose, will be in the evidence before you. However, a further test was made on Saturday, when. 4s boxes, or 15 tons, was put. over, the screenj,' with" the f ollowing result": — . 11 tons OcwtSqr, screened coal, "and 6*lt6n 7cwfcl 2qr -of nuts, peas, ancl smut. So that ..while.-"" the company were paying for '^s to'ii of screened, coal they only, received 11 ton ocwt*2qr. ; This shows tjie. value of such, rambling .statements. Biit," gentlemen,- the one great, question with * this weighing business is' what, to do- to "en- ' courage fhe production of large coal. Our coal is of isuch a friable nature,- and the small" coalbeing of no value\it cannot really be .compared - or classed with!other' coals, especially bitumin- \ ons coal, where every particlo is' marketable, and why this question of gross weight should for ever be drummed in our ears with out a complete explanation as to what it is -meant to cover is one of those things one can't understand. If it means gross weight of screened coal then the, above hgures will show how the matter will work out very much against the coal hewers. " Re Mr Smith's remarks and efforts to show the necessity for increased pay for levels, headings, and atentons, I. shall produce evidence to prove that at present rates men make good wages. The question of eight hours from bank to bank would not be such a serious question' if one could be assured that men would proceed straight to their work, and continue at their v.crk to within a period sufficient to cover the distance between working places and mine mouth. However, if we are to judge by past experience we need expcot no such results. ."■ I was pleased with the remarks that were made by your Honor re approaching this matter in a conciliatory spirit, and so far as T am concerned your advice will be pcted upon. ' Mr Shore, in answer to Mr Lee, stated that tiie boxes were the same in measurement now as they had always Lecu since the beginning of the mine. The President said- tho court had nothing to • guide them as to what rate ought to be paid in. wages. There was before, the court as . to. what was pa.id- by- others.- His. individual opinion was that , every- man who worked was, ,• as a'rule, underpaid fer his work. That, howover, did not mean that at was the fault of the individual employer — employers could ohly'pay whatr their business allowed them to pay. He ■ thought the court should' know. what was^paid ; in other parts of -the colony for the same' class of work. At this stage the court adjourned till half- \ past 9 the following morning. On resuming on Tuesday, The President asked Mr Shore to what points in the report of the Conciliation Board he objected ? Mr Shore said the company had accepted the report. The President: Including the preference clause ? Mr Shore : Yea ; we agreed to that as a compromise rather than stick the case up. The President asked if the company were paying the prices contained in the report in regard to certain classes of work? Mr Shore 1 said no. They were paying the original prices. Mr Shoro called Robert Henderson, carpenter at the mine, ■who stated that there had been no alteration in the size of the boxes during the nine years he had been at the mine, except that, owing to the lining being increased their capacity waa decreased. Before Ihe court adjourned, Mr Smit'i asked leave to refer to some of the statements that had come out in evidence, which, he said, were misleading. One was in connection with the size of electric lights in the mine, which, it had beea stated, had been introduced. This was not the ca3e. Then, in " regard to tho alleged conspiracy on the part of the men to' shirk work, his experience was that • men on piecework; could not be induced to shirk work. Then an assertion had been, made that the president of the union would have accepted the board's recommendation, but that^ he (Me Smith) would not do so. -It was'quite'new to him that- he had so mucH influence.. He would also' like to point out .that it had been, represented to him by the men that the cost to them of the upkeep of tools, providing, light, and explosives, meant a deduction of about 8d" a day from their earnings. - The President intimated that the court would reserve its award, and the court adjourned. . The Arbitration Court held a final sitting at half-past 2 o'clock on Thursday afternoon, when awards in the various cases heard before it - during the last two days were delivered.' Before the delivery of the awards the President (Mr Justice Edwards) said: I desire to make the following statement for the publio information: — I have, for obvious reasons, passed by in silence a great many statements which ' have been published with reference to my preaidency of this court, but I think that the time has now ccme when I ought, in the public interest, to state the truth, for the information of those who care to learn i*. At the end of March, 1898, I was asked by telegram from iihe Premier if I would accept the presidency of this court. I considered the matter, and looked at the statute under which the court is constituted. I came to, the conclusion that acceptance <of the office would entail considerable sacrifices in the way of extra work, absences from home, and frequent travelling, and that I cojuld not, with any show of reason, be asked to make these sacrifices unless I rece-'ved come compensation therefor. I found also that the statute contemplated that fees should be paid to the ' president of the court, and that power waa given to the Governor-in-Council to fix these. Accordingly I informed the Premier that while I was willing to accept the office temporarily, if this were necessary to avoid inconvenience, I would not retain it unless reasonable fees were paid. In reply, the Premier informed me that he recognised that the conditions mentioned by m*- were reasonable, and that he would be glad if I would accept the office temporarily, on the understanding that later on the question of remuneration to be paid out of _ fees or as voted by Parliament should be adjusted. # _ I accepted the office uuon these term*, anafli*

paling that the Premier would place a sum upon, the' Estimates of 1898 in redemption of fais. promise. I was absent from the colony when the. Estimates of 1898 were laid before Parliament, ,and .it seems tha.^ during my absence the matter was overlooked by the Premier.

For the public convenience I continued to discharge the duties' of the office, but I informed the Premier more than once after my leturn to the colony that I expected the terms upon "which. L had accepted the office to be carried out, and moreover that ■I did not desire to hold the office, but that I was prepared, as I am still and alw*~s have been, to relinquish it at any moment that other arrangements could be made.

Early during the last session of Parliament I informed the Premier that I found that the sacrifices which the. office entailed upon me were even greater than I had anticipated, and that I decSned to continue to hold the office unless provision were made for payment of a sum of £500 per annum in respect thereof. In proposing to Parliament a vote for £1000 to cover payments to be made to me, the Premier was, as to half that sum,. simply carrying out the contract under which 1 had accepted the office, and had discharged the duties lor 19 months Common honesty required that this should be done, and I am under no obligation whatever jo the Premier for proposing the vote or to Parliament for passing it.

As to ,the balance of the sum put upon the •Estimates, the Premier was but making the provision necessary for carrying on the work of th.l 3 court until the next session of Parliament.

Whatever is to be paid to me is to be paid not as a gratuity or a douceur, but in payment for services honestly rendered to the State, and in pursuance of the prior contract under which those services have been and are being rendered.

It is in no way incumbent upon me to discharge the duties of president of this court, and I am jiot, and never have been, desirous to hold, the office. If I hold it I am entitled to name my own terms for doing so, and it rests with those- who are responsible for the conduct of the business of the State to determine whether those terms are such as it is in the public interest to accept.

These factn appear to be ignored — that the statute contemplates payment to the president for his services, that I am under no obligation whatever to hold the office, and that the payment to be made is considerably under onethird of the cost to the State of an additional judge to discharge the duties.

To" assert that the office does not entail great sacrifices upon its holder in the way of additional work, frequent travelling from end to end of the colony, and repeated absences from home, is either to deny known facts, or to make reckless assertions, without considering the truth.