A CLAIM FOR COMPENSATION.

Otago Witness, Issue 2539, 12 November 1902, Page 17

A CLAIM FOR COMPENSATION.

The Arbitration Court sat again on Thursday morning, when, the hearing of the claim by Mary Churstain against the Kohinoor Gold Dredging Compauy for JE4OO in connection with the loss of her son, who was drowned while boating timber to the dredge on the West Coast, was resumed.

Mr F. R. Chapman appeared in support of the claim, and Mr W. At Sim for the respondents. Mr Chapman said that as the ease would Have to come before the court again in connection with the circumstances of the death of claimant's son, he proposed to in the meantime merely call the evidence of two w:tnesses, who wer,e present in court. Evidence was then given by Mary Churstain and her daughter, Florence Churstain. Mr Chapman suggested that what should now be done was to see the actual depositions taken at the inquest. His Honor said the parties might be able to agree in the interim. The court was going to tiie West Coast, but it was not a fixture. - Mr Sim said if they could not agree without making admissions or taking the depositions, &c court' might take evidence at Hokitika. i His Honor agreed with this, and said that the court, would sit in Dunedin again very shortly after- they returned from the West Coast. .They would not, however, go to the Coast for this case alone. ". Th,e case was then formally adjourned to next Bitting of tne court in Dunedin.

TOBSDXT, NOVEMBER 4. [Before Mr Justice Cooper, Mr R. Slater, and Mr S. Brown.) COAL MINERS' UNION v. LOVELL'S PLAT COAL COMPANY. 'A reference direct to the court by the workers. Messrs J. Hollows, H. Duncan, and A. Wjunderson appeared for the Qtago Coal Miners' Union ; Messrs J. Carruthers and G. K. Cheeseman for the LovelPs Plat Coal Company. Mr Hollows, who opened the case for the ■union, said that before proceeding with the facts of the case he desired to state that the men regretted very much that a fire had caused much damage in the mine. With Tegard to the dispute, he had to say that, although of late there had been an all-round improvement in the mine, both in regard to wages and conditions of work, the present prices were considered insufficient. The payment of various classes of work had not been of a uniform character, and the workmen felt that it would be a. great boon if they had an award, so that each man would know what payment he would receive for wort done. The speaker went on to refer at length to the demands of the workers. It-w_as agreed that the parties should have »' conference in the evening, with the view of informing the court on the following morning •which of the men's demands are disputed by jthe company. The union's claims were as follow : — Tonnage frates, 4s 6d and company to do trucking (preBent rates 3s and men do their own trucking). Yardage rates : Headings, 7s (present rate, Bs) ; stentons, 8s (present Tate, 4s) : levels, 6s (prefjsnt rates, 4s). The union further claimed that the company should deliver timber at the working faces instead of as"at prasent at the working p!aces, that all coal should be weighed instead of measured, and that no coal should fee worked on shift rates where time rates have been fixed. ,Mr Cheeseman informed the court that at the •mfeitaw with the Mfa-ctory of ffee. seisa ££r

Hollows) on the previous evening the condition regarding balloting had been agreed to, with the addition that dips should be worked on Bhift wages, the manager to have the right -to object to 'incompetent workmen in special ballot. Bords, it was agreed, should be driven 12ft wide. It was also agreed as follows: — Miners when breaking away bords, narrow, to bo paid yardage .rates until such time as a width of 9ft ?s obtained. Shift wages to be 10s for deficient places.. No. 10 of the conditions was altered to read : " Any miner taken from "the face to do any work either inside or outside the mine, to be paid 10s" per shift, except under exceptional circumstances, when ! a man is put on at a lower rate to be fixed j by the mine manager and the committee." No. 12, referring to miners filling stone, was struck out. No. 13, boxes to be equally distributed throughout the mine, was agreed to. No. 14, miners not' to be responsible for their places, was' struck out. No. 15, working in wet places, was agreed to, with the exception of the words "at fire or," which were deleted. In No. 17, price of timbering, the price was fixed at 2s instead of 23 6d. Nos. 19 and 20 were agreed to, and No. 21, referring to truckers' wages, was struck out, and the following substituted: " Truckers to be paid 5s per day when 16 years of age, 6s when 17, Js when 18, 8s when 19s; special rates, more or less" than these, can be arranged," and the addition of clause 25 of the Kaitangata agreement. No. 24, referring to overtime", "was altered to comply with the terms of •'' The Coal Hines Act, 1901." In No. 25 it was agreed that the hours from bankfTp bank should be Si to constitute a shift. No. '26, workmen to be supplied with" household "coal at present rate, and No. 27, the company to ■ "supply tools and ammunition at '. cost price, were "struck out. No, ' 28, referring to holi- - . days,- was altered, making the Saturday following'pfty day a full holiday in the summer and - a ~half-boliday in the. winter, the clause not to apply to day-men doing necessary work. No. 29 was agreed to as follows : " Delegates and other officials to have leave to attend to all business of the union upon giving reasonablo notice to the .manager." Preference to the ' union was the same ao in the Dunedin carters' award, and would not affect casual labour above ground. No. 32 was altered to read: '"Anything not provided for herein to be arranged between the mine mvaager and the local committee and the general secretary of • the union, and, failing agreement, to be referred to .the chairman of the Conciliation Board." The clauses still in dispute were; (1) Tonnage rates ; (2) heading rates, per yard ; (3) stenton rate 3; (4) level rates; (5) no coal to be worEed on shift wages when time rates i have been fixed; (6) coal to be weighed; (7) company to provide truckers ; and (8) company to cut and deliver timber at working places. Evidence in support of the claims of the miners was- given by Hugh Duncan (miner), who" said there was more difficulty in mining coal at Lovell's Flat than at Kaitangata, and that an average of 10s per day could not be kept up; Roberts, Finlayson, who said he had earned less at Lovell's Flat than anywhere else he had worked ; and Benjamin Miller and Daniel M'Ewen, who gave similar evidence. This closed the case for the xinion. Mr Carrnthers, in addressing the court, said that when the Lovell's Flat Colliery was opened six years ago the rales paid were equal to 2s 8d per ton. The rate was increased on two separate occasions after the mine had , been, working a few months. The men employed were Kaitangata miners, and they preferred to accept a lower rate for mining Lovell's Flat coal,- as it was easier to get. About the beginning of September, 1899, the present company" came 'into possession. The erection of' plant and putting the njine into repair occupied the most of the first year. Until June, 1900, all the men were paid day's wages, but during that month some of the men started on piecework. Among other alterations they had made their skips larger, three to the ton, so that the men could take a ton to the pit bottom in three trips instead of four, as formerly. The first piece rate they paid was 8d per skip, and the men made fair wages, but as the Kaitangata rata had been increased they admitted their right to givp a similar increase. The riddles used were inch and a-half, the xise of the 2in riddle 3 being stopped, and the yardage rates were raised from 3s to 4s and 5s per yard. These concessions were equal to or better than thos2 -granted to the Kaitangata men by the court. From June to September the men held back, and would not make more than 10s per day, and made it uncomfortable for anyone who exceeded that wage. In August the company received a reference, which was a close copy of the one served on the Kaitangata Company. The company refused to establish the Kaitangata rates in the mine, .and the reference was thereupon filed with the clerk of awards. Almost as soon as it was filed the men broke through the restriction, and made from 10s to 14s per day, the reason for the change being a bjlief among the men that anything of that sort occurring after the reference had been filed would not be used as evidence against them. Th» case, however, did not come on; through various delays it was allowed to lapse. In August, 1901, he was asked to meet Mr Donaldson and some of the men on the trucking question, and he arranged to meet them, but they did not turn up. The present reference was only filed for hearing in June last, so that the men showed no great anxiety to put their case before the court. He observed that the men had ignored the Conciliation Board, and had come straight to the court with their case. The interpretation he placed upon that action was that the men believed the less the matter was thrashed out the better it would be for their case. Regarding the present demands, their effect, if granted, would be to increase the wages by 90 per cent. It was not just to the Lovell's Flat Company that they should be called upon to pay the same rates as those ruling at Kaitangata, where the coal 6old at a higher price, or the same rates as Gieen Island, where the coal was nearer to the market. Evidence was given by — Duncan (underground overseer) and J. Carruthers (mine manager). Mr A. Manderson was called, but was not in attendance. , Mr Carruthers addressed the court. Mr Cheeseman, addressing the court, maintained that the men had been always fairly treated, and that the Tate at present being paid enabled an average miner to earn a good wage — over 10s a day. He did not see why the company should be asked to pay a, higher rate than the Kaitangata Company. The latfei company was ngw working under an agreement to pay 2s 6d per ton for hewing coal, and the company did the trucking, and at this rate, he understood, the miners were making good wages. Yet the Lovell's Flat Company was asked to pay 4s 6d a ton and to do the trucking — a difference of at least 2s a ton on this head alone, which was enough to cripple any company, especially when it was taken into consideration that the company was producing a coal which would not command within from 3s to 4s per ton in the open market what the Kaitangata coal commanded. Furthermore, how could the company compete with Newcastle coal if the rate was raised? Newcastle coal could be landed in Dunedin at 26s ai ton, all dues paid. Instead of getting an increase in the hewing Tate, the company, he thought, should have it reduced to 2s a ton and do the trucking itself, and the present yardage rates should not be touched. In fram- , ing the reference he did not think the union ; really knew what they were asking for, or they , ' had acted -with a view to mislead. Taken alto-

per cent., so" that where a man was now able to make 10s a day he would, if the demands were granted, be able to easily earn 19s a day. He had also to say thait the mine was not paying, and therefore a reduction rather than an increase should be given to enable the company to carry on. . Mr Hollows said he would not take up time in addressing the court. The demands made by the union had been fully explained by tho witnesses, and he would leave it in the. hands of the court to say what the altered conditions should be. He had to thank the court for the patieifce with which it had listened to the case. His Honor said the court would give its decision in the case before leaving Dunedin next week.

The Arbitration Court sat on Thursday to hear the dispute between the Otago Coal Miners' Union and Loudon and Howorth (Jubilee Col-, liery), Freeman's Coal Company, the Fernhill Colliery, the Walton "Park Coal Company, Christie Bros., Harris and Sons, Nichol and Sneddon, Bryce Bios, and the Riccaxton Coal Company. The union was represented by Messrs J. Hollows (secretary), W. Allan, and W. Hollows, and the employers by Messrs Jas. Loudon and A. Howorth. The reference filed by the union, by whom the dispute was referred direct to the court, was "extremely lengthy.- Claiise 1, having reference to -balloting, was. to the" effect Uhat balloting should take place every, three, months, that all places should be balloted for, and that headings and levels should be balloted for specially. The first. man out of ' a- place- to- be put into the first place vacant or to start, " provided the mine manager might withdraw < a 'man if, during the. three y months, he thought it necessary for the safety of the place or the men, and replace him by a more competent workman. Clause 2 dealt with tonnage rates, the following rates being sought: — Round coal, 4s per ton v ; small coal (ljin Tiddle),' 3s 4d per ton ; small coal (lin riddle), < 2s" 6d per ton. Should the amount of round coal .come under four boxes per day per man the price of small coal (in riddle) to be increased to 2s 8d per ton, and if the amount of round coar> came under two boxes per day per man, the price of inch riddle to be further increased to 3s per ton. Tripping to be paid for at the rate of 2s per ton, and dross Is 4d per ten. Should the mode of filling be altered the tonnage rates to be reconsidered. The following are summaries of the remaining clauses:— 3. Pillars: When brought back bcdily with two open ends the~ price to be 4d per ton less than foregoing rates; when worked in strips not less than sft wide, 2d per ton less than solid rates. When the strips are less than sft wide, solid or bord rates to be paid. Headcoal to be worked with pillar coal where practicable. 4. For narrow places yardage rates at following rates to be paid, in addition to the tonnage prices of solid or bord places: Headings (6ft or over in width), 5s per yard; levels (6ft or over in width), 4s per yard; stentons (6ft or over in width), 3s 6d per yard when driven through front bord to bord, arid the distance not greater than eight yards. Should the distance be exceeded .or. stentons n^t find a full opening, heading price to be paid. " Crosscut headings and •stenfons to' be paid Is per yard more than ordinary 'headings and stentons. 5. Deficient places to mean a place 'wherein an average miner cannot make the average wage. Payment to be subject to arrangement between union and employers. 6, 7, 8, and 9. Shift wages to be 10s per shift. Wet places to be paid shift wages for six-hour shifts. 'Freeman's mine to be '"worked "on shift wages. Boxes to be regulated -throughout -the mine so that each workman gets his share. 10. Fourpence per truck to be paid for every chain or part of a chain for trucking over two chains and a-half. 11. Tools to be sharpened free of cost to workmen. 12. Labourers, truckers, attendants, horse drivers, rope attendants, and tippers over 19 years of age to be paid 8s 6d per day ; 17 to 19 years o: age, 7s 6d per day ; 15 to 17 years, 6s 6d per day; up to 15 years, 4s 6d per day. 13. Boys and youths when starting to get their turn as follows: — Up to 16 years of age, one half-turn ; from 16 to 18 years of age, threequarter turn ; after 18 years, a full turn. Youths starting at the age of 17 years not to get a full turn until the age of 20 years. Youths starting at 18 years of age not to get a full turn until the age of 21 years. 14. Timbering to be paid shift wages. 15. Holidays: Ist and 2nd January, Good Friday, Easter Monday, annual picnic day, Labour Day, King's Birthday, Prince of Wales's Birthday, Christmas, and Boxing Day, and the half-holiday each Saturday. 16. Should ft miner be taken from the face to do any work in connection with the mines, either outside or in, shift wages to be paid him. 17. Workmen not to be called upon for less than a half-day's work, nor after or before the usual starting time, except in exceptional cases, such as would retard or stop thp usual work. Overtime to be paid at the rate of time and a-half for the first four hours. Double time after that, and double time on Sundays. 18. Wages to be paid every fortnight on the works. 19. Two men not to be employed at one ordinary face unless at increased rates. 20. Members of the union to have preference of employment over non-mem-bers. 21. Officers or representatives of the union to be perjjjjtted to have a reasonable number of days off when attending delegate or council meetings, or when in any other manner attending to the business of the union. 22. Anything not provided for herein to be arranged between the mine manager and the local committee or the general secretary of the union. Failing an agreement between these parties the work to proceed at shift wages until a final settlement is arrived at by either board or court. The members of the Local Committee or the general secretary of the union to be permitted to enter any of the mines for the purpose of looking at any part of the works under dispute, or for the purpose of gaining information in one or more mines which may help to settle a dispute in another. Mr J. Fox, who was present on behalf of the Riccarton Company, urged that his company should receive special treatment. They had not been consulted or taken into the confidence of the other owners until the eleventh hour. The mine was a virgin one, and had not yet been opened, and when it was opened it-might be found that conditions in forse elsewhere would not apply. Mr Hollows, in opening the case for the union, said it might be contended that provision was made in the Mines Act for good air, [ but good air in many mines was an utter ini- | possibility. The chief cause of the air being impure in the Green Island mines was the presence of black damp. He regretted, as much as the employers, that impurities existed, but as they did exist it was clearly his duty to point the fact out. He did not anticipate any objection to clause 1, as it was similar to the award under which the mines were worked at present. Clauses 2, 3, 4, 6, 12, 17, 20, and 23 had a local significance, and were the main items in dispute. Most of the other clauses had been in operation for some time throughout the district. They were asking for what was supposed to be paid at the present, but two important points had to be raised : there was no specified standard of height to which the boxes had to be filled, and the court would observe that per ton was mentioned. The miners were filling from 22cwt to 24cwt for a ton, and the miners were paid for 20cwt, and this they wanted a stop put to. With the present mode of filling unscrupulous employers forced their men to pile up until they got more ik*U 9, fetfjNUUW^iA fiA& jUOt Jhejj, cop-

ployers got an undue advantage erer the others who acted fairly, and eventually forced them to make their miners fill up their boxes. The union considered .that the boxes should be filed level full, and if the employers objected to this he would make an offer that a responsible person be appointed by the court to weigh a number of boxes to ascertain their weight, and make a standard according to that weight. The union wished the court to make provision for having a suspected box put on a- weighbridge and weighed. The other important point was that for some time the percentage of round coal had been gradually decreasing. Miners did not now receive payment for round coal to the same extent as they did formerly. It was universally recognised that the workman who produced the most round coal with the smallest percentage of dross was accounted- a practical worker, and would get preference of employment. If the miner did not receive 4s for .the. round coal it' was filled as small coal, -and. the' miner got 2s Ad for it, and he (the speaker) had a strong suspicion that a good proportion of it was sold as round coal. The court would see the necessity of such a stipulation as the one drafted — four boxes Qf round per day, or proportionate increase on the small coal. In. clause 3 the price asked was the same as given in the last aw,ard, and only a slight increase was asked for in clause 4. He did not anticipate any serious opposition to clause 5. With regard to clause 6, poverty as an argument on the part of the employers was useless now, J as they ' had combined, and. the consumer had now to nay Is per ton more for coal than they did; of which the miner received sixpence.,. The mines" were .paying now as they never paid before. Clause; 7 had been" conceded in every instance "With*regard to'clause 8, the difficulty was that to get evidence, as. there was not a member of the union's committee working in Freeman's mine. " He did not think a member of the committee" would-be allowed to ,work there. Clause 9 was always conceded by employers". Seeing that the union's demands (clause 10) were based on the assumption that the' trucking distance would be two chains," he thought they might fairly ask for some concession per ton, if they went back to the four chains. If an increase of twopence per ton was agreed to they would let the matter, drop^ or, if the companies would do the trucking the men would be prepared to accept twopence less than the prices asked. He thought that was perfectly fair — either that' the companies do the trucking and the men accept twopence less, or that the* men do the trucking at twopence per ton advance. With regard to boys and youths starting on coal, the object of the union was to prevent unscrupulous men taking advantage of boys and youths. The union considered it their duty to bring the matter before the.court in order that the interests oi boys and youths might be safeguarded.- With regard to the question of a half-holiday such a provision was made in other callings, and there were much stronger reasons why the same should be done in the case of underground workers. The justice of clause 17 would be at once apparent to tHe court. When men had to get up early in the-morning and make preparation for work, and in some cases had to travel a considerable distance, it was only fair that at least half a day's work- should be gi^en them. Regarding overtime, he thought .the demand fair and reasonable. <. In reference to clause 21', • Mr Chapman, the late chairman of. thejponciliation Board, had advised that such a provision should be made t ; hence -the demand. He was sorry to say that in gome mines a union man was not regarded with very great favour. He considered the provision containedjn clause 23 should be made"" in the of those employers who did carry" out the award of. the court. There was a suspicion that some of the employers had not been acting up to the court's award, and when a remonstrance was made by some of the workers they were politely " shunted." If preference was granted by the court, he would ask that it was not hedged round by conditions. The old award worked out that preference was given to non-unionists. There were two mines in Green Island whose owners had persistently refused to take men whose names were on the employment book, and had forced the union to accept them as members who were in every way unfitted to be members, because they had no sympathy with it. These men had become members only to procune work.. They did not attend meetings, would not accept the ordinary responsibilities of membership, and would work at rates and under conditions at variance with the award — in short, they were used as instruments by the employers to break away from nearly every provision of the award. He might say with safety that one-fourth of the members of the Green Island branch of the union had been forced upon them by the employers, and a corresponding number of members had been forced out of the- district. He could safely assert that two years more under an „ award witH" the preference clause worded as the last one was would result in the destruction of the Green Island branch of the union. Mr Hollows then proceeded to call evidence. On the court resuming at 2.30 Mr Hollows intimated that clauses 1 and 7 had been agreed to. Clause 8 had been struck out. Clause 9 had been agreed to with the addition of the following words: "Provided miners can follow their turn." Clauses 11, 14, and 16 had been agreed to. Clause 17 had been struck out, an assurance being given by the employers that they would not be guilty of an abuse in that connection. Clause 18 had been slightly altered, the wages to bo paid every second Friday on the work. Clause 21 had been agreed to with the following addition : " The maximum number, including officers, to be two men from any one mine." Further evidence was given by Robert Hill, manager at Freeman's "mine; James Gray, owner of the Fernhill coal mine; Joseph Barber, manager at Christie's mine ; George Smith, working at the Jubilee Colliery, Fairfield; James Christie, manager No. 2 Saddle Hill Collkry; and Peter Campbell, manager at the Jubilee Colliery. It tßeh being 5 o'clock, the court adjourned.

The hearing of the Green Island coal miners' dispute was continued on Friday before his Honor Mr Justice Cooper, and Messrs Brown and Slater. . The union was again represented by Mepsrs J. Hollows, W. Allan, and W. Hollows, and the/employers by Messrs James Loudon, and A.-' Howorth. Mr Hollows exp!ained,,to the court that he had further witnesses to call but in order to expedite matters he would leave the union's case where it was. Mr Howorth informed the court that the employers desired the following clauses inserted: (1) Definition of hours of labour for a shift, also time for meals; (2) that any day's wagesman might be required to get coal when not oherwise usefully employed; (3) that clause 16 should be the same as clause 12 in the old award; (4) that union and non-union men must work together in harmony; (5) that provision be made .for incompetent workmen. Mr Howorth then called John Maishall, James Loudon, and David L. Christie. The last witness said he had reason to believe that when Mr Hollows had stated the award was not being carried out in some of the mines he was referring to their mine. He gave that statement a distinct denial. They had carried out the provisions ofthe award. The last witness called before the luncheon adjournment was Alexander Gibson. On the court resuming, Mr Loudon intimated that he would call one witness, and after that tbe jHUfIU aa&sssL is iws& tie *flUfliuMmeat

would be -placed before th« court. He thetf called Alexander Faulkner. ■ -

Mr Hollows stated, at the close of this wife* ness's evidence, that they had agretd that th* clause regulating ~th« number of round coal -boxes (clause 2) should be altered to read thaq the increase take place from four boxes per dajj to three boxes per day. With regard to th« latter part of the sama clause, the part referring! to two boxes per day had been struck out onf the understanding that the special clause 29 covered the matter. In the matter of pillar, prices it had been arranged that no difference be made 'as regards Walton JPark,-when strips' were being worked. It was distinctly understood that tha manager would allow a manf on a narrow strip to keep his turn from loose, or easily got, coal. In respect to tjie Fernhill Company, it had been agreed that tha words " three boxes " be altered to read" "two boxes/ This was' done with the iull consent o£ the other proprietors. It had been arranged between the -parties, that the question ■ of tha - width of bords- (clauses 4 and- -10>- 'should b* further discussed privately. "A 'conference - would be held, and the result would be Jorwarded to -"the court. Failing an - agreement, the court would be asked to make an award in the matter. Replying to his Honor, Mr - Hollows said •the union was agreeable to accept the Lovell'a Flat award in reference to deficient places. Mr ..Loudon and Mr Howorth then put in - statements with^ regard to- work ■ and wages at their respective mines, which were handed to Mr Hollows for perusal.' , , , • •His Honor*' requested- the -parties ,to~fo'rward - the result of, their further, conference to th*' of awards/foe* transmission to wherever the court might be/>n'd called on Mr Fox to" lay his case before the'eourt. ; •• Mr .Pox. repeated _his application, made th« day previous, that the Riccarton mine might . be treated ..separately. It was a virgin mine, and undeveloped,' and the profits "could not , be taken out of it, at" any early date.' H« objected to the union's reference. in globo, and" proceeded to deal with each clause. A^vrigin. mine, he said, was not like an established mine, and an award would be given -for a certain period, under which he might come aft' a later date. ._ . '.* .* - . Mr Hollows, having reviewed the evidence, th« . further sitting pi the courjr was adjourned to Tuesday morning, when the Tailoresses- Union will ask for the enforcement of the awari against Ross and Glendiriirtg. . ■ a cS.** 1