Reserved Judgments Delivered

Wanganui Herald, Volume XXXXII, Issue 12438, 10 April 1908, Page 5

Reserved Judgments Delivered

- ' (Per United Press Association 1 ). , WELLINGTON, April 9. The Clerk -ot Awards to-day read four reserved judgments of the Arbitration Court respecting" alleged breaches of awards.

The first decision related to the Inspector of Awards v. Blundell Bros., Ltd., the New Zealand Times Co., Ltd., and the Wellington Publishing Company, Ltd. His Honor^ Mr. Justice Sim, in the course oi 'his ; 'fudgment said -theso cases were heard togethW, and then came question was involved in each case, as to the construction of clause 3 of the Wellington Typographical Award in connection witli machines. Clause 3 provided that any operator or apprentice required to work on Christmas Day or Good Friday should be paid at double ' rates, and. if required to work on New Year's Day or Labour Day should be paid at time and a half rates, and a corresponding rate for piece' work. The respondents employed their ' linotype operators at the weekly wage proscribes by clause 4 of the award. They were required to work, and did work on Labour Day, but were only paid half time in addition to their weekly wage for the worlr done on Labour Day. The question which the Court had to determine was whether an operator was not entitled- to be paid at the rate of time and a half for this work in addition to the weekly wage. The Court held that he was. To hold otherwise, aud accept the construction which the respondent invited the Court to put on the clause, would lead to this result: An operator who is a weeKiv hand is entitled to be paid his full weekly wage without doing any work on Labour Day, and if he works on Labour Day he would bo paid for the work done on that day one half only of the rate which he is paid for work done on other days. The construction contended for by the respondents would also produce a remarkable difference between the rate to be paid to weekly hands and piece workers for work done on Labour Day. A piece worker was not entitled to be paid in respect of holi■days save for work done on such holiday. For work done on Labour Day a piece worker was entitled therefore to be paid in terms of the award at a rate corresponding to time and a half, but according to the respondents' construction, a weekly hand was only entitled to be paid at the rate of half-time, in addition to his weekly wage. In other words, a piece worker was entitled to be paid at least three times as much as a weekly hand for the very same work when it was done on Labour Day. It appeared to the Court that a construction to be put on the language of the award, and any custom to pay in acordancc with such a construction was inconsistent with the provision of the award ; but as the cases had been brought to have the question settled.. it did not impose any penalty. The respondents must pay the costs of the proceedings, £5 ss, with disbursements and witnesses' expenses, to be fixed by the Clerk of Awards in equal shares.

Inspector of Awards v. Luke Mounter. The respondent- was engaged by R and X Tingey and Co., Ltd., as a sign-writer and glass-embosser lor two years from 27th of May, 1907, ana he had been working for the Company 6ince that date. In June, 1907, the Court made an award in connection with the painting trade including a provision which embodied an agreement made by tne parties, giving preference to Unionists, and providing that all journeymen at present working for any employer and who are not members" of the Workers' Union, shall become members within two weeks from the time of this award coming into operation. The respondent had refused to join the Union and the proceedings were brought to enforce Ihe provisions of the award. The Court held that the respondent' had committed a breach by refusing, to join the Union, blit it did not impose any penally at present. If the respondent, within 14 days from the date of the judgment (Bth April), did all ,that was necessary on his part to become a. member of the Union a breach would be recorded. If he failed to do so, Ihe Court would consider what penalty should be imposed, and the furjther consideration of the case was adjourned to the next regular meeting of the Court in Wellington. The respondent was ordered to pay the Inspector's disbursements for fees of the Court.

Inspector of Awards v. Arthur Cattanach. This case w,as similar to the last, and the Court made an order in like terms. Wellington. Amalgamated Society of Painters and, .Decorators Industrial Union of Workers v. Standidge and Co. In this case the respondents were alleged to have commtited a breach of award by paying less than the award rate of wages. The Court "held that a breach had been committed, and imposed a penalty of £5 to be paid to the Union, and allowed the Union £3 3s for costs, with disbursements A»d witnesses.* expenses to be fixed by the Clerk of Awardjs. y

MASTERTON, April 9. At a sitting of the Arbitration Court held to-day, Charles Madden applied for an order against A. Kirk, a butcher, at Kopuaranga, on account of a disablement sustained by- "the plaintiff while in ' the defendant's employ. An N order was made for payment . of '£1 per week from the date of the accident, January 2nd, to the present time, and if in a lump sum not to be accepted until incapacity ceases, or a further award is made.

For . breaches •of awards the following fines were inflicted: — P. Hamill, tailor, <£3. H. Fisher and Son £2, and A. Glen, employee of Fisher, 10s. J. Donaldson, £5 for breach of the bakers' award. A. C. Bickness, ouilder, .£lO. W. C. Sayer, £3. . Three employees, C. Maxton, W. Thompson-, and W. Bart, 10a each and costs *br accepting less than the award rate of wage*.- •

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