ARBITRATION COURT

Dominion, Volume 3, Issue 657, 6 November 1909, Page 13

ARBITRATION COURT

f -YESTERDAY'S PROCEEDINGS. t 80MB CASES OF-INTEKEST. -.".''..-.ThorArlntratlouvCoart-sittingsi.wera rosumcd yesterday morning, before Mr. Justice Sun and • Scott(employers'; representative) antl X' , A; & U'Cullougli'''(vorketß''"tepre«ntattve): . 1 Railway Accident. > Regarding tho caso of the widow of Alexander ■;■■ AlUin. farmor, of Upper Hutt,-whp.vas killod ■' on-January 17; 1900, on the railway lino, In which an l nward was made in favour of tho widow and children, :the sunt of JC37B 15a. lid. was paid into'ithe hands of the Public Trustee. | Mi. Stout, who appeared for. tho < guardians; | of i the. minors,< askca ■ that an award ho made i :' in!, favour of tho daughter, Graco.: 1 , ■■■ • , | : Jlr. Ji W. Macdonald, representing tho I Public Trustee, did liot'opposo the application, - and ihe Court made, an order for payment of i the costs .of'.the /application to bo do-1 .duot?d.;. An order was also made for tho pay'm6nt of JJIII 18s. 3d. to- tho widow, who had I allowed: tho monfcy to remain in tho hands of. tho .Public Trustee. • • s • Bricklayers' Wages. '■ Tln> Bricklayers' '.Industrial Union of Workers : Applied fori a liiw' awardi With tho . exception /.'i of ranges and proferonco,: all matters in dispute "had .been -settled' b* conference, and itiwas to.v. decide .•.these. 1 - two/Uoints ,that the application was made. /» 1 , 'Mr.- Pryor.' appeared-for the and : -.. Mr.vßehson- represented tho union. •A notnbined weekly and hourly wage is pro- ■' 1 the provisions of tho old award, out . . the employers now asked for'an hourly, wago at tie ; same-rate as previously, viz., Is. 7d. : per hour. Tho employers asked (with icyard 1 to.;pleferenco) .that they should -, be rehevod from I tho employ/nent-book provision, and that - .the employer should have power to chooso from ■ aponir the applicants, giving preference to a >;■ unionist , when- he -was considered to be it as . cofnpotent as a non-union applicant. , . ■ErniSst Edward -Sawyer,. employed by Jas. : IKevoir as u a -bricklayer, said that, during tho v twelve weeks,;;he had drawn an average, of £.1 17s: l -ld, per i week./ He was a married man,■ "aiid itiwas only through his wife earning a few shillings weekly as a 1 music teaoher that he was •, able to keep -tne home, going. ■ • ... ;! : : 'George ' Cookson, . journeyman -'.bricklayer,' stated.that he had; while employed with Mr. Trevor. John Smith, journeyman bricklayer; stated thit he had beor. in' Wellington for seven and a-"half years. Tho average wage during- 1 tho / ; past year had/been .£2 ss. or £2 6s.;>His earn- . - jiigs wore less now than they had been three years ago. This was accounted for by slack--1 n6ss of trade, -.and- by tho amount of concrete being used. . ;jLewis; Thompson,' builder and contractor, and president of the Builders' Association. said'i that. ho did not -put on more - men' than was necessary for a job. He .was 1 iof vopiliion that it had been - agreed that tho :.. wagrs ishould bo Is. 7d. per hour. . ■■ . -'Samuel George-Jonos,: bricklayer, .said ho had be6n' in Now Zealand fourteen months; and caino'fraM England. During that timo ho only earaed 365; - per. week. ;,_He was .a .. married, man,-and had thirtcon-.ohildren. .. Decision was reserved. : I ■< ■ Building Trad«: v Unlform Conditions, , 1 "■•!.'-Mr. Pryor, oh" .behalf .of the ■- Wellington - Biiilderii' and' Contractors''[lndustrial Union - of. employers, applied;for an order declaring the. .;■• following industries (all-branches of the., buildjng trade) to bo related to, one another:—Car-: ; -.- penteririg; and joinery, bricklaying, stons ■ ma-' sdary.'-'Minlingi' ■decorating.-and■.-plaMllg, , :plafr'- ■. ■■ ■■ toring, plumbmg, electrical fitting, . building : trades labouring, and builders' carting., v Mf.'StiOU"considered that the .change might be t effected.-without the; interference of tho Court. I' ' ' • ' 1 v- rMr. iPryor replied that-what was now-'asked .. ir -nofeia question'of wages,- but something: ix' which-nilated- to -hours, -overtime,<-apprentices, '. suburban and country nwork,- whioh> should' all bo> uniform.--.4 Several 'employers were *working tinder soren or eight awards . - -His Hijnour-iremarked l , that it would have, boen ■better'; if - the .employers, had taken .a: :'• little mora interest- in the matter, and■.• had asked, foif. uniformity. - He .was.of opinion that • . there would have been no-difSdulty m . getting it-r The -proper way,- to obtain >the,end now • aimed at was to i 6eo -that ■ tho, general - condi-, : ; :^v y.y' ideal - way, ' but;;it;.haa- proved impracticable ..in . the , . paAt.,...A11. .thav.building.-trade awards would •* ran out.during tlie coming year. The pre- ; ;■ . sent i- to: obtain i one ..uniform > award. . enlbraoingi the building? trades, /when the awards ; ran out. % , r •: ILs -Honourcannot. see.|what good.it will. . do,' or swhal tho .effeot will be. It is not de- • - eirftble to .-make exponmonts mow..' i Tho . application can stand over. . f < 1 i The Tailors' Award. A- case by the iWellington Tailors'- Industrial ■ - 'vUnion tiWorkers- dgainst'-Messw.' Kirkcaldie . add»Stains,. ah appeal 'from the decision of Dr, • ~ in the Lower Court; was then hoard. : . .TSe- case - m .the > Court, below.; was; that lurk-. caldio and Stains had employed two femalo assistants,viogether with-a- man, thereby.' torn- .; mitting aifbreach: of.the clause, of,tho Tailors'. ■ • Award/which -provides that work shalbnot .bo: .;;:done-.under;!the .teams'system. ■Dr. ! 'M'Arthur had dismissed tho case, and this ; wa& the ap. ; : pe4U . After ' heafmg:'legal - argument by Mr, : -:-'.v:'-Hindmarshi'>'repr«genhng''the- appellants, and • Mr."'-Herdman,- for respondents, the Court re-,■ served its judgment, '' Injured on Shipboard. ..Patrick Landy;- marine fireman, claimed; i£6o , . cobpensation .under Section 5 of. the Workers'. CdmponsatiunvAot;.and'such.further relief - as the Court raight bestow, from, the Patea Shipping iCojnpuny. 'Ltd. /The statement of claim set out-that on April 21 <last defendant,;who was; employed on th6-Kapiti,;was injured dur-lng-the'course iof.his-employment' at-Poxton; He was holding a;spannor, which an engineer '. was striking, iu' the engine-room; and ho bus-; : tamed an'iiijui7 to the little hnger< of; his'left, hand, such injury involving tho total loss ot tho fangor. 1 . .Mr, 1 Hindiharsh:appeared for; claimant, and. Mr.''P.. : o'R«gan : for dofendant company.,- ■: . '.Plaintiff-,was?-awarded'JE3 .a; week,,up til) V Saturday.- last, iand'Sea-, ■men's Act; and.il 10s. a ".week .'for tho Bamo ■ ■■< piridd'! undsr • the . Compensation 'Act. For a month; from /Saturdaylost, jBl Is. ; . a -week; was to, bo allowed, the Court considering: that by tliat . timo, -With.: proper attention,- plaiutill - '' will bo cured. Costs.amounting to £3 is. were allowed plaintiff. :: • r . .. ' James Macdonald, seaman,' claimed d&l6 compcnsation from; I'ordinand : Holm and Sydney 'Holm in. respect of'an injury to his ankle on -. June-18, 1808; while loading .timber on, the ■•' barque Eelen Denny: at Dargavillo.Tho defendant; who. is,part ownor and master of. tho \ ' not- appear. , Judgment was .given '. , for amount claimed, and costs ,JE3 3s. and die.'r:!. v.-, : Xiartha Tasker; widow,. claimed/ dESOO . com.' pona^tion'-.from .Mathias• Segrief, .of; Wellingtoil, contractor, in respect to tho death of her • ■■.-;,■■■ huShand, James Tasker, which happened while mi tho employ ;of ./ defendant, coaling . the stdanier Arawa .on September 11 last.. Ho ; foil doivn .thevessel's, hold, sustaining injuries ' - from which ho died 'in a few hours. Claimant S - was' dependent 'solely/;for her. livelihood ' on ;the ' ■ eatiiing 3 - doceased,'V whoso wages" ;-:were'.-1 at • thojrato of is. Od. per hour,-0r.i83 10s. a week. ' Liability was admitted, and'tho'Court made i an order lor tlio payment of XSOO to tho Public ! / Trtisteo, to : bfr..invested by - him, : capital and I; . mepmo to bo applied for. tho .bonefit -of ..the t:v • ' claimant, , Costs, amounting to, £5 ss.} and r ... dlsbursementsji.were allowed. Mr. O'Eegan: appeared for plaintiff/ i * Sunday Overtime for Stewards. ! • Tho-Pcderated, Cooks' : and Stowards' Union I - brought .an appeal ..against-, a recent decision a. -off Dr. M'Arthur; S.M., . tho .Union Steam Ship k . Company .'being joined as • respondents. .. j , Mr.. Hmdmarsh appeared for tho appellant it . onion, and Mi. Loti'for the 'respondent. I: Mr. 'Hmdmarsh ,said that: tho respondent |,v.., , - company were .'tae • owners vof / the ; steamship j; ; , Maitai; two Sundays, June 5 and T . 20,.. had worked ; the roadstead at ' Gisborne, .. leaving, tho same;day. ,On each;of those days, !i: a ; Jmess-room.-,steward,;• ; W;,• A-.-V-Campbell; had ■]t. worked for more than eight hours. -Ho had .■' t<i«n pc.id L 39. ov«rtimo- for'each day, and the j; . /V;. union' t6ok pi'oceeuingß; .against, the company: in j;';-. claiming to recover i) 5 the Feder- , vj •. ttted ,Cooks; /and• Steff£irds , -Award, : in-'thatthe I- / mjmmum overtime- had .bwn paid, instead of s:: ihft : maximum: • l>y" Clause 9of tho i, award. , ; The ;; cofopany /. held that>it was not •) .; . • bound. :to; 'pay :;him • anyrovertimo,. and the ; j i,. Magistrate had decid(Kl that -• t.hia .• contention , . wa« .correct,-,and breach of the award j ha/i-been/Committed; )!' •• / ' i Mr. Levi argued thai Clause 9 of tho award ] : applied only to general i stewards; nnd not •tf :- ;| ■;.... ■ nifiHa-toom .' stewards. <; All through : ' tho ' award ' a j clear distinction was made between the, . • ; tworclftfifiCfi oi-sieifardfl.' ; : : Judgmont. reserved,,;and' the sittings oi ■I. ~the .Court for tha North-Island-concluded.