ARBITRATION COURT.

Dominion, Volume 4, Issue 1069, 7 March 1911, Page 2

ARBITRATION COURT.

SITTINGS OPENED. THE DRIVERS' SATURDAY. MR. SCOTT ABSENT. Tho Arbitration Court opened its Wellington sittings yesterday morning. Mr. Justice Sim presided, and had with him on the bench Mr. J. A. M'Cullough (workers' representative), but the employers' representative, Mr. W. Scott, was not present, having not yet arrived in town. The- president said he understood that Mr. Scott was expected in Wellington this (Tuesday) morning, but he had not leccived any official advice. DISPUTES TO-DAY. Owing to the absence of Mr. Scott, the hearing of the industrial disputes was postponed. The shearers' dispute was sot down for 10 a.m. to-day. Mr. W. Pryor intimated that the employers would only call one witness, and Mr. M. Laracy said the union did not intend to submit any evidence. • The Wellington Wool and Grain Store Employees' dispute will follow the shearers' dispute. Next on tho list was placed' the Cooks' and Waiters' dispute. SADDLERS' DISPUTE. . In regard to the Wellington Saddlers' i disputo ,it was stated that a settlement had been arrived at on all points except i tho compilation of a piecework log. The i parties desired tho Court to make an • award, and the new log could be added ' when agreed upon. The existing log, based upon Is. an hour, would remain in force for three months. It had been agreed that the new log. should be on tho basis of Is. Id. an' hour, but the settlement of tho details would be a complicated tech- ' nical matter. His Honour said it would be more satisfactory if the ,parties could agree upon the new log and have it embodied in tho award forthwith. Mr. Blanchard, who appeared for tho employers, and Mr. Babe for the workers, agreed to endeavour to submit the log to tho Court at Wanganui on March 24. The caso was adjourned until that date. It may be mentioned that the ogrce- ! ment is on tho lines of those in force in ( other districts, but Wellington is tho • only district where piecework in the saddlery trade obtains. . COMPENSATION CASES. In tho Foxton- compensatir/a case, Adeline Hermausen (nee Carroll) v. Ross and Son, Ltd., Mr. O'Regan, for tho plaintiff, said that she suffered the loss of her left arm, and was awarded os. per week in April, 1908. She was maimed . in October, 1910, and tho indemnifiers , then discontinued payment on tho ground that marriage abated their 'liability. ; Plaintiff's present application was to have the' award commuted to a lump sum. .- Tho application was made under tho • Act of 1900, under which tho case arose, and it was practically by mutual consent. Ho would argue that the appli- , cant had not forfeited her claim under tho Act by getting married. Tho Court '• decided to hear argument at a later date. Mr. P. Levi appeared for defendant. Mr. O'Regan, for tho plaintiff, in Knapper v. Tannin Coalmines, Ltd., an Auckland compensation caso, stated (hat it had been settled out of Court,' the company having paid tho full amount . claimed. The compensation ease of Lidiard v. Iralale. was" set down for hearing at New Plymouth on March 28. Plaintiff (who - is represented by Mr. O'Regan) was - -master of the steamer Pitoitoi, and alleles ', that he has become totally blind as the ■ result of an accident. ..' The compensation case, Bartlett v. Peter Hu'tson and Co., was set down to follow tho industrial disputes to-day, Mr. ; A. A. S. Monteath, for defendants, ob- . ..jeeting tb'iiavb-ft'heard while the"Co'urt was not fully constituted. Mr. A. H. Hindmnrsh appeared for. the plaintiff. ■ '"■ '"'' DRIVERS' AWARD. " • The Wellington Drivers' Union applied .for an interpretation of certain provisions of the Wellington Drivers' Award.- Mr. E. J. Fitzgibbon appeared for the union, and Mr. W. A. Grenfell for tho employers. - Tho president said it was not usual to hear arguments in Court on this class of case, .but .the parties could be heard if they ' wished. .-. Mr. Fitzgibbon then began ope-jing the case, but Mr. Grenfell, interrunting, said he'would much nrefcr to have the matter heard when Mr. Scott was also on tho Bench. ,:H's Honour: Tho.position is, Mr. Grenfell, that if you have anything to sav, you must say it now. Mr. Fitzgibbon, proceeding said tho award provid £ d that each employer should regulate the hours of labour to suit_lus particular business, but fixed a maximum of 47} in one week. Most of the employers arranged the hours so that tho employees worked 81 hours on five days and ,-iivo hours on Saturday. The difficulty arose when a holiday occurred (luring the week, ■ as certain employers then required their drivers to work tho full dny.-'.of 8!- hours on Saturday, without paying overtime for the half-day. Ihe effect of this, counsel submitted, was that tho men virtually received onlv a half-day instead of tho whole holfday prescribed, and this view had been taken in 1902 by Mr. Justice Cooper, who was then President of the Court. Since that date tho matter had been complicated by certain provisions of the Shops anil Offices Act, and it was with a view to a solution of the difficulty that tho caso was brought. The award, as a special provision- for a special class of assistants, should, counsel submitted, override tho Act, which applied to assistants in general. ■ ' Mr Grenfell said the point as to Saturday overtime had . never been raised before by the union, and he thought it would not now have been raised but for the fact that one employer had seen fit ■to pay overtime on a Saturday afternoon. Tho Shops and Offices Act provided for the giving of a half-holiday in every week, but also provided (Section 19) that when a whole holiday occurred in the week, the half-holiday need not be given. The claim of the union amounted to asking that tho employers should give the half-holiday, but should not get the corresponding concession. Mr. Fitzgibbon said he was informed that .individual members of ,the union had at different times claimed the overtime pay for Saturday afternoons, and their employers had granted 'it. His Honour said the Court would tako time to consider its decision. The firm of Tpnks and Andrews was added to the Drivers' Award, on tho application of Mr. Grenfell. The Court will resume, at 10 a.m. today, in the Si'preme Court Building.