COURT OF ARBITRATION.

Dominion, Volume 5, Issue 1310, 13 December 1911, Page 5

COURT OF ARBITRATION.

FURNITURE TRADE. At the request of the Furniture Trade Workers' Union, an award has been filed by the Court of Arbitration in accordance with the recommendations of the Conciliation Council, with certain minor alterations. Applications for exemption were made ou behalf of certain employers, and the Court has ruled that the machinists, pic-ture-framers, and furniture-packers shall be excluded from the scope of the award. Employers, who carry on business as builders and contractors solely shall be excluded from the operation of tho preference clause. Tho. following clause has been struck out, as there is no jurisdiction for inserting it in an award:—"No man or apprentice shall make or assist in the production of goods for sale on his own account, or for any. employer while in full time employment by another employer." The Court, however, recommends* the parties to give effect to the clause as far as possible. TIXPLATE WORKERS. The award of the Court of Arbitration has been filed in tho Wellington tiuplato and sheet-metal workers' dispute. The only matters in dispute when the case was before the Court were wages, classification of workers, and preference. The minimum wage of journeymen lias been fixed at Is. 4d. an hour, but provision is made for tho employment of improvers and undcr-rnte workers. Preference to unionists is also provided for.

OVER A PICKET FENCE. The Court of Arbitration, -consisting of .Mr. Justice Sim, president, Mr. J. A. M'Cullough, workers'- representative, and Mr. It. ij'cotl, employers' representative, has delivered decision in the cast of Inspector of Awards v. the Mayor and councillors of Miramar, which was intended to determine whether the erection of picket fences is carpenters' and joiners' work. Recently an employee of the Miramar Borough Council was instructed to erect picket fences round some shrubs planted on one of the roads of the borough, and he did the work satisfactorily enough. The Inspector of Awards sought the opinion of the Court as b whether this was a breach of the carpenters' award, in that the council employee was not a member of the union and was not paid the award rate of wages. The Inspector of Awards, Mr. R. A. Holland, appeared in person, and Mr. V. Meredith for the Miramar Borough Council. Evidence was given by carpenters to the. effect that ordinary picket fence work was generally done by carpenters, and they stated, in effect, that the mere fact'that carpenter's tools were iijaed' constituted the work carpenters' work. On behalf of the council evidence was tendered that the fence was a very rough one; no posts or battens were planed on pointed. Most of the care required for the work-would bo in putting in tho posts. ' After Messrs. M'C'ullough and Scott had inspected the work in question the Court ruled that, a breach of the award had been committed. As the case was brought: as a test, no penalty was impeded, but the defendant was'ordered to pay witnesses' expenses. COMPENSATION CASE. Judgment was also delivered in the compensation ca<e of Joseph William Jacob v the Marine Institute of Australasia. Jacob claimed compensation by way of weekly payments of £i, or by way of a lump sum of .£239, on account of his having, it was alleged, sustained inguinal hernia as the result of a strain, which accident compelled him to take in the ordinary course of his employment as custodian for the respondents. The ease was really defended bv the insurance company holding respondents' accident risk. Mr. Oswald Boere appeared for the claimant, and Mr. A. W. Blair for tho defendant. Tho Court reviewed the medical evidence that had been tendered, and decided that the plaintiff had not discharged the onus of proof, that rested with him, of showing that he sustained the injury at the time alleged. Judgment was accordingly given for tho defendants with .£5 ss. costs, and witnesses' expenses and disbursements.