MARINER'S HOLIDAYS.

Dominion, Volume 5, Issue 1479, 29 June 1912, Page 11

MARINER'S HOLIDAYS.

DISPUTE OVER PAY, OUiIK UDJJinJION CiSES. ' Ail allcgt-il breach of tlso Wellincton 'Merchant Service Guild bWfl.nl • occupied the attention of tho Court of Arbitration yesterday, when Denis Curraody, luspee,tor of Awards, claimed <610 penalty from Johnston awl- Co., ngntts • for ,tho steamer Ripple.: Xlr. Justice Sim presided, and ■ ; >it!ing..,with him wore Messrs. VVm. Scott ' representative) and J. A. 'll'Cullqugh (employees' representative). K'.lt. was'set-'out-that Johnston and Co. •had employed Ernest Tarhaina as second mate; of tho Hippie from November 8, lstlJ, 'lUitil Juno 11, 1912, and on discharging Itim (for a cause other thanjr.iseanduet)" had failed to pay hiiu in lieu of holidays, in proportion to his service. - . Mi'. 11. IT. Ostler, who appeared for Hio Inspector, of Awards," said that tho case .dih'.jjcd-.s.oH' clauso. D of : the award, which reau.as follows:— -, .. .. .Officer.;, aiior' 125' months' oontiau'i?us'£gr,vico,, shall be -.entitled to 14 ■ idpys'-jholiday-.'annually' on full sea . ./])ay.:.;;;lf ;'an officer .is discharged for .. -JiiiV: eauso,other than misconduct, he fishair recoiyo payment in lien of the .v holiday in- prajiorlion to tho time of ■iEtryicis-li-ore his last holiday or from ...slhajdatci,oyris engagement* i • in'-this instance, 1 continued !??.V. n ,^.UVW s,: for a cause other ..iliaih : '-'iniscoHtHKt.':-*";T]ie: ; question for the Court, was who!her. ho . was entitled, to a^-Jjl-opoi-u'tjii-ifo■ amount, of holiday pay -aitnough he.had not served a full you-i. 'Wilr; Weston,''who appeared 1 • for jiTohnstonand: Co., maintained that by i.llte? first;- clause of the section,- twelve ;. monthscontinuous service wai a condition to ; a holiday. After 12 an? officer was entitled j.to." the; ioujteendays* holiday and provi- : fiion;..w'<is ! niade,' by Sub-Section b. for a jmanVtoVaecunmlate' his - holiday ■ over ■ a ipei'iodj. of years";'.'' Sub-Section c was a v c .W°l' ar y of Sub-Section b, providing for ; payment;.in' hen of. the lioiitiay, which he ilMd.acquired/under.-Sub-Section a. ... .- decision,--, .. A REACH TIE DOWN" SUIT, . . Y IT BE ALTERED? : ;:; ;A; ready-made, suit, colloquially known :> <ls ".;V .''reach-me-down" or what is do-. ..scribed by* the Americans as a "ready io .wear, 'was a subject of discussion in an. .appeal., ease before the. Court of Arbitral .('on; yesterday.' The parties were Miller ; ; and. Giorgi, clothiers, Palmerston North, Jappollants, and tho Inspector, of Awards, I'nJ merston A'orth, •' respondent. Weston appeared for the api* ■'pellants," and Mr. .11.-H; Ostler, of (h-a ~Crown Law..Office,' appeared for the In.speetor of Awards,-!-' -

suit appeared that Miller and fiiorgi had J'fcu convicted by.Mr; A. Thomson, S.M., for;-a 1 .--breach of the Wellington tailors award, of-1906,. in thai" they fold to a cus- " tomeiv: as ready-made. suit, and- sent the .trousers-thereof to.a tailor, in order that somo'i-alterations ■ might be made. The prosecution had been brought under Sec- 1 - tionV.7. of the award relating-to "fit on." .. Stiller and Giorgi appealed, on the ground ,that( tho decision of the magistrate was erroneous hv point of law. . . .. . "V: 'After hearing, argument,. the Court ro-' ;serycd : ;d(ieision.■ ~■* MERCHANT.. SERVICE. GUILD rr.\NED T(X AGREEMENT. S- Tlie award- ; of the Court of Arbitration . : :- in the Merchant Service Guild dispute has been filed. ' Some time ago the guild met ■ * the employers through, a Council of C-on-'l-S ciliation, and agreed . upon tho rates of pay., and hours of work for masters and ■■ ■'. : officers of larger vessels engaged in tho coastal and intercolonial traded • Tho commendations' of tho Conciliation Coni-3";; 'missioner have already been ■ published.' ■; At ,tho sitting of tho Court of Arbitral tionfon Monday, tho guild reopened IthoK question of hours of officers, and their 1 preventative (Captain Watson) declnrcdvS that the construction put upon some of};'?-' the.clauses was not what ; the guild. understood. lii regard to s tho week ■- of/v; fifty-sis hours, it was asked that tho';':':." .work bo split up into periods of cighfc.fi .hours per day. The Court has'declined -..' ...to-.make this alteration. ...... In -a' memorandum attached- to ' the award, Mr. Justice Sim said: The par- . ties in this case agreed 011 a settlement of?H the'.dispute, and the terms" agreed;, on .were embodied in the recommendation'.o?g;: the Council of Conciliation. " Tho - uniqn&'s (guild) after making this agreement;;-,: through its duly authorised agent, \nt*',£ tempted to repudiate it, and Court to. alter; tho terms of the agreed mcnt, ?n as to inako the hours cf work; eight par day, instead o? Mper week., '■>, That, of ooutse, the guild cannot be al-S : "V lowed to do, and the award embodies thesJ recommendation of the Council, with gomoVf'additions afterwards, agreed, on by .the';'/* parties. ■ Huddart, Parker and Co/,' Ltd.,' has been retained ns a party to • the award, but it seems clear that, the.;?; company will not be bound by tho award,''a;/ so. far as it relates to round voyages-.■■ .which l;("T;ii and end in Australian ports.".. The. question whether, as to any other" voyages in New Zealand waters, the comnany will be" bound, can be left to ba do- • i'ormined when tlio case arises. • .A'' memorandum attaehwl to the _ award ■ re (masters expresses the snmo view as to how far the Wuddart-Parker Company J .. will - be bound by the award. ; J ■