ARBITRATION COURT.

Dominion, Volume 6, Issue 1821, 6 August 1913, Page 5

ARBITRATION COURT.

NOVEL POINT RAISED.

TUBERCULOSIS AFTER INJURY. Echoes of tho old Slaughtermen's Union were heard at the Arbitration Court yesterday, eorno fairly vigorous dialogue marking the proceedings. TII3 sittings of the Court also disclosed some otner- interesting features. Mr. Justice Sim prosided, and sitting with him as assessors vera Mr. Wm. iicott .(employers' representative) and Mr. J. A. M'Cullough (employees' representative). Adjournments until next sittings were- ordered in the eases of tho Public Trustee' v. Denton, and Owens v. tho Shaw, Snvill and Albion Company. . A point that had never previously .boon raised in a New Zealand Court came up in a compensation aotiou in which William Joseph Hunter was plaintiff and the Huddart, Parker Proprietary Company, Ltd., wore defendants. Mr. P. J. O'ltcgan appeared for Hunter, .while Mr. A. W. Blair appeared for- the'company. Mr. O'Btgan, in opening tho case, mentioned that not only had the paint involved never previously como up for decision in New Zealand, but'it : vas only recently that a like casa had arisen'in England. Hunter, the plaintiff, was a wharf labourer. While engaged in discharging caTgo from tho steamer Ulimaroa at Wellington on 'April 17;, 1912, ho' was struck by a sling of timber, and thrown against a mooring post.'- He'sustained a number of contusions, particularly on tho left hand. The injuries to 'the hand Had developed, and there was now' a wasting of the thumb muscle's. Total incapacity ' had resulted from tho injury, and compensation at the rat'eof £1. lis. 2d. per week had been paid until March 27 last. Tho Huddart, Parker Company kid then ceased payment on tho ground that Hunter's total incapacity was not now due to tho injury, but to tuborculosis of the lungs. It wi)s common ground that tho man had developed tuberculosis, but the medical evidence would show that tlie left hand was still disabled and counsel would agree that, as a matter of law, Hunter .was entitled to compensation. Lengthy medical evidence was called on both sides, cin'd argument followed. 11l the course of argument, Mr. Blair contended that tho present case was distinguishable from the case that had occurred in England. The Court reserved decision. '

OTIRA TUNNEL CASE. AND COMPENSATION OF ,£SOO. lii. the matter, of tho Workers 1 Compensation. Act, 1908, and itj amendments, and in the matter oi' Andrew Charles Birss, deceased, a petition of right was before the Court. Andrew Charles Birss died on April 10, 1913, while being conveyed to the hospital at Kumara. llis death was tho. result of injuries sustained by an accident arising out of his employment as a labourer in the Otira Tunnel, at Boaley Flat. His average earnings were ,£3 lis. per week. Tho tunnel works were being carried out by the Government at the time of the accident, and deceased's widow petitioned that right be done iu tho matter.. The estate of deceased amounted to .£23 only. Mr. P. J. O'Eegan appeared in support of the petition, while Mr. H. H. Ostler, of the Crown Law Office, represented the Crown. Judgment' by consent was entered for .£SOO, with funeral expenses .£l7 10s., and costs 3 guineas. The amount of compensation is to be paid to the Public Trustee. ECHO OF OLD STRIKE. THE KILLERS-OLD ORDER & NEW. When the dispute between the New Zealand Slaughtermen's Federation and the employers was called in the Court of Arbitration yesterday, Jlr. M. J. Eeardon appeared lor ..tho union,,.„wjnle -Mr.. AV. Pryor nppearpd who had been cited. Tlie '>' demands' of the union, as filed, were for 30s. per 100 for sheep and lanilM, and 2s. (id. ppr head for cattle. Tho employers opposed an award. ■ . . Eeardon said'.that; since I '.the'fiiing of tho claims tho position had been somewhat altered, because since the decision in tho Ngahauranga case the Registrar had seen fit to register a number of now unions, and agreements had been filed covering some of the sheds in tho. Wellington. iiidustriiilv;. district. ' ' The •' [old unions were now' practically forced to accept these bogus agreements, which had beon registered. • •• • Mr. Pryor objected to the uso, of the term "bogus agreements.'' ■ Mr. Reardon: When 'the Ngahauranga agreement was signed, tho members of tho new- union were: rtcceptihg.' ; 15" piecus of 'silver/. They! were > not .earning it.! If they had beta ; .workihg ,'oh piece rates they would not have earned enough to pay for their lood. If an agreement made with men of that kind is not bogus.' I ■don't know what it is. In conclusion, Mr. Reardon said that, as the conditions had been laid down by "adventurers and others," he_ did not propose to call any evidence.- He would ask that the agreement made with the new unions be made an award with the exception of tho prelerence clause. Mr. Pryor pointed out that Mr. Reardon had very conveniently ignored the reason lor the formation of theso unions. Members of tho old unions went on strike, and, in order that the industry might bo carried on, the companies had to make arrangements with outside workers. Tho old unions refused to work, and an endeavour was made to prevent others from working. - Members of the new union, came to tho aid of tho companies and stood by them in their hour of trouble. He would not say whether they were accepting "15 pieces of silver" or not, but ho would say that at tho end of the season the work was don© a great deal better than it had ever been dono before. These men, having made themselves competent, had to be protected. Ho submitted that the companies and tho Court also . could recognise 110 other unions now. Some of the members of tho old union were in employment now, but they had joined the new unions, and it was as members of the new unions that the companies knew theniT Members of Mr. Reardon's unions were not workers in tho industry at the end of last season, and, if they were granted an award, it would mean that any, fifteen men might ask 'for an award in any industry whether they were .employed in that industry or not. , Evidence on behalf of the employers was given by F. D. Sladden, secretary of the .Wellington Meat Export Company, W. H. 11. Tripe, secretary of the Gear Moat Company, and H. G. Warren, secretary of Nelson Bros. . Replying to Mr. Pryor's statements, Mr. Reardon remarked he himsolf was contending for the right that 110 fifteen men outside an industry should fco allowed to obtain nn award governing tho conditions of the men in the trade. Tho men in his union , wore slaughtermen by trade, but members of the new unions would not continue to follow tho calling. Ono man, employed by the Gear Company, owned a string of racehorses. Was it likely that he would bo a slaughterman next year? • The Court reserved decision. LABOURERS' PAY. THE. INCREASES ASKED FOE. In the general labourers' dispute, Mr. M.' J. ' Reardon appeared for the union, while Mr. AV. A. W: Grcnfcll conducted the case for the employers. The demands of the union were for a week of H hours, with tho stipulation that "six hours shall constitute a day's work, when workers aro working in wet places, or in foul air, and' 1 shall be paid for as if the workers had' worked eight hours." Rates of pay asked, for were: Tunnel-men and timbermen! 12s. per shift; all other workers employed underground, 12s. per shift; men ongaged in sinking shafts, 12s. per shift,- pipe-layers, Is. Cd. per hour;caulkers, powder-men, hammer and drill men, jumper-men) labourers engaged in drainage, cewerage, and all other classes of labouring work not herein specified, Is. 3d. per hour. Mr. EeaTdon asked to have the City Council and the Pctone Borough Council struck off tho list of parties, as the union was about.to complete an agreement with each of theso bodies. Tils Court decided that the list should bo amended by striking out the names. On Mr. Grenfell's application, builders and plumbers wero struck out of ths list.' i Mr. Reardon, in opening, remarked that,

| the increase in wages was justified by the increases in other trades and in other parts of the country. The Petone Borough Council was now paying Is. 4d. an hour for labour for the winter months, and an agreement was about to be completed for Is. 3d. for the whole year rouad. In Wellington an agreement was to be completed for Is. lid., for permanent hands, and Is. 2kl. for casuals. Permanent hands also received full pay for holidays, and those on drainage and street-sweeping work would receive nine days in addition. ill*. Grenfell, while opposing any increase in wages, was Hilling to conccde a week of 47 hours. Th is was now generally worked. .lie referred to some, of th-c increases, that had been mentioned, as "political"" increases. They would not, ho said, have been, made if private persons had had to pay the money out of their own pocket. The Court 'reserved decision. TO-DAY'S BUSINESS'. This morning, the-Court will hear tho hotel workers' dispute. This will, be followed by an action of alleged breach of award (Bolland v. the Wellington Woollen Company), and an application for interpretation (bakers' award).