ARBITRATION COURT.

Dominion, Volume 7, Issue 2005, 12 March 1914, Page 3

ARBITRATION COURT.

FURNITURE TRADE

THE QUOTA OF APPRENTICES,

The Arbitration Court concluded, its sessions in Wellington yesterday. His Mciwiir Mr. Justice Stringer presided, and associated with him as assessors were Mr. W. Scott (employers), and Mr. J. A. M'C'ullough (employees). Reserved judgment was givW on an appeal from a decision by Mr. J. is. Evans, K.M., who had dismissed a charge of breach of tho Furniture Award against the Scoulhtr Co., Ltd. This charge was that tho firm had cmployed a greater number of apprentices than was .permissible under- tho award. The appeal against this decision was lodged by tho Wellington United Furniture Onion, and tho Sconllftr Co., Ltd. were respondents to the action. Mr, I s , Levi appeared for ' tlie' Furniture Union, and Mr. T. S. Weston for Seoullax and Co., Ltd. The Magistrate had held that at the time tlio company really 'had four journeymen in their employment, inasmuch, as the branch included the departments of mattress* making and carpet-laying. Tlie ]?umvture- Union held that the finding was erroneous in law, and that tho Magistrate had.wrongly decided that tho company (in calculating the nupibcr of apprentices which it was entitled to employ in the upholstering brand) could lump together all journeymen in tlie dif* ferent departments of the uphols-

tering branch. His Honour, giving decision on this appeal, stated that the governing provision in regard to the number of apprentices who might be lawfully employed was contained in Clause.oa of tlio award. It read as follows;—" The propoftion of apprentices to janrneymen shall riot exceed one- to every three journeymen or fraction pf any three, employed ill tho branch of the trad* to which such apprentice is, nppreuticed." It was clear, continued His Honour, that, if this obtuse stssot? alone, Mo breach of the provision had been committed by the respondent company, inasmuch as four journeymen were employed in tils upholstering brantli _in which the two apprentices in question were engaged. It had been contended, however, that, by reason of snb-olauso (b) of clause 5 of the award, tho respondent company was ,n.ot ehfcjtlntl to count all tho jauriiayffieu employed in tlie different departments jof tho upholstering branch, but must _ count only the journeymen employed in the 'branch generally', and must exclude those who Were employed only in separate departments of the brawch. The Court, ■however, could not give the sub-clause the moaning contended for. and in its opinion it was to lie read merely as supplemental to clause (a). 'Hie* appeal was dismissed with'costs £5 ss. . \

INJURED. DRIVER'S, CLAIM, ' Reserved judgment was also given in a compensation claim in which Jeremiah O'Connor, driver, of Wellington, was plaintiff, and J. O'Brien and Co., carriers, of Wellington, defendants. At the hearing Mr. E, J. J\it?gibhon had appeared for plaintiff, a-ad Mi'. A. W. Blair for defendant company. ■ Plaintiff was a, driver in the employment of the defendants, and itw,as admitted 'that, on April'a, 1913, he met With an atuident arising qiit of Iris em* ploymciit, and to his nose and-.to a r*ortiou.'!bf''fhe'Jid of lijs left- eye. "The first question nvliieii ft-rose,"'stated His Honour, "was fls to When the for work ceased. The. medical testimony as to when plaintiff: was. able to fesi'fino his ordinary work was somewhat conflicting, but, on the whole, the Court thought that the evidence of Br. Cahill, riio. attended the plaintiff throughout his illness, ought to bo accepted, Tho €mirt therefore, held'that plaintiff's incapacity had coiitinired from the date of the acc-idoiii till September 2, and that he was entitled to half pay during that period. Plaintiff was also entitled to £1 medical espouses,, making, in all, a sum of £23 16s, The further question which arose was as to whether plaintiff was still Buttering from any partial incapacity, as a result of the accident. The plaintiff claimed judgment for- a nominal _ sum per week in ©rdw id preserve his rights Ghould further incapacity supervene. In accordance with another decision {Deeming v. Jfetftnarket Corporation) the Court considered that;' plaintiff was entitled to a- suspensory award as claimed by him. Judgment' was accordingly given for tho sunt of £23 Ids. as before-mentioned, and, also for compensation at the rato of fine penny per week, from September 2, 1913, until the payment was ended or increased in accordance with, tlio-provisions of the Act. Hi* Honour added tlmt-fts it was made clear that the condition of tho plaintiff's eyelid oonld be remedied by a comparatively simple Operation, the Court thought- that he sncmkl take steps to have such operation ncrformed without delay. Cos*s (iS 55,), with witnesses expenses' and dis.bursemente, were allowed.

COACsaWOREERS' MSPtJTE. The coaehworkers' dispute, in which the u.nioft sought a fresh award arid which had been"postponed from last Friday, came before tho Ccittft. Mr. W-. C. Noot, tho union's representative,' stated that an agreement _ had boon arrivMl. at before the Conciliation ■Council. Since 'then, however, a meeting had heeu held by. the union., and, at this meeting, it had been decided.to disapprove of tho rofioinmendatjons made. The anion now desired that lead-

ing hands should ha paid is. per day above the minimum nvto agreed upon for journeymen. They also desired a'weoli . of 44 hours }» plaeo of -IB hours as:dctermmed on, and payment for overtime at,tho laic- of tinio and a quarter for the first two hours in place of time- and a "quarter for tho first thrco hours. It was further asked that the jEoHojvinß rates be paid tc. helpers:—ls _to 16 tears,: 10s',. per week; 16 to 17 years, '155.;'17 to 18 Tears, 17s. 6d.; 18 to 19 tears, £1; 13 to SO" years, £1 55.; 20 to 21 years, £110s.; over 21 years, Is. IJd. per hour. What the union was applying for was in effect the Canterbury award, oscoptiiig the provision, relating to hours. Mr, Greniell, on behalf of the cm-, ploycrs, said they were prepared to' accept the Conciliation Council's rceemmendatious, hut took strong objection to a portion of. the preference clause' giving the union.the right to prosecute' workers who refused to join the union for a breach of award. Mr. Grciyfell sub-; tnittod that the quarrel was oil© between the um'on aivd the workers, and the cm-; ployers should not bo asked to ■ place; a weapon in tho hands of the llition with which it could eocrco tho men iiito join-; Sng tho union. The- employers were prepared to accept the clause itt tho Hominiott awards)),that was tho fullest <sstent to whioh any preference -should bo given. Tile employers, moreover, insisted on a 48-hour week as at present. They had voluntarily agreed to increase the wages. froth Is 3d. to Is. 4Jth per hour, or at the rote of Is, per day cstrfl. Ml".' Noot replied that the union had also rejectee! the pTeferone<> ctaise which had been siibtnittod at tho Conciliation Council. They preferred the Court's preference clause. It was also agreed by tho uiiioir that tho mctuliers of tile Carpenters' ..Joiners' and Engineers' Unions, should bo exempted on the- condition that they belonged to these unions while working for the City Co.micil in the ear*sheds at Newtown, i ~ Decision wag icservetL

JEWELLERS AGB.EE. Sir. Kennedy, appearing on behalf of the Jewellers' Union) intimated to tho Court that a tmahimous agreement in their dispute had been arrived at before the Conciliation Council, a»d the mon were prepared to accept its recommendations astlie hasis of art Award. Mr. L Partridge signified his approval on Irebsi.lf of the. employers. His Honour: 'flic Court will prepare an award in accordance with the n-coni-nxyulations. TALLY OLiiii' UNION. The tally clerks' dispute.was brought before the notice of the. Court yesterday by Mr. 11. A. Simpson,' who appearod'for the ■Wellington Ships Casual Tally Clerks' Union. Mr. Simpson inquired whether, hi the event'of an 'Agreement being arrived at in'the dispute before tho. Conciliation C-aunei?, the Court i would grant permission to have the ease mentioned at cither its Auckland or Napier sittings. This request was acceded- to. Tlie Court then adjd'jtrn.ed..