ARBITRATION COURT

Dominion, Volume 11, Issue 235, 22 June 1918, Page 12

ARBITRATION COURT

ENGINEERS' DISPUTE CLAIM FOR A NEW AWARD

lhe Arbitration Court was engaged yesterday jii hearing the dispute between the Wellbgton Stationary Traction mid Jxwomotive Engine JWvers and tiieir assistants agaiust employers i,, Wellington, llawkes Bay, Poverty Bnv lnlmerston North, and Wanganui di'sLriets, and included practically 'all em ployers of. engine drivers. On the Bench wore His Honour Mr. Justice Stringer (President), and Air. W. Scott (etaplovers representative) and Mr. M. J. # earaon (workers' representative). Jfr. J. Kend appeared for the annli. can Iβ, Mr. AV. Grenfcll appeared for thf greater number of the employers, Mr I {, m'J ar tho Genr eat Company' Mr. T. E. Wallace for the Marino £& eors, niul Mr. W. Pryor for the dairy factories. Tho Court was engaged in dealing with the clauses of the statement- of claim that were not settled before the Conciliation Commissioner. These disuses had reference to overtime, holidays wages, dirt-money, employment of youths' employment of non-unionists, and tie term of the award. After hearing the parties at 6ome length the Court reserved its decision.

ALLEGED BREACH OF AWARD. The Inspector of Awards (Mr. G. H lightfoot) claimed to recover from the' Wellington Gas Company, Ltd., the sum ?« n- 10 'x a P° nalt y for a breach of the Wellington City Gasworks Employees' Award, the said breach being that during tho mouth of April, 1918, did employ It. M'lntyre, A. Peard, and L. p. Hebir as stokers and did pay them only Hβ per shift instead of 13s. 9d., ug required by the award. Mr. W. A. W: Grenfell appoared for the Gas Company. Mr. Lightfoot said tint the other side admitted that the men were employed as stokers at the wage named in the claim, and the only question for Uie Court to consider was whether a breach of the award had occurred. The company advertised for nie'n, and the advertisement was so worded as to indicate that the men would receive the full award rate. These men were employed na learners at slokuig, and were paid 11s. a day. There was no provision in the award for employing learners.. Mr. Grenfell said it had been the custom for the company to train men as stokers or to have learners to act as emergency stokers in case of any of the. reirular stokers being ill or otherwise unavoidably absent.. His Honour: Let us get at Ilia plain facts. You employed these three men as stokers and paid them yardmen's wages, 11s. a day. Thus without explanation you have committed a breach. Mr. Grenfell: Yes. Mr. Lighlfoot staled that when he was asked at what rate these men should be Daid he advised that as there was no provision in the award for leaders the men_ should be paid the full rate. He admitted that the men were nor competent stokers. Mr. Grenfell showed that the course tollowed b;j the company was in accordance with a long-standing ouslom adopted at the request of the union. In clause 12 ot the award existing prior to the present one it was provided, that the comDijny should employ emergency stokers. Iho clause wiw omitted from the new award on the understanding that the union accepted the principle of it. In raining these men there was no gain o the company, nor was Iliore any attempt to get the better oMhe employees. Ihere may possibly bo a technical breach, and to make (ho position quite clear the company was applying to have lie award amended ?a as "to have the right of employing emergency stokers. After henriug ovidence, His Honou* said it was to be regretted that the prosecution had been brought, because , ( was obvious tliatythe company employed these men as learners in good faith. These men were qualifying for the high- I er wages paid lo competent stokers, and their employment appeared' , to have been oanied out in accordance with sonie arrangement made before the Conciliation Council. There was, however, a technical breach of the award, hut it came within the scope of clause 1G of the Industrial Conciliation and Arbitration Amendment: Act, 1908. Os an excusable breach. Tt. had tn be pointed out thnt although the breach was a technical one it could not be overlooked by the Court, as it might lead Jo abuse, 'it wns intimated that until'the award wan amended the connany could not employ etokerlearners- except at the full award rates payable to competent stokers. ; : The information was dismissed.