THE FLAXMILLERS’ DISPUTE
Arbitration Court Official Award. In the Matter oe an Industrial Dispute between the Manawatu Flaxmill Employees Industrial Union of Workers and the Employers. The court of arbitration of New Zealand (hereinafter called "The Court," having taken into consideration the matter of the above mentioned dispute, and having heard the Union by its representatives duly appointed, and having also heard such of the employers as were represented either in person or by their representatives duly appointed, and having also heard the witnesses called and examined and cross-examined by and on behalf of the said parties respectively, and the time for making this award having been duly extended doth hereby order and award: — That, as between the Union and the members thereof, and the employers and each and every of them, the terms, conditions, and provisions set out in the schedule hereto and of this award shall be binding upon the Union and upon every member thereof and upon the employers and upon each and every of them, and that the said terms, conditions and provisions shall be deemed to be and they are hereby incorporated in and declared to form part of this award ; and, further, that the Union and every member thereof and the employers and each and every of them shall respectivel3 r do, observe, and perform every matter and thing by this award and by the said terms, conditions, and provisions respectively required to be done, observed, and performed, and shall not do anything in contravention of this award or of the said terras, conditions, and provisions, but shall in all respects abide by and perform the same. And the Court doth hereby further award, order and declare that any breach of the said terms, conditions and provisions set out in the schedule hereto shall constitute a breach of this award, and that the sum of shall be the maximum penalty payable by any party or person in respect thereof. And the Court doth further order that this award shall take effect from the 12th day of August 1907 and shall continue in force until the 12th day of August 1 9°9In witness whereof the Seal of the Court of Arbitration hath hereto been put and affixed and the Judge of the Court hath hereunto set his hand, this 19th day of July 1907. W. A. SIM, (L.S.) Judge.
SCHEDULE. HOURS OF LABOUR. 1. Except where otherwise ex- ’ pressty prescribed, the week’s work , shall not exceed forty-eight hours, j exclusive of the time necessarily ( occupied by any worker coming under the provisions of this award , in getting up steam for the machi- , nery in the mill or work in which , he shall be employed and exclusive ! in the case of a driver of the time , required for necessary attendance to horses. Each employer shall, subject to the Factories Act, 1901, be entitled , to arrange such hours of work ac- ’ cording to the exigencies of his particular business, and such hours may be worked in shifts, either by day or night. The provisions of this clause shall not apply to the 'work of cooks or their assistants. OVERTIME. 2. Any time worked in any one week in extension of the hours prescribed in clause 1 hereof shall be paid for at the rate of time and a-quarter for the first three hours, and lime and a-half for all further time until the usual hour for commencing work. When overtime is rendered necessary by reason of breakdown of the machinery causing the stoppage of work, or other special emergency involving damage to property, only ordinary rates shall be paid. HOLIDAYS. 3. The following shall be the recognised holidays : New Year's Day, Good Friday, Easter Monday, Labour Day, the birthday of the reigning Sovereign, Christmas Day, and Boxing Day. Work done on Christmas Day, Good Friday, or Sunday, shall be paid for at the rate of double time, and work done on any of the other holidays shall be paid for at the rate of time and a-half. Provided that with respect to paddockers and fibre carters the rates shall be for the first four hours time arid a-quarter, and thereafter time and a-half. Drivers shall not be entitled to be paid for attendance to horses on Sundays or holidays. WAGES AND RATES OF PAY 4. The following shall be the minimum rates of pay for the several classes of work : (a) F'eeders, is 3d per hour ; bench loaders and catchers, is id per hour ; washers (finding their own boots and aprons), is per hour; head paddockers, is iy£d per hour ; assistant paddockers,
sorters and shakers, is per hour ; rouseabouts, per hour. (/>) Drivers for driving and attending to one or more horses, £2 6s per week. No deduction shall be made from this weekly wage for bad weather or for holidays or for other cause than for time lost through the worker’s default, and this wage shall include attendance to horses on Sundays, week daj's and holidays. (r) The worker who shall act as stripper-keeper, shall receive not less than 2s 6d per day in addition to the wages paid to him in his principal capacity, whether as feeder, engine-driver or manager. (1 d ) The minimum rates for piecework paddocking (which means and includes all work, from taking the fibre off the poles and stacking the same in the scutching shed), shall be:—From the Ist of April to the 30th of September (inclusive), 26s per ton; from Ist of October to the 31st of March (inclusive), 2is per ton. When carting is done 5s per ton shall be added to the foregoing rates.
(e) The minimum rate of pay for scutching shall be 28s per ton. Scales shall be provided by the employer. (/) The rate for cutting flax shall be settled as heretofore by agreement between the employer and the worker. (g) The wages of cooksand their assistants shall be settled by agreement between the employer and the worker. (//>) Labour not otherwise herein specified shall be paid for at the rate of is per hour. EMPLOYMENT OF YOUTHS 5, Employers may employ youths in or about the work of flaxmilling at not less than the following rates : 16 to 17 years ... 15s per week 17 to 18 years ... 20s per week 18 to 19 years ... 25s per week 19 to 20 years ... 30s per week 20 to 21 years ... 35s per week PAYMENT OF WAGES. 6. Wages shall be paid weekly or fortnightly as may be agreed, or when a worker shall have been discharged or shall have voluntarily left his employment. Wages shall be paid in cash if so required by the worker, and may, at the option of the employer, be paid either at the mill or at the nearest town wherein a bank is situated. BOARD FOR WORKERS. 7. Where food is provided by the employer for workers it shall be sufficient in quantity and of good quality, and workers shall not be charged more than 14s per week for their board. POVISIONS AS TO SMOKING. 8. ( a ) Workers shall not smoke cigars or cigarettes in the swamp and shall not smoke at all when handling or in proximity to dry fibre.
(b) Each emploj’er shall if desired, allow his workers an interval of at least ten minutes in the forenoon and ten minutes in the afternoon for smoking, but workers shall not be paid for time thus allowed. The eraplo}'er shall have the right to fix the places for smoking, and when fixed workers shall not smoke in any other places and they shall use pipe caps if supplied by the employer, UNDER - RATE WORKMEN. 9. (a) Any worker who considers himself incapable of earning the minimum wage may be paid such lower wage as may from time to time be fixed, on the application of the worker, after notice to the Union, by the Stipendiary Magistrate of the district in which such worker resides, or such other person as the Court ma3 r from time to time appoint for that purpose, and such Magistrate or person in so fixing such wage, shall have regard to the worker’s capability, his past earnings and such other circumstances as such Magistrate or person may thiifk fit to consider, after hearing such evidence and argument as the Union and the worker shall offer, and upon granting such permit, the Magistrate or such other person shall forward notice thereof to the Inspector of Factories.
(, b ) Whenever occasion arises for so fixing a worker’s wage, it shall be fixed for such period, not exceeding six months, as such Magistrate or other person shall determine, and after the expiration of the said period until fourteen days’ notice shall have been given to such worker by the Secretary of the Union requiring him to have his wage again fixed in manner aforesaid. Provided that in case of any person whose wage is so fixed by reason of old age or permanent disability, it may be fixed for such longer period as such Magistrate or person shall think fit.
(c) Notwithstanding the foregoing, it shall be competent for a worker to agree with the President or Secretary of the Union upon such wage without having the same so fixed. (rf) It shall be the duty of the Union to give notice to the Inspector of Factories of every agreement made with a worker pursuant thereto. (/) It shall be the duty of the employer before employing any worker, at such lower wage, to examine the permit or agreement by which such wage is fixed. PREFERENCE. 10. So long as the rules of the Union permit any person of good character upon payment of an entrance fee not exceeding ss, and of subsequent contributions at a rate not exceeding 6d per week, upon a written application of such person, stating his desire to join the Union, without ballot or other election, to become and remain a member thereof. Each employer shall employ members of the Union in preference to non-mem-
bers, provided that there are members of the Union equally qualified to perform the particular work required to be done, and the employer shall know of such members and shall be able to obtain their services without any undue
delajL Nothing herein contained shall prevent the continued employment of workers now in the employment of any employer although such workers may not be or become members of the Union. GENERAL. ii. Except as regards flaxcutting, firewood cutting, tramming, tram laying, paddocking and
scutching, no piece work shall be allowed, but employers may have all or any part of their work done by contract, and employers shall stipulate that contractors who employ any workers shall observe the provisions of this Award so far as the same shall be applicable to such workers. :2. When trams have been laid it shall not be obligatory on cutters to place their flax on the trams. Should flax lie cut in the swamp longer than three days, an average per bundle of cutters previous weights shall be taken, and payment shall be made accordingly. This provision shall apply if it be found impossible to get the flax out of the swamp. 13 Cutters shall not be required to carry flax a distance exceeding a chain and a half without reasonable extra payment. 14. It scutchers are no,t provided with bands they shall be paid 6d per ton extra for them. Stripper keepers shall be permitted to repair the scutching apparatus whenever repairs are required. 15. Scutchers shall not be required to keep the “tow hole” clear of tow. 16. If workers have attended at the mill when it is not intended
to work the mill they shall be entitled to receive two hours pay unless the stoppage of the mill shall be due to causes beyond the control of the employer or unless such workers shall before attending at the mill have received notice that work will not commence. 17. Nothing in this award shall apply to the members of an employer’s family if working in or about his mill. EXEMPTION. 18. (a) The provisions of this Award shall not apply to workers of the native race now employed or hereafter to be employed at the flaxmill at Waverley now being worked by James Gordon Rutherford or at the flaxmill at Wairoa now being worked by Michael J. Bourke. (6) The Court reserves full power to itself to make supplementary awards or orders exempting from the operation of this Award any workers of the native race who may hereafter be employed at any of the flaxraills now subject or hereafter to be subject to the provisions of this Award. TERM OF AWARD. 19. This Award shall come into force on the 12th day of August 1907 and shall remain in force until the 12th day of August 1909 and thereafter shall continue in force until superseded by another award or an industrial agreement. In witness whereof the Seal of the Court of Arbitration hath hereunto been put and affixed and the Judge of the said Court hath hereto set his hand this 19th day ot Julv 1907. W. A. SIM. (E.S.) Judge. MEMORANDUM. Preference to Unionists has been granted in a modified form. Under the clause as framed an emploj’er who desires to engage a worker is not bound to look fora member of the Union. If, however, he knows, by any means, of a member of the Union who is suitable for the particular work required, and can obtain his services without any undue delaj 7 , thep he must employ him in preference to any non-unionist. The evidence at the hearing proved that the sleeping and other accommodation for the workers at some of the flaxmills in the Manawatu District is very defective. The Court has not embodied any provision on the subject- in the Award, but it recommends the owners of these mills and of other mills in the same condition to provide proper accommodation for the workers as soon as possible. The Court has exempted the natives emloyed at Mr Rutherford’s mill at Waverley and at Mr Bourke’s mill at Wairoa from the operation of this Award, and has reserved power to make a similar exemption with regard to other mills subject to the Award. Dated this 19th day of July, 1907. W. A. SIM. (E.S.) Judge.
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Manawatu Herald, Volume XXIX, Issue 3769, 27 July 1907, Page 3
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2,391THE FLAXMILLERS’ DISPUTE Manawatu Herald, Volume XXIX, Issue 3769, 27 July 1907, Page 3
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