WAGES DISPUTE.

Manawatu Herald, Volume XL, Issue 1827, 16 May 1918, Page 3

WAGES DISPUTE.

INTERPRETATION OF AN AGREEMENT. JUDGMENT RESERVED. A case of considerable importance to llaxraill owners and employees was heal’d at the Magistrate’s Court, Palmerston North, on Tuesday, before'Mr J. W. Poynton, S.M.

John Hannah, driver, claimed £1 8s lOd from William Nye, .of Foxton, as additional wages due. Mr Kavanagh appeared for the plaintiff, and Mr H. R, Cooper for the defendant. The statement of claim was that defendant as a driver within the meaning of the Wellington district llaxmill employees’ award of 16th August, 1916, was entitled to be paid £2 12s 6d per week of 48 •hours, but on the 4th December last an agreement was entered into lender which he was entitled to be paid 14s per day. He claimed the sum of £1 8s lOd as follows: — 10s lOd, the difference per day between 12s lid per day, actually received, from December 4th, 1917, to December 14th, instead of 14s per day; (b) the sum of 18s, being the difference between 13s actually received, from December 15th to January 4th, instead of 14s per day, to which he was entitled by the a-' greement. “This case involves more than the claim for £1 Bs,” said Mr Kavanagh, in outlining the statement'of claim, “It is of considerable importance to the flaxrailling industry. On September 7th, 1917, a strike occurred at the Weka and Miranui flaxmills, in regard to which subsequent Court proceedings were taken. Considerable unrest prevailed in the iudus- , try at that time, and it was only by ! strenuous endeavours that the strike was conlined to the mills referred to . As a result of those endeavours, a conference was finally held between the Few Zealand Flaxmillers’ Association and the Manawatu Flaxmiils Fmployees’ Union, and as a means of removing all the causes of friction an agreement was drawn up. Some millers (amongst whom was the defendant), in the Foxlon district refused to carry out (ho terms of the agreement, although they were members of the contracting Association, and represented at the conference referred to. On the r , matter being further referred to the Flaxmills Association, those millers agreed to come into line with the others, and to observe the conditions of the agreement. The defendant and others then took up the attitude that the agreements aforesaid did not apply to drivers in their employ, and in order to avoid undue friction this point was referred to Mr Newton, Conciliation Commissioner, for his judgment, all parlies to the dispute agreeing to this course, and each side stating a case to the Commissioner for his decision. The Comnlissioner’s decision was that the agreement did include drivers within its scope. With the exception of defendant and five others, 14s per day, equal to £4 4s per week, is being paid to all drivers in the Manawatu district. The pay and work of drivel's are always computed on a weekly basis, (lie reason being that drivers’ work involves a -large amount of linie outside of ordinary working hours in feeding and attending horses, etc. If drivers’ pay was computed on a daily or hourly basis a large amount of overtime ‘ -would be required to be worked for this purpose, and would, of course, require to be paid for at lovertime. rales. The compulation, therefore, on a weekly basis, is the one which most benefits the convenience of the employers.”

Percy Tucker Robinson, secretary of the Federated Flaxworkers’ Union, said that the union contended that drivers were weekly men, and should be paid £4 4s per week irrespective of hours worked. Under the present dispensation, if he only worked two days in a week he would receive under £2 12s 6d, and this would constitute a- breach of the award.

To.Mr Cooper: Drivers should be paid weekly on an hourly basis. Mr Cooper admitted the facts of the claim with the exception of the right to extra payment. John Hannah said (hat he had received 12s lid per day. He had asked Mr Nye why he was not put on the 14s a day basis. Nye said that he had decided to raise the wages to £3 18s a week and would not go beyond that. Me had given Nye notice in writing. Other employees could quit immediately .

To Mr Cooper : For the fortnight, ending January 4th he had received £7 16s, though during that fortnight other employees h;id had broken time and had consequently lost wages.

Mr Cooper submitted that plaintiff must rely on Mr Newton’s decision. Drivers were entitled to Is 9d an hour on work other than attendance .on horses. It was perfectly clear that the agreement was not meant to apply'to drivers. Mr Newton bad said that drivers might go on a weekly wage or be paid on an hourly basis, but that the award must be observed irrespective of the time worked. ■ It seemed to him that they wanted to come in on an hourly basis and get a weekly wage too. The Magistrate reserved his decision.