TEST CASES

New Zealand Times, Volume XXXVII, Issue 8352, 12 February 1913, Page 3

TEST CASES

AGAINST CITY COUNCIL,

ALLEGED BREACHES OE AGREEMENT. Two test cases respecting alleged breaches of. the Wellington Tramways Employees’ agreement were heard before Dr A. McArthur, S.M., at the Magistrate’s Court yesterday, when Denis oarmody. Inspector of Awards, proceeded against the Wellington City Council for allegedly employing on September 25th, 26th, 27th/ and 28th last, a fireman named Tomlinson at repairing furnaces at a rate of Is 3d instead of Is 4d per hour. Action was taken for another alleged breach, the particulars of which were that the council did, during the months of November and December last, fail to employ a trimmer on a Sunday morning shift, QUESTION OF INTERPRETATION. Mr A. W. Blair, who represented the inspector of awards, stated that as the actions were really brought as test cases, the prosecution did not ask for any penalty. The whole point in the one case was whether particular work was or was not repairing furnaces. It was a question of the interpretation of the agreement. Part of the work at the tramway powerhouse consisted in removing from the furnaces “fireblocks” which had been melted by the heat. Sometimes it was a matter of an hour or two to .chop one “block" out, the process being to draw the fire so that the workman could get inside the furnace to work. On other occasions the “block" could be taken out easily. The prosecution suggested that it was only quite recently that the council had placed on the firemen the onus of doing this particular work. Previously it was always done as part of the repair work, and additional pay was given for it. Firemen had frequently, as a matter of their ordinary work, put in new “fireblocks" in place of those which had. melted. It was claimed that the firemen who had to remove (the "blocks" should be paid the same rate as had been given to the repair men, who formerly did the work, and those who now did it when the boilers were' out of use. Clause 5, subsection (e) of tbe agreement provided that firemen on shift should give all their time attending to steam and water and the stokehold machinery. Subsection (h) said that all men when employed at cleaning, blow down pits, or repairing furnaces should be paid Is 4d per hour. The second case was based on the clause in the agreement which stipulated that there should bo one trimmer to each shift. At the tramway powerhouse the daily work was done in three shifts of eight hours each. There was no stoppage of the work at the powerhouse all the year round. From midnight on Saturday until 4 o’clock on Sunday morning one fireman and on© trimmer were kept on duty, but from 8 a.m. to 1 p.m. one fireman, but no trimmer worked. This one man had to get ready a full head of steam for the running of the trams when they started at 1 p.m. He had to do all the firing and trimming that might be necessary in the one shift, and that was what was objected to. “TURN OF THE SCREW." “This is just a” little bit of a turn of the screw that tho union are putting on," said Mr J. O’Shea, who conducted the defence. “They think they see a point, and they are going to seize it.” The council contended that the putting in of new “blocks” was merely a replacement of a movable part.of the furnace, that it was within the ordinary duties of the firemen, and that it did not come within the portion of the agreement referring to repairs. Regarding the Sunday morning shift, it would be an absolute waste to havo a trimmer employed. Tbe tramway management had been forced to employ three extra men to give the men the conditions they now worked under. Trimmers got one Sunday off in three, but tbe council was not bound to give them this concession. If another man had to be put on tho Sunday morning shift, the trimmers would be deprived of their Sunday leave, or else three more men would have to be put on. There was no appreciable increase in' the power which was now used on Sunday mornings, therefore there was no need for more men to be emploved at the powerhouse. The stoking of the tiirnac.es was automatic, but the men claimed that it was not so, because thej bad to turn a valve in order that the ooal» might be fed into the fires. The clause in the agreement providing that there should be one trimmer for each shift did not apply to Sunday work. After hearing evidence his Worship reserved his decision.