WAGES AT AN OIL BORE.

Taranaki Daily News, Volume LII, Issue 163, 4 August 1909, Page 4

WAGES AT AN OIL BORE.

A PETROLEUM PROSPECTING COMPANY IN COURT, Petroleum horing is an uncertain employment in many ways, and not only for the prospecting companies, but apparently for tlie workers on the. oilfields. As those interested in oil companies knoiw, the bores are often "closed down" for various reasons. The Iladley bore at Carrington-road has frequently been closed down, and the Magistrate, Mr. 11. S. Fitzlierbert, had yesterday to decide upon the evidence brought before him whether or not the engineer there was entitled to toe paid his ordinary wages whether the plant was working or not. John Edmund Nixon, the engineer, was the plaintiff, and the E. Iladley Company (described as mining machinery and general commission agents) the defendants.

In his first claim plaintiff alleged that he had been engaged by defendants at a salary of £4 lUs per week of 00 hours, the engagement to bo terminable by fourteen days' notice on either side, and that defendants had not paid to hiin certain portions of his salary, to the amount claimed, between March 28th, 1908, and June 19th, 1909. In his alternative statement of claim plaintiff alleged that defendants had refused to employ him for various periods, aggregating 793 hours, between the dates mentioned, and that through such breach of contract ho suffered damages to the extent of £59 i)s Od.

Mr. C. 11. Weston appeared for plaintiff and Mr. A. H. Johnstone for defendants.

The plaintiff deposed that he wa9 a certificated engineer, holding a firstclass certificate, and had been employed as a permanent officer by the Taranaki Petroleum Company before entering defendants' employ. In October, 1907, he entered into an agreement with the E. Hadley Company. From October, 1907, to March, 1908, lie lost no time. When he began to lose time through the bore being shut down he did not receive any intimation that he was not going In i paid until O'Dowda, manager at ; liy tore, received notice of such from Hadley. Plaintiff and O'Dowda communicated with lladley, who replied that there was to be no wages paid for lost time. Saw Hadley himself, and told him he thought he was being unfairly treated, he having left a permanent billet and entered his employment under an agreement. Hadley replied, "You trust us, and we'll trust you. When wo strike oil we'll give you a bonus that no other company would give." Witness complained later on that the new driller was being paid while the bore was shut down, and Hadley stated that at the expiry of his six months' agreement the driller would be put on the same footing as the others. Hadley also said that when the bore was shut down again plaintiff would be paid. That was about July, 1908. But tiie next time the bore was closed down he was not He spoke to the manager about it, and the latter wrote to Hadley, who replied that the E. Hadley Company wasn't a charitable institution. During tile present year the bore l ad been shut down for many weeks, in consequence of which witness wrote'to Hadley. After some correspondence had passed between them Hadley gave him fourteen days' notice of the termination of his engagement. When he first took the billet he was living in town, but to meet his employers' wishes he took a house on the Carrington-road, closer to the bore. lie got a day off to shift his furniture, and the day's pay was docked. Complained to Hadley, who wrote that probably plaintiff was not aware that he was to receive fourteen days' holiday on full pay at the end of twelve months' service. Plaintiff had not been aware of this. From June 7th he wa; away for fifteen days, and he claimed pay for fourteen days of it. On receiving notice of dismissal he issued a summons against defendants. Cross-examined: The Taranaki Company had paid him £3 10s a weeli. so that he gut an increase of £1 a w'cek upon .joining the defendants. Mr Fair had promised him £5 a week after six months' service. He had previously worked on the steamer Manukau at £lO per month. A certificated engineer was not absolutely necessary at the defendants' bore. It was not correct to say that his work was merely that of a fireman. It was not necessary for men to stand idle when accidents happened. He hail worked on some Occasions wh?n the bore was shut down. He did not remember Hadley telling him he would not be paid for time off. Hadlev haci told him all along that if the operations were .successful he would get a good position at the bore. He did not ask for an increase in salary in May when one or the drillers got a rise. Hadley did not tell him then that he was not 'to he paid for tune off. O'Dowda gave him to understand that his orders were that when the drill was stopped no one of the employees would be paid, and that il any workman did not like that arrangement he could go. He had signed the wages receipt-book f<> r payment at the rate of Is 8d an hour, overtime beki" paid for at the same rate. He worked W) hours a week verv frequently. He remembered Hadley giving the whole of the men fourteen days' notice, but Hadley said, "You can consider yourself discharged, and plaintiff laughed at him. He <|id not consider himself discharged, ilicre was lio mention of the men »oin" on after the fortnight's notice on Had" eys own terms. Time and time a»ain they were told that they were not to lie paid lor lost time. Witness expected to receive his salary for lost time. He wrote to Hadley stating that he expected Ins money or he would sue for it. ihere were a good many weeks wiica witness worked fur m ,, ri , thun (id hours, and some when lie worked less He was paid at the rate lie was engaged at. C 4 IDs for sixty hours. He never told O'Dowda that lie should like to receive notice when the bore was to close down, so that he could get temporary employment in the meantime. 1 Re-examined: Witness protested many times about not receiving payment for lost time, and the intimations that lost time would not be paid for were in reply to those protests. Witness never cave either lladley or O'Dowda reason to believe that he accepted the conditions imposed on him. On the occasion when lladley told the hands they could consider themselves discharged, the dispute arose ovo r the double shifts. Hadlev wanted them to start work at fl ani on Monday so that th-y . g ; ,M finish at p.m. on Saturday. A suggestion was made, witness thought by himself, that they should start work at midnight on Sunday and thus finish at mid-day on Saturday, lladley came up to tl'e bore and called the hands round the office . or ". Parted the i?iterview bv saying. '"Well, hoys, you can consider yourselves HI discharged. We don't want any grumbling or lack of harmony hero.' j'Jien lladley asked what was the matter, and on being told what it it was lie fell in with their wishes. When aeeideubs occurred at Moturoa work did not cease.

Mr. Johnstone, in opening his case, said tliat defendants had tactily agreed throughout to accept wages, less "time off," taking tlieir pav lor the actual time \vnrko<l. l'p till June, 1908, he jjave no indication that ho expected 1o be paid for the full time, and was thus prevented now from setting up his present. claim.-

Bernard Clement O'Dowda, manager for tlie defendant company at their horo nil ( li" Carrington road, 1 gave evidence that Nixon was chief engineer at the bore, according to the hook, and in charge cf the engine and all machinery. A certificated engineer was not required. Witness was present in November, 11)07. when Uadley told the plaintiff that when Die bore was closed down all hands were to be put ofl'. That was the first time that any pay was "docked." In llav, inns, Dines got a rise, and Nixon asked for one, too. Hadley refused the request. Between May, 1908, and the date of Callow joining' tile staff, ho remembered an occasion when Hadley called all hands together, and told them in witness' presence, that tliey could all take a fortnight's notice '£o leave, and that they could come 071 again upon his terms. Thi'i'o had Iwcn some dissatisfaction ailiout overtime, leading up to this. On mother occasion lie remembered reading out to the men Mr. Hartley's written instructions that all the men were to be put off when the bore was closed 'down, with exception of those required to make repairs, and so on. Nixon was frequently employed when the others were not. Nixon used to grumble; Imt always accepted his wages. When Nixon grumbled witness

frequently said to him, "Those are my instructions. If you don't like it, you know what to do." Witness received full-time wages, for he had either to be at the toe or to leave someone in his place. The bore was once closed down for six weeks. Plaintiff had told witness that why he was staying on was that he hoped to get the position of chief engineer in charge of a number of bores when oil was struck.

To Mr. Weston: When the bore was first shut down Hadley demurred at paying him; but witness gave him to understand that lie meant to be paid, and he was paid. Nixon had protested to him all through the piece at not being paid for lost time, and he had forwarded the complaints to headquarters. Witness had thought Nixon bad abandoned his claim for lost time when he accepted his wages. Plaintiff was an engineer, in charge of the engine and dynamos, drawing specifications for tools required, and so on. Witness expected plaintiff to lie there on every day that he was wanted at the bore. Re-examined: There were six men employed at the .bore, and only the head drillers were kept on when the bore was closed down.

To the Court: He could not swear that Nixon was present when 'witness lead out to the men Mr. Iladley's instructions concerning lost time, but he would swear that at some time or other he read the instructions to him.

Albert Callow, head driller at the company's works, gave evidence as to certain dates.

To Mr. Weston: He was here under an agreement to receive £7 a week and expenses. In other States the head driller received his wages at from £1 to £2 a day, free house, and all expenses. To the Court: He had never previously lieen on a bore where there was an engineer. The head driller was supposes to be able to understand the engineering work himself. Counsel addressed the Court at some length, and His Worship reserved judgment.