as overtime. For the purpose of this paragraph, for work done to
five minutes from the hour, and from that to fifteen minutes, a
quarter of an hour shall be paid for; for work done to twenty
minutes from the hour, and from that to thirty minutes, half an
hour shall be paid for ; for work done to five minutes past the half-
hour, and from that to fifteen minutes to the hour, three-quarters
of an hour shall be paid for ; for work done to ten minutes to the
hour, and from that to the hour, a full hour shall be paid for.
5. All work done on the following holidays — viz., New Year's
Day, Good Friday, Easter Monday, Sovereign's birthday. Labour
Day, Prince of Wales* Birthday, Christmas Day, Boxing Day, and
Anniversary Day — shall be paid for at the rate of time and a half.
Work done on Sundays shall be paid at the rate of double time.
6. Where employees or any of them are required to work over-
time to repair any breakdown of machinery, necessarily causing the
stoppage of the mill or factory, only ordinary time rates shall be
paid.
7. The foregoing clauses 4, 5, and 6 shall apply only to em-
ployees in town and suburban factories, and shall not apply to
country sawmills.
Overtime in Country SawmilU.
8. In country sawmills, and in all sawmills (other than fac-
tories) in the Hawke's Bay, Wanganui, Palmerston, Manawatu,
and Wairarapa districts, the following provisions shall apply :
Overtime shall be paid for at the rate of time and a quarter, and
shall only be paid in respect of the time worked in each fortnight
in excess of ninety-two hours : Provided always that time worked
by any employee to repair breakdown of machinery necessarily
causing the stoppage of the mill shall be paid for at the rate of
ordinary time only.
Time (subject to the foregoing provisions) worked on Christmas
Day, Good Friday, and Sundays shall be paid at double rates.
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283
Minimum Bate of Wages in Factories.
9. The following shall be the minimum rate of wages to be paid
in factories : First-class machinists, 10s. per day. (A " first-class
machinist " is a man who is competent to, and whose duty it is to,
put together, and, if necessary, to repair, the different parts of
^woodworking machinery, and in the case of planing and moulding
machines to make such moulding-irons or other cutters as may be
required, and generally to direct and supervise the working opera-
tions of the various machines under his control.)
Second-class machinists, 9s. per day. (A ** second-class ma-
chinist " is a man who is competent to, and whose duty it is to, set
a machine and to grind the knives, to throw in or out of gear the
■driving or feed belts, and by a proper use of the oil-can to keep his
machine in good running-order.)
Other workers at machines who are not included in one or other
of the above definitions shall be paid the following minimum rates
of wages : If over the age of twenty-one years, 8s. per day ; of the
^e of nineteen to twenty-one -yeai-s, £1 10s. per week; of the age
of eighteen to nineteen years, £1 5s. per week ; of the age of seven-
teen to eighteen years, £1 per week ; of the age of sixteen to seven-
teen years, 15s. per week.
If any youth is unable, by reason of infirmity or other cause, to
«arn the minimum rate of wage prescribed for his age, he may be
employed at such less wage as may be fixed under the provisions
of the general clause herein relating to incompetent workmen.
Per Day.
Sawyers in Factories. b. d.
First sawyer ... ... ... ... 9
Second sawyer ... ... ... ... 8
Engiv£-drivers.
When required to hold a first-class certificate ... 10
When required to hold a second-class certificate ... 90
Firemen or drivers without certificates ... ... 7 6
Yards-men.
The man who is in charge of yard ... ... 10
Other men ... ... ... ... ... 7
Per Hour.
Casual Labour. s. d.
Men who are employed at unskilled labour at
irregular periods, and who are employed for
less than six consecutive days full time ... 1 1
Per Day.
Unskilled Labour. b. d.
Labourers whose employment is for six consecutive
days full time ... ... ... ... 7
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284
Youths.
If youths are employed at any work other than at the machines-
they shall nevertheless be paid, accordmg to age, the minimum rate
of wages prescribed for youths employed at machines.
Minirmim Bate of Wages for Country Sawmills,
10. The following shall be the minfmum rate of wages to be
paid to men employed in country sawmills : —
Per Day. Per Pay^
8. d. ' 8. oL
Benchmen who are competent : BuUook-drivers .. ..9
saw-keepers, and who keep Orosscutters who keep their saw
their own saws . . . . 10 • in order . . . . ..80
Benchmen who do not keep their Grosscutters whose saws are kept
own saws . . . . . . 9 > in order for theia . . ..7 6-
Tailers-out .. .. ..8 Bushmen .. ..7 6
First breakdown-men . . ..86 Head yard-men. A head yard-
Second breakdown-men . . 7 6 i man in a comitry sawmill is
Engine-drivers, when required to one who imloads trucks and
hold first-class certificate . . 10 , wagons, and who measures.
When required to hold a second- and who is in charge of the
class certificate . . ..90. yard . . . . . . 10 0-
Firemen or drivers without cer- Yard- men whose duty it is, al-
tificate . . . . ..76 though not in charge of the
Sawdust-men ..70 yard, to measure timber, and
Slab-men . . . . ..70 to load and unload trucks . . 80*
Skid-men . . . . ..70 Assistant yard-men who handle.
7
6
7
7
7
7
6
10
8
Horse-drivers . . ..76 load, and tally timber . . 70
Planing-maohine men who make Pan-men in the bush . . ..80
and keep their own irons . . 10 ' Labourers . . . . ..70
Other planing-machine men
Casual Labour.
Men who are employed at unskilled labour at irregular periods,
and who are employed for less than six consecutive days full time^
Is. per hour.
Youths,
11. The Court does not in any way restrict the employment of
youths in country mills, but in the event of their being employed in
country mills the following shall be the minimum rate of wages to-
be paid to them : Of and under the age of seventeen years, 15s. per
week ; from the age of seventeen to eighteen years, £1 per week ;
from the age of eighteen to nineteen years, £1 5s. per week ; from
the age of nineteen to twenty years, £1 lOs. per week.
General clauses appUcable throughout the industrial district.
Incompetent Workmen,
12. Any worker who may consider himself, on account of old
age, youth, infirmity, or for any other cause, incapable of earning
the minimum wage hereby prescribed for the class of work for
which he desires employment may be paid such less wage as shall
from time to time be sigreed upon in writing between such worker
and the chairman or secretary of the union, or, in default of such
agreement, 8bs shall, after twenty-four hours' notice in writing by
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285
such worker to the secretary of the union, be fixed by the Chairman
of the Conciliation Board for the industrial district, and the secre-
tary of the union shall, if he shall so desire, be heard upon such
application. Any worker whose wage has been fixed as aforesaid
may work for any employer at the wage so fixed for the space of six
calendar months, and thereafter until the expiration of fourteen
days from the service upon him by the secretary of the union of a
notice requiring the wage of such worker to be again fixed in the
manner provided by this paragraph, and it shall be the duty of the
worker, within the said period of fourteen days, to have his wages
again fixed as aforesaid.
13. In the event of the worker residing at a place in the indus-
trial district more than twenty miles from the City of Wellington,
he may have his wages fixed by the Stipendiary Magistrate for the
district in which he resides. If there shall be an accredited repre-
sentative of the union residing in the district in which such worker
shall reside, the said Stipendiary Magistrate may, if he thinks fit,
require a notice to be sent to such representative before he shall
determine the worker's application.
No Discrimination against Unionists,
14. No employer shall discriminate against members of the
union, nor shall, in the engagement or dismissal of his employees
or in the conduct of his business, do anything directly or indirectly
for the purpose of injuring the union.
15. When members of the union and non-members are employed
together there shall be no distinction between them, and both shall
work together in harmony, and shall receive equal pay for equal
work.
Period of Award.
16. This award shall take effect from the 31st day of March,
1902, and shall continue in force until the dlst day of March, 1904.
In witness whereof the seal of the Court hath been hereto put
and affixed, and the President hath hereunto set his hand, this 19th
day of March, 1902. Thbo. Cooper, J., President.
Beason for Award.
In this matter, which is an industrial dispute involving the
whole ot the woodworkinjg. factories and sawmills both in the towns
■and in the country districts in the Wellington Industrial District,
the Court has held sittings in Wellington, Napier, Wanganui,
Palmerston North, and Masterton. We have had to consider the
industry in relation to the various factories in the towns and the
sawmills in the country and bush districts throughout the Provin-
cial Districts of Wellington and Hawke's Bay. As disputes con-
nected with this industry were also pending in the northern and
Southland districts of the colony, we considered it necessary to
hear these and examine the conditions of the timber industry in
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286
these districts before making an award in the Wellington dispute,
and we consequently extended the time for making the Wel-
lington award until the 3l8t March. In the meantime we have
heard the Auckland dispute, caking evidence at Auckland and in the
Northern Wairoa, and the Southland dispute at Invercargill.
We have considered it necessary to deal with the regulation of
the terms of employment in the mills and factories in the Welling-
ton District by providing a scale of wages for those employed in the
factories, and another scale for those employed in the country and
bush sawmills.
The principal difficulty and one of the principal points in issue
was the classification of the numerous macnines worked in a well-
equipped woodworking factory. Some of these machines require
skilled labour; others can well be worked, and are at present
worked, by youths under general supervision ; but they all together
constitute the general working plant of the factory.
The demands of the union were (1) for a minimum wage of £S
per week for all men working machinery ** such as planing-ma-
chines, moulding-machines, circular saws, or any other tool what-
ever worked by machinery and driven by steam-power or any other
motive power."
The union were willing to concede to the employers a boy to
assist each machinist, but otherwise they asked the Court to pro-
hibit the working of youths at any of these machines, and to require
the employers to pay to each machinist, irrespective of the character
of the work and the class of the machine, the minimum wage of £3.
per week.
The Conciliation Board recommended a minimum wage of £2 158.
per week to competent men employed working planing or moulding
machines ; to men doing the finer work with circular saws, £2 14s.
per week ; and to men working any other machine, £2 158. per
week ; and that youth-labour be restricted to one boy as an assistant
to each machinist.
In the factories there are many machines which are at present
worked by lads of ages varying from fifteen or sixteen to twenty-one
years. Many of these machines require very little skill, and some
are used in the class of work of the cheaper kind produced in the
factory. The result, if we acceded to the demands of the union
and restricted youth-labour as the union representative desires, and
as the union asks by its demands, would be (1) to throw a number of
lads out of employment ; (2) to very much restrict the opportunities
which now exist for lads obtaining employment in the mills ; and
(3) to largely increase the cost of production. We repeat the prin-
ciple stated by us in giving judgment in a recent dispute at Inver-
cargill : •* We do not consider that this Court ought to impose
restriction on the employment of youths in callings in which they
have hitherto been employed, and in which they are fully competent
to do the necessary work, simply to make place for adult labour at
a higher wage. A youth has as much right to the opportunity to-
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287
earn his living as a man, and it is against the best interests of tha
community to shut the avenues by which he may obtain employ-
ment." We afl&rm this principle as one which the Court ought
to apply to the present industry. The Factories Act and the
Workers' Compensation Act, in our opinion, provided sufficient safe-
guards to workers against the employment of youths at machines
at which they are not competent to work, and the scale of wagea
which we have fixed according to the age of youths employed pro-
vides, in our opinion, fair remuneration for the work they may be
employed at in the mills.
We have therefore not defined the class of machines at which
these youths may be employed, leaving that to the discretion of
ea.ch particular employer. To have attempted to separate the
machines into classes, and to say what machines a youth might
work, and what he should not, would, in our opinion, have led to
endless dispute and disorganization ; while to have limited the
number of youths as asked by the union would, in our opinioil,.
have injured many now employed, and have been against the
true interest of the industrial classes and of the community in
general.
We have classified adult labour in these factories, and have
prescribed what in our opinion, after taking fully into consideration
the evidence adduced on both sides, is a rate of wages fair to both
employer and workmen in relation to the various classes of employees
in these factories.
The overtime clause applicable to town factories and mills is that
recommended by the Board and agreed to by the employers, as also*
is the holiday clause, with this exception : that for work done on
holidays we prescribe a rate of time and a half, and for work on
Sundays we prescribe a double rate.
The custom in mills hitherto has been, while paying the wages^
weekly, to calculate them at a daily rate, and not to pay for time
not worked. We see no reason to interfere with this ; but with a.
view to prevent all disputes we have prescribed a daily rate.
We were asked to insert a clause requiring wages to be paid
weekly. It is unnecessary to do so, as the statute law of the
colony is sufficiently explicit upon this. We were informed that
in many of the country districts both employers and employees
were content to pay and receive wages monthly. If that is so,,
this object can be attained in any particular case by following the
statutory course.
In reference to country mills, we have fixed the overtime at time
and a quarter, with double time for work done on Christmas Day,
Good Friday, and Sundays. We have made no provision for other
holidays. A good deal of time is lost in the country districts and in
bush mills owing to bad weather and other causes, and we think it
against the interests of both workers and employers to prescribe an
extra rate of payment for other days, and so in many instances to*
restrict the eaming-power of the workman.
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288
The hours of labour in the country mills are those agreed upon
in conference at Palmerston North, and the hours for town mills are
those which are now observed by the carpenters and joiners working
in the factories.
We have, in reference to overtime in both town and country mills,
provided that only ordinary rates shall be paid for work done after
the ordinary hours to repair breakdown in the machinery, necessarily
causing the stoppage of the mill. It is quite as much to the interest
of the workman as of his employer thac these repairs should be
rapidly effected.
We have had son^e difficulty in fixing the scale of wages in
country mills. We have, however, from the information supplied to
us at the hearing by the employees, been enabled, we think, to fairly
classify the various sections of workers. We have fixed what is, in
our opinion, a fair minupium rate. In some instances employers
were paying less than the amounts now prescribed. In other cases
the maximum paid was more. It is a fair minimum that we have
to fix, neither the lowest wages paid in one particular mill por the
highest paid in another, but what ought to be a fair minimum for
all the mills, and this we have endeavoured to do.
The union asked for preference. The employers opposed this
application. The union has not satisfied us that this is an industry
in which we should compel the employers to give preference, and we
do not do so. We have therefore inserted the clauses settled by
this Court in cases where preference is not given.
This award is to take effect on Monday, the 31st day of March
instant, and to continue in force till the Slst March, 1904.
Theo. Cooper, J., President.
Enforcement of Award.
In the matter of an application made by the Wellington Car-
penters and Joiners' Industrial Union of Workers to enforce the
award against the Stewaxt Timber, Glass, and Hardware Company
(Limited). The Court, after consideration, granted leave to employ
the employee mentioned in the application at present wages until
the new award is made. Defendant ordered to pay to the union
£2 16s. costs.
(111.) WELLINGTON COOKS AND WAITERS. -AWARD.
In the Court of Arbitration of New Zealand, Wellington Industrial
District. — In the matter of ** The Industrial Conciliation and
Arbitration Act, 1900," and ** The Industrial Conciliation and
Arbitration Act Amendment Act, 1901 " ; and in the matter of an
industrial dispute between the Wellington Amalgamated Society
of Cooks and Waiters* Industrial Union of Workers and the
Wellington Licensed Victuallers* Association and Industrial
Dnion of Employers (H- J- Williams, secretary, 12, Custom-
house Quay) ; Wellington Hospital Trustees ; Gear Meat Freez-
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289
ing and Preserving Company (Limited) ; Wellington Amalgamated
Bestaurant and Oyster-saloon Keepers* Industrial Union of Em-
ployers (J. Fairway, secretary, Silver Grid, Cuba Street) ;
James Brown, Steamboat Restaurant, Waring Taylor Street ;
Frederick Curtis, Curtis's Dining-rooms, Lambton Quay ; Jane
Martin, The Don Restaurant, Lambton Quay ; Olivina Knigge,
Brunswick Restaurant, Willis Street; Mary Neill, Welcome
Restaurant, Willis Street; Joseph O'Donaghue, Restaurant,
Lambton Quay ; Thomas White. Masonic Hotel, Cuba Street ;
George Y. Dennis, Barrett's Hotel, Lambton Quay ; Helen
Gillespie, Shepherds' Arms Hotel, Tinakori Road ; Norah
Macarthy, Cambridge Hotel, Cambridge Terrace; William
Young, Otago Restaurant, Lambton Quay; James Jew, Res-
taurant-keeper, 125, Lambton Quay (hereinafter called '* the
employers "). The WelHugton Club was struck out by the
Court (see clause 12 of schedule).
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 Wellington Amalgamated
Society of Cooks and Waiters' Industrial Union of Workers (herein-
after called ** the union ") by its representatives duly appointed, and
having also heard the employers by their representatives duly
appointed, doth hereby order and award: That, as between the
union and the members thereof and the employers, 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 that the said terms, condi-
tions, 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 em-
ployers shall respectively 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 per-
formed, and shall not do anything in contravention of this award
or of the said terms, conditions, and provisions, but shall in all re-
spects abide by, observe, and perform the same. And the Court
doth hereby further 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 £100
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 31st day of March, 1902, and shall continue
in force until the Slst day of March, 1904.
In witness whereof the seal of the Court hath been hereto put
and affixed, and the President hath hereunto set his hand, this
24th day of March, 1902, the time for making this award having
been first duly extended until the Slst March, 1902.
Theo. Cooper, J., President.
19
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290
The Schedule hereinbefore referred to.
Hotels.
1. The following shall be the minimum weekly rates of pay for
persons employed in hotels : —
Kitchen. — Where five or more hands are employed : Chef, £4 ;
second, £2; others, £1 each. Where four hands are employed :
Chef, £3 10s. ; second, £1 15s. ; others, £1. Where three hands
are employed : Chef, £3 ; second, £1 10s. ; other hands, £1. Where
two hands are employed : Chef, £2 ; second, £1 6s. Where only
one cook is employed, £1 15s.
Waiters. — Where over three waiters are employed : Head
waiter, £2 ; second, £1 12s. 6d. ; others, £1 2s. 6d. Where three
waiters are employed : Head waiter, £1 15s. ; second, £1 7s. 6d. ;
third, £1. Where two waiters are employed : Head waiter,
£1 15s. ; second, £1 5s. Where only one waiter is employed he
shall be paid a minimum wage of £1 10s.
Pantrymen. — Where more than one employed: First pantry-
man, £1 5s. ; others, £1. Where only one is employed he shall be
paid £1 5s.
Porters. — Day-porter, £1 ; night-porter, £1 5s. Where a day-
porter and rouseabout are employed, the rouseabout shall be paid
15s. per week.
Casual Labour. — Chef — First day, £1 ; two succeeding days, 15s.
each ; after third day, ordinary wages. Others — First day, 10s. ;
two succeeding days, 7s. 6d. each ; after third day, ordinary wages.
Waiters — First three days, lOs. a day ; afterwards, ordinary wages.
Pantrymen — First three days, 7s. 6d. a day ; afterwards, ordinary
wages.
Board and Lodging.
2. Where board is not provided, cooks, waiters, pantrymen, and
porters shall be paid 10s. per week in addition to the above rates.
Where lodging is not provided they shall receive an additional
amount of 5s. per week : Provided always that if the employer ia
willing and offers to provide suitable lodging for his employee, and
the employee prefers to lodge elsewhere, no allowance shall then
be paid for lodging.
Payment of Wages.
3. Wages shall be paid weekly unless agreed otherwise. Where
no agreement in writing is made fixing the period of notice, then a
notice of not less than forty-eight hours shall be given by either
party of ^ the termination of the service. Employers shall be
entitled to keep in hand two days' pay.
Hours.
4. Each employer shall be entitled to regulate the hours of work
according to the requirements of his business, subject to the follow-
ing conditions : —
Waiters. — The hours for waiters shall not exceed eleven hours'*
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291
work per day, and shall be worked between the hours of 6 a.m.
and 12 midnight, as may be regulated by the employer.
Kitchen. — The hours for cooks and kitchen- hands shall not
exceed eleven hours' work per day, and shall be worked between
the hours of 5 a.m. and 9 p.m., as may be regulated by the em-
ployer.
Porters, — Whether night or day, twelve hours.
Pantrymen, — The hours for pantrymen shall not exceed eleven
hours' work per day, and shall be worked between the hours of
6 a.m. and 9 p.m., as may be regulated by the employer.
Bbstaubants.
5. To persons employed in restaurants the following minimum
weekly wages shall be paid : —