Dunedin, by agreement between Mr. John C. Seelye and the local
secretary of the union. If no agreement is come to, then such work
shall be done on weekly wages.
Alterations not specially provided for in the said schedule shall
be dealt with in the same manner.
Overtime.
4. Overtime shall be paid to workers in accordance with the
provisions of '* The Factories Act, 1901."
Preference.
5. Members of the union shall have preference of employment.
An employment- book, showing as accurately as possible the names
and addresses of the members of the union for the time being out
of employment in each of the cities of Wellington, Christchurch,
and Dunedin, shall be kept in the local office of the union at Wel-
lington, Christchurch, and Dunedin respectively, and such book
shall be open to the inspection of any employer on each working-
day except Saturday, during the hours of 9 a.m. to 5 p.m., and on
Saturday during the hours of 9 a.m. to noon.
Pressers,
6. The log or schedule of rates and wages for pressers at present
in force shall continue in force, and pressers shall be paid the rates
or wages specified in said log or schedule during the currency of this
award.
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710
Temi of Award.
7. This award ahall come into operation on the 2nd day of June^
1902, and shall continue in force until the 3l8t day of January^
1903.
In witness whereof the seal of the Court hath been put and
affixed, and the President of the Court hath hereto subscribed his
name, the 14th day of May, 1902. Theo. Cooper.
Statement of the Court.
In this matter the main difficulty presented to us is the position
. of the Auckland employers. In order that the question, whether
the Court has power to consider any application to extend the
award to the Auckland employers, notwithstanding the fact that
an industrial agreement has recently been made between the Auck-
land union and these employers, may be tested, the Court has mean-
while made an award substantially based on the old log for a short
time expiring on the 31st January next. This will enable the union
and the employers, if they desire so to do, to apply under section 87
of the Act to the Court to join the Auckland employers, giving, of
course, the thirty days' notice necessary under the Act.
The Court expresses no opinion whatever on. the question
whether the Auckland employers ought or ought not to be joined,,
or whether the Court has power to extend the award to them.
That must be determined, if the application is made, upon a proper
hearing of the Auckland employers.
The Court has in one or two instances altered the present log.
The material alterations made are in respect to slop orders, chart
orders, or other orders, and trousers making and finishing. It is
admitted that these classes of work are not sufficiently paid for, and
therefore in the meantime, and during the currency of this awards
the Court has ordered that one-tenth more shall be paid than is
provided for in the log. It was impossible without experts to make
on these items a fair log, or to generally revise the log throughout.
If this is to be done in the future, and after the expiration of this
award, the Court must be assisted by experts.
The other matters which, in the opinion of the Court, required
revision was in reference to the wages-hands. The Court has
endeavoured to place these hands on a basis (without inter-
fering substantially with the rates paid under the old award)
giving a clearer statement of the definitions of the various hands'
and the rates of wages to be paid to them. The rates now fixed in
each class from the time of the girls entering the business as
apprentices until they attain the position of first-class hands are, in
the opinion of the Court, fair rates.
With reference to overtime, the provisions of section 23 of *' The
Factories Act, 1901," now regulate the payment, which for piece-
work is a minimum amount of not less than one-fourth as much
again as the ordinary rate, and in respect of weekly wages not less
Digitized by LjOOQ IC
711
than 6d. per hour for wages not exceeding lOs. per week, and not
less than 9d. an hour where wages exceed 10s. per week.
The hours of labour must be also those prescribed by the
Factories Act ; and the attention of employers is also called to the
provisions of the Act limiting the time during which, in the case of
women and boys, overtime may be legally worked.
Thbo. Cooper, J., President.
(124.) DUNEDIN SEAMEN.— AWARD (AFFECTING THE COLONY).
In the Court of Arbitration of New Zealand, Otago and Southland
Industrial District. — In the inatter of ** The Industrial Concilia-
tion and Arbitration Act, 19(X)," and of its amendment ; and in
the matter of an industrial dispute between the Dunedin Section
of the New Zealand Branch of the Australasian Federated Sea-
men's Industrial Association of Workers (hereinafter called "the
union") and the Union Steamship Company of New Zealand
(Limited), of Dunedin, and Keith Ramsay, of Dunedin, ship-
owner (hereinafter called ** the employers *').
Thb Court of Arbitration of New Zealand Thereinafter called ** the
Court "), having taken into consideration the matter of the above-
mentioned dispute, and having heard the union by its representa-
tives 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,
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 mem-
ber thereof and upon tbe 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 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, and shall not do anything in con-
travention of this award or of the said terms, conditions, and pro-
visions, but shall in all respects abide by, observe, 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 £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 come into operation on the 1st day of
August, 1902, and shall continue in force until the dlst day of
December, 1903.
Digitized by LjOOQ IC
712
In witness whereof the seal of the Court hath been hereto put
and affixed, and the President of the Court hath hereto set his hand,
this 30th day of June, 1902. Theo. Cooper, J., President.
The Schedule hereinbefore referred to.
Limitation of Atcard.
1. The provisions of the above award and the provisions and con-
ditions contained in this schedule shall bind the shipowners respec-
tively in so far only as respects ships owned or chartered by them
respectively which trade within the limits of the Industrial District
of Otago and Southland, or which trade in some trade one of the
terminal ports of which is within the limits of the said industrial
district.
Wages to be paid.
2. The following shall be the rates of wages which shall be paid
by the shipowners respectively to the men employed by them
respectively, that is to say: Able seamen, £6 lOs. per month;
trimmers, £6 10s. per month ; firemen, £8 lOs. per month ; greasers,
£8 10s. per month; donkey-men. £9 '10s. per month; lamp-
trimmers, £6 10s. per month ; lamp-trimmers and A.B.s, £7 10s.
per month ; boatswains, £7 lOs. per month ; first-class ordinary
seamen, £4 10s. per month ; second-class ordinary seamen, £3 lOs.
per month ; first-class boys, £2 per month ; second-class boys,
£1 10s. per month.
3. All wages to be paid on the first day of each calendar month
or within seven days after, or as soon after the seven days as the
vessel arrives at any port where there is a branch of any bank.
Overtivie.
4. Overtime shall be paid for at the following rates : namely, to
A.B.s, ordinary seamen, trimmers, firemen, and greasers, Is. per
hour; to any of the said men when engaged in trimming coal at
loading-ports. Is. 3d. per hour ; to any of the said men when en-
gaged in boating cargo in roadsteads in the months of January, Feb-
ruary, March, April, September, October, November, and December,
Is. 6d. per hour ; to any of the said men when engaged in boating
cargo in roadsteads in the months of May, June, July, and August,
Is. 9d. per hour; to any of the said men when carrying or stowing
grain in bags in cargo-steamers only. Is. 3d. per hour.
5. Boys shall not be worked overtime.
Hours of Labour at Sea,
6. Deck-hands, watch-and- watch of four hours ea^h.
7. In stoke -hold watches of four hours on and eight hours off.
On small steamers running short trips, and on steamers where only
two firemen, greasers, or trimmers are carried, watch-and- watch of
six hours ; but men employed on six-hour watches shall be paid £1
per month extra.
Digitized by LjOOQ IC
713
8. Between the hours of 5 a.m. and 5 p.m. on intercolonial
streamers, and between the hours of 6 a.m. and 5 p.m. on coastal
steamers, seamen on watch shall perform any work required of
them. Any work performed by them outside these hours shall be
paid for as overtime, with the following exceptions : namely, (a)
work necessary for the navigation or safety.of the ship ; (b) clearing
decks, stowing cargo, gear, <fec., for half an hour after leaving port.
9. Firemen, greasers, and trimmers shall work as required
during their watches.
10. When the watch below is required to do any work otherwise
than what is necessary for the navigation or safety of the ship they
shall be paid overtime.
11. When a steamer is under banked fires night or day, the
whole watch shall, if it be necessary in the opinion of the chief
engineer, remain on duty in the engine-room and stoke-hold, and
perform any necessary duty that may be required in the engine-
room and stoke-hold.
No overtime shall be paid for cleaning tubes.
Ashes shall be discharged by the watch on duty if such work
can be reasonably performed by such watch. If the watch below
are called from their watch below to discharge ashes, either before
arrival at or after leaving port, or during the voyage, they shall be
paid overtime for such work.
•
Hours of Labour in Port,
12. The hours of labour for seamen in all ports, bays, and road-
steads shall be eight — namely, from 7 a.m. to 5 p.m., with two hours
for meals. During the beforementioned hours the seamen shall
work as required.
13. Where three watches are kept, firemen, greasers, and trim-
mers shall give eight hours' work in each twenty-four hours. Any
work beyond this shall be paid for as overtime, or an equivalent
time shall be allowed off in port.
14. When time off is given in lieu of cash payment for overtime
it shall be equivalent to the same in monetary value — that is to say,
seamen and trimmers shall be allowed two hours and a half and fire-
men and greasers two hours off for each hour worked as overtime.
Time off shall be given at the home port or at the place where the
men reside, or, by mutual agreement between the officer and the men,
time off may be given or accepted at places convenient to both
parties. When time off is given by request of any man he shall
provide a substitute, who in all cases must be subject to the ap-
proval of the officer in charge of his department. It shall not
be necessary for men to provide substitutes to fill their places
when time off for overtime is given. Under no circumstances
shall time off be given at sea or on Sundays or holidays. In the
event of men having time off due to them which cannot be con-
veniently given before the end of the month in which it was earned,
it shall be paid for at overtime rates.
Digitized by LjOOQ IC
7U
15. When in port or at anchor in bays or roadsteads the eight
hours shall be between 7 a.m. and 5 p.m. as above, or by sea watches^
as circumstances may require.
16. In vessels where only two firemen, greasers, or trimmers are
carried they shall keep watch-and-watch at sea and in ports, or at
anchor in bays or roadsteads, when required.
17. Sea watches in stokehold on days of sailing and arrival shall
count as portion of the eight hours. This shall apply also to six-
hour watches.
18. Firemen, greasers, and trimmers shall work as required
during their watches.
19. When a steamer arrives in port in the morning and sails
again the same day, the 4 a.m. to 8 a.m. watch on deck shall be al-
lowed a watch below from 8 a.m. till 12 noon, provided that the sea-
men are not allowed to leave the ship unless by express permission
of the chief officer ; and in the event of a ship arriving in port be-
tween 4 a.m. and 8 a.m. the unexpired time of the sea watch is to be
deducted from the watch below between 8 a.m. and 12 noon. In
ports where shore labour is not readily available to relieve the 4 a.m.
to 8 a.m watch, the seamen can be called upon to work between
8 a.m. and 12 noon, and shall be paid overtime for any time worked
between these hours in excess of the unexpired time of the sea watch.
The foregoing clause (19) shall only apply to the time-table
steamers employed in the following trades : viz., (a) Wellington-
Lyttelton ferry service, (b) Wellington-Picton-Nelson, (c) Welling-
ton-Pic ton-Nelson -Westport-Grey mouth, (d) Wellington-Nelson-
New Plymouth-Manukau, (e) coal-boats trading between Westport
or Grey mouth and any ports on the east or west coasts of New
Zealand. /v. ,• • n *
Overtime in Port,
20. Seamen shall be paid overtime for all classes of work per-
formed in any port, bay, or roadstead between the hours of 5 p.m.
and 7 a.m., or during meal-hours, except work necessary for the
safety of the ship.
21. Firemen, greasers, and trimmers shall be paid overtime for
all hours worked in excess of eight hours out of the twenty-four^
except for work necessary for the safety of the ship.
22. Night watch in port shall be from 8 p.m. to 6 a.m.
23. Night-watchmen shall be paid overtime or allowed equi-
valent in time, hour for hour, when given time off.
24. Donkey-men's overtime shall commence from the time when
steam is ordered to be made ready.
25. It shall be optional for married members of the crew to
work overtime at their home port or to go ashore, so long as not
less than one-half of the crew remains on board — the selection,,
when necessary, to be made by the officer in charge.
Overtime oii Sundays and Holidays.
26. When a ship arrives in port after 5 p.m. on the day preced-
ing a Sunday or a holiday, two hours shall be allowed, from 6 a.m.
Digitized by LjOOQ IC
715
to 8 a.m., on the Sunday or holiday for washing decks and decorat-
ing ship without payment of overtime.
27. When a ship arrives in port on a Sunday or a holiday, or
after 5 p.m. on other days, half an hour shall be allowed to land
mails, luggage, or live-stock without payment of overtime.
28. No overtime shall be paid for any work necessary for the
safety of the ship.
29. When a vessel leaves port on a Sunday, having been in
port on the previous day, only those of the orew actually employed
in loading mails, luggage, or cargo shall be allowed overtime at
schedule rates for the time so employed.
30. When a vessel leaves port prior to 6 p.m. on a holiday,,
having been in port the previous day, each man shall be paid not
less than ds. In the event of the men working time that exceeds
38. in value, such excessive time shall be paid to those employed
at schedule rates.
31. When a vessel arrives in port on Sunday and sails again on
the same day, overtime shall be paid to the whole crew for the
time so employed, not exceeding in all 88. and not less than 4s. per
man.
When the crew is required to attend on duty to be employed
on an excursion on any of the holidays stated below, overtime
shall be paid to the whole crew for the time so employed, not being
less than 4s. per man.
Firemen getting up st^am before the ship leaves port shall also
be paid for the time so employed.
32. When a vessel works more than one port on a Sunday or a
holiday, overtime shall only be paid for the time actually employed^
not exceeding in all 8s. and not less than 4s. per man.
Holidays m Port.
33. The following shall be observed as public holidays in port :
New Year's Day, Good Friday, Easter Monday, Labour Day, the
King's Birthday, Christmas Day, and Boxing Diiy.
Should any of the foregoing days fall on a Sunday, the follow-
ing or any other day observed as the holiday shall be given in lieu
thereof.
At sea New Year's Day, Good Friday, and Christmas Day
shall be observed as Sundays.
Sundays or holidays shall not count as time ofiF for keeping
Meal'haiirs in Port.
34. The meal-hours in all ports, bays, or roadsteads shall be
those recognised and customary in the bay, port, or roadstead at
which the vessel happens to be.
When the deck-hands have worked through the meal- hour
recognised by the port they are then employed in, and have to take
their meal after the vessel's departure, the watch on deck shall be
allowed one hour for their meal, and the watch below one hour
overtime at schedule rates.
Digitized by LjOOQ IC
716
When a vessel arrives in port between the hours of 11 a.m. and
12.30 p.m. the deck-hands shall be given one hour for dinner after
the vessel's arrival, providing that time admits. If employed during
any portion of meal-hours, to be paid at schedule overtime rates.
General Clauses,
35. Galley-bunkers shall be filled by firemen and trimmers, and
when required to do so they shall give their assistance in the general
work of the ship.
36. Seamen must, when required, provide themselves with and
wear the uniform (if any) of the service in which they are employed
when on duty.
37. The whole crew must, when required, attend boat and fire
drill without payment of overtime, and must be clean and tidy for
inspection on any day appointed.
38. The shipowner shall allow a sufficient time out of the vessel's
working-hours for one man to clean and keep the men's living-
quarters in a clean and sanitary condition.
Signitig off,
39. Twenty-four hours' notice on either side shall be. the law of
discharge in the port where the ship has drawn out her articles, but
should the ship be laid up at any other port of the Australasian
Colonies the crew may accept their discharge with wages then due,
but shall be entitled to a free passage back to the final port.
Engagements may be determined in the colony at any time after
the ship's arrival at her final port of discharge in the colony con-
sequent on the completion of a round voyage by twenty-four hours'
notice on either side ; all notices to be given to or received from the
master of the ship only. Any man discharged at any place other
than the port at which the articles are drawn out shall be given a
passage back by the first vessel proceeding to the home port or to
the place at which the man shipped ; but should a man be dis-
charged at his own request he shall not be entitled to a passage
back to his port of shipment or to the port where the articles were
drawn out.
Unimi Steavt^hip Company's Benefit Society,
40. It shall not be compulsory for any employee to subscribe to
or become a member of the Union Steamship Company's Mutual
Benefit Society, or any similar society or club instituted by the
Union Steamship Company (Linaited) or any other shipowner.
Any member of the said benefit society may determine his member-
ship at his own option, and such determination shall not act pre-
judicially against the member or members in obtaining employment.
Vessels trading to the Islands.
41. Vessels trading to the islands in the South Pacific, where a
conflict occurs in the observance of Sundays, shall observe the
Sunday of the port, and the same terms and conditions regarding
Digitized by LjOOQ IC
717
overtime as are applicable to Sundays in New Zealand shall apply
10 all crews who are called upon to work on Sunday.
No Discriviination against Unionists.
42. Shipowners in employing labour shall not discriminate
against members of the union, and shall not, in the engagement or
dismissal of men or in the conduct of their business, do anything
directly or indirectly for the purpose of injuring the union.
43. When members of the union and non-members are em-
ployed together there shall be no distinction between them, and both
shall work together in harmony and under the same conditions, and
shall receive equal pay for equal work.
Term of Atvard-
44. This award shall come into operation on the Ist day of
August, 1902, and shall continue in force until the Slst day of
December, 1903.
In witness whereof the seal of the Court hath been hereto put
and affixed, this 30th day of June, 1902, and the President of the
Court hath hereto set his hand. _ _, t t. • ^
Theo. Cooper, J., President.
The Seamen's Dispute.
This dispute is between the seamen of this colony and the
various shipowners throughout New Zealand. Though the claims
are made by two separate unions of the men, the demands are sub-
stantially the same, and are principally for an increase of 10s. per*
month in the wages, and 6d. per hour on the present rate of Is. per
hour for overtime. There are in form separate disputes filed in
each of the three principal industrial districts, and the Court has
heard each dispute in each centre. In addition to the increases
asked for in the rates of pay, a number of other changes have been
asked for by the two unions, the principal of which are the aboli-
tion of watches when the steamers are lying in ports or harbours
under banked fires and the abolition of anchor watches; and when
at sea the abolition of what are known as ** seven-bell meals.** A
great mass of evidence has been taken by the Court in Auckland,
Wellington, and Dunedin, and this has been carefully considered
by us.
The majority of the Court are of opinion that there has not been
shown any such material alteration in the conditions which existed
in 1899, when the last awards were made by this Court, as would
justify the Court in increasing the rates of wages and overtime at
the present time ; and since those awards were made the Federal
tariff has come into existence, and considerable uncertainty exists
as to its ultimate effect on the carrying trade of the colony.
The claims now made by the seamen were very carefully and
fully inquired into by this Court at the former hearing, and a
majority of the Court consider that in the present dispute the
Court ought not to substantially interfere with the last award.
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718
Mr. Slater does not agree with this view, and thinks that the
increase of 10s. should be granted.
As regards the question of banked fires, anchor watches, and
seven-bell meals, the Court is of opinion that it would be unwise, as
well as dangerous, to interfere with the discretion of the responsible
officers of the steamships in the regulation of these or any similar
matters which relate to the precautions which these officers may
from time to time think it necessary to take in regard to the safety
or management of the ship, and has in effect substantially continued
the provisions of the former award. We have made some provision
for the payment of overtime to men who are called from their watch
below to discharge ashes, and have extended the provisions of
olause 20 of the Wellington award of 1899 to boats engaged in the
Westport coal trade, and have also made a slight alteration in the
payment of overtime to men engaged on excursions on stated holi-
days, and have added Boxing Day and Easter Monday to such holi-
days. With regard to the questions of preference and the demand
of the unions for power to their representatives to visit the vessels,
both these matter^ have been twice fully considered by this Court —
in 1897 by the Court under the Presidency of Mr. Justice Williams,
And in 1899 under the Presidency of Mr. Justice Edwards — and a