18. 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.
WorkTnen unable to earn the Minimum Wage,
19. Any workman who may consider himself from any cause
unable to earn the minimum wage hereby prescribed for the class of
work in which he desires employment may work for and be paid
tsuch lesser rate of wages as shall from time to time be agreed upon
in writing between such workman and a committee consisting of the
president and secretary of the workers' union and the president
and secretary of the employers* union. In default of such agree-
ment being come to, then such wage shall be fixed in writing by the
Chairman of the Conciliation Board for this industrial district* and
iwenty-four hours' notice of the application to such Chairman shall
be given by such workman to the secretary of each of such unions.
CONDITIONS APPLICABLE TO EMPLOYERS OTHER THAN THOSE ABOVE
REFERRED TO.
The following conditions, numbered 20 to 30 (both inclusive),
-shall apply to employers in this industrial district other than those
in the City and Suburbs of Dunedin and Port Chalmers : —
Hours of Work,
20. The week's work shall not exceed forty-eight hours, and
shedl be regulated in accordance with the provisions of *' The Fac-
tories Act, 1901."
Minimum Wages,
21. The following shall be the minimum rates of wages:
OabinetmaJsers, upholsterers, frame-makers, and polishers, Is. dd.
per hour.
Digitized by CjOOQ IC
767
Upholsterers* work shall include all kinds of bedding, and the
planning and laying of new carpets, linoleum, &c., but not the
taking- up and laying-down of old carpets, linoleum, <feo., which is
unskilled labour, and is not within this award.
Improvers,
22. The provisions of clause 3 of this award shall apply to all
employers included in this section of this award.
Wages to all workers shall be paid weekly on the employers'
premises.
Overtime.
23. The provisions of clause 4 of this award shall apply to all
employers included in this section of this award.
Apprentices.
24. The provisions of clauses 5, 6, 7, and 8 of this award shall
apply to all employers included in this section of this award.
Piecework prohibited,
25. No piecework shall be permitted.
Travelling -expenses. Tools y dc,
26. The provisions of clause 10 of this award shall apply to all
employers included in this section of this award.
General,
27. The provisions of clauses 11, 12, 13, and 14 of this award
shall apply to all employers included in this section of this award.
No Discrimination against Unionists,
28. No employer shall discriminate against members of the union,
or shall, in the engagement or dismissal of his hands or in the con-
duct of his business, do anything directly or indirectly for the pur-
pose of injuring the union.
29. 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.
Incompetent Workmen.
30. Any worker who may consider himself from any cause unable
to earn the minimum wage hereby prescribed for the class of work
in which he desires employment may be paid such less wage as
shall be fixed in writing by the Stipendiary Magistrate for the dis-
trict in which he resides. If there shall be an accredited represen-
tative of the union residing in the district in which such worker
shall reside, the Stipendiary Magistrate may, if he thinks fit, require
a notice of such application to be sent to such representative before
he shall determine the worker's application, and such representative
shall be entitled to be heard upon such application. Any worker
whose wage shall have been fixed as aforesaid may work for any
Digitized by CjOOQ IC
768
employer at the wage so fixed for the space of six months, and
thereafter until the expiration of fourteen days from the service
upon him hy the secretary of the union of a notice requiring the
wage of such worker to be again fixed in the manner provided by
this clause, and it shall be the duty of the worker within the said
period of fourteen days to hav« his wages again fixed as aforesaid.
TERM OF AWARD THROUGHOUT THE INDUSTRIAL DISTRICT.
31. This award shall come into operation throughout the indus-
trial district on the 20th day of October, 1902, and shall continue in
force until the 20th day of October, 1904.
In witness whereof the seal of the Court hath been hereto put
and affixed, and the President of the Court hath hereto sec his hand,
this 4th day of October, 1902. t^^^ Cooper, J., President.
Bbabonb for Award.
The conditions in Dunedin and its suburbs do not materially
differ from those in Christchurch and its suburbs so far as this trade
is concerned, and we have made the same award for Dunedin as we
have for Christchurch, with one exception. In Dunedin the week's
work has, with almost all the employers, been a forty-eight-hour
week, while in Christchurch the custom has been to work a forty-six-
hour week. As we have fixed an hourly payment for the workmen
employed in this trade, we have provided that the week's work shall
not exceed forty-eight hours, no sufficient reason having been proved
justifying us in altering the present custom, and the Factories Act,
under which this trade comes, recognising a forty-eight-hour week
in respect of the journeymen working in it. For cabinetmakers,
frame-makers, and polishers we therefore award Is. 3d. per hour,
with the same graduated rate for improvers as we fixed in Christ-
church, and the same provision in reference to the planning and
laying of carpets, &c.
The special reasons v^hich justified us in exempting Timaru from
the Christchurch award do not exist m Invercargill, and the same
conditions which we have fixed for Dunedin we award in relation
to Invercargill, with the exception of preference. The circumstances
do not warrant us in extending preference beyond Dunedin and its
suburbs and Port Chalmers, and we have limited it accordingly.
Theo. Cooper, J., President.
(133.) otago coal-miners f. fortitification railway and
coal company (limited).— enforcement of agreement.
Maxwell (Inspector of Factories), on behalf of the Otago 0>al-
miners' Industrial Union of Workers, v. The Fortification Bail-
way and Coal CJompany (Limited). — Application for the
enforcement of an industrial agreement.
Mr. Fraser, Crown Solicitor, for the Inspector. Mr. Woodhouse
for the company.
Digitized by LjOOQ IC
769
Judgment op the Coubt.
Cooper, J., President: —
The facts of the case are as follow : On the 2nd August, 1901,
the above-named union and the above-named company entered into
an industrial agreement which was duly filed under the provisions
of '*The Industrial Conciliation and Arbitration Act, 1900." This
agreement provided that all ** places " in the mine were to be
balloted for every three months, and the manner in which the
ballot was to be taken was specifically defined. The piecework
tonnage rates were fixed, as also were the yardage rates for head-
ings and stantons. Deficient places were to be worked on shift-
wages, as also were wet places and timbering. Shift- wages were
fixed at lOs. per shift. The agreement contained other general
provisions regulating the position of the workers with the company.
The term of the agreement was stated to be until the 1st day of
December, 1901. Subsection (4) of section 24 of ** The Industrial
Conciliation and Arbitration Act, 1900," provides ** that, notwith-
standing the expiry of the term of the industrial agreement, it shall
continue in force until superseded by another industrial agreement
or by an award of the Court, except where, subject to the provisions
of subsection (2) of section 20, the registration of the industrial
union of workers bound by such agreement has been cancelled."
The agreement made between the parties in this case has not been
superseded by any other industrial agreement or by an award of the
Court, nor has the registration of the union been cancelled. On the
18th January, 1902, the company, without the consent of the union,
made a contract by deed of agreement with Andrew Fibbes, Joseph
Shore, and William Fibbes, under which the contractors agreed to
mine all coal required by the company from the company's mine for
a period of two years computed from the 25th day of January, 1902.
The contractors agreed to find all labour, <fec., and to do and pro-
vide all things necessary for the mining and delivery of the coal,
except such as were in the agreement agreed to be provided by the
company. The company were to supply the haulage and pumping
power, and to pay the wages of the engine-driver, and also to pro-
vide certain specified material and tools. The coal was to be mined
at such places and in such manner as the mine-manager might from
time to time require. The bords were not to exceed 12 ft. in width,
and all work done was to be subject to the approval and absolute
control of the mine-mansiger, who had full power to suspend work
in the mine or any parts of it, and whose decision was to be final.
The company agreed to pay the contractors 5s. per ton for house-
hold coal, and 4s. 6d. per ton for steam coal delivered in accordance
with the contract, and 9d. per ton for dross. On the 27th January
the contractors were placed in possession of the mine, the miners
previously employed were discharged, and some of them were re-
engaged by the contractors on shift-wages. From that time the
mine has been worked by the contractors under the contract above
referred to.
49— Disputes.
Digitized by LjOOQ IC
770
The effect of subsection (4) of section 24 is to keep an industrial
agreement in full force and effect, notwithstanding the expiry of the
term stated in it, until it is superseded by the happening of one or
other of the matters stated in that subsection. In the present case,
therefore, the industrial agreement was in full force, and the union
and the company continued bound by it, notwithstanding the ex-
piration of its nominal term, when the agreement of the
iSth January was made. That agreement was a direct inter-
ruption of the relationship between the union and the company
created by the industrial agreement. The company, by letting the
mine on contract and dismissing the men worlang on piece rates,
broke the agreement to let all '' places *' to the men by ballot ; and
the suggestion that the men might, if they chose to continue work
on shift- wages, be employed by the contractors, and that therefore
the spirit of the agreement has not been violated, is clearly untenable.
The men had agreed to work on definite terms for the company,
and were not under any obligation to accept a different engage-
ment on different terms from a third party. The agreement with
the contractors put it out of the power of the company, so long as
they allowed the contractors to carry on their contract, to perform
the terms of the industrial agreement ; and the company have
therefore committed a clear breach of their agreement with the
union. Mr. White (the chairman of the company) states that the
agreement with the contractors was made by the company in
ignorance or forgetfulness of the effect of the Act. This is no
excuse for a breach of contract or of the law ; and, in fact, Mr. Scott,
secretary of the company, and who was one of the persons execut-
ing the contract, states that he was fully aware of the provisions of
section 24 of the statute. We hold, therefore, that a breach of
agreement has been proved.
We have not sufficient material before us to assess the damages
the union and its members have suffered by reason of this breach.
We think that in such a case as the present the penalty to be
inflicted ought to be, as far as possible, commensurate with the
damage suffered by the party whose rights have been interfered
with ; and, if the parties are unable to agree upon the damages, we
appoint Saturday, the Ist day of November next, at 10.30 a.m., as
the date when we will be prepared to hear evidence from the parties
on the question of damages. The union must have its costs of these
proceedings, and these will be assessed at the same time.
On the 1st November the parties appeared before the Court,
Mr. Fraser appearing for the applicant and Mr. Woodhouse for the
company, and informed the Court that they had agreed that the
sum of £76 was the damage suffered by the union by reason of the
breach of agreement in respect of which the Court gave judgment
on the 28th October, and that the company had agreed to pay that
amount to the union. The Court ordered that the company pay to
the union the sum of £75 as the penalty for such breach of agree-
ment, together with costs. The costs were fixed at £10 lOs., and
Court fees and witnesses' expenses.
Digitized by LjOOQ IC
771
(134.) THE OTAGO DRAPERS' ASSISTANTS DISPUTE.— DECISION.
Cooper, J., President : —
In this dispute the anion have called only four witnesses, one of
whom (Mr. Wingfield) supports the demands in part only, and the
other three (Mr. Guthrie, Mr. Drummond, and Mr. Casey) disapprove
of them, and state that there is no necessity for the intervention of
the Court, and that the conditions at present existing should not at
present he interfered with. Under these circumstances, the Court has
not been placed in possession of any sufficient material on which it
can make an award or regulate the conditions of a trade carried on
in this city and suburbs by a very large number of individual em-
ployers, who, in the aggregate, employ a great number of assistants,
and the present dispute must therefore be struck out. It has been
stated by Mr. Scott that this dispute has been originated by Mr.
Breen, the secretary of the union. Mr. Breen has denied this, and
we give to his denial the same force which we give to Mr. Scott's
assertion. Mr. Breen has, in the conduct of the ca^e this morning,
shown no spirit of hostility or want of courtesy to the employers,
bat has, owing to circumstances of which the Court knows nothing,
been unable to place before the Court sufficient material to enable
it to make an award, and has been therefore unable to prove a case
justifying the intervention of the Court.
Mr. Breen here stated that he had done nothing to foment the
dispute, and was not the paid secretary of the union, nor had he
ever received any payment in connection with the matter.
Mr. Scott then stated that, after hearing Mr. Breen's statement,
he withdrew his remark. He had understood that Mr. Breen wsks
the paid secretary of the union.
The dispute was then struck out.
(135.) OTAGO AND SOUTHLAND DREDOEMEN.-^AWARD.
In the Court of Arbitration of New Zealand, Ocago and Southland
Industrial District. — In the matter of **The Industrial Con-
cihation and Arbitration Act, 1900,'' and its amendment; and
of a dispute between the Otago and Southland Dredgemen's
Industrial Onion of Workers (hereinafter called ** the union ")
and the undermentioned firms, partnerships, and companies
(hereinafter called ** the employers"): C. E. Richards, Secre-
t^ury, Eamscleugh No. 1, Alexandra ; C. E. Richards, Secretary,
Earnscleugh No. 2, Alexandra ; W. Reid, Secretary, Enfield
Dredging Company, Dunedin ; J. J. Gibson, Secretary, Success
Dredging Company, Dunedin ; D. Crawford, Secretary, Four-
teen-mile Beach Company, Dunedin ; H. Parsons, Secretary,
Perry's Dredging Company, Waikaka; C. E. Richards, Secre-
tary, Ngapara No. 3 Dredging Company, Alexandra; J. J.
Woods, Secretary, Reliance Dredging Company, Lawrence;
Secretary of the Golden Rise Dredging Company, Lawrence;
George Neil, Secretary, Patterson's Cardrona Company, Dun-
Digitized by LjOOQ IC
772
edin ; J. E. Hooper, Secretary, Inchholmo Dredging Company,
Dunedin ; J. R. Hooper, Secretary, Inchdale Dredging Com-
pany, Dunedin ; W. B. Brugh, Secretary, Bendigo Dredging
Company, Dunedin ; A. Hamilton, Secretary, Boundary Creek
Dredging Company, Dunedin ; D. Larnach, Secretary, Crom-
well Dredging Company, Dunedin ; R. T. Wheeler, Secretary,
Dunstan Lead Dredging Company, Dunedin ; J. Burton, Secre-
tary, Ladysuiith Dredging Company, Roxburgh ; J. J. Woods,
Secretary, Evans Flat Dredging Company, Lawrence; D.
Leslie, Secretary, Gabriel Dredging Company, Dunedin ; H. F.
Mercer, Secretary, Happy Valley Dredging Company, Dunedin ;
J. J. Gibson, Secretary, Lawrence Dredging Company, Law-
rence; J. J. Woods, Secretary, Tuapeka Dredging Company,
Lawrence ; J. Davie, Secretary, Roxburgh Jubilee Dredging
Company, Dunedin ; H. Schrimpton, Secretary, Molyneux
Kohinoor Dredging Company, Dunedin ; C. W. Brown, Secre-
tary, Belmont Dredging Company, Invercargill; A. J. C.
Brown, Secretary, Earnsoleugh No. 3 Dredging Company,
Dunedin ; J. B. Peterson, Secretary, Charlton Extended
Dredging Company, Gore ; H. Mercer, Secretary, Gold Deposit
Dredging Company, Dunedin; L. G. Reeves, Secretary,
Great Central Dredging Company, Dunedin ; R. A. Mathew-
son, Secretary, Leaning Rock Dredging Company, Dunedin ;
G. Morrison, Secretary, Waitahuna Gully Dredging Company,
Lawrence ; K. S. Ramsay, Secretary, Lady Charlton Dredging
Company, Dunedin ; G. Duncan, Secretary, Lady Cardrona
Dredging Company, Dunedin ; H. Mercer, Secretary, Eia-ora
Dredging Company, Dunedin ; R. T. Wheeler, Secretary, Alex-
andra Lead Dredging Company, Dunedin; C. W. Harvey,
Secretary, Golden Chain Dredging Company, Dunedin ; L. G.
Reeves, Secretary, Golden Glen Dredging Company, Dunedin ;
J. A. Law, Secretary, Golden Horse-shoe Dredging Company,
Dunedin ; G. A, Harlow, Secretary, Gothic Dred<;ing Company,
Dunedin ; R. T. Wheeler, Secretary, Golden Vein Dredging
Company, Dunedin; T. Callender, Secretary, Grand Junction
Dredging Company, Dunedin ; T. S. Paterson, Secretary, Golden
Standard Dredging Company, Dunedin ; H. Mercer, Secretary,
Great Beach Dredging Company, Dunedin ; W. R. Pearson,
Secretary, Cain Lead Hercules Dredging Company, Lawrence ;
J. A. Law, Secretary, Maerewhenua Dredging Company, Dun-
edin ; R. S. Black, Secretary, Vulcan Dredging Company, -Dun-
edin ; J. B. Paterson, Secretary, Royal Waimumu Dredging Com-
pany, Gore ; L. Ryan, Secretary, Molyneux Hydraulic Dredging
Company, Alexandra; N. D. Parcell, Secretary, Monte Christo
Dredging Company, Clyde ; D. Larnach, Secretary, Nevis
Dredging Company, Dunedin ; R. T. Wheeler, Secretary, Sailor's
Bend Dredging Company, Dunedin ; L. Ryan, Secretary, Per-
severance Dredging Company, Alexandra ; L. G. Reeves, Secre-
tary, Paul's Beach Dredging Company, Dunedin; A. S. Fen-
Digitized by LjOOQ IC
773
wiok, Secretary, Otago Dredging Company, Dunedin ; C. S.
Beeves, Secretary, Halfway House Dredging Company, Dim-
edin ; J. Burton, Secretary, Golden Gate Dredging Company,
Roxburgh; A. Hamilton, Secretary, Galvanic Dredging Com-
pany, Dunedin ; E. Trythall, Secretary, Golden Bed Dredging
Company, Dunedin ; J. Burton, Secretary, Golden Treasure
Dredging Company, Roxburgh ; H. Mercer, Secretary, Golden
Falls Dredging Company, Dunedin ; J. J. Ramsay, Secretary,
Golden Gravel Dredging Company, Dunedin ; W. T. Monkman,
Secretary, Kelly and Casey Dredging Company, Dunedin;
C. S. Reeves, Secretary, Enterprise Dredging Company, Dun-
edin ; R. T. Wheeler, Secretary, Bannockbum Dredging Com-
pany, Dunedin ; L. G. Reeves, Secretary, Gibbston Dredging
Company, Dunedin ; J. F. Harper, Secretary, Gold Queen
Dredging Company, Dunedin ; A. Hamilton, Secretary, Golden
Link Dredging Company, Dunedin; R. T. Wheeler, jun..
Secretary, Golden River Dredging Company, Dunedin; A.
Bartleman, Secretary, Hartley and Riley Dredging Com-
pany, Dunedin ; E. Trythall, Secretary, Golden Bea>ch
Dredging Company, Dunedin; T. Callender, Secretary,
Magnetic Dredging Company, Dunedin ; A. Harris, Secre-
tary, Manorburn Dredging Company, Dunedin; R. T.
Wheeler, Secretary, Spec Gully Dredging Company, Dun-
edin ; T. J. McKerrow, Secretary, Teviot Dredging Company,
Dunedin ; R. T. Wheeler, Secretary, Dunback Dredging Com-
pany, Dimedin ; W. R. Cook, Secretary, Charlton Creek Dredg-
ing Company, Dunedin ; G. A. Haorlow, Secretary, Central
Mataura Dredging Company, Dunedin ; A Hamilton, Secretaory,
Waimumu Dredging Company, Dunedin ; H. Mercer, Secretary,
Central Charlton Dredging Company, Dunedin ; J. C. McGregor,
Secretary, Waimumu Central Dredging Company, Dunedinr;
J. B. Paterson, Secretary, Waimumu Queen Dredging Company,
Gore ; R. T. Wheeler, Secretary, Waimumu Extended Dredging
Company, Dunedin ; A. J. C. Brown, Secretary, Inch Valley
Dredging Company, Dunedin ; A. Hamilton, Secretary, Remark-
ables Dredging Company, Dunedin ; A. Hamilton, Secretary
Carrick Dredging Company, Dunedin ; C. E. Richards, Secretary
Success Dredging Company, Alexandra; R. S. Black, Secretary
Lioness Dredging Company, Dunedin ; W. R. Cook, Secretary,
Gibb's Beach Dredging Company, Dunedin ; D. Larnach, Secre
tary, Arrow Junction Dredging Company, Dunedin ; A. J. C
Brown, Secretary, Coal Creek Flat Dredging Company, Dun
edin ; A. Hamilton, Secretary, Moa Flat Dredging Company
Dunedin ; G. B. Watson, Secretary, Globe Dredging Company
Dunedin ; C. W. Harvey, Secretary, Naumai Dredging Company
Dunedin ; H. Mercer, Secretary, Arthur's Point Dredging Com
pany, Dunedin ; A. Bartleman, Secretary, Upper Waipori
Alluvial Dredging Company, Dunedin ; D. Leslie, Secretary, Big
Flat Dredging Company, Dunedin ; M. L. Graham, Secretary,
Digitized by LjOOQ IC
774
Waipori Consolidated Dredging Company, Dunedin ; E. Wheeler,
jun,, Secretary, Cardona No. 1 Dredging Company, Dunedin; A.
Hamilton, Secretary, Alexandra Eureka Dredging Company,
Dunedin ; T. Callender, Secretary, Junction Electric Dredging
Company, Dunedin ; J. Burton, Secretary, Golden Eun Dredg-
ing Company, Eoxburgh ; C. S. Eeeves, Secretary, Central
Electric Dredging Company, Dunedin ; C. S. Eeeves, Secretary*,
Alpine Consols Dredging Company, Dunedin ; T. Callender,
Secretary, Electric Gold-dredging Company, Dunedin; C. S.
Eeeves, Secretary, Alpine No. 2 Dredging Company, Dunedin ;
H. H. Leary, Secretary, Eclipse Dredging Company, Dunedin ;
E. E. Smith, Secretary, Clyde Dredging Company, Dun-
edin ; G. Fache. Secretary, Cairnmuir Dredging Company,
Clyde; G. F. Jeffery, Secretary, Bald Hill Flat Dredging
Company, Dunedin ; H. F. Mercer, Secretary, Sixteen-mile
Beach Dredging Company, Dunedin; C. E. Eichards,
Secretary, Ngapara No. 2 Dredging Company, Alexandra ;
J. H. Thomson, Secretary, Dnity Dred^ng Company, Dunedin ;
S. Crow, Secretary, Sandy Point Dredging Company, Dunedin ;
E. A. Cogan, Secretary, Vincent Dredging Company, Dunedin ;
C. S. Eeeves, Secretary, Upper Magnetic Dredging Company,
Dunedin ; G. L. Eeeves, Secretary, First Chance Dredging Com-
pany, Dunedin ; E. T. Wheeler, Secretary, Shepherd's Creek
Dredging Company, Dunedin ; E. T. Wheeler, Secretary, Second
Magnetic Dredging Company, Dunedin; C. S. Eeeves, Secre-
tary, Vincent Extended Dredging Company, Dunedin ; F. H.
Fulton, Secretary, Morning Star Dredging Company, Dunedin ;
S. E. Brent, Secretary, Olrig Dredging Company, Dunedin ;
E. Trythall, Secretary, Miller's Flat Electric Dredging Com-
pany, Dunedin ; E. Pilling, jun.. Secretary, Merrimac Dredging
Company, Lawrence; W. Pearson, Secretary, Long Valley
Dredging Company, Lawrence ; E. T. Wheeler, Secretary
Metallic Dredging Company, Dunedin ; E. Pilling, jun.. Secre-
tary, Majestic Dredging Company, Lawrence ; A. Hamilton
Secretary, Manuherikia Dredging Company, Dunedin ; E. Pil
ling, jun., Secretary, Meg and Annie Dredging Company, Law
rence ; E. E. Smith, Secretary, Matau Dredging Company,
Dunedin ; E. Gunion, Secretary, Ngapara Dredging Company,
Alexandra; C. E. Eichards, Secretary, Chicago Dredging Com
pany, Alexandra ; J. B. Paterson, Waikaka Queen Dredging
Company, Gore ; J. B. Paterson. Secretary, Waikaka Dredging
Company, Gore ; J. J. Eamsay, Secretary, Premier Waikaka
Dredging Company, Dunedin ; J. Ibbotson, Secretary, Ibbot-
son's Dredging Company, Waikaka ; W. Dobson, Secretary,
Glen-iti Dredging Company, Dunedin ; S. Crow, Secretary,
Waikaka United Dredging Company, Dunedin ; J. J. Eamsay,
Secretary, Patterson's Freehold Dredging Company, Dunedin;
W. Crawford, Secretary, Lilliesleaf Dredging Company, Wai-
kaka ; G. Morrison, Secretary, Woolshed Dredging Company,
Digitized by LjOOQ IC
775
Lawrence ; H. S. Valentine, Secretary, Waipori King Dredging
Company, Dunedin ; John Davie, Secretary, Kawarau Bridge