New Zealand. Dept. of Labour.

Awards, agreements, orders, etc., made under the Industrial ..., Volume 3 online

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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 per-
son or party in respect thereof. And the Court doth further order
that this award shall take effect from the 29th day of March, 1902,
and shall continue in force until the 29th day of March, 1904.

In witness whereof the seal of the Court hath been hereto put
and affixed, and the President of the Court hath hereunto set his
hand, this 15th day of March, 1902.

Theo. Cooper, J., President.



The Schedule hereinbefoke referred to.
Hours of Labour,

1. The working-hours shall be eight hours per day or forty- eight
hours per week, and the times for beginning work in each mill shall
be in accordance with the practices observed by each employer at
the date of the coming into operation of this award.

2. The foregoing limits of working-hours shall not apply to any
workers employed in getting up steam for the machinery in the
respective mills of the employers, or in making preparations for the
ordinary daily work for such mills.

Overtime,

3. Overtime shall, subject to the provision of clause 2 hereof, be
paid at the rate of time and a quarter. Double time shall be paid
for work done on Christmas Day, Good Friday, and Sundays. If
the overtime worked is for the purpose of repairing any breakdown
in the machinery, necessarily causing the stoppage of the mill, only
ordinary rates shall be paid therefor.

Minimum Wages.

4. The minimum rate of wages to be paid to workers shall be as
follows : —



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Per Day.


s.


d.


10


6


10





9





9


6


9





9





8





8






701



To breast sawyer who keeps two saws and top saw
„ one saw „

„ no saw „

To big-bench sawyer who keeps bottom and top saw

„ no saw

To middle- bench tailer-out
To third- bench „

To big-bench tailer-out
To first- class machinist who can and does make

his own knives and irons ... ... ... 10

To second-class machinist who does not make his

own knives and irons ... ... ... 90

To third-class machinist for first twelve months of

working machine... ... ... ... 8

To third-class certificated engineer who may be re-
quired to do other work ... ... ... 90

To second-class engine-diiver who may be required

to do other work ... ... ... ... 8

To drivers of locomotives whilst employed in

driving ... ... ... ... ... 10

To bushmen, shoe-men, log-trolley men, and

stokers ... ... ... ... ... 9

To tramway-men ... ... ... ... 8

To unskilled labourers, such as slab-men, assistant

henchmen, and yard- workers ... ... 7 6

To boys sixteen years of age (an advance of Is per

day to be made for every year over sixteen

years) ... ... ... ... ... 8 6

To yard-men (yard-man to be man who is in charge of

yard), per calendar month, £10 10s. Only one such to

be recognised in each yard.
To bullock-drivers, per calendar month, £10.
Yard-men and bullock-drivers to be the only monthly men, and
only men to receive pay for holidays.

Incompetent Workmen.
6. Any workman who, on account of youth, infirmity, or old
age, or for any other reason, may consider himself incapable of
earning the minimum wage hereby fixed shall be paid such lesa
sum as shall from time to time be agreed upon in writing between
such workman and the president or secretary of the union ; and, in
default of such agreement, as shall from time to time be fixed in
writing by the Chairman of the Conciliation Board for the industrial
district, or by some fit person nominated by the Chairman ; such
wage to be fixed upon the application of the workman upon twenty-
four hours' notice to the secretary of the union, who shall have an
opportunity of being heard by the Chairman or his delegate. The
present Chairman of the Board is hereby authorised to nominate



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702

and appoint in writing such delegate to act generally under this
<)lau8e during the term of this award. Such nomination and
iippointment to be filed with the Clerk of Awards for this industrial
-district on or before the 22nd day of March, 1902, and notice
thereof to be given to the secretary of the union. If such appoint-
ment shall not be made by the present Chairman of the Board,
such appointment may be made by the Chairman for the time being
of the Board. If the delegate for the time being so appointed as
aforesaid shall decline to act, then the Chairman for the time being
of the Board may, as occasion arises, appoint some other fit person
to act as such delegate. In such case the appointment is to be filed
with the Clerk of Awards for the district, and notice thereof is to be
-given to the secretary of the union.

No Discrimination against Unionists.

6. No employer shall discriminate against members of the union,
nor shall, in the engagement or dismissal of workmen or in the
•conduct of his business, do anything directly or indirectly for the
purpose of injuring the union. When members of the union and
non-members are employed together there shall be no distinction
between members and non-members, and both shall work together
in harmony and under the same conditions, and shall receive equal
pay for equal work.

Payment of Wages.

7. Wages shall be paid in cash before the 8th day of each
month.

Term of Award,

8. This award shall take effect from the 29th day of March,
1902, and shall continue in force until the 29th 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
15th day of March, 1902. Thbo. Coopbu, J., President.



Bbasons for Award.

In this matter an agreement has been entered into between the
^eater number of sawmillers in Southland fixing the hours of labour
^uid the rate of wages. A copy of this agreement has been filed in
the office of the Clerk of Awards in Dunedin. The statute requires,
however, that a duplicate original shall be filed, and, to avoid any
difficulty arising in future from the want of a strict compliance with
the Act, we have incorporated in the award the schedule of rates
agreed upon, and the hours of labour, and the periods when wages
are to be paid, as agreed upon. A few employers have not signed
the agreement, and the matter was consequently referred to the
Board of Conciliation, all the employers, both those who had signed
and those who had not signed, having been cited as parties.

The Board of Conciliation have recommended that all employers
-ought to be brought under the terms of the agreement. At the



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703

hearing before this Court three employers in the Owako and Glen-
omaru district appeared and objected to the rates of pay prescribed
under che agreement.

After hearing their evidence we are of opinion that not suflQcient
ground has been shown for differentiating between those employers
and the great number of other employers who have agreed to the
rates set out in the agreement. It would be manifestly unfair to fix
one scale for one set of employers carrying on the same industry in
substantially the same loccdities and another rate for the three mill-
owners who have refused to a^gree with the majority, and the fact
that those employers who employ 90 per cent, of the number of men
engaged in this industry agree that the scheduled rate of wages in
the agreement is the fair ruling rate is sufficient ground for deter-
mining that the rate shall apply also to the dissentient mill-owners.
It is the ruling rate recognised throughout the district, and paid to
all but fifty or sixty of the men employed.

The total number of men employed was stated to the Court at
between five hundred and fifty and six hundred. We have in the
award provided for overtime rates at time and a quarter for over-
time worked on ordinary days, and double rates for time worked on
Christmas Day, Good Friday, and Sundays, with a provision that if
the overtime worked is for repairing breakdowns in the machinery,
necessarily causing the stoppage of the mill, only ordinary rates are
to be paid. We have also introduced the provisions of ** The
Factories Act, 1901,'* providing that the hours of labour limited by
the award shall not apply to those workers employed in getting up
steam for the machinery in the respective mills of the employers, or
in making preparations for the ordinary daily work of the mills.

The proviso to subsection (3) of section 22 of '* The Factories
Act, 1901,'* settling the mode of calculation of overtime for persons
employed in bush sawmills engaged solely at logging, breaJcing
dovm, and sawing rough timber, is a statutory enactment, and is
unaffected by our award.

We have also introduced the usual clause providing for fixing a
lower rate to incompetent workmen ; and, with regard to preference,
we are of opinion that the clause in the agreement providing that
preference of employment shall be given to union men if they are
as suitable as non-union men is practicallv unworkable. Men are
continually changing in these country mills. The mills are them-
selves scattered over a wide space of country throughout the Pro-
vincial District of Southland, and it is practically impossible for the
union to keep lists of the men from time to time out of work in con-
venient places suitable for each mill-owner. It would be imposing
much too great a restriction upon employers to compel them in all
cases to communicate with the union officials in Invercargill for the
purpose of ascertaining whether the men they wished to employ
were unionists or not. We therefore think that the conditions here
of this industry do not justify the inclusion of the preference clauses,
and we have therefore inserted the usual clauses settled bv this



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704

Court) where preference is not given — namely, that employers shall
not discriminate between unionists and non-unionists, but the men
shall work in harmony together, and receive equal pay for equal
work. Theo. Cooper, J., President.



(122.) OTAGO BRICKMAKERS.— RECOMMENDATIONS.
In the Otago and Southland Industrial District. — In the matter of
*' The Industrial Conciliation and Arbitration Act, 1900"; and
in the matter of a dispute between the Otago Brickmakers*^
Industrial Union of Workers and the undermentioned master
brickmakers : Thomas Todd and Sons, Waikiwi ; AUandale Coal
Company, Shag Point ; Anderson Bay Brick, Tile, and Stone
Company (Limited) ; T. W. and A. Buxton, Makarewa; Samp-
son Buxton, Brown's ; William Cottee. Waimate ; James Fibery^
Tisbury : George Goodwin, Niagara; G. and W. Gore, 36, Cum-
berland Street South ; Walter Hales, Queenstown ; William
Halsey, Fairfield; William Hamilton, jun., Milton; Thomas
Hodgkinson, Makarewa; John Horscraft, Evansdale ; Invercar-
gill Brick and Tile Company (Limited), Don Street, Invercargill ;
J. Edmond Jones, Milton ; George Jones, Milton ; Thomas
Jones, Longbush; James McBride, Main Road, North-east
Valley ; J. McSkimming and Son, Stirling; Phillip Miller, Wai-
kiwi ; Ernest South, Fairfield ; C. Meyer and Sons, Waikiwi ;
William Parker, Alexandra ; John Norton, Pukerau ; Oxenbridge
Bros., Tisbury ; C. and W. Shiels, Caversham ; Rockyside Brick-
works, Caversham (J. Hobbs, manager) ; Shag Point Coal Com-
pany, 2, Vogel Street ; Robert West, Fairfield.

The Conciliation Board for the Industrial District of Ota^o and
Southland, having received the necessary proofs establishing its
jurisdiction in the above matter, and having heard the parties and
their evidence, and having carefully inquired into the said dispute,
recommends as follows : —

That the parties to the said dispute enter into an industrial
agreement for a period commencing after the expiry of one month
from the fihng hereof, and enduring until the 1st day of April,
1904 ; the agreement to contain the following provisions : —

1. A week's work shall consist of forty-eight hours, save during
the months of June, July, and August, when it shall consist of
forty-four hours. The daily hours shall be regulated according to
the custom of each establishment, and in case of difference shall be
settled as a detail dispute. These hours shall not apply to burners,
who are to work twelve-hour shifts through the week while the
burning is going on.

2. The following minimum wages shall be paid for competent
men : (a) Competent burners capable of working as labourers,
£2 10s. per week ; (h) setters, Is. per hour ; (c) drawers. Is. per
hour ; (d) oif-bearers and temperers, lO^d. per hour ; (c) competent
labourers, 10^. per hour.



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705

3. Men employed at other than their ordinary work are to be
paid according to the rate applicable to such employment.

4. Boys may be employed at work which they are competent to
perform at wages to be agreed upon between the union and the
employer, or, failing such agreement, to be settled by the Chairman
of the Board.

5. Wages are to be paid fortnightly, and when a man is dis-
charged he is to be paid his whole earnings at once.

6. The following holidays are allowed, viz. : New Year's Day,
Good Friday, Easter Monday, King's Birthday, Labour Day, Prince
oi Wales' Birthday, Christmas Day, and Boxing Day. Overtime
for holidays to be paid for at the following rates : For Sunday, Good
Friday, and Christmas Day, time and a half ; and for other holi-
days, time and a quarter. The Sunday overtime rate does not
apply to burners.

7. For overtime beyond the stated hours time-and-a-quarter
rate shall be paid for the first two hours, and thereafter time and a
half. Each day shall stand alone for the purpose of reckoning
overtime.

8. Any employee not capable, by reason of old age, youth, in-
firmity, or other incapacity, of earning the minimum wage fixed for
his class, and wishing to have employment or retain his present
employment, shall apply to the Industrial Union of Workers for a
permit to work for such less rate of pay as shall be agreed upon
between the chairman or secretary of the said union and the em-
ployer from whom employment is sought, or, should they be unable
to agree, at such rate as shall be fixed by the Chairman of the
Conciliation Board ; such permit shall in the first instance be for
six months, but thereafter it shall continue in force until cancelled
or amended by agreement or by order of the Chairman of the Board
made on the application of either party.

9. All detail disputes respecting matters arising out of this
agreement shall be settled by agreement with the secretary or presi-
dent of the union, or, upon failure so to settle them, shall be referred
to the Chairman of the Board, whose decision shall be final.

Dated this 18th day of April, 1902.

Fredk. Chapman, Chairman.



The Board has given a great deal of time and attention to the
consideration of this dispute, and has taken a large amount of evi-
dence. The evidence is in many respects unsatisfactory'. It appears
to the Board, on the whole, that each branch of the work in a brick-
yard where bricks are made by machinery may be learned by an
intelligent labourer in a comparatively short time. The work is,
however, in some respects hard on the men employed. The rates
fixed are generally those fixed in the district for somewhat specially
skilled day-labourers. There is evidence that in the country men
slightly less capable may be obtained at 6s. and 6s. 6d. These men

45 — Disputes.



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706

would be entitled to apply under clause 8 to be allowed to work at
lower than the standard minimum until (in the case of young men)
they have become fully competent.

There was evidence before the Board that in one yard men who
were disabled by accident or bodily defect from working as com-
petent labourers proved to be capable of acting as burners. From
its own observation of this occupation the Board see that this is
quite possible. Such men also are entitled to come under clause 8.

As to some of the classes covered by the claim there was no
evidence whatever. As to them the Board has no recommenda-
tion.

No case has been made out for preference to members of the
union.



(123.) OTAGO TAILORESSES —AWARD.
In the Court of Arbitration of New Zealand, Otago and Southland
Industrial District. — In the matter of ** The Industrial Concilia-
tion and Arbitration Act, 1900," and of ** The Industrial Con-
ciliation and Arbitration Act Amendment Act, 1901" ; and in the
matter of an industrial dispute between the New Zealand Fede-
rated Tailoresses* and other Clothing Trade Employees' Union
(hereinafter called '* the union ") and the New Zealand Cloth-
ing Manufacturers* Association (hereinafter called *' the em-
ployers ").
Thb 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 union by its representa-
tives duly appointed, and having also heard the employers 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
«ach and every of them, the terms, conditions, and provisions set
out in the schedule hereto and of this award shall be binding on the
union and upon every member thereof and upon the employers and
upon each and every of them, and 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, furthei:, that the
union and every member thereof and the employers and eftoh and
■every of them shall respectively do, observe, and perform every
matter and thing by this award and by the said terms, conditions,
a,nd 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 respects
abide by, observe, and perform the same. And the Court doth hereby
Award, order, and declare that any breach of the said terms, condi-
tions, and provisions set out in the schedule shall constitute a
breach of this award, and that the sum of £100 shall be the



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707

XDaximam penalty payable by any person or party in respect
thereof. And the Court doth further order that this award shall
take effect from the 2nd day of June, 1902, and shall continue in
force until the 31st day of January, 1903.

In witness thereof the seal of the Court hath hereto been put and
affixed, and the President hath hereto subscribed his name (the time
ior making this award having been first duly extended by this Court
.until the 15th day of May, 1902), this 14th day of May, 1902.

Theo. Cooper. J., President.



The SoHBDuiiB hereinbefore referred to.
1. The log or schedule of prices for factories dated the 7th June,
1898, signed by Ada F. Whitehorn on behalf of the union, and
Peter Hercus on behalf of the association (see Vol. i., p. 357), shall
he the prices payable for piecework and the rates of wages for
weekly wages, with the following alterations and modifications : —

Coats.
Sacs, second and first class : The four pockets referred to in the
said log or schedule of prices shall be defined as three outside
pockets and one inside pocket.

Slop Orders^ Chart Orders, or other Orders,

Pieceworkers employed on these orders shall be paid one-tenth
more than the prices set forth in the said log or schedule for such
work.

Trousers Making and Finishing,

Pieceworkers employed in trousers making and finishing shall
be paid one-tenth more than the prices set forth in the said log or
schedule for such work. Such additional price shall not, however,
^pply to extras.

Weekly Wages,

The paragraph -*' Weekly wages for makers shall be on the same
scale as machinists " in the said schedule under the head ** Weekly
wages" is struck out, and in lieu thereof the following scale of
Avages is fixed : —

Coat-mahers, — First-class makers, £1 5s. per week ; second-class
^oat-makers, £1 per week; third-class coat-makers, 17s. 6d. per
week.

A first-class coat-maker is one who has served her time and who
can make per week fifteen stock first-class sacs, lined, five pockets,
padded shoulders, flaps, or welts.

A second-class coat-maker is one who has served her time and
who can make per week twelve stock first-class sacs, as above
mentioned.

A third-class coat- maker is one who has served her time and
who can make per week ten stock first-class sacs, as above de-
scribed.



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708

All other hands who have served their time and have not become
able to make per week at least ten stock first-class sacs as above
described, 15s. per week.

Vest-makers. — First-class vest-makers, £1 5s. per week ; second-
class vest-makers, £1 per week ; third-class vest-makers, 17s. 6d.
per week.

A first-class vest-maker is one who has served her time and who
can make per week thirty-three stock S.B. vests, without collars,
linings felled.

A second-class vest-maker is one who has served her time and
who can make per week twenty-seven S.B. vests, without collar,
linings felled.

A third-class vest-maker is one who has served her time and
who can make per week thirty-three stock S.B. vests, without
collar, linings felled.

All other hands who have served their time and have not become
able to make per week at least twenty-three S.B. vests as above
described shall be paid as follows : For the first four months
after the expiration of the term of apprenticeship, 12s. 6d. per
week ; thereafter, until they qualify as third-class hands, 158. per
week.

Trousers Makers and Finisliers. — First-class hand, £1 58. per
week ; second-class hand, £1 per week ; third-class hand, 15s. per
week,

A first-class hand shall be rated as such by agreement between
herself and employer.

A second-class hand shall be one who has served her time and
afterwards, eithet continuously or with intervals, worked m tailoring
for a full period of six calendar months.

A third-class hand shall be one who has served her time and
who has afterwards, either continuously or with intervals, worked
in tailoring for a full period of three calendar months.

Other hands who have completed their term of apprenticesliip
shall be paid for the first three months thereafter 12s. 6d. per week.

Apprentices.

The proportion of apprentices to operatives shall hereafter and
during the operation of this award be as follows : Coat-making,
one apprentice to three operatives ; aH other departments, one
apprentice to four operatives.

Term of Apprentices hi2). — Coat-making, two years ; vest-making,
one year ; trousers-making, one year ; trousers-finishing, one year ;
coat-n)achining, two years ; vest-machiuing, one year ; trouser-
machining, one year ; mole-machining, one year.

Wages j^ay able to Apprentices : Coat-njaking and coat-machining,
first six montlis, 5s. per week ; second six months, 78. 6d. per week ;
third six months, 10s. per week ; fourtli six months, 12s. 6d. per
week. Vest-making and vest-machining : First four months, 5s. per
week ; second four months, 73. 6d. per week ; third four months,



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709

lOs. per week. Trouser- making, trouser- machining, trouser-
finishing, and mole- machining : First four months, 58. per week ;
second four months, 7s. 6d. per week ; third four months, 10s.
per week.

The above provisions for apprentices shall be in lieu of the pro-
visions for apprentices contained in the said schedule, and shall
apply to all apprentices whose term of apprenticeship shall at the
time of the coming into operation of this award be unexpired, as
well as to those hereafter apprenticed.

General Glauses.

1. Every employer employing workers to execute work by piece-
work or on weekly wages or as apprentices shall, from the time of *
the coming into operation of this award, pay to such worker the
rates specified in the said log or schedule as altered and amended
by the special provisions of this award.

2. All work is to be given out fully trimmed, and all material is
to be provided by the employer.

3. Rates for any work not provided for in the said log or sche-
dule are to be arranged as follows : In Wellington, by agreement
between Mr. Heeles, manager of the Wellington Woollen Company,
and the local secretary of the union ; in Christchurch, by agreement
between Mr, Peter Hercus and the local secretary of the union ; in



Online LibraryNew Zealand. Dept. of LabourAwards, agreements, orders, etc., made under the Industrial ..., Volume 3 → online text (page 80 of 95)