THE SEAMEN’S AWARD.

Gisborne Times, Volume XXVII, Issue 2456, 22 March 1909, Page 6

THE SEAMEN’S AWARD.

ALLEGED BREACH—JUDGMENT FOR UNION CO.

(Press Association.)

WELLINGTON, March 20. In the case preferred bv the Wellington section of the Australasian Federated Seamen’s Industrial Union of Workers against the Union Company for enforcement of award, reserved judgment‘was delivered by Dr. A McArthur, yesterday The Seamen s Union was represented by; Mr loung, and Mr. Kirby acted on-behalf. ot the Union S.S. Company, in. the .statement it was set- out- that M llliain Luiuorust an able, seaman, was employed as a day man on the Maori, and was ienuired to work nine hours, pc day on six working days of tlio week, also to perform certain vorik on Sunday’s. Hie Company refused to pay overtime toi the excess of eight hours worked- on Die six da vs aforesaid, and also for tlie time worked on Sundays. The Company admitted the man was employed from 6am. to 7 a.in. before the Maori, arrived in port, .and that he was engaged while in port during the hours of labor for seamen in port, from 7 a.m. to o p.ni., with two .hours for nieals. He thus worked nine hours on week days a ml. two-hours on Sundays. The Company relied on clauses 6 and 8 of the award. Clause 6 provided, under the heading of “hours of labor at sea, that deck hands ~ shall work “watch and watch of four hours each, or by day work as circumstances require. ' Provision is made in clause S that “between the hours of 6 a.m. and 5 pm. on coastal steamers seamen on watch shall perform any work required of them. Any work performed by them outside these hour's shall be paid for as overtime, writ'll the following exceptions, name (a) work necessary for navigation or safety of the ship ; (b) clearing decks, stowing cargo, gear, etc., for half an hour after leaving port; (c) any worl; necessary for the convenience of passenders." In paragraph 6 it was intended Hurt deck hands when oh watcli could be called upon t-o do woi'k such as shift things or put up weathei screens, etc. The Company coutendec that no other item was paid while the •ship was at sea between the hours o 1 6 a.m. and 5 p.m. As the Maori was at sea, or rather, . not moored, unti. 7 a.m. t-liat day, a man whose time was not fixed by the award came under tin rule of hours from 6 a.m. A seaman on deck, in His_ T\ oi'ship s opinion, was on watch, and as a day man was .admitted to be a seaman oi deck, he must therefore be on watch Surely deck hands included day men Everv deck hand might not be a day man," but every day man, as his TV or ship understood the position, was a decl hand. If this opinion were correct thei the day men came under both clause. 6 and .8, and paragraph of clausi 8 seemed to him eminently applicable to day men. He considered that tin dav man could not be asked to void between G p.m. and 6 a.m. without i being reckoned as overtime, and conse quently there was no fear of their be ing worked as, indicated by Mr. Young Judgment would be for the defen-clan Company.