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RAILWAY WAGGONS.
OILSKINS FOR EXAMINERS.
Charge Against Commissioner.
The question whether -car and
waggon examiners employed in the
pits at the Perth railway car sheds
should each be supplied with an oil
skin suit every two years, came be
fore Mr. F. M. L Read, Industrial
Magistrate; in the Perth Industrial
Court yesterday.
The WA. Amalgamated Society of
Railway Employees charged the
Commissioner of Railways with a
breach of Award No. 19 of 1937 in
that he did not supply an oilskin
suit to John McIntosh, car and
waggon examiner, for the years
ended June 30, 1944 and 1945.
Mr. G. F. Keating, for the society,
argued that car and waggon ex
aminers working in the pits at the
Perth car sheds should be supplied
with oilskin suits, notwithstanding
that they were provided by the de
partment with two suits of dun
garees per annum.
Mr. E. B. McKenna, for the Com
missioner, contended that the dun
garees were provided instead of oil
skins.
"After hearing the history and
looking at the award itself," said
the Magistrate, "I do not feel dis
posed to decide the matter off hand.
I will ask the Arbitration Court for
an interpretation as to whether ex
aminers in pits at Perth car sheds
are to be read as dlqtinct and apart
altogether from car and waggon ex
aminers and oilers."
Hoiday Claim.
Another charge laid by the society
against the Commissioner was that
for the period from March 8 to July
10, 1943, at Kalgoorlie, he failed to
grant holidays to Edgar N. Nanki
ville in accordance with two sub
clauses of the award.
Mr. Keating claimed that during
the period in question, and before
Nankiville was notifled that he was
to be placed on the permanent staff,
he was employed as a porter and
was wrongly stood down on vatious
occasions. He contended that in
standing Nanklville down the de
parment broke National Security
Manpower Regulation 14. Nankiville
should have been continuously em
ployed, and the holiday provisions
of the award should have been ap
plied in his case.
Mr. McKenna said the award pro
vided that if a man were employed
for less than six days continuously
he was termed a casual and was paid
10 per cent, extra, but if he got a
week's work or more he was paid
the ordinary rate. Nankiville had
been a grember of a gang and had
been one of many men who were
employed as required. An adjust
ment had been made so as to bring
the pay of Nankiville and others
up to the amounts they would have
received if they had not been stood
down. The department was prepared
to adjust any leave to which Nan
kiville was entitled under the award.
He asked that the case should be
dismissed on the ground that there
was no evidence that Nankiville
had been employed continuously fort
a month or more, as the award pro
vided.
The Magistrate said that in his
opinion the Commissioner, having
paid full time for the period during
which Nankiville could have been em
played for 44 hours a week, was now
estopped from denying that Nanki
ville was continuously employed. He
considered that Nankiville was en
titled to holidays for the period from
March 8 to July 10, 1943.
Mr. McKenna askli that the Mag
istrate impose a fine of £20 so that ant
appeal could be made against the
decision. The Magistrate said he was
prepared to impose a fine of £20 only
because he was requested to do so
to enable an appeal to be made, but
he remarked that such a fine would
be an outrageous penalty for the
offence. He believed there was a Pull
Court judgment bearing upon the
matter, and he would reserve his
decision as to penalty till next
Thursday.
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