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Full Text of the Agreement.

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Full Text of the Agreement. MEMORANDUM OF AGREEMENT made this 8th day of April, 1910, between the undersigned owners' representatives, duly authorised to act on behalf of the owners of collieries in Monmouthshire and South Wales whose names or titles are set forth in the schedule hereto (hereinafter called "the owners"), of the one part, and the undersigned workmen's represen- tatives, duly authorised to act on behalf of the workmen (excepting enginemen, stokers, and outside fitters) now employed at the collieries of the said owners (herein- after called the workmen "), of the other part, whereby it is mutually agreed as follows — I I.-That a Board of Conciliation shall, be established to determine the general rate of wages to be paid to the workmen and to deal with disputes at the various collieries of the owners, subject to the conditions hereinafter mentioned. 2.—The title of the board shall be The Board of Conciliation for the Coal Trade of Monmouthshire and South Wales," hereinafter called the board." 3.-The board shall consist of 24 duly I authorised owners' representatives and 24 duly authorised representatives of the workmen employed at the collieries of the, owners, and when dealing with questions relating to general advances or general reductions in the rates of wages, also of a chairman from outside who shall not be financially interested in any coal mine in the United Kingdom, and who shall have a casting-vote only. I 4.—The first chairman nf. the board from outside as aforesaid shall be Viscount t. Aldwyn, who is hereinafter called the chairman. The representatives on the board of the owners and workmen respectively shall be appointed and notice of such appointment given to the secretaries on or before the 30th day of April inst. There shall be elected from the members of the board two presidents, one elected by the owners' representatives and the other by the representatives of the work- men. Whenever a vacancy on the board occurs from any cause (except in the office of chairman), such vacancy shall be filled by the body which appointed the y member whose seat has become vacant, but during such vacancy the board may transact the business of the board. Inti- mation of such appointment shall be at once sent to the secretaries. When and so often as the office of chairman becomes vacant the board shall endeavour to elect a chairman, and should they fail to agree, will ask the Lord Chief Justice of Eng- land for the time being, or in case of his refusal the Speaker of the House of Commons, to nominate one. 5.-The parties to this agreement pledge their respective constituents to make every effort possible to avoid difficulties or disputes at the collieries, and in case of any unavoidable difference the owners or their officials, together with their workmen, or their agent or agents, shall endeavour to settle all matters at the collieries, and only in case of failing to effect a settlement shall a written appeal setting forth clearly the facts of the dis- pute and the contention of the parties making the claim be made to the board by either or both of the parties concerned in the dispute to consider the same, and no notice to terminate contracts shall be given by either owners or their workmen before the particular question in dispute shall have been considered by the board and it shall have failed to arrive at an agreement. The board shall have power to refer such questions to a committee, consisting of one or more owners' repre- sentatives and an equal number of work- men's representatives, all of whom shall be members of the board, to consider, and if so directed with power to settle, and in all cases to report to the board either a settlement or a failure to agree within three calendar months from the date of the reference to such committee, and should the board then fail to arrive at on agreement within one month, or any extended period that may be agreed upon by the board. either party may give notice to terminate contracts. Any notices wrongfully given to terminate contracts on any question shall be with- drawn before the board or any commit- tee thereof shall consider such question. Both parties hereby respectively under- take to make every effort possible to secure the loyal observance by the owners and workmen respectively of any award made by representatives of the board on any questions which mav have been referred to them by the board. 6.—Rules of procedure for the conduct of the business of the board are set forth at the end hereof, and the same shall be deemed to be incorporated with and to form part of the agreement. 7.—The mineral to be gotten is clean large coal only, as hereinafter described. The cutting prices to be paid to the collier sholl be the several standard prices prevailing and paid at the collieries of the owners respectively. Such standard cutting price shall be paid upon the weight of the large coal, to be ascertained in the manner herein- after appearing, and includes all services in respect of the small coal necessarily produced in filling the large coal in con- veying it from the working places to the screen at the surface and in the process of screening, that price beinequal to the value of all the services involved in getting such large coal and small coal, and being more than the value of the services rendered in respect of the large coal only. The respective weights of such large coal and small coal for the purpose of Paying the collier shall be ascertained as follows: After each tram of coal is brought to the weighing machine it shall be weighed, and the tare of the tram shall be deducted from the gross weight. The coal, shall then be tipped over the screen in use at the colliery to separate the small coal Passing through the screen from the large coal passing over it. The small coal which shall pass through ^ne screen shall be weighed, and that height shall be deducted from the gross yeight of the coal in the tram in order to ascertain the weights of such large creenedèoal and small coal respectively, and the cutting price paid to the collier Upon the weight of the large screened LO ascertain the weights of such large screened coal and small coal respectively, a*id the cutting price paid to the collier Upon the weight of the large screened £ ?al as aforesaid shall, during the con- wnuance of this agreement, fee deemed to "0 the value of the services rendered in Respect of both the large screened coal and small coal, the weights of which re- spectively (shall be ascertained as afore. said. S.—-It is distinctly understood that Clause 7 in this agreement is not in- tended to change the system of weighing and screening the coal as it at present exists, but the owners shall he at liberty to adopt such improved methods of screening and cleaning as they may con- sider necessary, provided that any methods so adopted shall not in any way prejudicially affect the wage of the work- men. 9.-Clause 7 shall not apply to or alter or in any way interfere with any agree- ments now existing or hereinafter to be made for payment for through and through coal, or where small coal is now separately paid for. 10.—-The board shall, at the meetings held under Rule 6 of the said rules of procedure, determine the general rate of wages to be paid for the three months commencing on the first day of the month following the dates of such meetings: but should neither party desire to vary the rate of wages, the then prevailing rate of wages shall continue until the same shall he varied in accordance with the said rules of procedure. (a) All standard rates and prices shall be the standards known as the stan- dards of December 1879 and 1877 respectively, (bi) The wages payahle, to the workmen shall until the same is advanced or reduced be 50 per cent. above the several rates actually paid at the respective collieries under the stan- dard of December, 1879. (c) During the continuance of this agreement the rate of wages shall subject to sub-section (d) hereof not be less than 35 per cent, above nor more than 60 per cent, above the December 1879 standard of wages paid at the respective collieries. The minimum of 35 per cent. above the December 1879 standard of wages snail, subject to suo-section UJ.) hereof be paid when the average nett selling price of large coal, is at or below 12s. 5d. per ton f.o.b. When the nett selling price of large coal reaches 14s. and does not exceed 14s. 9d. per ton f.o.b., the rate of wages shall, subject to sub-section (d) hereof be 60 per cent. above the rates paid under the standard of December, 1879, and when the nett selling price exceeds 14s. 9d. per ton f.o.b. the workmen shall be entitled to claim advances in the general rate of wages in excess of the 50 per cent. and up to the said maximum of 60 per cent., but in cases of claims to advances above 50 per cent. 50 per cent. shall be taken to be the equivalent of 14s. 9d. per ton f.o.b., and in the case of claims to reductions 50 per cent. shall be taken to be the equivalent of 14s. per ton f.o.b. The average nett selling prices shall be taken for large colliery screened coal delivered f.o.b. at Cardiff, Barry, Newport, Swansea, Port Talbot, and Llanelly. (d) At collieries where the standard or basis upon which wages are now regulated is the rate of wages paid in the year 1877 the percentage pay- able thereat shall be 15 per cent. less than at the collieries where the 1879 standard prefails, and in cases where workmen have hitherto been paid nett rates of wages or fixed or other nercentages whether upon the 1877, 1879 standards, or any other existing standards, they shall con- tinue to be paid such nett rates fixed or other percentages only. 11.—At the collieries under their agree- ment all wages due to the workmen shall be paid once in each fortnight provided that at those- collieries where wages are now paid weekly such practice shall con- tinue in force. 12.—The hours of labour of workmen employed below ground at the said col- lieries respectively shall be such as are authorised by the Coal Mines Regulation Act, 1908, except that such workmen shall not be under any obligation to work the extended hours mentioned in Section 3 (1) of the said Act. and that notwith- standing the limitation of hours to be worked under the said Act no alteration shall be made in the standard rates and prices hitherto paid to such workmen during the continuance of this agreement. 13.- Where payment of six turns for five worked by night has hitherto been paid the same shall continue. As under the said Act no overtime can be worked other than in cases of emergency as defined in Section 1 (sub-section 2) pay- ment for overtime will cease. In cases of dispute as to whether any overtime or extra turns paid previous to the coming into operation of the said Act were in part paid for work done in the workmen s ordinary hours of work, the same shall be referred to a joint committee of the Con- ciliation Board with power to settle, and if the decision is in favour of the work- man it shall date back to the time the dispute is placed on the agenda. In cases of failure to settle, either -side may determine the contracts of the workmen affected by a, month's notice to be given on the first day of the following month. 14.-The owners will not press for double shifts in the face, but shall be given an effective afternoon shift of such number of workmen as are required by the owners for clearance purposes, repairing, double shift in headings and places that require to be pressed on for opening the collieries. "Where six shifts for five are now paid at night the owners shall nay six shifts for five in the afternoon shift, and where six shifts are paid for six shifts worked at night, the owners shall only be re- quired to pay six shifts in the afternoon. 15.-An overlapping shift shall he worked where required by the owners such shift shall start not earlier than six a m. and not later than nine a.m On Saturdays this shift shall start and finish at the same time as the first shift. at the same time as the first shift. Oe The two sides of the board shall unite in procuring an amendment of the Eight Hours Act, making this early starting on Saturday legal. 16.—That where Sundav night shifts are worked they shall be eight-hour shifts, only one shift to be paid. 17.-The mealtime for underground dav-wagemen (day and night) shall be twenty minutes, which shall be so arranged as not to interfere with the haulage and general working of the col- liery; and in the case of all workmen con- nected with the winding whether em- nlrwcd unon the surface or helow ground, the mealtime shall be twenty minutes, and shall be so arranged as to secure the continuous winding of coal without inter- ruption during the shift. 18,—Workmen on the surface engaged in handling the coal shall work half an hour per day beyond the coal winding time, either starting fifteen minutes before coal winding and working fifteen afterwards, or, at the option of the owners, working the half hour aiter winding, it being agreed that the hours of working of such workmen shall be 8* hours per day. The only workmen in- tended to come under the operation of this clause are those who handle the trams between the cage and the tipplers, the screenmen, slag pickers, and wagon- men. Banksmen are excluded. 19.-Where; serious but non-fatal acci- dents occur an agreed number of men (but not more than twenty) to be selected by the management may accompany the injured workmen out of the pit. 20.—No stoppage for funerals shall take place except by arrangement with the management. management. 21.—The workmen shall be entitled to twelve general holidays in each year, which shall include all Bank Holidays and Federation Demonstration Holidays, the dates to be agreed upon by the board, and the workmen's representatives agree that in arranging such holidays they will issue instructions to the workmen re- questing them to resume work imme- diately after such holidays have ter- minated, and will use every effort to see that such instructions are complied with. At any collieries where "Mabon's Day" now exists, the custom of keeping such a holiday shall be forthwith abolished. 22.—The prices to be charged to work- men entitled to house coal for their own domestic purposes shall be the same prices as are fixed to be paid by the award of Sir David Dale, Bart., of the 17th day of July, 1903. 23.—During the continuance of this agreement all notices to terminate indi- vidual contracts on the part of the owners as well as on the part of the work- men shall be given on the first day of any calendar month, and shall terminate upon the last day of the same month, provided that if the first day of any calendar month fall on a Sunday the notice shall be given on the previous Saturday. 24.—Subject as aforesaid) the owners and workmen at the respective collieries shall be bound to observe and fulfil, and shall be subject to all customs, provisions, and conditions existing in December, 1899, at the collieries respectively, and no variation shall be made therein by the owners or workmen except by mutual arrangement at the collieries respectively, or by a decision of the board after a reference thereto in accordance with the provisions of Clause 5 of any proposal for a variation. 25.—Subject to the provisions of Clause 10 (o) hereof nothing in this agreement or in the rules of procedure is to pre- clude either party bringing any matter before the board or independent chair- man which they consider as factors bear- ing upon the general wage question, but any evidence brought forward as to "the selling price of large coal shall be con- fined to the price of large coal delivered f.o.b. at the shipping ports named in Clause 10 (c) hereof in the tlivje calendar months immediately preceding the first day of the month prior to the month in which the meeting is held to consider any proposal to vary the general wage rate. 26.-This agreement shall continue in force from the 1st April, 1910, until the 31st March, 1915, and thenceforth until either party gives to the other three calendar months notice terminating the same, such notice to be given to the secretary of such other party in writing or left at his usual or last known address. Upon the termination of this agreement all contracts of service between the owners respectively and their workmen respectively shall cease. 27.—A copy of this agreement shall be placed in a contract book at each col- liery, which shall be signed by or on behalf of the owners of such colliery, and also by each workman employed thereat as one of the terms of the engagement between the owners and the said work- men. RULES OF PROCEDURE. I.-L-The constituents of the board, i.e., owners' representatives and workmen's representatives, are for brevity herein referred to as the parties." 2.—The meetings of the board shall be held at Cardiff or such other place as the board may from time to time determine. 3.-Each of the parties shall appoint a secretary and shall give notice of such appointment when made, to the other party, and such secretaries shall remain in office until they shall resign or be with- drawn by the parties appointing them. The secretaries or their respective deputies for the time being shall attend all meet- ings of the board and be entitled to take part in the discussion, but they shall have no power to move or second any resolu- tion or vote on any question before the board. 4.—The secretaries shall conjointly con- vene all meetings of the board and recoru the names of the persons present thereat, and at all meetings held under Rule 6 of the rules of procedure full minutes of the proceedings thereof shall be taken under the conjoint supervision of the secre- taries by an official shorthand writer to be mutually agreed on by the parties, which minutes shall be transcribed into duplicate books, and each such book shall be signed by the presidents or other persons presiding at the meeting at which such minutes are confirmed. One of such minute books shall be kept by each of the secretaries, such minutes to be for the private use of the board and not for publication. The secretaries shall also conduct correspondence for their respec- tive parties and conjointly for the board. 5 —The board shall meet once at least in each month for the purpose of dealing with difficulties or disputes arising at the several collieries and referred to in Clauses 5 and 24 of the foregoing agree- ment, and the same shall he dealt with by the board without reference to the chairman. The secretaries shall give to each member of the board seven days notice of the intention to hold any such meeting, and of the business to be tran- sacted thereat, and, except by mutual agreement, no subject shall be considered which has not been placed on the agenda to the notice convening the meeting. 6.—Should there be a desire by either party to vary the rate of wages the board shall meet to consider the same on the tenth day of the months of February, May, August, and November in every year (except when the tenth day of any of the said months falls on a Sunday, when the meeting shall be held on the following day), to determine the general rate of wages to be paid for the three months commencing on the tiist day of the month next following the. date of such meetings. Either party intending to nronose at suclf meeting any altera- tion in the general rate ot wages shall ten days before the said tenth day of the months of February, May, August, and November for holding such meetings, give to the secretary of the other party notice in writing of the proposition intended to be made, and of the grounds thereof, and the "secretaries shall enter such intended proposition and the grounds thereof on the agenda to the notice convening tne meeting. The secretaries shall send to each member of the board seven days' notice of each such, meeting and of the business to be transacted thereat. At all such last-mentioned meeting, the questions to be dealt with thereat shall in the first instance be considered by the board, it -being the desire and intention of the parties to settle any differences which may arise by friendly conference if possible. If the parties on the board cannot agree, then the meeting shall be adjourned for a period not ex- ceeding twelve days, to which adjourned meeting the chairman shall be summoned, and shall attend and preside thereat; when the questions in difference shall be again discussed by the parties, and in the event of their failing to arrive at an agreement with regard thereto, the the chairman, either at such meeting or within five days thereafter, shall give his casting-vote on such questions, and the parties shall be bound thereby. 7.-Both presidents shall preside at all meetings (other than at meetings at which it shall be the duty of the chair- man to preside in accordance with. Clause 6 of these rules), but if either or both of them shall be absent then a member or members of the board shall be elected by the respective parties to preside at such meetings according as such president who shall be absent shall represent the owners or workmen. The president or other persons presiding shall vote as represen- tatives, but shall have no other votes- 8.—All questions submitted to the board shall be stated 'in writing and may be supported by such verbal, documentary, or other evidence, and explanation as either party may submit subject to the approval of the board. 9.-Each party shall pay and defray the expenses of Its own representatives, secretary, and accountant, but the costs and expenses of the chairman, official shorthand writer, joint auditors (if any). and of the stationery, books, printing, and hire of rooms for meeting shall be borne by the respective parties in equal shares. OWNERS' REPPESENTATIVES: The following owners' representatives had authorised their signatures to be attached in their absence, namely Messrs. Joseph Shaw, Hy. Lewis, Walter S. B. Maclaren, and Hugh Watts. W, J. HEPPELL E M. HANN. WM. JKNKINS. W. H. ROUT LEDGE. D A. THOMAS. -J. BOYD HARVEY. D. H. DEAKIN. M. WOLSTENHOLId C H EDEN. DU. HANNAH. THOS. SEYMOUR THOS. GHIFFrTIIS. HY. WM. MARTIN. -JOHN FOX TALL IS. H. E. emEY. c-,( Y -'NT E DAL WM EVANS. ZIEL (Secretary). WORKMEN'S REPRESENTATIVES: W. ABRAHAM. V. HARTSHORN. WM. BRACE. RCREHT JENKINS ALFRED ONIONS. -JAMES MANNING. D WATTS MORG AN W. H. MORGAN. JOHN WILLIAMS J. D. MORGAN. (Swansea). CHAS EDWARDS. J WIN STONE. JOHN DA VIES, JOHN THOMAS. W. E MORGAN. TOM GEORGE. TOM EVANS. TOM HARRIES. BEN DAMES. THOMAS LCCAS. JOHN WILLIAMS ENOCH MOREL. (Merlhyr). GEORGE BARKER. WALTER LEWIS. I WM VYOE. THOS. RICHARDS WM. HARRIES (Secretary). I The schedule referred to in the text of the agreement contains the names of the colliery companies who are, parties to the agreement.

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