Checkweighing in Various Industries Act, 1919

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SCHEDULES.

FIRST SCHEDULE.

Sections 2 and 7 .

Regulations as to Checking Weights and Testing Estimated Weights applicable to:—

I.—The Production or Manufacture of Iron or Steel.

1. Where the iron or steel produced or manufactured is weighed by the employer on the employer’s premises, the workmen shall be entitled to appoint a checkweigher.

2. Where the iron or steel produced or manufactured is not so weighed, then—

(a) if the weight is calculated according to the weight of the materials used for the production or manufacture of the iron or steel and those materials are weighed on the employer’s premises, the workmen shall be entitled to appoint a checkweigher to check the weighing;

(b) if the weight is calculated in accordance with the capacity of the moulds in which the iron or steel is cast, the employer shall, on being required in the prescribed manner so to do by the workmen, or a majority of them, cause the capacity of the moulds to be periodically tested at such intervals (not being less than fourteen days) and in such manner as, in default of agreement between the employer and the workmen, may be settled by arbitration, and in such case the workmen may appoint a checkweigher to attend at the periodical testing;

(c) if the weight is not so calculated, or if it is so calculated, but such periodical testing of the capacity of moulds is not reasonably practicable or would unreasonably interfere with the manner in which the process of manufacture is conducted, the weight shall be checked in such manner as, in default of agreement between the employer and the workmen, may be settled by arbitration, and, if any dispute arises between the employer and the workmen as to whether such periodical testing of the capacity of moulds as aforesaid is not reasonably practicable or would unreasonably interfere with the manner in which the process of manufacture is conducted, the dispute shall be referred to arbitration.

3. Where in pursuance of the foregoing regulations the weight of ingots is periodically tested, whether by testing the capacity of moulds or otherwise, the wages to be paid to the workmen shall be based on the weight ascertained by the test applied for the purpose until the weight is again tested.

4.—(1) Where the workmen engaged in the manufacture of tin plates from steel bars of a standard weight are paid according to the number of boxes of tin plates of a standard weight and a standard superficial area, the checkweigher appointed for the purpose of checking the weighing of the boxes of tin plates, may, if at any time he has reason to believe that the steel bars being used are of less than the standard weight, require the weight of the steel bars to be tested, and may himself attend at the testing.

(2) The manner in which the weight of steel bars is to be so tested in any works shall be that for the time being in force in the works, being such as may have been agreed upon between the employer and the workmen or, in default of agreement, may have been settled by arbitration.

II.—The Loading or unloading of Goods into or from Vessels.

1. The employer shall, as soon as may be after the information is available, furnish to the workmen or their representative or post up in some place convenient to the workmen a certificate in the prescribed form of the total weight of the goods loaded into or unloaded from the vessel.

2. If the accuracy of the certificate is questioned, the workmen or a majority of the workmen may appoint a representative to inquire into its accuracy, and the employer shall furnish to the representative such information and explanation as he may reasonably require for the purposes of the inquiry, and shall allow him access to all books and documents containing particulars on which the certificate is based.

3. Where workmen are employed by a stevedore, the information to be furnished by the stevedore to the representative of the workmen shall include a statement, signed by the person by whom the stevedore is employed, of the quantities on which the stevedore was paid, which statement such person as aforesaid shall furnish on being required so to do by the stevedore.

4. Where the goods loaded or unloaded are actually weighed by the employer at or near the place where the vessel is loaded or unloaded, the workmen entitled under this section to appoint a representative may instead thereof appoint a checkweigher, and in such case the foregoing regulations shall not apply.

III.—The getting of Chalk and Limestone from Quarries.

1. Where the chalk or limestone gotten is weighed on the premises of the employer, the workmen may appoint a checkweigher. If the right of appointing a checkweigher is not exercised, the workmen in charge of the wagons at the time that they are weighed may themselves check the weighing, and the workmen may appoint a representative to check the tareing of wagons, and the employer shall afford to such workmen and representative the same facilities for checking the weighing and tareing as he is required under this Act to afford to a checkweigher.

2. Where the chalk or limestone is not weighed, but its weight is estimated from the capacity of the wagons into which it is loaded—

(a) all the wagons shall be deemed to be of the same capacity unless the employer divides the wagons into classes, and, if so divided into classes, all wagons of each particular class shall be deemed to be of the same capacity, and the capacity of all the wagons, or, if the wagons are divided into classes, the capacity of all the wagons of each class, shall be published either by being marked on the wagons or by a statement posted up in some conspicuous place on the employer’s premises; and

(b) the workmen shall be entitled to have the capacity of the wagons tested by having such one wagon as they may select or, if the wagons are divided into classes, such one wagon of each class as they may select, weighed full and empty, and may appoint a representative to check the weighing, and the employer shall afford the representative all proper facilities for the purpose;

(c) where the capacity of wagons has been so tested as aforesaid, the workmen shall not be entitled to have the capacity of wagons again tested unless a new class of wagon is introduced;

(d) if at any time any dispute arises between the employer and any workman as to whether a wagon has been filled or not to its capacity, the workman shall have the right to have the wagon load weighed.

3. Where the limestone is not weighed nor its weight calculated on the employer’s premises, but the limestone is weighed by the railway company or other person to whom it is consigned and accounts of the weight so ascertained are furnished to the employer, the employer shall, on being required so to do, allow a representative appointed by the workmen to inspect any such accounts specified in the requisition and received by the employer not more than fourteen days before the requisition is made.

IV.—The Manufacture of Cement and Lime.

1. Where the workmen are paid according to the weight of the clinker or lime produced or handled by them and the clinker or lime is weighed on the employer’s premises, the workmen may appoint a check-weigher. If the right of appointing a checkweigher is not exercised, the workmen in charge of the wagons at the time that they are weighed may themselves check the weighing and require the records of the weighing to be produced to them, and the workmen may appoint a representative to check the tareing of wagons, and the employer shall afford to such workmen and representative the same facilities for checking the weighing and tareing as he is required under this Act to afford to a checkweigher.

2. The tares of wagons shall either be marked on the wagons or posted in some conspicuous place on the employer’s premises.

3.—(1) Where the wages paid to workmen engaged in the manufacture of cement are adjusted from time to time on taking stock of the amount of cement manufactured at the works, the employer shall take stock at intervals of not less than six months, and when stock is so taken shall forthwith inform the workmen of the estimated amount of cement in store. If a majority of the workmen dispute the estimate and it is impracticable to ascertain by weighing or measuring the exact amount of the cement in store, the question in dispute shall be referred to arbitration.

(2) The employer shall also in any such case keep books in which shall be entered—

(a) the amount of cement sold and used in the works;

(b) the amount of wages paid to the packers, if paid according to weight;

(c) the amount of wages paid to the workmen;

(d) the amount of cement ascertained or estimated to be in store when stock is taken;

(e) where substances are added to clinker when it goes into the mill and deductions are made in respect thereof, the amount of such substances bought, used, and in store on any stock-taking;

(f) if any works where the produce of kilns worked by men whose wages are not subject to adjustment is mixed with the produce of kilns worked by men whose wages are subject to adjustment, the weight of material produced in the first-mentioned kilns;

and, in making deductions for the purposes of adjustment, no greater deductions shall be allowed than are justified by the entries in those books.

(3) Whenever stock is taken for the purpose of the adjustment of the wages of any workmen, those workmen shall have a right to appoint a representative with a view to ascertaining whether any addition to or deduction from the wages should be made, and the employer shall furnish to the representative such information and explanation as he may reasonably require for the purpose, and shall allow him access to the books so kept, and the accounts, tallies, and other documents from which such books have been made out.

4. Where workmen engaged in the manufacture of lime are paid according to the weight of the lime produced, and the lime is not weighed nor its weight calculated on the employer’s premises, but the lime is weighed by the railway company or other person to whom it is consigned and accounts of the weight so ascertained are furnished to the employer, the employer shall, on being required so to do, allow a representative appointed by the workmen to inspect any such accounts specified in the requsition and received by the employer not more than fourteen days before the requisition is made.