| |
SECOND SCHEDULE.
|
| |
Section 2
.
|
| |
Applied Provisions of the Coal Mines Regulation Acts, 1887 to 1908.
|
| |
(1) Coal Mines Regulation Act, 1887.
|
| |
(50 & 51 Vict. c. 58.)
|
| |
13.—(3) A checkweigher or other representative of the workmen shall not be authorised in any way to impede or interrupt the carrying on of the industry in which the workmen are engaged, or to interfere with the weighing, or with any of the workmen, or with the management of the industry; but shall be authorised only to exercise such powers as are by this Act or by the regulations made thereunder conferred, upon him, and the absence of a checkweigher shall not be a reason for interrupting, or delaying the weighing, but the same shall be done by the person appointed in that behalf by the employer, unless the absent checkweigher had reasonable ground to suppose that the weighing would not be proceeded with: Provided always that nothing in this section shall prevent a checkweigher or other representative of the workmen giving to any workman an account of the material produced, handled, or gotten by him, or information with respect to the weighing, or the weighing machine, or the tareing of the wagons or other vehicles, or with respect to any other matter within the scope of his duties as checkweigher or other representative as aforesaid, so always, nevertheless, that the carrying on of the industry be not interrupted or impeded.
|
| |
(4) If the employer desires the removal of a checkweigher or other representative of the workmen or, in the case of the appointment of a checkweigher or other representative for a temporary purpose, desires that the person so appointed should not be re-appointed as checkweigher or other representative on the ground that he has impeded or interrupted the carrying on of the industry or interfered with the weighing, or with any of the workmen, or with the management of the works, or has at the works to the detriment of the employer done anything beyond exercising such powers as aforesaid, he may complain to a court of summary jurisdiction, who, if of opinion that the employer shows a sufficient primâ facie case, shall call on the checkweigher or other representative to show cause why such an order as is herein-after mentioned should not be made.
|
| |
(5) On the hearing of the case the court shall hear the parties, and, if they think that at the hearing sufficient ground is shown by the employer to justify the making of an order, shall make a summary order for the removal of the checkweigher or other representative or prohibiting him from being again appointed as checkweigher or other representative as the case may require, and he shall thereupon be removed or disqualified from again acting as checkweigher or other representative of the workmen, but in the case of an order for removal without prejudice to the appointment of another checkweigher or representative in his place.
|
| |
(6) The court may in every case make such order as to the costs of the proceedings as the court may think just.
|
| |
• • • • •
|
| |
(8) If the person appointed by the employer to weigh any material impedes or interrupts the checkweigher in the proper discharge of his duties, or improperly interferes with or alters the weighing machine or the tare in order to prevent a correct account being taken of the weighing and tareing, he shall be guilty of an offence against this Act.
|
| |
14.—(1) If a checkweigher or other representative of the workmen has been duly appointed by any class of workmen, and has acted as such, he may recover from any workman of that class his proportion of the checkweigher’s or representative’s wages or recompense, notwithstanding that any of the persons by whom the checkweigher or representative was appointed may have ceased to be and others may have become members of that class since the checkweigher’s or representative’s appointment, any rule of law or equity to the contrary notwithstanding.
|
| |
(2) It shall be lawful for the employer, where the majority of any such class of workmen so agree, to retain the agreed contribution of any member of the class for the checkweigher or other representative, notwithstanding the provisions of the Acts relating to truck, and to pay and account for the same to the checkweigher or other representative.
|
| |
(2) The Coal Mines (Check Weigher) Act, 1894.
|
| |
(57 & 58 Vict. c. 52.)
|
| |
1. If an employer, or any person employed by or acting under the instructions of any such employer, interferes with the appointment of a checkweigher or other representative of the workmen, or refuses to afford proper facilities for the holding of any meeting for the purpose of making such appointment, in any case in which the persons entitled to make the appointment do not possess or are unable to obtain a suitable meeting place, or attempts, whether by threats, bribes, promises, notice of dismissal, or otherwise howsoever, to exercise improper influence in respect of such appointment, or to induce the persons entitled to appoint a checkweigher or other representative, or any of them, not to re-appoint a checkweigher or other representative, or to vote for or against any particular person or class of persons in the appointment of a checkweigher or other representative, the employer shall be guilty of an offence against this Act.
|
| |
(3) The Coal Mines (Weighing of Minerals) Act, 1905.
|
| |
(5 Edw. 7. c. 9.)
|
| |
1.—(1) The power conferred by this Act on workmen to appoint a checkweigher or other representative of the workmen shall include power to appoint a deputy to act in his absence for reasonable cause, and the expressions “checkweigher” and “representative” when used in this Act shall include any such deputy during such absence as aforesaid.
|
| |
• • • • •
|
| |
(4) The facilities to be afforded to a checkweigher under this Act shall include provision for a checkweigher of a sufficient number of weights to test the weighing machine.
|
| |
• • • • •
|
| |
(6) The wages or recompense which a checkweigher or other representative may recover under this Act shall include expenses properly incurred by him in carrying out his work under this Act.
|
