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136 
Arbitrator awards 15 p. c.
Page 40
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for 30 m.p.h. operating
Norms of 15 per cent for 30 m.p.h. operation has been awarded to drivers employed by Frank Grounds Ltd., Birmingham, by Dr. J. H. Nicholson, an arbitrator appointed by the Minister of Labour. The bonus is to be calculated on the statutory rate, but it will be in addition to the basic wage paid by the company, whether or not this is higher than the statutory rate.
Dr. Nicholson's arbitration was in a dispute between the company and the TGWU, his terms of reference being "to examine and determine the union's claim for a 15 per cent bonus payment in addition to the Road Haulage Wages Council Order rates of pay in return for 30 m.p.h. operation".
Statements were submitted by both parties to the arbitrator before the inq uiry on Janu ary 27. The company sent a copy of their submission to the union, but the TGWU did not reciprocate.
Dr. Nicholson says the 1960 agreement of BRS and the unions for a 15 per cent bonus for 30 m.p.h. working was widely followed elsewhere. Previous to April, 1960, Frank Grounds paid basic rates plus a fluctuating hourly bonus. A strike followed the union's request for the bonus to be merged into the basic rate.
Agreement was reached with the TGWU on April 25, 1960, and the payment of bonuses ceased, rates of pay being increased by 30s. per week. The present difference arose because of conflicting views by the parties as to what was then agreed.
The union argued that "every 'haulier of any substance in the Birmingham district except Frank Grounds Ltd. was now paying 15 per cent for 30 m.p.h. operation". The 30s. increase agreed in 1960, they believed, implemented the settlement of the strike between Frank Grounds and the shop stewards and was not for 30 m.p.h. working.
Frank Grounds offered to accept the claim for a 15 per cent bonus in addition to the RHO rates if 30 m.p.h. working were conceded. They submitted that an award of 15 per cent for 30 m.p.h. operation would be outside the arbitrator's agreed terms of reference because it had already been conceded, and they urged that the matter should be referred back to the parties for negotiation.
This submission was rejected by Dr. Nicholson. The managing director of Frank Grounds, in oral evidence, said that to the best of his recollection 30 m.p.h. operation was referred to when the 1960 agreement was reached. The company was already paying 17 per cent above the RHO rates.