National Joint Industrial Council For The Gas Industry

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Amalgamation of Gas Undertakings— Compensation for Loss of Employment.

1. Where an amalgamation (as hereinafter defined) between two or more undertakings has taken place compensation (as hereinafter

determined) shall be payable by the purchasing undertaking to any gasworker who—

(a) has been in the continuous service (as hereinafter defined) of one of the amalgamating undertakings for a period of three or more years immediately preceding the amalgamation; and

(b) has in consequence of such amalgamation suffered loss of employment or diminution of wages, otherwise than on grounds of misconduct, incapacity, or superannuation, provided that the claim of such gasworker is made within a period of five years from the date of the amalgamation.

2.—( a) The compensation payable in cases where a gasworker has suffered loss of employment shall be a total sum of money payable by weekly instalments or otherwise as hereinafter mentioned and calculated in accordance with the following scale:—

(i) Men of or over fifty years of age: Two weeks' pay (as hereinafter defined) for each year of service;

(ii) Men of or over forty-five years of age, but under fifty years of age: One and a-half week's pay (as hereinafter defined) for each year of service;

(iii) Men under forty-five years of age: One week's pay (as hereinafter defined) for each year of service;

(iv) The above compensation shall be paid by weekly instalments, except in special cases when an application may be made for a lump sum payment, and if the undertaking declines to make a lump sum payment then the decision shall rest with the National Joint Industrial Council;

(v) The amount of the weekly instalment to be agreed with the beneficiary of the gas undertaking concerned, but to be at the rate of not less than ten shillings per week;

(vi) In the event of the death of the beneficiary prior to the payment of the full amount to which he is entitled under the scheme, the balance outstanding to be paid to his "dependants" (as defined by the Workmen's Compensation Acts).

( b) Where a gasworker has suffered diminution of wages (otherwise than on grounds of misconduct, incapacity, or superannuation), compensation shall be payable on the above-mentioned scale, but the loss suffered by such gasworker shall be deemed in such case to be his "week's pay."

For example, if a stoker earning, say seventy shillings per week was employed (after and in consequence of an amalgamation of gas undertakings) as a labourer earning fifty shillings per week his loss would be one pound per week, and this sum (viz., one pound) would be deemed to be his "week's pay" for the purposes of compensation under this scheme, so that, if the gasworker were fifty-five years of age and had thirty years' continuous service, he would receive the sum of sixty pounds.

3. Where a gasworker is entitled, otherwise than under this scheme, to receive from the undertaking in whose service he has been any sum or sums of money by way of compensation for loss of employment such sum or sums shall be deducted from the compensation receivable under this scheme.

4. If any gasworker refuses an offer of work within the undertaking for which he is suitable he shall be deemed for the purposes of this scheme not to have suffered any loss of employment.

5. The following phrases in this document contained bear and are intended to bear for the purposes of this scheme the meaning set out hereunder:

(i) "amalgamation" means and includes cases where:

(a) the gas undertakings of existing undertakers are transferred to a new company incorporated for the purpose of such amalgamation; or

(b) one or more undertakings are absorbed by another undertaker.

(ii) "continuous service" includes service in any of His Majesty's Forces during the Great War.

(iii) "week's pay" means the sum payable in respect of a normal working week at plain time rates, inclusive of war wage advances.

6. Any difference of opinion which may arise with regard to the interpretation of this agreement shall be settled by the National Joint Industrial Council for the Gas Industry whose decision shall be final and binding upon the parties concerned."—[ Dr. Burgin.]

The remaining Orders were read, and postponed.

Volume 303: debated on Thursday 4 July 1935