longshoremen of all classes required from time to time for the efficient operation of the port and to arrange for their recruitment and orderly employment through the central dispatching agency.
(e) When he deems it necessary, to require the longshoremen's association of Halifax to admit to temporary membership such classes of men and in such numbers and for such periods as he may direct or order; provided that men so admitted to temporary membership shall have no right to be regarded as union members beyond the period for which they were so admitted; and also provided that during such period such men shall have no share in or right to benefit from the funds of the association.
(f) To give directions and make orders as to when and under what circumstances ships shall be worked at night or upon holidays.
(g) To appoint such advisory committees as he may deem desirable to advise him upon any general or special phases of loading operations.
(h) To recommend to the Minister of Labour any major changes or improvements in ship loading methods and facilities which may seem expedient.
(i) Subject to the approval of the governor in council, to appoint such other officers, clerks, and other assistants and acquire such office facilities as may be necessary to carry out the duties assigned to him.
4. In the exercise of his powers and authority under this order the controller shall not be restricted by the terms of any contract or agreement made between the shipping and stevedoring companies and the Halifax longshoremen's union other than as the same may relate to wage rates.
5. The controller shall appoint a personnel committee composed of the port loading superintendent, the chief dispatching officer and representatives of the shipping and stevedoring companies and of the Halifax longshoremen's union to divide the present active working personnel of the port into gangs, and to allot bosses to such gangs; and from time to time as directed by the controller to revise such division and allocation.
6. The port loading superintendent shall inspect and supervise the loading operations of the port as a whole, advise the controller and other loading agencies upon technical loading problems, and generally perform such duties as the controller may assign to him.
7. The chief dispatcher, under the supervision and control of the controller, shall administer the central dispatching agency and generally perform such duties as the controller may assign to him.
8. The present practice popularly known as "have-a-look" is hereby abolished and longshoremen shall be called out only at regular calling hours (except in the case of emergency) and in all cases when men have reported for work upon proper call they shall be paid as from the regular hour of call.
9. Whenever a stevedoring or shipping company is loading a number of ships simultaneously it shall have the loading operations of the same under the general supervision of an experienced man of the rank of assistant marine superintendent so far as practicable, in the ratio of one for every three ships.
10. All longshoremen who have heretofore been admitted to temporary membership in the Halifax longshoremen's union under order in council P.C. 744 of 13th January, 1941, and all longshoremen who may hereafter be admitted to temporary membership in the union pursuant to the direction or order of the controller, shall enjoy complete equality with permanent members of the union as to hiring and working privileges.
11. The controller may extend the period of the temporary membership in the union now enjoyed by the longshoremen who have heretofore been admitted into the union pursuant to said order in council P.C. 744 provided the controller deems this desirable as preliminary to the establishment of the central dispatching agency and the new method of hiring referred to in Section 12 of this Order.
12. The present system of daily hiring of individuals working at the site of the work is hereby abolished and there shall be substituted therefor a new system of hiring which, subject to such alterations as the controller may deem expedient, shall embody the following principles.
(a) A central dispatching agency shall be established and shall be administered by the chief dispatcher;
lb) The .present active working personnel of the port shall be divided into fixed gangs with named gang bosses;
(c) Longshoremen shall hereafter be hired in gangs and exclusively through the dispatching agency;
(d) Companies desiring gangs shall notify the dispatching agency at certain fixed hours of the number of gangs required;
(e) The dispatching agency shall keep a roster of gang bosses and shall be responsible for notifying the requisite number of gang bosses upon receipt of such notification from any company.
(f) Upon receipt of such notice from the dispatching agency each gang boss shall be
Questions
responsible for producing his gang at the required time and place; and the members of each gang when notified of work by their gang boss must appear for the work in question under penalty of loss of their dock permits, unless within three days of such failure to appear they give to the chief dispatcher a satisfactory explanation therefor.
(g) The dispatching agency shall call out gangs by some system of rotation designed to ensure equality of work; provided that if the controller considers it feasible the stevedoring companies shall each be given the privilege of calling for a certain number of specified gangs.
(h) Gangs shall be required to work at night when called upon through their bosses by the dispatching agency to do so; but the dispatching agency shall adopt some system of rotation of day and night work designed to ensure the equitable distribution of day and night work so far as practicable.
13. The controller and any person acting for or under his authority shall not be liable to any person for anything done or omitted in the exercise or purported exercise of any power or authority from time to time vested in the controller.
14. All persons, companies, organizations, associations, or agencies directly or indirectly engaged or concerned in ship-loading operations in the port shall in all matters act upon and in accordance with the directions, orders and decisions given or made by the controller under this order.
15. It shall be the duty of the controller to
maintain a record of the suspension pursuant to this order of any existing condition of work established by practice or agreement, and such condition shall be fully restored, if the employees so desire, on the termination of the present war.
16. Any person, company, organization, association or agency as aforesaid who, or which, contravenes or fails to comply with any provision of this order or with any direction, order or decision given or made by the controller under this order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
17. The controller, the port loading superintendent, the chief dispatcher and such other officers, clerks and assistants as may be appointed hereunder shall receive such remuneration as the governor in council may fix.
18. Order in council P.C. 1758 of 9th March, 1942, and order in council P.C. 744 of 13th
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January, 1941, are hereby revoked; and order in council P.C. 1706 of 10th March, 1941, so far as it refers to the appointment of an arbitrator is hereby revoked.
19. This order shall be effective on the first day of May, 1942, except section 1 hereof which shall be effective as of April 13, 1942, and section 12 hereof which shall be effective upon written notice by the controller to the longshoremen's association of Halifax and the chairman of the shipping committee of the Halifax board of trade.
A. D. P. Heeney,
Clerk of the Privy Council.
c. w. TRAIN
