The Cine Technician (1943 - 1945)

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May— June, 1943 THE CINE-TECHNICIAN 59 12. In so acting Sir Gordon broke no contract and had a perfect legal right to terminate as he did the employment of Mr. Tunwell. 13. The question therefore arises as to whether I can go behind and nullify a perfectly legal action. I am of opinion that I can. The Company have under war-time legislation submitted to arbitration the question whether Mr. Tunwell should be re-instated in their employ. I have to enquire whether a good employer acting with full knowledge of all the relevant facts and all the circumstances and considering the question calmly and judicially would be acting with ordinary consideration and fairness in terminating the employment of a man who had served them well for 14 years. I also have to enquire whether Mr. Tunwell was in all respects acting reasonably towards his good employers, having regard to all the circumstances of the case and his duty to accept an assignment involving danger to himself. 14. I find that further enquiry would have shown that Mr. Tunwell did reasonably anticipate the possibility of his being sent on smaller boats for a time on such expeditions as a Malta convoy or other extremely hazardous work. Being carried on one of His Majesty's ships at the request of the Admiralty it was clearly his duty morally and probably legally to obey the orders of his Senior Naval Officers. If the matter had been more fully discussed it might well have resulted in Sir Gordon settling the matter by agreeing to increase the insurance if it turned out that Mr. Tunwell was required to undertake extra hazardous duties. 15. Further, having regard to the fact that the Admiralty had an agreement with the Newsreel Companies that the cameramen should be properly insured, and to the fact that the only collective bargains between employers and Cine-technicians provides for a cover " of £5,000 for men earning over £10 a week, Mr. Tunwell was not putting forward an unreasonable condition. 16. I NOW THEREFORE MAKE MY AWAHa) AND DECLARE that: Mr. Tunwell shall be re-instated in the employ of Messrs. British Alovietonews Ltd. His re-employment shall date from Monday, May 10th, 1943, upon the same terms and conditions as existed on February 2nd, 1943, and his wages shall start again from May 10th, 1943. (Signed) CHARLES DOUGHTY Witness: (Signed) CHARLES FLEMING. Dated this 4th day of May, 1943. OTHER A.C.T. SUCCESSES Shorts Film Production Sir Charles Doughty, K.C., also acted as independent arbitrator in four disputes between the A.C.T. and the* Association of Short Film Producers. In the first two cases he met A.C.T. 's claim and awarded that two members, former employees of Merton Park Studios, were entitled to payment of salary in lieu of holidays they had not taken before they left the company's employ. The third case concerned the up-grading of a learner. In this the award was against the A.C.T. The fourth claim was for an increased Cost of Living Bonus to technicians engaged in the Shorts Film Industry. Sir Charles Doughty awarded the full studio rate of 6d. a point for adult employees and 3d. a point (against 4d. in the studios) for employees under 21 years of age. The award is retrospective to April 19th. Members have thus obtained a substantial increase. Laboratory Employees Following an application for a substantial wage increase for laboratory members, negotiations have been successfully concluded with the Association of Film Laboratory Employers. As a result all laboratory workers have received retrospective to May 1st an increased Cost of Living Bonus at the studio rate (21/6d. for adults and 14/4d. for employees under 21, an increase of ll/6d. and 9/4d. respectively). Further, an undertaking has been received to negotiate forthwith rates for new grades (such as clerical workers) who are not covered by the present Agreement and to negotiate for a general new 'Agreement for all workers in September of next year. STRAND FILMS MAKERS OF DOCUMENTARY FILMS SINCE 1934