CHECKWEIGHING IN VARIOUS INDUSTRIES ACT 1919

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CHECKWEIGHING IN VARIOUS INDUSTRIES ACT 1919 - SECT 8

Sections 2 and 7.

8. This Act may be cited as the Checkweighing in Various Industries Act, 1919
....

1. Where the iron or steel produced or manufactured is weighed by the employer
on the employer's premises, the workmen shall be entitled to appoint a
checkweigher.

2. Where the iron or steel produced or manufactured is not so weighed then

(a)if the weight is calculated according to the weight of the materials used
for the production or manufacture of the iron or steel and those materials are
weighed on the employer's premises, the workmen shall be entitled to appoint a
checkweigher to check the weighing;

(b)if the weight is calculated in accordance with the capacity of the moulds
in which the iron or steel is cast, the employer shall, on being required in
the prescribed manner so to do by the workmen, or a majority of them, cause
the capacity of the moulds to be periodically tested at such intervals (not
being less than fourteen days) and in such manner as, in default of agreement
between the employer and the workmen, may be settled by arbitration, and in
such case the workmen, may appoint a check weigher to attend at the periodical
testing;

(c)if the weight is not so calculated, or if it is so calculated, but such
periodical testing of the capacity of moulds is not reasonably practicable or
would unreasonably interfere with the manner in which the process of
manufacture is conducted, the weight shall be checked in such manner as, in
default of agreement between the employer and the workmen, may be settled by
arbitration, and, if any dispute arises between the employer and the workmen
as to whether such periodical testing of the capacity of moulds as aforesaid
is not reasonably practicable or would unreasonably interfere with the manner
in which the process of manufacture is conducted, the dispute shall be
referred to arbitration.

3. Where in pursuance of the foregoing regulations the weight of ingots is
periodically tested, whether by testing the capacity of moulds or otherwise,
the wages to be paid to the workmen shall be based on the weight ascertained
by the test applied for the purpose until the weight is again tested.

4.(1) Where the workmen engaged in the manufacture of tin plates from steel
bars of a standard weight are paid according to the number of boxes of tin
plates of a standard weight and a standard superficial area, the checkweigher
appointed for the purpose of checking the weighing of the boxes of tin plates,
may, if at any time he has reason to believe that the steel bars being used
are of less than the standard weight, require the weight of the steel bars to
be tested, and may himself attend at the testing.

(2) The manner in which the weight of steel bars is to be so tested in any
works shall be that for the time being in force in the works, being such as
may have been agreed upon between the employer and the workmen or, in default
of agreement, may have been settled by arbitration.

1. The employer shall, as soon as may be after the information is available,
furnish to the workmen or their representative or post up in some place
convenient to the workmen a certificate in the prescribed form of the total
weight of the goods loaded into or unloaded from the vessel.

2. If the accuracy of the certificate is questioned, the workmen or a majority
of the workmen may appoint a representative to inquire into its accuracy, and
the employer shall furnish to the representative such information and
explanation as he may reasonably require for the purposes of the inquiry, and
shall allow him access to all books and documents containing particulars on
which the certificate is based.

3. Where workmen are employed by a stevedore, the information to be furnished
by the stevedore to the representative of the workmen shall include a
statement, signed by the person by whom the stevedore is employed, of the
quantities on which the stevedore was paid, which statement such person as
aforesaid shall furnish on being required so to do by the stevedore.

4. Where the goods loaded or unloaded are actually weighed by the employer at
or near the place where the vessel is loaded or unloaded, the workmen entitled
under this section to appoint a representative may instead thereof appoint a
checkweigher, and in such case the foregoing regulations shall not apply.

1. Where the chalk or limestone gotten is weighed on the premises of the
employer, the workmen may appoint a checkweigher. If the right of appointing a
checkweigher is not exercised, the workmen in charge of the wagons at the time
that they are weighed may themselves check the weighing, and the workmen may
appoint a representative to check the tareing of wagons, and the employer
shall afford to such workmen and representative the same facilities for
checking the weighing and tareing as he is required under this Act to afford
to a checkweigher.

2. Where the chalk or limestone is not weighed, but its weight is estimated
from the capacity of the wagons into which it is loaded

(a)all the wagons shall be deemed to be of the same capacity unless the
employer divides the wagons into classes, and, if so divided into classes, all
wagons of each particular class shall be deemed to be of the same capacity,
and the capacity of all the wagons, or, if the wagons are divided into
classes, the capacity of all the wagons of each class, shall be published
either by being marked on the wagons or by a statement posted up in some
conspicuous place on the employer's premises; and

(b)the workmen shall be entitled to have the capacity of the wagons tested by
having such one wagon as they may select or, if the wagons are divided into
classes, such one wagon of each class as they may select, weighed full and
empty, and may appoint a representative to check the weighing, and the
employer shall afford the representative all proper facilities for the
purpose;

(c)where the capacity of wagons has been so tested as aforesaid, the workmen
shall not be entitled to have the capacity of wagons again tested unless a new
class of wagon is introduced;

(d)if at any time any dispute arises between the employer and any workman as
to whether a wagon has been filled or not to its capacity, the workman shall
have the right to have the wagon load weighed.

3. Where the limestone is not weighed nor its weight calculated on the
employer's premises, but the limestone is weighed by the railway company or
other person to whom it is consigned and accounts of the weight so ascertained
are furnished to the employer, the employer shall, on being required so to do,
allow a representative appointed by the workmen to inspect any such accounts
specified in the requisition and received by the employer not more than
fourteen days before the requisition is made.

1. Where the workmen are paid according to the weight of the clinker or lime
produced or handled by them and the clinker or lime is weighed on the
employer's premises, the workmen may appoint a checkweigher. If the right of
appointing a checkweigher is not exercised, the workmen in charge of the
wagons at the time that they are weighed may themselves check the weighing and
require the records of the weighing to be produced to them, and the workmen
may appoint a representative to check the tareing of wagons, and the employer
shall afford to such workmen and representative the same facilities for
checking the weighing and tareing as he is required under this Act to afford
to a checkweigher.

2. The tares of wagons shall either be marked on the wagons or posted in some
conspicuous place on the employer's premises.

3.(1) Where the wages paid to workmen engaged in the manufacture of cement are
adjusted from time to time on taking stock of the amount of cement
manufactured at the works, the employer shall take stock at intervals of not
less than six months, and when stock is so taken shall forthwith inform the
workmen of the estimated amount of cement in store. If a majority of the
workmen dispute the estimate and it is impracticable to ascertain by weighing
or measuring the exact amount of the cement in store, the quesion in dispute
shall be referred to arbitration.

(2) The employer shall also in any case keep books in which shall be entered

(a)the amount of cement sold and used in the works;

(b)the amount of wages paid to the packers, if paid according to weight;

(c)the amount of wages paid to the workmen;

(d)the amount of cement ascertained or estimated to be in store when stock is
taken;

(e)where substances are added to clinker when it goes into the mill and
deductions are made in respect thereof, the amount of such substances bought,
used, and in store on any stocktaking;

(f)if any works where the produce of kilns worked by men whose wages are not
subject to adjustment is mixed with the produce of kilns worked by men whose
wages are subject to adjustment, the weight of material produced in the
first-mentioned kilns;

(3) Whenever stock is taken for the purpose of the adjustment of the wages of
any workmen, those workmen shall have a right to appoint a representative with
a view to ascertaining whether any addition to or deduction from the wages
should be made and the employer shall furnish to the representative such
information and explanation as he may reasonably require for the purpose, and
shall allow him access to the books so kept, and the accounts, tallies, and
other documents from which such books have been made out.

4. Where workmen engaged in the manufacture of lime are paid according to the
weight of the lime produced, and the lime is not weighed nor its weight
calculated on the employer's premises, but the lime is weighed by the railway
company or other person to whom it is consigned and accounts of the weight so
ascertained are furnished to the employer, the employer shall, on being
required so to do, allow a representative appointed by the workmen to inspect
any such accounts specified in the requisition and received by the employer
not more than fourteen days before the requisition is made.

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 prima 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.

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 purposes 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.

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.

...

2.(3) 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.

80.(1) Before the Secretary of State makes any regulation under this Act, he
shall publish, in such manner as he may think best adapted for informing
persons affected, notice of the proposal to make the regulations, and of the
place where copies of the draft regulations may be obtained, and of the time
(which shall not be less than twenty-one days) within which any objection made
with respect to the draft regulations by or on behalf of persons affected must
be sent to the Secretary of State.

(2) Every objection must be in writing and state

(a)the draft regulations or portions of draft regulations objected to;

(b)the specific grounds of objection; and

(c)the omissions, additions, or modifications asked for.

(3) The Secretary of State shall consider any objection made by or on behalf
of any persons appearing to him to be affected which is sent to him within the
required time, and he may, if he thinks fit, amend the draft regulations, and
shall then cause the amended draft to be dealt with in like manner as an
original draft.

(4) Where the Secretary of State does not amend or withdraw any draft
regulations to which any objection has been made, then (unless the objection
either is withdrawn or appears to him to be frivolous) he shall, before making
the regulations, direct an inquiry to be held in the manner herein-after
provided.

81.(1) The Secretary of State may appoint a competent person to hold an
inquiry with regard to any draft regulations, and to report to him thereon.

(2) The inquiry shall be held in public, and any objector and any other person
who, in the opinion of the person holding the inquiry, is affected by the
draft regulations, may appear at the inquiry either in person or by counsel,
solicitor, or agent.

(3) The witnesses on the inquiry may, if the person holding it thinks fit, be
examined on oath.

(4) Subject as aforesaid, the inquiry and all proceedings preliminary and
incidental thereto shall be conducted in accordance with rules made by the
Secretary of State.

(5) The fee to be paid to the person holding the inquiry shall be such as the
Secretary of State may direct.

...

84. Regulations made under the foregoing provisions of this Act shall be laid
as soon as possible before both Houses of Parliament and, if either House
within the next forty days after the regulations have been laid before that
House resolve that all or any of the regulations ought to be annulled, the
regulations shall, after the date of the resolution, be of no effect, without
prejudice to the validity of anything done in the meantime thereunder, or to
the making of any new regulations. If one or more of a set of regulations are
annulled, the Secretary of State may, if he thinks fit, withdraw the whole
set.

...

86.(1) Notice of any regulations having been made under the foregoing
provisions of this Act, and of the place where copies of them can be
purchased, shall be published in the London, Edinburgh, and [Belfast]
Gazettes.

...

(6) Regulations for the time being in force under this Act shall be judicially
noticed.
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Northern Irish Legislation

CHECKWEIGHING IN VARIOUS INDUSTRIES ACT 1919 - SECT 8
