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10 Managerial L. 1 (1971)

handle is hein.journals/ijlm10 and id is 1 raw text is: BOwATERS UNITED KINGDOM PAPER CO. LTD. v             1
NATIONAL DOCK LABOUR BOARD
COURT OF APPEAL
Davies LJ., Phillimore L.J. and Cairns L.J.
BOWATERS UNITED KINGDOM PAPER CO. LTD.
v. NATIONAL DOCK LABOUR BOARD
November 10, 1970
Docks - Dock work - Waterside manufacturers carrying on loading and unloading
operations from and into ships - Port transport work - Labour scheme
equating port transport work with dock work - Port transport work
not to include work of waterside manufacturers except where work that
of a public wharfinger and/or master lighterman and/or master stevedore
- Whether work carried on within exception - Whether dock work -
Docks and Harbours Act, 1966 (c.28), s.58(1) - Dock Workers (Regulation
of Employment) (Amendment) Order, 1967 (S.I.1967, No. 1252), Sch. 2.
The Docks and Harbours Act, 1966 [which makes employment of persons as
dock workers unlawful unless the employer holds a licence] provides by section
58:
(1). . . 'dock work', in relation to any port, means work which is treated
for the purposes of any labour scheme as dock work at that port .. .
The Dock Workers Employment Scheme, 1967, made by the Minister of Labour
by virtue of the powers conferred upon him by the Dock Workers (Regulation of
Employment) Act, 1946, provides that it is to apply to the port of London and
that at that port it is to apply to the same classes or descriptions of dock work
and dock workers as were included in a scheme made under certain war-time
emergency Orders.
By the war-time Scheme applicable to the Port of London, as amended in 1945:
Port transport work means all work directly connected with the handling
of cargo in or on ship, craft, quay, or warehouse and . . . includes in particular
the unloading at a warehouse of cargo conveyed thereto by any means whatso-
ever and the loading of cargo for conveyance therefrom . .. Port transport work
shall not include work carried out by ... (f) waterside manufacturers (except
where such work is that of a public wharfinger and/or master lighterman and/or
master stevedore).
A dispute arose between waterside manufacturers and the National Dock Labour
Board as to the nature of certain operations which the manufacturers carried on at
a wharf in the Port of London. The work included the discharge of bales of pulp
from ship or barge to railway wagons and the loading of reels of paper into barges
or small coastal vessels. The board contended that the work was that of a master
stevedore within the exception in paragraph (f) of the war-time labour scheme set

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