S.I. No. 39/1937 - Apprenticeship Act, 1931. Apprenticeship Committee For The Brush and Broom Trade (Confirmation of Rules) Order, 1937.

STATUTORY RULES AND ORDERS. 1937. No. 39.

APPRENTICESHIP ACT, 1931.APPRENTICESHIP COMMITTEE FOR THE BRUSH AND BROOM TRADE (CONFIRMATION OF RULES) ORDER, 1937.

THE APPRENTICESHIP COMMITTEE FOR THE BRUSH AND BROOM TRADE (CONFIRMATION OF RULES) ORDER, 1937, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 27TH DAY OF FEBRUARY, 1937, PURSUANT TO SUB-SECTION (1) OF SECTION 9 of THE APPRENTICESHIP ACT, 1931 .

WHEREAS the Apprenticeship Committee for the Brush and Broom Trade, established in accordance with the Brush and Broom Trade (Constitution of Apprenticeship Committee) Regulations 1935, for the particular trade declared by the Apprenticeship Act (Brush and Broom Trade) Special Order, 1935, to be a designated trade for the purposes of the Apprenticeship Act, 1931 , and in the area constituted by the Apprenticeship Act (Brush and Broom Trade) Apprenticeship District Order, 1935, to be an apprenticeship district for the purposes of such designated trade (namely, the whole of Saorstát Eireann), has, in exercise of the powers conferred on it by Section 8 of the said Act, made the rules set out in the Schedule to this Order, and has submitted the same to the Minister for Industry and Commerce :

AND WHEREAS it is enacted by sub-section (1) of Section 9 of the said Act that the Minister for Industry and Commerce may, in respect of any rule submitted to him by an apprenticeship committee under the said Act, either by order confirm such rule or refuse to confirm such rule :

NOW, THEREFORE, the Minister for Industry and Commerce, in exercise of the powers conferred on him by sub-section (1) of Section 9 of the Apprenticeship Act, 1931 , and of every and any other power him in this behalf enabling, hereby orders as follows, that is to say :—

1. This Order may be cited for all purposes as the Apprenticeship Committee for the Brush and Broom Trade (Confirmation of Rules) Order, 1937.

2. The rules set out in the Schedule to this Order are hereby confirmed.

3. The rules set out in the Schedule to this Order shall come into force on the 15th day of March, 1937.

By Order of the Minister for Industry and Commerce.

Dated this 27th day of February, 1937.

(Signed) JOHN LEYDON,

Secretary,

Department of Industry and Commerce.

SCHEDULE.

RULES MADE BY THE APPRENTICESHIP COMMITTEE FOR THE BRUSH AND BROOM TRADE ON THE 17th DAY OF NOVEMBER, 1936.

PART I.—RULES APPLICABLE TO APPRENTICES EMPLOYED IN BRANCHES OF THE TRADE OTHER THAN THE TWIG-MAKING BRANCH.

SECTION 1.—APPRENTICESHIP CLASSIFICATION RULES.

The Committee declare that employment in Branches of the Trade other than the Twig-Making Branch of each class of persons specified hereunder, in the manner specified, shall constitute employment by way of apprenticeship in the Trade :—

MALE APPRENTICES.

Male employees who have not completed the period of employment indicated in Section II of this Part of this Schedule, and who are employed in one or more of the following branches of work :

(a) " Pan, " (b) " Hairs, " (c) " Finishing, " i.e., the work of all wood-workers employed in finishing or part-finishing brushes or brooms by hand or machine, ( d ) " Boring," (e) the manufacture of Painting, Whitewash, Tar, or Medical Brushes, ( f ) the manufacture or part manufacture of stocks for brushes or brooms, or of handles for brushes, (g) the hackling, cutting or combing of bass or fibre used in the manufacture of brushes or brooms.

FEMALE APPRENTICES.

Female employees who have not completed the period of employment indicated in Section II of this Part of this Schedule, and who are employed in one or more of the following branches of work :

(h) " Drawing, " (i) " Polishing, " ( j ) " Machine Boring, " (k) " Machine Filling, " (l) the manufacture of Varnish, Medical, and Wire-Twisted Brushes.

SECTION II.—RULES REGULATING THE PERIOD OF APPRENTICESHIP.

The Committee specify the period of employment by way of apprenticeship in Branches of the Trade other than the Twig Making Branch as being :—

(a) Five years in the case of Male Employees.

(b) Three years in the case of Female Employees.

Provided that—

(i) There shall be included in the calculation of the specified period of employment any period prior to the date on which these Rules become effective during which the employee concerned was employed in one or more of the branches of work specified in Section I of this Part of this Schedule.

(ii) An employer may employ an apprentice on first employment in the Trade for a probationary period not exceeding eight weeks.

(iii) The Rules regulating the period of apprenticeship shall not apply in relation to such probationary period unless the employment of the apprentice in the Trade continues or is resumed thereafter,

(iv) The other Rules indicated in this Part of this Schedule shall apply during and in relation to such probationary period.

SECTION III.—RULES REGULATING MINIMUM RATES OF WAGES.

The Committee specify hereunder the minimum rates of wages (other than wages for overtime) to be paid to persons employed by way of apprenticeship in Branches of the Trade other than the Twig-Making Branch :—

MALE APPRENTICES.

(1) Minimum Time-Rates.

The minimum rates to be paid to Male Apprentices employed on time-work shall be equivalent during the first three years of the period of apprenticeship to one-half, during the fourth year of the period to seven-twelfths, and during the fifth year of the period to two-thirds, of the General Minimum Time-Rates specified, in Schedule I, Part I, Section I, of the Notice B.B. (N. 57), dated 13th December, 1935, issued by the Brush and Broom Trade Board.

Provided that the minimum rates to be paid to Male Apprentices of 22 years of age and over employed on time-work shall be rates equivalent to the General Minimum Time-Rates specified in Schedule I, Part I, Section I, of the Notice referred to.

(2) Minimum Piece-Rates.

The minimum rates to be paid to Male Apprentices employed on piece-work shall be equivalent, during the first three years of the period of apprenticeship to one-half, during the fourth year of the period to seven-twelfths, and during the fifth year of the period to two-thirds, of the General Minimum Piece-Rates specified in Schedule I, Part II, of the Notice B.B. (N. 57), dated 13th December, 1935, issued by the Brush and Broom Trade Board.

Provided that the minimum rates to be paid to Male Apprentices of 22 years of age and over employed on piece-work shall be rates equivalent to the General Minimum Piece-Rates specified in Schedule I, Part II, of the Notice referred to.

(3) Basic Rates for Piece-Work.

Male Apprentices who are employed on piece-work to which specific piece-rates are not applicable under the Determinations of the Brush and Broom Trade Board shall be entitled to receive for each process or operation performed by them a piece-rate equivalent, during the first three years of the period of apprenticeship to one-half, during the fourth year of the period to seven-twelfths, and during the fifth year of the period to two-thirds, of such piece-rate as would yield, in the circumstances of the case, to an ordinary worker of the class specified in Schedule I, Part I, Section I, of the above-mentioned Notice, not less than the General Minimum Time-Rate payable to such worker.

Provided that Male Apprentices of 22 years of age and over who are employed on piece-work to which specific piece-rates are not applicable shall be entitled to receive for each process or operation performed by them a piece-rate equivalent to such piece-rate as would yield, in the circumstances of the case, to an ordinary worker of the class specified in Schedule I, Part I, Section I, of the above-mentioned Notice not less than the General Minimum Time-Rate payable to such worker.

In determining such piece-rate, calculations shall be based on the earnings of an ordinary worker, i.e., a worker of ordinary skill and experience employed in similar circumstances on such operation or process, and not on the earning of apprentices, infirm workers, or other workers of greater or less than ordinary skill and experience.

(4) General Proviso to Paragraphs (1), (2) and (3) above.

(a) The minimum rates of wages specified for Male Apprentices in Paragraphs (1), (2) and (3) above shall apply subject to the proviso that during the first four months of employment by way of apprenticeship, and during the first three months of employment by way of apprenticeship in a Branch of the Trade other than that in which the period of apprenticeship was commenced, Male Apprentices shall receive, per week of 48 hours, or 40 hours, as the case may be, rates of wages equivalent to the Guaranteed Time-Rates specified in Schedule I, Part III, Section I, of the Notice B.B. (N. 57), dated 13th December, 1935, issued by the Brush and Broom Trade Board, and the payment of these rates shall be subject to the same conditions as apply to the payment of the Guaranteed Time-Rates referred to.

(b) The Minimum Rates of Wages payable to Male Apprentices in the above-mentioned Branches of the Trade shall be subject to variation in accordance with a variation in the " Cost of Living Figure " in the same manner, and under the same conditions, as specified in the Notice B.B. (N. 57), dated 13th December, 1935, issued by the Brush and Broom Trade Board.

FEMALE APPRENTICES.

(1) Minimum Time-Rates. The minimum rates to be paid to Female Apprentices employed on time-work shall be equivalent to the General Minimum Time-Rates specified in Schedule II, Part I, of the Notice B.B. (N. 57), dated 13th December, 1935, issued by the Brush and Broom Trade Board.

(2) Minimum Piece-Rates and Basic Rates for Piece-Work.

The minimum rates to be paid to Female Apprentices employed on piece-work shall be rates equivalent, during the first year of the period of apprentice ship to one-half, during the second year of the period to seven-twelfths, and during the third year of the period to three-fourths, of the General Minimum Piece-Rates specified in Schedule II, Part III, of the Notice B.B. (N. 57), dated 13th December, 1935, issued by the Brush and Broom Trade Board, or where no specific piece-rates are applicable to the piece-work on which the apprentice is engaged, of piece-rates which would yield, in the circumstances of the case, to an ordinary worker, not less than the rates set out in Schedule II, Part II, of the above-mentioned Notice.

In determining such piece-rate, calculations shall be based on the earnings of an ordinary worker, i.e., a worker of ordinary skill and experience, employed in similar circumstances on such operation or process, and not on the earnings of apprentices, infirm workers, or other workers of greater or less than ordinary skill and experience.

(3) Guaranteed Time-Rates.

For the purpose of securing to Female Apprentices employed on piece-work a minimum rate of remuneration on a time-work basis, such apprentices shall be entitled to receive, as minimum rates of wages, the rates set out in Schedule II, Part I, of the Notice B.B. (N. 57) dated 13th December, 1935, issued by the Brush and Broom Trade Board.

(4) General Proviso to Paragraphs (1), (2) and (3) above.

The minimum rates of wages payable to Female Apprentices in the above-mentioned Branches of the Trade shall be subject to variation in accordance with a variation in the " Cost of Living Figure " in the same manner, and under the same conditions, as specified in the Notice B.B. (N. 57), dated 13th December, 1935, issued by the Brush and Broom Trade Board.

SECTION IV.—RULES REGULATING MAXIMUM HOURS OF WORK.

The Committee prescribe 48 hours as being the maximum number of hours (exclusive of overtime) which may be worked in any week by persons of 18 years of age and over employed by way of apprenticeship in any Branch of the Trade other than the Twig-Making Branch, and 40 hours as being the maximum number of hours (exclusive of overtime) which may be worked in any week by persons similarly employed whose age is less than 18 years.

SECTION V.—RULES REGULATING THE NUMBER OF APPRENTICES.

The Committee fix in relation to each employer carrying on any Branch of the Trade other than the Twig-Making Branch, and specified in a list of such employers from time to time prepared by the Committee, the number of Apprentices which the Committee consider should be employed by each such employer in such Branch of the Trade, as follows :—

(1) One Male Apprentice to six other Male Workers employed in one or more of the Branches of work specified in Section I of this Part of this Schedule, and who have been so employed for not less than five years.

(2) One Female Apprentice to two other Female Workers employed in one or more of the Branches of work specified in Section I of this Part of this Schedule.

Provided that the number of male or female workers (other than Apprentices) to be taken into calculation for the purposes of these Rules shall be the average weekly number of such workers, as above defined, employed by such employer during a period of 52 weeks ending on the date on which the Apprentice concerned is taken into his employment, or ending on the date notified by the Committee to such employer as that to which an order made by the Committee under Section 21 (1) of the Apprenticeship Act, 1931 , relates.

SECTION VI.—RULES REGULATING APPRENTICESHIP PREMIUMS.

The Committee prohibit the taking by any employer of any fee, premium, or other consideration in respect of the employment of any person by way of apprenticeship in any Branch of the Trade other than the Twig-Making Branch.

PART II.—RULES APPLICABLE TO APPRENTICES EMPLOYED IN TWIG-MAKING BRANCH OF THE TRADE.

SECTION I.—APPRENTICESHIP CLASSIFICATION RULES.

The Committee declare that employment in the Twig-Making Branch of the Trade of the class of persons specified hereunder, in the manner specified, shall constitute employment by way of apprenticeship in the Trade :—

Male employees who have not completed the appropriate period of employment indicated in Section II of this Part of this Schedule, and who are employed during the whole or a substantial part of the hours of work in performing either or both of the operations of " Winding " and " Stitching. "

SECTION II.—RULES REGULATING THE PERIOD OF APPRENTICESHIP.

The Committee specify the period of employment by way of apprenticeship in the Twig-Making Branch of the Trade as being five years.

Provided that—

(i) There shall be included in the calculation of the specified period of five years any period prior to the date on which these Rules become effective during which the employee concerned was employed on either or both of the specified operations.

(ii) An employer may employ an apprentice on his first employment in the Trade for a probationary period not exceeding eight weeks.

(iii) The Rules regulating the period of apprenticeship shall not apply in relation to such probationary period unless the employment of the apprentice in the Trade continues or is resumed thereafter.

(iv) The other Rules indicated in this Part of this Schedule shall apply during and in relation to such probationary period.

SECTION III.—RULES REGULATING MINIMUM RATES OF WAGES.

The minimum rates of wages to be paid to persons employed by way of apprenticeship in the Twig-Making Branch of the Trade shall be as indicated hereunder :—

(1) Minimum Time-Rates.

The minimum rates of wages (other than wages for overtime) to be paid to apprentices employed on time-work shall be as follows :—

During any part of the appropriate period of apprenticeship other than the final year rates equivalent to one-half of the General Minimum Time Rates specified in Part I, Section I, of the Schedule to the Notice B.B. (N. 58), dated 2nd December, 1935, issued by the Brush and Broom Trade Board, and during the final year of the appropriate period of apprenticeship rates equivalent to two-thirds of the General Minimum Time Rates so specified.

Provided that the minimum rates of wages to be paid to apprentices of 22 years of age and over employed on time-work shall be rates equivalent to the General Minimum Time-Rates specified in Part I, Section I of the Schedule referred to.

(2) Minimum Piece-Rates.

The minimum rates of wages (other than wages for overtime) to be paid to apprentices employed on piece-work shall be as follows :—

During any part of the appropriate period of apprenticeship other than the final year rates equivalent to one-half of the General Minimum Piece-Rates specified in Part II of the Schedule to the Notice B.B. (N. 58), dated 2nd December, 1935, issued by the Brush and Broom Trade Board, and during the final year of the appropriate period of apprenticeship rates equivalent to two-thirds of the General Minimum Piece-Rates so specified.

Provided that the minimum rates of wages to be paid to apprentices of 22 years of age and over employed on piece-work shall be rates equivalent to the General Minimum Piece-Rates specified in Part II of the Schedule referred to.

(3) Variation of Minimum Rates in accordance with variation in Cost of Living Figure.

The minimum rates of wages payable to apprentices in the Twig-Making Branch of the Trade shall be subject to variation in accordance with a variation in the " Cost of Living Figure " in the same manner, and under the same conditions, as specified in the Notice B.B. (N. 58), dated 2nd December, 1935, issued by the Brush and Broom Trade Board.

SECTION IV.—RULES REGULATING MAXIMUM HOURS OF WORK.

The Committee prescribe 48 hours as being the maximum number of hours (exclusive of overtime) which may be worked in any week by persons of 18 years of age and over employed by way of apprenticeship in the Twig-Making Branch of the Trade, and 40 hours as being the maximum number of hours (exclusive of overtime) which may be worked in any week by persons similarly employed whose age is less than 18 years.

SECTION V.—RULES REGULATING THE NUMBER OF APPRENTICES.

The Committee fix in relation to each employer carrying on the Twig-Making Branch of the Trade, and specified in a list of such employers from time to time prepared by the Committee, the number of Apprentices which the Committee consider should be employed by each such employer in that Branch, as follows :—

One Apprentice to four other Male Workers employed by such employer on either or both of the operations of " Winding " and " Stitching, " and who have been so employed for not less than five years.

Provided that the number of male workers (other than apprentices) to be taken into calculation for the purposes of these Rules shall be the average weekly number of such persons, as above defined, employed by such employer during a period of 52 weeks ending on the date on which the apprentice concerned is taken into his employment, or ending on the date notified by the Committee to such employer as that to which an order made by the Committee under the provisions of Section 21 (1) of the Apprenticeship Act 1931 , relates.

SECTION VI.—RULES REGULATING APPRENTICESHIP PREMIUMS.

The Committee prohibit the taking by any employer of any fee, premium, or other consideration in respect of the employment of any person by way of apprenticeship in the Twig-Making Branch of the Trade.

PART III.—DEFINITION OF TRADE.

The Brush and Broom Trade is defined in the Schedule to the Apprenticeship Act (Brush and Broom Trade) Special Order, 1935, as being :—

The manufacture of brushes (other than feather brushes) or brooms, including the following operations where all or any of them are carried on in association with or in conjunction with the manufacture of such brushes or brooms—

(a) the drafting, dressing or mixing of bass, whisk or similar fibres, or animal bristles or hair and the working of wood, bone, ivory or celluloid ;

(b) all finishing, warehousing, packing or other operations incidental to or appertaining to the manufacture of such brushes or brooms ;

but excluding the following operations :—

The sawing and turning of wood as a preliminary operation to the manufacture of such brushes or brooms ; the making of metal parts and the mounting of brushes with metal or tortoise-shell backs.

PART IV.—GENERAL.

(1) It is provided by Section 37 of the Apprenticeship Act, 1931 , that :—

Whenever rules made by an Apprenticeship Committee for a Trade-Board Trade are for the time being in force, the provisions of the Trade Boards Acts, 1909 and 1918, in relation to any matter the subject of such rules shall cease to have effect in the district of such Committee.

(2) The expression " Trade-Board Trade " is defined in the Apprenticeship Act, 1931 , as meaning a trade in respect of which a Trade-Board, established under the Trade Boards Acts, 1909 and 1918, is for the time being in existence.