S.I. No. 224/1972 - Employment Regulation Order (Brush and Broom Joint Labour Committee), 1972.


S.I. No. 224 of 1972.

EMPLOYMENT REGULATION ORDER (BRUSH AND BROOM JOINT LABOUR COMMITTEE), 1972.

WHEREAS the Labour Court (hereinafter called "the Court") pursuant to the provisions of section 43 of the Industrial Relations Act, 1946 (hereinafter called "the Act"), made Employment Regulation Order (Brush and Broom Joint Labour Committee), 1960 ( S.I. No. 205 of 1960 ) (hereinafter called "the Principal Order") fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Brush and Broom Joint Labour Committee (hereinafter called "the Committee") operates;

AND WHEREAS the Court pursuant to the same section of the Act also made Employment Regulation Order (Brush and Broom Joint Labour Committee), 1971 dated the 23rd November, 1971 ( S.I. No. 309 of 1971 ), (hereinafter called "the Amending Order");

AND WHEREAS the Committee has submitted to the Court a proposal for revoking the Amending Order;

AND WHEREAS the Committee has also submitted to the Court the proposals set out in the Schedule hereto for fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Committee operates;

AND WHEREAS the provisions of section 43 of the Act have been complied with;

NOW, THEREFORE, the Court in exercise of the powers conferred on it by section 43 of the Act hereby orders as follows:—

1. This order may be cited as the Employment Regulation Order (Brush and Broom Joint Labour Committee), 1972.

2. Effect is hereby given to the proposals set out in the Schedules hereto.

3. The provisions set out in the Schedules hereto shall have effect as from the 22nd day of September, 1972 and as from that date the Amending Order shall be revoked and the Principal Order shall be amended in the manner indicated in Schedules I, II and III.

SCHEDULE I.

PART I.

BRUSH AND BROOM BRANCH.

SECTION I.—General Minimum Time-Rates for Male Workers.

Per Hour Pence

(a) For Male Workers employed on operations as specified in Section 1 of Schedule I to the Principal Order. ..

53·3

(b) Male Workers engaged in the manufacture of Bass Brooms by machine .. .. .. .. .. ..

56·0

SECTION II.—For Male Workers other than those specified in Section I above:

Workers of 21 years of age and over .. .. .. ..

51·4

  ,, ,,20 and under 21 years of age

36·4

  ,, ,,19 ,,  ,, 20 ,, ,, ,,

31·7

  ,, ,,18 ,,  ,, 19 ,, ,, ,,

24·0

  ,, ,,17 ,,  ,, 16 ,, ,, ,,

22·3

  ,, ,,16 ,,  ,, 15 ,, ,, ,,

16·7

  ,, ,,15 ,,  ,, 14 ,, ,, ,,

14·5

Workers under 15 years of age .. .. .. ..

12·2

PART II

BRUSH AND BROOM BRANCH.

GENERAL MINIMUM PIECE-RATES FOR MALE WORKERS.

The General Minimum Piece Rates for male workers employed on the operations specified in Part II of the 1960 Order shall be the rates set out therein with an addition of 355·5 per cent, plus a further addition of 11·9p per hour.

PART III

BRUSH AND BROOM BRANCH.

GENERAL MINIMUM TIME-RATES FOR FEMALE WORKERS.

Per Hour Pence

SECTION I.—For Female Workers engaged in the manufacture of Bass Brooms .. .. .. .. .. .. ..

48·0

SECTION II.—For Female Workers employed in the manufacture of Artists' or Medical Brushes .. .. .. .. ..

46·2

SECTION III.—For Female Workers other than those specified in Section I above:

Female Workers of 18 years of age and over .. ..

37·4

  ,,   ,,  ,,17½ and under 18 years of age

26·7

  ,,   ,,  ,,17 ,, ,,  17½ ,, ,, ,,

22·6

  ,,   ,,  ,,16½ ,, ,,  17  ,, ,, ,,

21·9

  ,,   ,,  ,,16 ,, ,,  16½ ,, ,, ,,

20·7

  ,,   ,,  ,,15½ ,, ,,  16  ,, ,, ,,

18·2

  ,,   ,,  ,,15 ,, ,, 15½,, ,, ,,

16·6

  ,,   ,,  ,,14½ ,,  ,, 15 ,, ,, ,,

15·7

  ,,   ,, under 14½ years of age

14·1

Provided that in the case of any Female Worker who enters the trade for the first time at or over the age of 16 years and who is employed on time-work, the General Minimum Time-Rates payable during the worker's first twelve months' employment shall be the respective General Minimum Time-Rates appropriate to a worker in the immediate junior age group as set out above, in lieu of the rates otherwise applicable.

PART IV.

BRUSH AND BROOM BRANCH.

PIECE WORK BASIS TIME-RATES FOR FEMALE WORKERS.

Per Hour Pence

SECTION I.—For Female Workers employed in the manufacture of Artists' or Medical Brushes .. .. .. .. ..

48·3

SECTION II.—For Female Workers other than those specified in Section I above .. .. .. .. .. .. ..

39·4

NOTE:—The Piece Work Basis Time-Rate is for the purpose of securing that in the case of Female Workers employed on Piece-Work (other than Piece Work for which General Minimum Piece-Rates have been fixed) each piece rate shall be such as would yield in the circumstances of the case, to an ORDINARY worker not less than the appropriate rate per hour. In determining whether any piece-rate satisfies this condition, regard must be had to the earnings of ordinary workers, i.e. workers of ordinary skill and experience in the class of work in question and not to the earnings of workers of less than ordinary skill and experience, e.g., learners and infirm workers.

PART V.

BRUSH AND BROOM BRANCH.

GUARANTEED TIME-RATES FOR FEMALE WORKERS.

Per Hour Pence

Female Workers of 18 years of age and over .. ..

35·0

  ,,   ,, ,, 17½and under 18 years of age

25·9

  ,,   ,, ,, 17  ,, ,,  17½ ,, ,, ,,

22·7

  ,,   ,, ,, 16½ ,, ,,  17  ,, ,, ,,

22·4

  ,,   ,, ,, 16  ,,  ,, 16½,, ,, ,,

20·6

  ,,   ,, ,, 15½  ,,  ,, 16 ,, ,, ,,

18·9

  ,,   ,, ,, 15  ,,  ,,  15½ ,, ,, ,,

17·5

  ,,   ,, ,, 14½  ,, ,,  15 ,, ,, ,,

15·7

  ,,   ,, under 14½ years of age

13·9

PART VI.

BRUSH AND BROOM BRANCH.

GENERAL MINIMUM PIECE RATES FOR FEMALE WORKERS.

The General Minimum Piece Rates for Female Workers employed on the operations specified in Schedule I Part VI of the Principal Order shall be the rates set out in that part (subject to an increase of ten per cent in the basic rates for Hand Drawing, Section II), with an addition of 509 per cent plus 9·3p per hour.

SCHEDULE II.

PART I.

TWIG MAKING BRANCH.

GENERAL MINIMUM TIME-RATES FOR MALE WORKERS

Per Hour Pence

SECTION I.—Male Workers irrespective of age engaged on "Winding" or "Stitching" .. .. .. .. .. ..

53·9

SECTION II.—Male Workers of 21 years of age or over .. ..

53·9

 ,,   ,,  ,,20 and under 21

33·3

 ,,   ,,  ,,19 ,,  ,,  20 ,,  ,, ,,

28·4

 ,,   ,,  ,,18 ,,  ,,  19 ,,  ,, ,,

24·7

 ,,   ,,  ,,17 ,,  ,,  18 ,,  ,, ,,

21·7

 ,,   ,,  ,,16 ,,  ,,  17 ,,  ,, ,,

17·9

 ,,   ,,  ,,15 ,,  ,,  16 ,,  ,, ,,

15·7

 ,,   ,,  ,,under 15 years of age

13·4

SECTION III.—General Minimum Time-Rates for Female Workers.

Female Workers of21 years of age or over .. .. ..

37·8

  ,,   ,,  ,,18and under 21 years of age

37·4

  ,,   ,,  ,,17½,, ,, 18 ,,  ,, ,,

26·7

  ,,   ,,  ,,17  ,, ,, 17½ ,,  ,, ,,

22·6

  ,,   ,,  ,,16½ ,, ,, 17 ,,  ,, ,,

21·9

  ,,   ,,  ,,16  ,, ,, 16½ ,,  ,, ,,

20·7

  ,,   ,,  ,,15½ ,, ,, 16 ,,  ,, ,,

18·2

  ,,   ,,  ,,15  ,,  ,, 15½ ,, ,, ,,

16·6

  ,,   ,,  ,,14½ ,,  ,, 14 ,, ,, ,,

15·7

 

  ,,   ,,  under 14½ years of age

14·1

PART II.

TWIG MAKING BRANCH.

GENERAL MINIMUM PIECE RATES FOR MALE AND FEMALE WORKERS.

The General Minimum Piece Rates for Male and Female Workers employed on the operations specified in Schedule II Part II of the Principal Order shall be the rates set out therein with an addition of 335 per cent plus 11·9p per hour. In the case of female workers 335 per cent plus 9·3p per hour.

SCHEDULE III.

BRUSH AND BROOM BRANCH AND TWIG MAKING BRANCH.

PART I.

NORMAL WORKING HOURS AND OVERTIME RATES.

SECTION I.—(a) The normal working week shall be one of five days.

(b) The normal number of hours to be worked in any week by workers in relation to whom the Committee operates shall be 40 hours.

Provided that all hours worked on Sundays and Customary Public and Statutory Holidays shall be regarded as Overtime, to which the Overtime rates shall apply.

OVERTIME RATES FOR MALE AND FEMALE WORKERS.

SECTION II:—

For both Male and Female workers and whether the worker is employed on Time-Work or on Piece-Work, all overtime as defined in Section III shall be paid at overtime rates and the minimum overtime rates shall be as follows:

(A) For Daily Overtime, the Overtime Rate shall be one and a half times the Minimum Rate otherwise applicable, i.e., Time-and-a-half.

(B) For all Weekly Overtime other than Overtime paid for in accordance with sub-section (A) above of this Section, the Overtime Rate shall be Time-and-a-half.

(C) For all time worked on Sunday and Customary Public and Statutory Holidays, the Overtime Rate shall be double time, that is to say, twice the appropriate minimum rate otherwise applicable.

SECTION III:—

(i) Weekly Overtime:

All time worked in any week in excess of 40 hours shall be weekly overtime. All time worked on a 6th day shall be treated as overtime.

(ii) Daily Overtime:

Notwithstanding that the number of hours worked in the week does not exceed 40, the following excesses shall be daily overtime:

(a) on the short day: all time worked in excess of 4 hours;

(b) on any day other than the short day: all time worked in excess of 8 hours.

SCHEDULE IV.

ANNUAL HOLIDAYS.

Workers who qualify for Annual Leave under the Holidays (Employees) Act, 1961 , shall in addition be granted an extra Week's Annual Leave. Payment in respect of this further period shall be calculated in the same manner as that for the statutory period provided by the Holidays (Employees) Act, 1961 . The extra leave to be granted at such time as may be agreed between the employer and the worker.

SCHEDULE V.

SERVICE PAY.

(1) Service pay shall be granted to workers on the following basis:

After completion of

5 years service with the same firm

25p per week.

 "   "  "

10 ''  ''  '' ''  ''  ''

50p '' ''

 "   "  "

15 ''  ''  '' ''  ''  ''

75p '' ''

 "   "  "

20 ''  ''  '' ''  ''  ''

£1·00 '' ''

(2) Service pay to be applicable only to aggregate service in the firm in which at present employed.

(3) Employment, for service pay purposes, to be considered to commence from the last working day in June of Calendar year in which employment commences.

(4) Interruption in employment due to illness or temporary redundancy not to affect service for service pay purposes.

(5) While payment is expressed in weekly terms, annual or bi-annual payments may be agreed at domestic level.

(6) No deduction shall be made from service pay during annual leave.

(7) Service pay shall not be included in wages for the purpose of computing overtime.

(8) In any week during which no hours are worked for any reason, other than annual leave, no service payment shall be made.

(9) Service pay will be computed and paid as one fifth of the weekly payment for each day or part of a day worked. Service pay will be limited, in any week, to the agreed weekly rates of service pay.

(10) Service pay shall be distinct from wages and shall not be subject to any wage increases.

SCHEDULE VI.

SECTION I—SICK PAY SCHEME:

That the Industry put into operation a sick-pay benefit scheme as follows:

The scheme to cover all employees, male and female, between the ages of 16 and 70 years, who have completed six months service with present employer, on a contributory basis, for total incapacity to carry out normal working duties due to: (a) illness and (b) Accident not arising out of or in the course of Employment; to procure benefits as follows:

To an adult male:

£6 per week for the first 26 consecutive weeks of incapacity.

£3 per week for the second 26 consecutive weeks of incapacity.

To an adult female:

£5 per week for the first 26 consecutive weeks.

£2·50 per week for the second 26 consecutive weeks of incapacity.

To a junior male or

£3 per week for the first 26 consecutive weeks of incapacity.

female:

£1·50 per week for the second 26 consecutive weeks of incapacity.

No benefit shall be payable for the first three days of incapacity.

The scheme to be partially funded by contributions from employees as follows:

Adult male employees:

£6·76 per head per annum.

Adult female employees:

£5·72 per head per annum

Junior employees:

(Those of 16 years of age and under 21 years)

£3·38 per head per annum.

Any balance fund necessary to be paid by the employer.

Exclusions: No benefit shall be payable in respect of bodily injury or sickness sustained by any employee directly or indirectly caused by:

(a) Intentional self-injury, suicide or attempted suicide, provoked assault or fighting.

(b) War, invasion, act of foreign enemy, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, martial law, riot or civil commotion.

(c) Engaging in mountaineering or racing of any k nd (other than on foot or yacht racing).

(d) Being under the influence of any drug or drugs.

(e) Pregnancy, Childbirth.

These exclusions are those generally applied by Insurance Companies.

Section II.—BENEFIT FOR DEATH IN SERVICE:

That a non-contributory scheme be put into operation in the Industry to provide a death benefit to those dying still in employment in the Industry.

ELIGIBILITY: All male employees 25 years of age and over who have completed three years service with present employer, and all female employees 30 years of age and over who have completed five years service with present employer. The 2nd August each year to be taken as an anniversary birth date each year for the bringing into benefit those employees becoming eligible during the preceding twelve months.

BENEFITS: On the death in service of an eligible male employee between the ages of 25 and 65 years a sum of £1,000 or aged 65 years and over a sum of £200, shall be paid to his legal representative. On the death in service of an eligible female employee between the ages of 30 and 65 years a sum of £600, or aged 65 years and over a sum of £150, shall be paid to her legal representative.

GIVEN under the Official seal of the Labour Court this 14th day

of September, 1972.

D. MacDIARMADA,

A person authorized under section 18 of the

Act to authenticate the Seal of the Court.

EXPLANATORY NOTE.

This Instrument fixes minimum rates of pay and conditions of employment as from the 22nd September, 1972 for workers employed in the Brush and Broom Trade. It is made by the Labour Court on the recommendation of the Brush and Broom Joint Labour Committee.