S.I. No. 217/1978 - Employment Regulation Order (Brush and Broom Joint Labour Committee), 1978.

S.I. No. 217 of 1978.

EMPLOYMENT REGULATION ORDER (BRUSH AND BROOM JOINT LABOUR COMMITTEE), 1978.

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), 1977 dated the 15th August, 1977 ( S.I. No. 261 of 1977 ) (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 compiled 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), 1978.

(2) Effect is hereby given to the proposals set out in the Schedule hereto.

(3) The provisions set out in the Schedule hereto shall have effect as from 31st day of July, 1978 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—BRUSH AND BROOM BRANCH.

PART 1.

GENERAL MINIMUM TIME RATES.

Section 1.—For qualified craft workers, i.e. those workers who have completed a four year apprenticeship to the trade and who are employed in two or more of the following operations or branches of work.

(i) "Pan" (Hair and Bass), "Hairs", "Finishing", (i.e., the work of all wood workers employed in finishing or part finishing brushes or brooms by hand or machine), "Boring" (Hand and Machine, "Boring"), "Drawing", "Bone Brush Cutting", "Bone Brush Fashioning", "Bone Brush Drilling", "Bone Brush Profiling", "Wire Twisting", the manufacture of Artists' Medical, Painting, Whitewash and Tar Brushes, and Brushes and Brooms not otherwise specified: and

( a ) The drifting, dressing (including cutting), or mixing of animal hair, bass, whisk, or other fibre (natural or synthetic), where the operative performs the aforesaid operations singly or in combination by hand or partly by hand and partly by machine	Per Hour
	Date of Order	12/4/79
£1·29	£1·32

( b ) the working of ivory or celluloid;

( c ) the turning of bone;

where all or any of the operations specified in (a), (b) or (c) are carried on in association with or in conjunction with the manufacture of brushes (other than feather brushes) or brooms.

Apprenticeship Rates:

	Rate per hour
	Date of Order	12/4/79	Percentage of Craft Rate
1st year of Apprenticeship	64·26p	65·79p	50%
2nd year of Apprenticeship	80·32p	82·23p	62½%
3rd year of Apprenticeship	96·39p	98·68p	75%
4th year of Apprenticeship	£1·12	£1.15	87½%

	Per Hour
	Date of Order	12/4/79
(ii) For craft workers engaged in the manufacture of Bass Brooms by machine	£1·33	£1·36

SECTION 2.—Any worker employed on the following activities "Warehousing", "Fork Lifting", "Servicing", or "Materials Handling"

	Per Hour
	Date of Order	12/4/79
Workers of 21 years of age and over	£1·25	£1·28
Workers of 20 years of age and under 21 years of age	88·72p	90·29p
Workers of 19 years of age and under 20 years of age	77·26p	78·62p
Workers of 18 years of age and under 19 years of age	58·49p	59·52p
Workers of 17 years of age and under 18 years of age	54·35p	55·32p
Workers of 16 years of age and under 17 years of age	40·70p	41·42p
Workers of 15 years of age and under 16 years of age	35·34p	35·96p

Section 3—

(i) For adult workers, other than those specified in Section 1 of Schedule 1, engaged in the manufacture of Bass Brooms
£1·18		£1·20
(ii) For adult workers, other than those specified in Section 1 of Schedule 1, engaged in the manufacture of Artists or Medical Brushes
£1·15		£1·17
(iii) For adult workers, other than those specified in Section 1 of Schedule 1, employed on the following operations:
"wrapping, shrink wrapping, box making, labelling, trimming, assembling, flirting, pinning, setting, sanding, cellulosing, stamping and knurling or crimping"

	Per Hour
	Date of Order	12/4/79
Workers of 18 years of age and over	£1·01	£1·03
Workers of 17½ years of age and under 18 years of age	72·43p	73·54p
Workers of 17 years of age and under 17½ years of age	61·31p	62·25p
Workers of 16½ years of age and under 17 years of age	59·41p	60·32p
Workers of 16 years of age and under 16½ years of age	56·15p	57·02p
Workers of 15½ years of age and under 16 years of age	49·37p	50·12p
Workers of 15 years of age and under 15½ years of age	45·03p	45·73p

(iv) For workers engaged in the manufacture of all household, toilet and industrial brushes which includes the manufacture of varnish brushes, headmaking, sizing, wire twisting, etc.

	Per Hour
	Date of Order	12/4/79
Workers of 18 years of age and over	£1·01	£1·03
Workers of 17½ years of age and under 18 years of age	72·43p	73·54p
Workers of 17 years of age and under 17½ years of age	61·31p	62·25p
Workers of 16½ years of age and under 17 years of age	59·41p	60·32p
Workers of 16 years of age and under 16½ years of age	56·15p	57·02p
Workers of 15½ years of age and under 16 years of age	49·37p	50·12p
Workers of 15 years of age and under 15½ years of age	45·03p	45·73p

SCHEDULE 1.—BRUSH AND BROOM BRANCH.

PART 2.

PIECEWORK BASIS TIME RATES.

SECTION 1—

	Per Hour
(A) For qualified craft workers employed on the operations specified in Section (i) to (xi) (as outlines in Schedule 1, Part II of the S.I. No. 205 of 1960 ).	Date of Order	12/4/79
£1·33	£1·36
( b ) For workers (other than those specified in (A) employed on two or more branches of work specified in Sections (i) to (ix).

	Rate per Hour
	Date of Order	12/4/79	Percentage of Craft Rate
1st Year of Apprenticeship	66·42p	67·83p	50%
2nd Year of Apprenticeship	83·02p	84·78p	62½%
3rd Year of Apprenticeship	99·63p	£1·02	75%
4th Year of Apprenticeship	£1·16	£1·19	87½%

Guaranteed Time-Rate:

Provided that during the first four months of employment by way of apprenticeship, and the first three months of employment in a Branch of the Trade other than that in which the period of apprenticeship was commenced, Apprentices shall receive a Guaranteed Time-Rate equal to the General Minimum Time-Rate applicable to a worker of similar periods of experience specified in Schedule 1, Section (i), notwithstanding that his earnings on Piece-Work are less than such rate.

Provided always that instruction in the second or any subsequent Branch shall commence not later than 15 months after the commencement of instruction in the Branch last previously commenced.

	Per Hour
	Date of Order	2/4/79
SECTION 2.— (i) For adult workers specified in Section 3 (i) of Part 1 of this Schedule	£1·22	£1·24
(ii) For adult workers specified in Section 3 (ii) of Part 1 of this Schedule	£1·19	£1·21
(iii) For adult workers specified in Section 3 (iv) of Part 1 of this Schedule	£1·04	£1·06

The guaranteed time rates of hourly wages for workers covered by Part 2, Section 2, shall be as per the general Minimum time rates set out in the appropriate sub-section of Part 1, Section 3 of this Schedule.

Piece-Work Basis Time Rate:

Note: The Piece-Work Basis Time-Rate is for the purpose of securing that in the case of Workers Employed on Piece-Work each piece-rate paid shall be such as will 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 the ordinary skill and experience, e.g., learners and infirm workers.

SCHEDULE II.

TWIG-MAKING BRANCH.

PART 1.

GENERAL MINIMUM TIME RATE FOR WORKERS.

SECTION 1.—

	Per Hour
	Date of Order	12/4/79
(A) Qualified craft workers employed on either of the operations of "Winding" or "Stitching"	£1·30	£1·33

(B) For workers other than those specified in (A) employed on either

of the operations of "Winding" or "Stitching".

	Per Hour
	Date of Order	12/4/79	Percentage of Craft Rate
1st Year of Apprenticeship	64·80p	66·30p	50%
2nd Year of Apprenticeship	81·00p	82·87p	62½%
3rd Year of apprenticeship	97·20p	99·45p	75%
4th Year of Apprenticeship	£1·13	£1·16	87½%

SECTION 2.—

Workers employed in the Trimming, Scraping, Cutting and Bunching of Twigs, the dyeing and bleaching of Corn.

	Per Hour
	Date of Order	12/4/79
Workers of 21 years of age and over	£1·30	£1·33
Workers of 20 years of age and under 21 years of age	80·06p	81·92p
Workers of 19 years of age and under 20 years of age	68·28p	69·86p
Workers of 18 years of age and under 19 years of age	59·39p	60·77p
Workers of 17 years of age and under 18 years of age	52·17p	53·38p
Workers of 16 years of age and under 17 years of age	43·04p	44·03p
Workers of 15 years of age and under 16 years of age	37·75p	38·62p

SECTION 3.—

Workers employed in the sorting of Corn.

	Per Hour
	Date of Order	12/4/79
Workers of 21 years of age and over	£1·02	£1·04
Workers of 18 years of age and under 21 years of age	£1·01	£1·03
Workers of 17½ years of age and under 18 years of age	72·09p	73·48p
Workers of 17 years of age and under 17½ years of age	61·03p	62·20p
Workers of 16½ years of age and under 17 years of age	59·14p	60·28p
Workers of 16 years of age and under 16½ years of age	55·89p	56·97p
Workers of 15½ years of age and under 16 years of age	49·15p	50·09p
Workers of 15 years of age and under 15½ years of age	44·83p	45·69p

SCHEDULE II.

TWIG-MAKING BRANCH

PART 2.

PIECE-WORK BASIS TIME-RATE.

SECTION 1—

	Per Hour
	Date of Order	12/4/79
(A) For qualified workers engaged in the operations of "Winding" or "Stitching"	£1·34	£1·37
(B) For workers other than those specified in (A).

	Rate per hour
	Date of Order	12/4/79	Percentage of Craft Rate
1st Year of Apprenticeship	66·96p	68·34p	50%
2nd Year of Apprenticeship	83·70p	85·42p	62½%
3rd Year of Apprenticeship	£1·00	£1·03	75%
4th Year of Apprenticeship	£1·17	1·20	87½%

Guaranteed Time-Rate:

Provided that during the first four months of employment by way of apprenticeship, apprentices shall receive a Guaranteed Time-Rate equal to the General Minimum Time Rate applicable to a worker in Part 1, Section 1 (b).

Piece-Work Basis Time-Rate:

NOTE: The Piece-Work Basis Time-Rate is for the purpose of securing that in the case of Workers employed on Piece-Work each piece-rate paid shall be such as will 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 the ordinary skill and experience, e.g., learners and infirm workers.

SCHEDULE III.

BRUSH AND BROOM BRANCH AND TWIG MAKING BRANCH.

PART 1.

NORMAL WORKING HOURS AND OVERTIME RATES.

SECTION 1.—( 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.

( c ) For workers under 18 years of age the normal and maximum number of hours shall be governed by the provisions of the Protection of Young Persons (Employment) Act, 1977 .

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 WORKERS.

SECTION II:

For both Male and Female workers and whether the worker is employed on Time-Work or 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 subsection (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 the declared normal number of 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 the declared normal number of hours 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 in relation to whom the Committee operates shall be granted holidays in accordance with the provisions of the Holidays (Employees) Act, 1973 .

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

After completion of 10 years service with the same firm 50p per week

After completion of 15 years service with the same firm 75p per week

After completion of 20 years service with the same firm £1.00 per week

(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 employers, 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 worker:

£10 per week for 1st 2 consecutive weeks of incapacity.

£8 per week for next 24 consecutive weeks of incapacity.

£4 per week for next 26 consecutive weeks of incapacity.

To a junior worker:

£5 per week for 1st 2 consecutive weeks of incapacity.

£4 per week for next 24 consecutive weeks of incapacity.

£2 per week for next 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 employees: £10.00 per head per annum.

Junior employees: (Those of 16 years of age and under 21 years) £5.00 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 kind (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 employees 25 years of age and over who have completed three 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 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/her legal representative.

SCHEDULE VII.

PENSION SCHEME.

Normal Pension Date:

The 70th anniversary of birth for members aged 55 and over at entry to the Scheme: the 65th anniversary of birth for all other members.

Pension Benefits:

Each member will be entitled on retirement at NORMAL PENSION DATE to a Pension of £9 per week.

Members Contributions:

The Scheme will be non-contributory.

Eligibility:

All full-time permanent employees who are between the ages of 21 and 70 years and have completed at least three years continuous service will be included in the Scheme.

Leaving Service:

A member who is dismissed from service for reasons of fraud or misconduct or who leaves of his own free will, will forfeit all rights under the Scheme. A member who is dismissed from service for reasons such as redundancy or re-organisation will be entitled to the pension, payable from Normal Pension Date, that has been secured by the premiums paid on his or her behalf.

Early Retirement:

A member may retire at any time due to ill-health or within ten years of Normal Pension Date with the consent of the Company and elect to receive an immediate pension. Such pension would be of reduced amount depending on the member's age and the premiums paid on his or her behalf.

Dependant's Pension:

The Scheme will include provision for a member to elect just before NORMAL PENSION DATE to exchange part of his or her pension for a pension which would be payable to a nominated dependant in the event of the prior death of the member.

Guarantee of Pension:

All pensions are payable by monthly instalments in advance for the member's lifetime and in the event of death before five years' payment have been made the pension will be paid to the member's estate for the balance of that period.

Application for Membership:

Employees who do not apply for membership when they first become eligible for inclusion will not normally be permitted to join at a later date.

SCHEDULE VIII.

Compassionate Leave:

In so far as absence within the working week is needed, compassionate leave of up to 3 days will be granted and paid for at the basic rate only in the event of the death of an immediate relative (Father, Mother, Sister, Brother, Son, Daughter, Husband, Wife).

Given under the Official Seal of the Labour Court this

26th day of July, 1978.

JAMES G. McCAULEY.

A person authorised under Section 18 of the Industrial

Relations Act, 1946 to authenticate the Seal of the Court.

EXPLANATORY NOTE.

This instrument fixes minimum rates of pay and conditions of employment as from 31st July, 1978 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.