S.I. No. 261/1977 - Employment Regulation Order (Brush and Broom Joint Labour Committee), 1977.

S.I. No. 261 of 1977.

EMPLOYMENT REGULATION ORDER (BRUSH AND BROOM JOINT LABOUR COMMITTEE), 1977.

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 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), 1976 dated the 23rd March, 1976 ( S.I. No. 69 of 1976 ) (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), 1977.

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

(3) The provisions set out in the Schedules hereto shall have effect as from 15th day of August, 1977 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

( 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

SECTION 3.—

(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"

(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.

SCHEDULE I.

BRUSH AND BROOM BRANCH.

PART 2.

PIECEWORK BASIS TIME RATES.

SECTION 1.—

(B) For workers (other than those specified in (A) employed on two or more branches of work specified in Sections (i) to (ix)

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 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.

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 subsection 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.—

(B) For workers other than those specified in (A) employed on either of the operations of "Winding" or "Stitching"

SECTION 2.—

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

SECTION 3.—

Workers employed in the sorting of Corn.

SCHEDULE II.

TWIG-MAKING BRANCH.

PART 2.

Piece-Work Basis Time-Rate.

SECTION 1.—

(B) For workers other than those specified in (A)

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 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 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 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 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:

(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:

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.

GIVEN under the Official Seal of the Labour Court this 10th day of August, 1977.

COLM COYNE.

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 15th August, 1977 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.