S.I. No. 47/1962 - Employment Regulation Order (Boot and Shoe Repairing Joint Labour Committee) 1962

S.I. No. 47 of 1962.

EMPLOYMENT REGULATION ORDER (BOOT AND SHOE REPAIRING JOINT LABOUR COMMITTEE) 1962

WHEREAS the Labour Court (hereinafter called " the Court pursuant to the provisions of Section 43 of the Industrial Relations Act, 1946 , made Employment Regulation Order (Boot and Shoe Repairing Joint Labour Committee) 1960 (hereinafter called " the said Order ") ;

AND WHEREAS the Boot and Shoe Repairing Joint Labour Committee (hereinafter called " the Committee ") has submitted to the Court the proposals set out in the Schedule hereto for fixing the minimum rates of remuneration and regulating the 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 (Boot and Shoe Repairing Joint Labour Committee), 1962.

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 the 26th day of March, 1962, and as from that date the said Order shall be revoked.

SCHEDULE

STATUTORY MINIMUM REMUNERATION

In this Schedule—

AREA A.—means the County Boroughs of Dublin, Cork, Limerick and Waterford, the Boroughs of Clonmel, Drogheda, Dun Laoghaire, Galway, Kilkenny, Sligo and Wexford and the Urban Districts of Athlone, Bray, Carlow, Dundalk and Tralee.

Area B.—means All other Areas.

PART I

STATUTORY MINIMUM TIME RATES FOR MALE AND FEMALE WORKERS

Section I.—The Minimum Time-Rates for Foremen, Forewomen or Managers shall be :—

SECTION II.—THE MINIMUM TIME-RATES FOR MALE WORKERS (other than Foremen, Managers or Male Learners) SHALL BE :—

SECTION III.—THE MINIMUM TIME-RATES FOR FEMALE WORKERS (other than Forewomen or Managers) SHALL BE :—

Provided that the minimum rate payable to Workers whose age is less than eighteen shall, for the first twelve months' employment in the Trade, be a rate of 25 per cent. less than the minimum rate otherwise applicable.

SECTION IV.—THE MINIMUM TIME-RATES FOR MALE LEARNERS SHALL BE AS FOLLOWS:—

PART II

STATUTORY MINIMUM PIECE RATES FOR MALE AND FEMALE WORKERS AT BOOT AND SHOE REPAIRING

The Minimum Piece Rates for all Male and Female Workers for Boot and Shoe Repairing shall be as follows :—

Area A.—The rates set out in this Part with an addition of 731/3%.

Area B.—The rates set out in this Part with an addition of 44½%.

SECTION I.—KNEE WORK—(HAND SEWN—HAND FINISHED.

Re-stitching:—Is. 6d. per extra.

Men's Soles under heel, 2s. per pair extra. Ladies' and all other classes, 1s. 7½d. per pair extra.

Mens' Soles up to heel, 1s. 8½d. per pair extra, Ladies' and other classes, 1s. 4½d. per pair extra.

House Slippers to be paid for at 6d. less for Men's 4½d. less for Ladies'.

SECTION II.—KNEE WORK—(RIVETED—HAND FINISHED).

Slippers, Men's and Ladies', Sole and Heel, 6d. per pair less.

Slippers, broken sizes, Sole and Heel, 4d. per pair less.

Men's Soles under heel, 1s. 4 ½d. per pair extra. Ladies' and all other classes, 1s. 1½d. per pair extra.

Men's Soles up to heel, 1s. per pair extra. Ladies' and all other classes, 9d. per pair extra.

SECTION III.—UNFINISHED KNEE-WORK

SECTION IV—HAND-FINISHING OF (a) HAND-SEWN KNEE-WORK, (b) RIVETED KNEE-WORK, and (c) BENCH-WORK.

SECTION V.—BENCHING ONLY (RIVETED)

SECTION VI.—Extras to Piecework List for Repairing.

Handsewing, Mens 1/6;d. ; Ladies', ½½d. ; Boys', 2-5, ¼½d. ; Other Sizes, 1/-.

Handsewing, Toe or Side Bits, 4d. per pair.

Handsewing Cross Pieces, per pair :—Men's, 9d. ; Ladies' 6d. ; Other Sizes, 4½d.

Pumps, if turned, 6d. per pair ; oversewn work, if grafted, 1/- per pair.

Soles under Heel :—

Handsewn—Men's ¼½d. ; Ladies', 1/1½d. ; Other Sizes, 10½d.

Machinesewn—Men's, 1/- ; Ladies', 9d. ; Other Sizes, 7½d.

Riveted—Men's, 10½d. ; Ladies', 7½d. ; Other Sizes, 6d.

Heeling or replacing old heels to be included in each case.

Soles up to Heel :—

Machinesewn—Men's, 6d. ; Ladies', 4½d. ; Children's, 3d.

Riveted—Men's, 6d. ; Ladies', 4½d. ; Children's, 3d.

All inserted quarter iron and rubber tips, 2½d. per pair.

All rubbers (when solutioned), 4d. per pair ; if not solutioned, 2½d. per pair.

New Stiffeners, re-lasted, Men's, 1/- ; Ladies', 10½d.

Toecaps, Men's, if soled, 1/- ; if not soled, ¼½d. ; made longer, 2/- (4d. less if fitted by machinist).

Toecaps, Ladies' and broken sizes, if soled, 10d. ; if not soled, 1/- ; made longer, 1/8½d. (4d. less if fitted by machinist).

Lasting in toecaps, Men's and Boys', 2-5, 8½d. per pair

Lasting in toecaps, Ladies' and other sizes, 6d. per pair.

Toe puffs, when not re-capped to be paid for as toecaps.

All Patches, each solutioned, 3d. ; machined, 1½d. ; fitted, 1½d., stabbed on, 4d. ; sewn to sole, 3d., lasted 2½d.

Saddle or Cross patches to be paid for as two patches.

Back straps, 1/- per pair stabbed on.

New Vamps, if put in by Workman, Men's, 2/7d. ; Ladies' 2/- ; other sizes, 1/8½d. per pair.

New Vamps, if capped, 4d. extra.

Lasting Vamps, Men's ¼½d. per pair, Ladies', Boys' and Girls', 10½d. per pair ; if capped, 4d. per pair extra.

Re-welting, joint to joint, Men's and Boys', 2-5, 2/6d. per pair ; Ladies', 2/- per pair.

Lifts, Men's, 2½d. per pair ; Ladies' and all other classes, 1½d. per pair.

New pieces of Welts, 4d. first inch ; 2½d. per inch after.

Re-sewing of old Welts, joint to joint, Men's, ¼½d. ; Ladies' and other sizes, 1/-

Nailing or Sparabling Toe and Joint, one row, 2½d. ; two rows 4d. ; full nail 6d.

Toe plates, if screwed, 4d. per pair ; if nailed 2½d. per pair.

Insoles and Middles, 4d. per pair.

Seat pieces, 4d. per pair ; toe tins, 2½d. per pair.

Shaped oversewn clump soles, sewn 8½d. extra per pair.

All work benched for stitching on Blake machines with channels made and relaid by the Benchmen, 2 ½d. per pair extra ; but if benched and handsewn by the same person, channels to be included.

Soles cemented on, 6d. per pair over rate for riveted work.

Filing heel and toe plates to be done by Benchmen.

New ready-built heels, fixed on only ; Men's, 6d. ; Ladies', 4½d.

Rebuilding heels and heeling complete, including seat pieces :—

All work when uppers are pulled up to front and re-capped to be paid for as re-fronted.

Fixing Military Rubber Sets (Philips' or Dale's), Men's ¼½d. per set ; if cemented heels, 1/6d. ; cemented soles and heels, 2/- ; Ladies', 1/- per set ; if cemented heels, 1/1½d. ; cemented soles and heels, 1/6d. ; other makes, Men's 1/1½d. ; Ladies 9d. ; if solutioned heels, 1½d. extra. When Military Rubber Sets are fixed at the same time as boots or shoes are soled and heeled, Men's to count 6d. ; and Ladies', 4½d. less.

Breast Pieces, 4d. per pair.

New Springs in Waists, 6d. per pair.

Fixing Shaped Rubbers when heels are interfered with to be paid for as Heels.

Patches round heel, lasting 6d. each.

For stuff cut on the square for Benchwork, 1 ½d. per pair extra.

All grindery to be found by employer.

PART III

PIECE RATES FOR BOOT AND SHOE MAKING

The Minimum Piece Rates for all Male and Female Workers for Boot and Shoe Making shall be as follows :—

AREA A.—The rates set out in this Part with an addition of 731/3%.

AREA B.—The rates set out in this Part with an addition of 44½%.

SECTION II.—BESPOKE PEGGED WORK

The General Minimum Piece-Rates for all pegged work shall be 2s. per pair less than the Rates for handsewn work, as set out in this Part of this Schedule except as regards Extras, the Rates for which shall be the same as shown above for handsewn work.

SECTION III.—BESPOKE RIVET WORK (stuff cut by machinery).

SECTION IV.—BENCHING AND FINISHING MAHINE-SEWN BOOTS

PART IV

PIECE RATES FOR HOMEWORKERS, FOR REPAIRING OR MAKING

The Minimum Piece Rates payable to Homeworkers as defined in Part VII of this Schedule, for Repairing or Making, shall be those specified in Parts II and III, respectively, of this Schedule, with an addition of 30 percnt; per cent. in each case.

PART V

GUARANTEED TIME-RATES

The Guaranteed Time-Rates for Foremen, Forewomen or Managers (male or female) shall be :—

A Foreman, Forewoman or Manager (male or female) employed on piece work must be paid at not less than the guaranteed time-rate in any case where his/her earnings on piece work are less than such rate.

PART VI

Section I.—Normal Working Hours and Overtime Rates.

The normal number of hours to be worked by workers in relation to whom the Committee operates shall be as follows :—

Provided That :—

(I) All hours worked on Sunday and on customary public and statutory holidays shall be regarded as overtime to which the Overtime Rate shall apply.

(II) The Overtime Rate shall be payable in respect of all hours worked on any day in excess of the declared normal number of hours of work for that day notwithstanding that the number of hours worked in the week does not exceed the declared normal number of hours of work for the week.

(III) The Overtime Rate shall be payable in respect of all hours worked in any week in excess of the declared normal number of hours of work for that week, except in so far as the Overtime Rate is payable under the provisions of the preceding paragraphs of this Section.

Section II.—The Minimum Rate for Overtime to apply in respect of hours worked by a worker, whether employed on Time-Work or on Piece-work, in excess of the declared normal number of hours of work shall be as follows :—

One-and-a-quarter times the Minimum Rate otherwise applicable, i.e.— Time-and-a-Quarter.

Provided that broken periods of Overtime of less than half-an-hour shall be reckoned as half-an-hour.

PART VII

DEFINITION OF WORKERS

Section I.—Foreman, Forewoman or Manager (male or female).

A foreman or forewoman or manager (male or female) is a worker (a) who exercises sole supervising authority over all journey workers exceeding three in number (excluding the foreman, forewoman or manager) working in the same shop or department, or (b) who (whether working alone or with any other worker) under the terms of his/her employment, in addition to any work which may be required of him/her as a journeyworker, fits up or supervises the fitting-up of the work and has control of the repairing or making and the technical direction thereof.

Note.—The expression " journeyworker " includes any male or female worker (whether employed on time work or on piece work) who if employed on time work would be subject to the general minimum time rate applicable to a male or female worker of 21 years of age and upwards and any other worker employed at the general minimum piece rates.

Section II.—Learners.

A Learner is a male worker who :—

(A) is employed during the whole or a substantial part of the hours of work in learning any branch or process of the Trade, by an employer who provides the Learner with reasonable facilities for learning such branch or process, and

(B) has received a certificate to the effect that he is a member of the Learner Class in the Trade, or in respect of whom an application for such certificate has been made and has been duly acknowledged and is still under consideration.

Provided that :—

(i) An employer may employ a Learner on first employment in the trade without a certificate, for a probationary period not exceeding four weeks, but in the event of such Learner being continued thereafter in the employment, the probationary period shall be included in the period of learnership.

(ii) A Learner shall cease to be a Learner, and shall become entitled to the appropriate Minimum Rate payable to him as a Male Worker other than Learner, on the completion of :—

(a) four years in the Boot and Shoe Repairing branches of the Trade, including re-welting, handsewn repairs, benching and finishing by hand or machine, or

(b) four years in making (other than handsewn making) in all its operations of new boots and shoes on the bench and repairing, or

(c) five years in handsewn making, or

(d) five years in handsewn making and repairing, provided that not less than one-half of the Learner's time has been spent in handsewn making.

(This provision does not interfere with the right of a Learner who is employed on Piece Work to be paid the appropriate Piece Rate in accordance with the provisions of Part III of this Schedule).

(iii) Any worker who is employed as a Learner and who has previously been employed in any Branch of the Trade shall count the whole period of such previous employment in calculating the period of Learnership completed by him.

(iv) Any worker who is employed as a Learner and who has been instructed or is being instructed in the Trade at a Technical School, Industrial School or similar institution shall count one half of the period spent in such instruction in calculating the period of learnership completed by him.

(v) An application for a Learner's Certificate must be made to the Joint Labour Committee in respect of every worker engaged in learning the Trade, whom it is desired to employ, at the Minimum Rates fixed for Learners. Unless a Learner's Certificate has been obtained, or an application therefor has been made which has been acknowledged and is still under consideration and the other conditions of Learnership laid down in this Schedule are complied with, the Minimum Rate payable shall be that fixed for Male workers other than Learners. Indentured Apprentices who have been registered as such by the Joint Labour Committee shall be deemed, for the purposes of this Order, to have been registered as Learners, and the conditions of their indentures shall continue to apply.

(vi) The issue of Certificates to Learners in the Trade shall be governed by the following conditions relative to the provision of reasonable facilities for learning the trade :—

(a) The proportion of Male Learners in the Trade to Journeyworkers employed therein shall not as a general rule, exceed :—

in the case of any particular employer and the issue of Learners' Certificates shall be restricted accordingly.

(b) For the purpose of this provision a Journeyworker shall be a worker who has completed his full period of learnership or apprenticeship in the trade or an employer who has habitually worked at the trade in the manner of a learner, apprentice or journeyworker for a period of not less than four years.

(c) Where, however, the Joint Labour Committee is satisfied in any particular case that special facts or circumstances so require, the Committee may authorise the issue of Learners' Certificates in excess of the proportion above specified.

(vii) The Joint Labour Committee may, if it thinks fit, refer to a sub-Committee appointed under the provisions of Paragraph 8 of the Second Schedule to the Industrial Relations Act, 1946 , applications made to it for the issue of Learners' Certificates in excess of the proportion normally permitted and may also, if it thinks fit, delegate to the sub-Committee so appointed any or all of its powers and duties in connection therewith.

Section III.—Homeworker.

A Homeworker is a Male or Female worker who works in his or her own home or any other place not under the control or management of his or her employer.

Section IV.—Trade.

The above statutory Minimum Remuneration shall be payable subject to the provisions of the Industrial Relations Act, 1946 and of this Schedule, to all workers specified in this Schedule in respect of any time during which they are employed in any Branch of the Trade specified in the Trade Board's (Boot and Shoe Repairing) Order, 1919, that is to say, the repairing wherever carried on of boots, shoes slippers and all kinds of leather footwear, including the making of bespoke handsewn, riveted or pegged leather footwear, but excluding the manufacture of leather footwear on a large scale, the repairing of saddlery and leather goods other than leather footwear, and the retailing of leather footwear.

PART VIII

GENERAL

The Minimum Time-Rates and Guaranteed Time-Rate set out in this Schedule shall be payable per week of 44 hours in the case of workers of 18 years of age or over, and per week of 40 hours in the case of workers whose age is less than 18 years. For the purpose of calculating the minimum rate payable in respect of each hour of employment the appropriate weekly rate must be divided by 44 in the case of workers of 18 years of age or over, and by 40 in the case of workers whose age is less than 18 years.

PART IX

WAITING TIME

A worker must be paid not less than the appropriate Minimum Rate in respect of all time during which he present on the employer's premises unless the employer can prove that such worker was so present (a) without the employer's consent, express or implied, or (b) for some purpose unconnected with his work and other than waiting for work to be given him to perform : or unless the worker was present (c) only by reason of the fact that he was resident on the premises or (d) during normal meal hours in a room or place in which no work is being done.

A worker employed on piece-work is deemed during " waiting-time " to have been employed at the General Minimum Time-Rate applicable.

PART X

HOLIDAYS AND CESSER PAY

Workers in relation to whom the Committee operates and who qualify for annual leave under the Holidays Act, 1961, shall be granted a period of fourteen consecutive days' holidays including two Sundays. Where a worker ceases to be employed by a particular employer before the end of his employment year and has not been allowed annual leave in respect of the period of that year during which he was so employed, the employer shall pay to him on the cesser of that employment one full day's pay for each month of that period during which he worked not less than 135 hours (120 hours in the case of workers under 18 years of age).

GIVEN under the Official Seal of the Labour Court this 19th day of March, 1962.

(Signed) P. D. McCARTHY.

A person authorised under Section 18 of the Industrial Relations Act, 1946 , to authenticate the Seal of the Court.

EXPLANATORY NOTE

This Instrument fixes new minimum rates of pay and conditions of employment as from 26th March, 1962, for workers employed in the Boot and Shoe Repairing Trade. It is made by the Labour Court on the recommendation of the Boot and Shoe Repairing Joint Labour Committee.