S.I. No. 225/1991 - Employment Regulation Order (Brush and Broom Joint Labour Committee), 1991.

S.I. No. 225 of 1991.

EMPLOYMENT REGULATION ORDER (BRUSH AND BROOM JOINT LABOUR COMMITTEE), 1991.

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 an Employment Regulation Order dated 23rd June, 1988 ( S.I. No. 135 of 1988 ) hereinafter called "the said 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 Committee has submitted to the Court a proposal for revoking the said 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 48 of the Industrial Relations Act, 1990 (hereinafter called the 1990 Act) have been complied with;

NOW, THEREFORE, the Court in exercise of the powers conferred on it by Section 48 of the 1990 Act hereby orders as follows:—

(1) This Order may be cited as the Employment Regulation Order (Brush and Broom Joint Labour Committee), 1991.

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

NOTE: Enquiries should be directed to the Secretary, Joint Labour Committees Section, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4. (Phone 608444, Extension Nos. 301, 303 and 304).

(3) The provisions set out in the Schedule hereto shall have effect from the 26th August, 1991 and as from that date the said Order shall be revoked.

SCHEDULE I—BRUSH AND BROOM BRANCH

PART 2.

GENERAL MINIMUM TIME RATES.

SECTION I:

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), 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
	From Effective Date of Order i.e. 26/8/91
£3.51

(b) The working of ivory or celluloid;

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

	Per Hour
	From Effective Date of Order i.e. 26/8/91	Percentage of Craft Rate
£	%
1st year of apprenticeship	1.76	50
2nd year of apprenticeship	2.19	62½
3rd year of apprenticeship	2.63	75
4th year of apprenticeship	3.07	87½

(ii) For craft workers engaged in the manufacture of Bass Brooms by machine.	Per Hour
From Effective Date of Order i.e. 26/8/91
	£3.62

SECTION II

Any worker employed on the following activities "Warehousing", "Fork Lifting", "Servicing", or "Materials Handling."	Per Hour
From Effective Date of Order i.e. 26/8/91
	£
Workers of 21 years of age and over	3.44
Workers of 20 years of age and under 21 years	2.42
Workers of 19 years of age and under 20 years	2.12
Workers of 18 years of age and under 19 years	1.60
Workers of 17 years of age and under 18 years	1.48
Workers of 16 years of age and under 17 years	1.12
Workers of 15 years of age and under 16 years	0.99

(i) For adult workers, other than those specified in Section 1 of Schedule 1, engaged in the manufacture of Bass Brooms.	Per Hour
From Effective Date of Order i.e. 26/8/91
	£3.27
(ii) For adult workers, other than those specified in Section 1 of Schedule 1, engaged in the manufacture of artists' or Medical Brushes.	From Effective Date of Order i.e. 26/8/91
	£3.21

(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, celluloising, stamping and knurling or crimpling."
	Per Hour
	From Effective Date of Order i.e. 26/8/91
	£
Workers of 18 years of age and over	2.95
Workers of 17½years of age and under 18 years	2.08
Workers of 17 years of age and under 17½ years	1.79
Workers of 16½ years of age and under 17 years	1.71
Workers of 16 years of age and under 16½years	1.60
Workers of 15½ years of age and under 16 years	1.42
Workers of 15 years of age and under 15½ years	1.29

(iv) For workers engaged in the manufacture of all household, toilet and industrial brushes which includes the manufacture of varnish brushes, head-making, sizing, wire twisting, etc.
	Per Hour
	From Effective Date of Order i.e. 26/8/91
	£
Workers of 18 years of age and over	2.95
Workers of 17½years of age and under 18 years of age	2.08
Workers of 17 years of age and under 17½ years of age	1.79
Workers of 16½ years of age and under 17 years of age	1.71
Workers of 16 years of age and under 16½ years of age	1.60
Workers of 15½years of age and under 16 years of age	1.42
Workers of 15 years of age and under 15½ years of age	1.29

SCHEDULE I—

BRUSH AND BROOM BRANCH.

PART 2.

PIECEWORK BASIS TIME RATES.

SECTION I:

(A) For qualified craft workers employed on the operations specified in Sections (i) to (xi) (as outlined in Schedule 2, Part II of S.I. No. 205 of 1960 ).	Per Hour
	From Effective Date of Order i.e. 26/8/91
	£3.78

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

	Per Hour
	From Effective Date of Order i.e. 26/8/91	Percentage of Craft Rate
	£	%
1st Year of Apprenticeship	1.89	50
2nd Year of Apprenticeship	2.36	62½
3rd Year of Apprenticeship	2.84	75
4th Year of Apprenticeship	3.31	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.

SECTION II:

	Per Hour
	From Effective Date of Order i.e. 26/8/91
	£
(i) For adult workers specified in Section 3 (i) of Part 1 of this Schedule	3.36
(ii) For adult workers specified in section 3 (ii) of Part 1 of this Schedule	3.28
(iii) For adult workers specified in section 3 (iv) of Part 1 of this Schedule	2.99

The guaranteed time rates of hourly wages for workers covered by Part 2, Section 3, shall be as per the General Minimum time Rates set out in the appropriate sub-section of Part I, 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 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 I:

	Per Hour
	From Effective Date of Order i.e. 26/8/91
(A) Qualified craft workers employed on either of the operations of "Winding" or "Stitching."	£3.53

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

	Per Hour
	From Effective Date of Order i.e. 26/8/91	Percentage of Craft Rate
	£	%
1st year of Apprenticeship	1.77	50
2nd year of Apprenticeship	2.21	62½
3rd year of Apprenticeship	2.65	75
4th year of Apprenticeship	3.09	87½

SECTION II:

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

	Per Hour
	From Effective Date of Order i.e. 26/8/91
	£
Workers of 21 years of age and over	3.53
Workers of 20 years of age and under 21 years of age	2.47
Workers of 19 years of age and under 20 years of age	1.91
Workers of 18 years of age and under 19 years of age	1.85
Workers of 17 years of age and under 18 years of age	1.43
Workers of 16 years of age and under 17 years of age	1.17
Workers of 15 years of age and under 16 years of age	1.03

SECTION III:

Workers employed in the sorting of Corn.

	Per Hour
	From Effective Date of Order i.e. 26/8/91
	£
Workers of 21 years of age and over	2.96
Workers of 18 years of age and under 21 years of age	2.92
Workers of 17½years of age and under 18 years of age	2.09
Workers of 17 years of age and under 17½ years of age	1.77
Workers of 16½ years of age and under 16 years of age	1.71
Workers of 16 years of age and under 16½ years of age	1.60
Workers of 15½ years of age and under 16 years of age	1.42
Workers of 15 years of age and under 15½ years of age	1.29

SCHEDULE II—

TWIG-MAKING BRANCH.

PART 2.

PIECE-WORK BASIS TIME-RATE.

SECTION I:

(A) For qualified workers engaged in the operations of "Winding" or "Stitching.	Per Hour
	From Effective Date of Order i.e. 26/8/91

	£3.63

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

	Per Hour
	From Effective Date of Order i.e. 26/8/91	Percentage of Craft Rate
	£	%
1st year of Apprenticeship	1.82	50
2^nd year of Apprenticeship	2.27	62½
3rd year of Apprenticeship	2.72	75
4th year of Apprenticeship	3.18	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 I:

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

	Normal hours	Maximum hours
Workers between 15 and 16 years of age: in any week not exceeding	37½	40
Workers over 16 years of age: in any week not exceeding	39
Workers over 16 years and under 18 years, the maximum number of hours which may be worked shall be governed by the provisions of the Protection of Young Persons (Employment) Act, 1977 .

( b ) The working week shall be one of 5 days, the off-day to be taken on the normal local short day, unless otherwise mutually agreed between the employer and worker.

PROVIDED THAT:—

(i) All hours worked by a worker on the weekly off-day, on Sundays and on customary Public or Statutory Holidays shall be regarded as overtime to which the overtime rates shall apply.

(ii) In any week in which one or more customary Public or Statutory Holidays occur, the normal number of hours shall be less in respect of each such holiday, the number of hours which would have been worked on such holidays if it had been a normal working day.

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 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.

SECTION IV: ANNUAL HOLIDAYS

Those workers who do not have 20 days paid leave shall be entitled to a total of 20 days paid leave in the current leave year and thereafter. The entitlement to these additional day(s) shall be based on the provisions of the Holidays (Employees) Act, 1973 .

SECTION 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 £0.50 p.w.

After completion of 10 years service with the same firm £1.00 p.w.

After completion of 15 years service with the same firm £1.50 p.w.

After completion of 20 years service with the same firm £2.00 p.w.

(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 Calender year in which employment commences.

(4) Interruption in employment due to illness or temporary redundancy not to effect 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.

SECTION VI: 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 cost of funding the Sick Pay Scheme will be shared equally betweenn the employer and employees in each Company in the trade.

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 VII: 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 workers 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 £2,000 shall be paid to his/her legal representative.

SECTION VIII: PENSION SCHEME

NORMAL PENSION DATE:

The 70th anniversary of birth for members age 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 who 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 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 premium paid on his or her behalf.

DEPENDANT'S PENSION:

The Scheme will include provisions 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' payments 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.

SECTION IX: COMPASSIONATE LEAVE

Insofar 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 14th day of August, 1991.

(Signed) KEVIN HEFFERNAN,

Chairman.

EXPLANATORY NOTE.

This instrument fixes minimum rates of pay and conditions of employment as from 26th August, 1991 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.