No. 372/1947:

SHIRTMAKING JOINT LABOUR COMMITTEE EMPLOYMENT REGULATION ORDER, 1947.

SHIRTMAKING JOINT LABOUR COMMITTEE EMPLOYMENT REGULATION ORDER, 1947.

THE LABOUR COURT.

INDUSTRIAL RELATIONS ACT, 1946 .

SUBMISSION having been made to the Labour Courr by the Shirtmaking Joint Labour Committee of 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 :

THE LABOUR COURT, the provisions of Section 43 of the Industrial Relations Act, 1946 , having been complied with, by virtue of the powers conferred upon it by the said Section 43 HEREBY ORDERS as follows :—

1. This Order may be cited as the Shirtmaking Joint Labour Committee Employment Regulation Order, 1947.

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

3. The provisions of the Schedule hereto shall have effect as from the 1st day of August, 1947, and as from that date the Order of the Minister for Industry and Commerce dated the 19th day of August, 1946, made under the provisions of the Trade Boards Acts, 1909 and 1918, confirming the variation of minimum rates of wages for workers in the Shirtmaking Trade shall be revoked.

SCHEDULE I.

MINIMUM RATES OF REMUNERATION FOR WORKERS OTHER THAN THOSE EMPLOYED IN THE TIE-MAKING SECTION OF THE TRADE.

PART I.

GENERAL MINIMUM TIME-BATES FOK MALE WORKERS.

PART II.

PIECE-WORK BASIS TIME-RATE FOR MALE CUTTERS.

PART III.

GENERAL MINIMUM TIME-RATES FOR FEMALE WORKERS.

SECTION II.—FEMALE LEARNERS, as defined in Part 5 of Schedule IV. (ALL AREAS).

PART IV.

PIECE-WORK BASIS TIME-RATE FOR ALL FEMALE WORKERS.

Female Workers (including female learners as defined in Part 5 of Schedule IV) when employed on Piece-work for which no General Minimum Piece-Rate has been fixed by the Committee, shall be paid for each operation on which so employed a Piece-Rate not less than that which would yield in the circumstances of the case, to an ordinary worker at least 1s. 1½d. per hour (1s. 1d. per hour in the case of a worker employed in Co. Donegal).

PART V.

GENERAL MINIMUM PIECE-RATES FOR FEMALE HOME-WORKERS.

SECTION I.—COARSE SHIRTS.

General Minimum Piece-Rates for Home Workers employed in making Coarse Shirts ,—

(The above rates cover all the machine work normally done by the Homeworker on the Shirts but do not cover the making of button holes and sewing on of buttons).

Additional rates to be paid in the case of shirts in which the under-mentioned variations occur :—

WITH AN ADDITION OF 50 PER CENT.

For the purpose of the General Minimum Piece-Rates set out in this part of the Schedule, the following definitions and conditions shall apply :—

(i) A coarse shirt shall be deemed to be a shirt made from any kind of the following materials :—Flannelette, Army grey, khaki, sateen drill, coarse Oxford, Harvard and twisted tweed.

(ii) A plain square shirt shall be deemed to be a shirt without shape in the armholes, skirts or cuffs, with a shoulder piece or lifted shoulder, with band and cuffs made of one piece, and with single breast piece having only one row of stitching and the bottom square or diamond.

SECTION II.—SHIRTS OTHER THAN COARSE SHIRTS.

(A) Home-workers employed elsewhere than in County Donegal.

The General Minimum Piece-Rates for Home-workers employed elsewhere than within the Administrative Area of the County of Donegal in making shirts other than Coarse Shirts, shall be the rates set out below.

WITH AN ADDITION OF 50 PER CENT.

(B) Home-workers employed in County Donegal.

The General Minimum Piece-Rates for Home-workers, employed within the Administrative Area of the County of Donegal in making Shirts other than Coarse Shirts shall be the rates shown hereunder :—

WITH AN ADDITION OF 50 PER CENT.

SECTION III.—PYJAMAS.

Home-workers employed in County Donegal.

The General Minimum Piece-Rates for Home-workers employed within the Administrative Area of the County of Donegal in making Pyjamas shall be the rates shown hereunder.

(a) Machining Pyjamas, including the following processes :—

Stitching Pocket on Jacket (one piece pocket). Double stitching or felling Pants and Jacket (full back), 4 seams in Jacket, 4 seams in Sleeves, and 3 seams in Pants. Stitching on Collar. Laying up and stitching skirt of Jacket and ends of Sleeves and Pants. Making Girdle Hem, and inserting Girdle. Making Fly. Putting on Patch. Stitching on Size Labels on Jacket and Pants. Runing, turning and stitching collar. Laying and Stitching on one-piece strap :—

(b) The following additional Rates shall be paid in respect of the processes and variations named hereunder :—

WITH AN ADDITION OF 50 PER CENT.

SCHEDULE II.

MINIMUM RATES OF REMUNERATION FOR WORKERS EMPLOYED IN THE TIE-MAKING SECTION OF THE TRADE.

PART I.

GENERAL MINIMUM TIME-RATES FOR MALE WORKERS. (ALL AREAS).

PART II.

GENERAL MINIMUM TIME-RATES FOR FEMALE WORKERS (ALL AREAS).

PART III.

PART IV.

SCHEDULE III.

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 :—

The Minimum Rate for Overtime to apply in respect of all hours worked in excess of the above declared normal number of hours shall be one-and-a-quarter times the Minimum Rate (whether Time-Rate or Piece-Rate) otherwise applicable, i.e.,time-and-a-quarter.

SCHEDULE IV.

PART I.

DEFINITION OF WORKERS.

The Minimum Rates of Remuneration and Conditions of Employment set out in this Order shall apply subject to the provisions of the Industrial Relations Act, 1946 , and of this Order, to all workers in respect of any time during which they are employed in those branches of the trade which are specified in the Trade Boards (Shirtmaking) Order, 1920, that is to say :—

(1) The making from textile fabrics of shirts, collars, cuffs, pyjamas, aprons, chefs' caps, hospital ward caps and other washable clothing worn by Male persons;

(2) the making of women's collars and cuffs and of nurses' washing belts, where carried on in association with or in conjunction with the making of the before-mentioned articles;

(3) the making of neckties worn by Male persons, and of neckties worn by Female persons, where made in association with or in conjunction with the making of neckties worn by Male persons;

Including :—

Laundering, smoothing, folding, ornamenting, boxing, packing, warehousing, and all other operations incidental to or appertaining to the making of any of the above-mentioned articles :—

But excluding :—

(1) The making of articles which are knitted or are made from knitted fabrics ;

(2) the making of handkerchiefs, mufflers, gloves, socks, stockings, spats, gaiters, bonnets, hats or caps (other than chef's caps and hospital ward caps) ;

(3) the making of boys' washing suits ;

(4) the making of washable clothing to be worn by children without distinction of sex ;

(5) the making of any articles, the making of which is included in the Trade Boards (Tailoring) Order, 1919.

PART II.

SPECIAL OR MEASURE CUTTER.

A Special or Measure Cutter is a Male Worker who :—

(a) Is able to take a complete set of measures and cut from model patterns; and

(b) has sufficient technical knowledge to alter patterns (excluding Stock Patterns).

PART III.

APPRENTICE CUTTER.

An Apprentice Cutter is a Male Worker who—

(a) Is employed under a verbal or written agreement by an employer who undertakes to provide the Apprentice with reasonable and effective facilities for learning the Cutting Branch of the Trade including the operations of Hooking-up, Folding, Marking-in (stencilling) or Marking-out (pencilling) and Dividing; and

(b) has received a certificate or has been registered in accordance with rules from time to time laid down by the Committee or has made application for such certificate or registration which has been duly acknowledged and is still under consideration. Provided that the certification or registration of an Apprentice Cutter shall become invalid if at any time during apprenticeship the provisions set out in this Schedule relating thereto are not complied with. Provided that an employer may employ an Apprentice Cutter on his first employment in the Cutting Branch of the Shirtmaking Trade as defined in this Schedule without a certificate or registration for a probationary period not exceeding four weeks; but in the event of such apprentice being continued thereafter at his employment the probationary period shall be included in his period of apprenticeship.

PART IV.

HOME-WORKER.

The expression " Home-worker " shall be deemed to mean a worker who works in her own home or in any other place not under the control or management of the employer.

PART V.

FEMALE LEARNER.

A Female Learner is a Female Worker who :—

(a) Is employed during the whole or a substantial part of her time learning any branch or process of the trade, by an employer who provides the Learner with reasonable facilities for such learning; and

(b) has received a certificate or has been registered in accordance with rules from time to time laid down by the Joint Labour Committee or has made application for such certificate or registration which has been duly acknowledged and is still under consideration.

Provided that—

(c) The certification or registration of a Learner shall become invalid if at any time during the learnership the provisions set out in this Schedule relating thereto are not complied with;

(d) An employer may employ a Female Learner on her first employment in the branch or branches of the Trade as above described without a certificate or registration, for a probationary period not exceeding four weeks; but in the event of such Learner being continued thereafter at her employment the probationary period shall be included in her period of learnership.

(e) Notwithstanding compliance with the conditions contained in this Schedule, a person shall not be deemed to be a Female Learner if she works in a room used for dwelling purposes and is not in the employment of her parent or guardian.

(f) A Female Learner shall cease to be a Female Learner and shall be entitled to the full Minimum Time-Rate for Female Workers other than Learners upon the fulfilment of the following conditions :—

(g) No Female Learner shall be held to be entitled to the full Minimum Rates for Female Workers other than Learners until she has attained the age of 18 years, notwithstanding any employment she may have had.

(h) No Learner who has left and re-entered the Trade shall, after re-entry, serve a longer period as a Learner than would be permissable in the case of a person of the same age.

(i) AN APPLICATION FOR A LEARNER'S CERTIFICATE MUST BE MADE TO THE JOINT LABOUR COMMITTEE IN RESPECT OF EVERY WORKER WHOM IT IS DESIRED TO EMPLOY AT THE SPECIAL LOWER RATES FIXED FOR LEARNERS. Unless a Learner's Certificate has been obtained, or application has been made which has been acknowledged and is still under consideration and the other conditions of learners hip laid down in this Part of the Schedule are complied with, THE MINIMUM RATE PAYABLE IS THAT FOR WORKERS OTHER THAN LEARNERS.

(j) For the purpose of determining the Minimum Rate applicable there shall be included in the calculation of the period of employment of a Female Learner ONE-HALFOF THE PERIOD OF SUCH LEARNER'S ATTENDANCE AT A TECHNICAL SCHOOL for the purpose of receiving instruction in the Shirtmaking Trade from a teacher whose qualification has been approved by the Department of Education and who is employed by a Statutory Technical Instruction Committee.

(k) Such period of instruction in a Technical School shall not be regarded as " first employment in the branch or branches of the Trade " for the purpose of the provisions in (d) above relative to employment without a certificate or registration during the Learner's probationary period.

SCHEDULE V.

GENERAL.

Part I.—In the case of any worker employed on Piece-Work for which no General Minimum Piece-Rate has been fixed, the Minimum Piece-Rate payable shall be such as will yield in the circumstances of the case to an ordinary worker not less than the appropriate Basis Rate. In determining whether any piece-rate is sufficient to satisfy this condition regard must be had only 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, apprentices, and infirm workers.

For the purpose of the foregoing provisions the expression " Basis Rate means the Piece Work Basis Time-Rate fixed for the class of worker in question, or, where no such Piece-Work Basis Time-Rate has been fixed, the General Minimum Time-Rate which has been fixed for that class of worker.

Part II.—In totalling up any reckonings in the aggregate arrived at when paying the above rates every fraction of a farthing shall count as a farthing.

Part III.—The above Minimum Rates of Wages shall be payable on the basis that all sewings and other materials are supplied by the employer.

GIVEN under the Official Seal of the Labour Court this 26th day of July, 1947.

(Signed) M. GAVAGAN,

Registrar,

Labour Court.