S.I. No. 39/1937 - Apprenticeship Act, 1931. Apprenticeship Committee For The Brush and Broom Trade (Confirmation of Rules) Order, 1937.

1. This Order may be cited for all purposes as the Apprenticeship Committee for the Brush and Broom Trade (Confirmation of Rules) Order, 1937.

2. The rules set out in the Schedule to this Order are hereby confirmed.

3. The rules set out in the Schedule to this Order shall come into force on the 15th day of March, 1937.

By Order of the Minister for Industry and Commerce.

Dated this 27th day of February, 1937.

(Signed) JOHN LEYDON,

Secretary,

Department of Industry and Commerce.

SCHEDULE.

RULES MADE BY THE APPRENTICESHIP COMMITTEE FOR THE BRUSH AND BROOM TRADE ON THE 17th DAY OF NOVEMBER, 1936.

PART I.—RULES APPLICABLE TO APPRENTICES EMPLOYED IN BRANCHES OF THE TRADE OTHER THAN THE TWIG-MAKING BRANCH.

SECTION 1.—APPRENTICESHIP CLASSIFICATION RULES.

The Committee declare that employment in Branches of the Trade other than the Twig-Making Branch of each class of persons specified hereunder, in the manner specified, shall constitute employment by way of apprenticeship in the Trade :—

MALE APPRENTICES.

Male employees who have not completed the period of employment indicated in Section II of this Part of this Schedule, and who are employed in one or more of the following branches of work

(

a

) " Pan, " (

b

) " Hairs, " (

c

) " Finishing, " i.e., the work of all wood-workers employed in finishing or part-finishing brushes or brooms by hand or machine, (

d

) " Boring," (

e

) the manufacture of Painting, Whitewash, Tar, or Medical Brushes, (

f

) the manufacture or part manufacture of stocks for brushes or brooms, or of handles for brushes, (

g

) the hackling, cutting or combing of bass or fibre used in the manufacture of brushes or brooms.

FEMALE APPRENTICES.

Female employees who have not completed the period of employment indicated in Section II of this Part of this Schedule, and who are employed in one or more of the following branches of work

(

h

) " Drawing, " (

i

) " Polishing, " (

j

) " Machine Boring, " (

k

) " Machine Filling, " (

l

) the manufacture of Varnish, Medical, and Wire-Twisted Brushes.

SECTION II.—RULES REGULATING THE PERIOD OF APPRENTICESHIP.

The Committee specify the period of employment by way of apprenticeship in Branches of the Trade other than the Twig Making Branch as being :—

(

a

)

Five years

in the case of Male Employees.

(

b

)

Three years

in the case of Female Employees.

Provided that

—

(i) There shall be

included

in the calculation of the specified period of employment any period prior to the date on which these Rules become effective during which the employee concerned was employed in one or more of the branches of work specified in Section I of this Part of this Schedule.

(ii) An employer may employ an apprentice on

first

employment in the Trade for

a probationary period not exceeding

eight weeks

.

(iii) The Rules regulating the period of apprenticeship shall not apply in relation to such probationary period unless the employment of the apprentice in the Trade continues or is resumed thereafter,

(iv) The other Rules indicated in this Part of this Schedule shall apply during and in relation to such probationary period.

SECTION III.—RULES REGULATING MINIMUM RATES OF WAGES.

The Committee specify hereunder the minimum rates of wages (other than wages for overtime) to be paid to persons employed by way of apprenticeship in Branches of the Trade other than the Twig-Making Branch :—

MALE APPRENTICES.

(1)

Minimum Time-Rates

.

The minimum rates to be paid to Male Apprentices employed on time-work shall be equivalent during the

first three years

of the period of apprenticeship to

one-half

, during the

fourth year

of the period to

seven-twelfths

, and during the

fifth year

of the period to

two-thirds

, of the General Minimum Time-Rates specified, in Schedule I, Part I, Section I, of the Notice B.B. (N. 57), dated 13th December, 1935, issued by the Brush and Broom Trade Board.

Provided that the minimum rates to be paid to Male Apprentices of

22 years

of

age and over

employed on time-work shall be rates equivalent to the General Minimum Time-Rates specified in Schedule I, Part I, Section I, of the Notice referred to.

(2)

Minimum Piece-Rates

.

The minimum rates to be paid to Male Apprentices employed on piece-work shall be equivalent, during the

first three years

of the period of apprenticeship to

one-half,

during the

fourth year

of the period to

seven-twelfths

, and during the

fifth year

of the period to

two-thirds

, of the General Minimum Piece-Rates specified in Schedule I, Part II, of the Notice B.B. (N. 57), dated 13th December, 1935, issued by the Brush and Broom Trade Board.

Provided that the minimum rates to be paid to Male Apprentices

of 22 years

of

age and over

employed on piece-work shall be rates equivalent to the General Minimum Piece-Rates specified in Schedule I, Part II, of the Notice referred to.

(3)

Basic Rates for Piece-Work

.

Male Apprentices who are employed on piece-work to which specific piece-rates are not applicable under the Determinations of the Brush and Broom Trade Board shall be entitled to receive for each process or operation performed by them a piece-rate equivalent, during the

first three years

of the period of apprenticeship to

one-half

, during the

fourth year

of the period to

seven-twelfths

, and during the

fifth year

of the period to

two-thirds

, of such piece-rate as would yield, in the circumstances of the case, to an

ordinary

worker of the class specified in Schedule I, Part I, Section I, of the above-mentioned Notice, not less than the General Minimum Time-Rate payable to such worker.

Provided that Male Apprentices

of

22 years

of

age and over

who are employed on piece-work to which specific piece-rates are not applicable shall be entitled to receive for each process or operation performed by them a piece-rate equivalent to such piece-rate as would yield, in the circumstances of the case, to an

ordinary

worker of the class specified in Schedule I, Part I, Section I, of the above-mentioned Notice not less than the General Minimum Time-Rate payable to such worker.

In determining such piece-rate, calculations shall be based on the earnings of an

ordinary

worker, i.e., a worker of

ordinary skill and

experience

employed in similar circumstances on such operation or process, and not on the earning of apprentices, infirm workers, or other workers of greater or less than ordinary skill and experience.

(4)

General Proviso to Paragraphs

(1), (2)

and

(3)

above.

(

a

) The minimum rates of wages specified for Male Apprentices in Paragraphs (1), (2) and (3) above shall apply subject to the proviso that during the

first four months

of employment by way of apprenticeship, and during the

first three months

of employment by way of apprenticeship in a Branch of the Trade other than that in which the period of apprenticeship was commenced, Male Apprentices shall receive, per week of 48 hours, or 40 hours, as the case may be, rates of wages equivalent to the Guaranteed Time-Rates specified in Schedule I, Part III, Section I, of the Notice B.B. (N. 57), dated 13th December, 1935, issued by the Brush and Broom Trade Board, and the payment of these rates shall be subject to the same conditions as apply to the payment of the Guaranteed Time-Rates referred to.

(

b

) The Minimum Rates of Wages payable to Male Apprentices in the above-mentioned Branches of the Trade shall be subject to variation in accordance with a variation in the " Cost of Living Figure " in the same manner, and under the same conditions, as specified in the Notice B.B. (N. 57), dated 13th December, 1935, issued by the Brush and Broom Trade Board.

FEMALE APPRENTICES.

(1)

Minimum Time-Rates

. The minimum rates to be paid to Female Apprentices employed on time-work shall be equivalent to the General Minimum Time-Rates specified in Schedule II, Part I, of the Notice B.B. (N. 57), dated 13th December, 1935, issued by the Brush and Broom Trade Board.

(2)

Minimum Piece-Rates and Basic Rates for Piece-Work.

The minimum rates to be paid to Female Apprentices employed on piece-work shall be rates equivalent, during the

first year

of the period of apprentice ship to

one-half

, during the

second year

of the period to

seven-twelfths

, and during the

third year

of the period to

three-fourths

, of the General Minimum Piece-Rates specified in Schedule II, Part III, of the Notice B.B. (N. 57), dated 13th December, 1935, issued by the Brush and Broom Trade Board, or where no specific piece-rates are applicable to the piece-work on which the apprentice is engaged, of piece-rates which would yield, in the circumstances of the case, to an

ordinary

worker, not less than the rates set out in Schedule II, Part II, of the above-mentioned Notice.

In determining such piece-rate, calculations shall be based on the earnings of an

ordinary

worker, i.e., a worker of

ordinary skill and

experience

, employed in similar circumstances on such operation or process, and not on the earnings of apprentices, infirm workers, or other workers of greater or less than ordinary skill and experience.

(3)

Guaranteed Time-Rates

.

For the purpose of securing to Female Apprentices employed on piece-work a minimum rate of remuneration on a time-work basis, such apprentices shall be entitled to receive, as minimum rates of wages, the rates set out in Schedule II, Part I, of the Notice B.B. (N. 57) dated 13th December, 1935, issued by the Brush and Broom Trade Board.

(4)

General Proviso to Paragraphs

(

1

),

(

2

)

and

(

3

)

above

.

The minimum rates of wages payable to Female Apprentices in the above-mentioned Branches of the Trade shall be subject to variation in accordance with a variation in the " Cost of Living Figure " in the same manner, and under the same conditions, as specified in the Notice B.B. (N. 57), dated 13th December, 1935, issued by the Brush and Broom Trade Board.

SECTION IV.—RULES REGULATING MAXIMUM HOURS OF WORK.

The Committee prescribe 48

hours

as being the maximum number of hours (exclusive of overtime) which may be worked

in any

week

by persons of 18

years of age and over

employed by way of apprenticeship in any Branch of the Trade other than the Twig-Making Branch, and 40

hours

as being the maximum number of hours (exclusive of overtime) which may be worked

in any week

by persons similarly employed whose age is

less than

18

years

.

SECTION V.—RULES REGULATING THE NUMBER OF APPRENTICES.

The Committee fix in relation to each employer carrying on any Branch of the Trade other than the Twig-Making Branch, and specified in a list of such employers from time to time prepared by the Committee, the number of Apprentices which the Committee consider should be employed by each such employer in such Branch of the Trade, as follows :—

(1)

One

Male Apprentice to

six

other Male Workers employed in one or more of the Branches of work specified in Section I of this Part of this Schedule, and who have been so employed for not less than

five years

.

(2)

One

Female Apprentice to

two

other Female Workers employed in one or more of the Branches of work specified in Section I of this Part of this Schedule.

Provided

that

the number of male or female workers (other than Apprentices) to be taken into calculation for the purposes of these Rules shall be the

average weekly number

of such workers, as above defined, employed by such employer

during a period of

52

weeks

ending on the date on which the Apprentice concerned is taken into his employment, or ending on the date notified by the Committee to such employer as that to which an order made by the Committee under

Section 21

(1) of the

Apprenticeship Act, 1931

, relates.

SECTION VI.—RULES REGULATING APPRENTICESHIP PREMIUMS.

The Committee

prohibit the taking

by any employer of any fee, premium, or other consideration in respect of the employment of any person by way of apprenticeship in any Branch of the Trade other than the Twig-Making Branch.

PART II.—

RULES APPLICABLE TO APPRENTICES EMPLOYED IN TWIG-MAKING BRANCH OF THE TRADE.

SECTION I.—APPRENTICESHIP CLASSIFICATION RULES.

The Committee declare that employment in the Twig-Making Branch of the Trade of the class of persons specified hereunder, in the manner specified, shall constitute employment by way of apprenticeship in the Trade :—

Male employees who have not completed the appropriate period of employment indicated in Section II of this Part of this Schedule, and who are employed during the whole or a substantial part of the hours of work in performing either or both of the operations of " Winding " and " Stitching. "

SECTION II.—RULES REGULATING THE PERIOD OF APPRENTICESHIP.

The Committee specify the period of employment by way of apprenticeship in the Twig-Making Branch of the Trade as being

five years

.

Provided that—

(i) There shall be

included

in the calculation of the specified period of five years any period prior to the date on which these Rules become effective during which the employee concerned was employed on either or both of the specified operations.

(ii) An employer may employ an apprentice on his

first

employment in the Trade for a

probationary period not exceeding eight weeks.

(iii) The Rules regulating the period of apprenticeship shall not apply in relation to such probationary period unless the employment of the apprentice in the Trade continues or is resumed thereafter.

(iv) The other Rules indicated in this Part of this Schedule shall apply during and in relation to such probationary period.

SECTION III.—RULES REGULATING MINIMUM RATES OF WAGES.

The minimum rates of wages to be paid to persons employed by way of apprenticeship in the Twig-Making Branch of the Trade shall be as indicated hereunder :—

(1)

Minimum Time-Rates

.

The minimum rates of wages (other than wages for overtime) to be paid to apprentices employed on time-work shall be as follows :—

During any part of the appropriate period of apprenticeship

other than the final year

rates equivalent to

one-half

of the General Minimum Time Rates specified in Part I, Section I, of the Schedule to the Notice B.B. (N. 58), dated 2nd December, 1935, issued by the Brush and Broom Trade Board, and

during the final year

of the appropriate period of apprenticeship rates equivalent to

two-thirds

of the General Minimum Time Rates so specified.

Provided that the minimum rates of wages to be paid to

apprentices of

22

years of age and over

employed on time-work shall be rates equivalent to the General Minimum Time-Rates specified in Part I, Section I of the Schedule referred to.

(2)

Minimum Piece-Rates

.

The minimum rates of wages (other than wages for overtime) to be paid to apprentices employed on piece-work shall be as follows :—

During any part of the appropriate period of apprenticeship

other

than the final

year

rates equivalent to

one-half

of the General Minimum Piece-Rates specified in Part II of the Schedule to the Notice B.B. (N. 58), dated 2nd December, 1935, issued by the Brush and Broom Trade Board, and

during the final year

of the appropriate period of apprenticeship rates equivalent to

two-thirds

of the General Minimum Piece-Rates so specified.

Provided that the minimum rates of wages to be paid to

apprentices of 22 years

of

age and over

employed on piece-work shall be rates equivalent to the General Minimum Piece-Rates specified in Part II of the Schedule referred to.

(3)

Variation of Minimum Rates in accordance with variation in Cost of Living Figure.

The minimum rates of wages payable to apprentices in the Twig-Making Branch of the Trade shall be subject to variation in accordance with a variation in the " Cost of Living Figure " in the same manner, and under the same conditions, as specified in the Notice B.B. (N. 58), dated 2nd December, 1935, issued by the Brush and Broom Trade Board.

SECTION IV.—RULES REGULATING MAXIMUM HOURS OF WORK.

The Committee prescribe 48

hours

as being the maximum number of hours (exclusive of overtime) which may be worked

in any

week by persons of

18

years of age and over

employed by way of apprenticeship in the Twig-Making Branch of the Trade, and 40

hours

as being the maximum number of hours (exclusive of overtime) which may be worked

in any week

by persons similarly employed whose age is

less than

18

years.

SECTION V.—RULES REGULATING THE NUMBER OF APPRENTICES.

The Committee fix in relation to each employer carrying on the Twig-Making Branch of the Trade, and specified in a list of such employers from time to time prepared by the Committee, the number of Apprentices which the Committee consider should be employed by each such employer in that Branch, as follows :—

One

Apprentice to

four

other Male Workers employed by such employer on either or both of the operations of " Winding " and " Stitching, " and who have been so employed for not less than

five years

.

Provided

that

the number of male workers (other than apprentices) to be taken into calculation for the purposes of these Rules shall be the

average weekly number

of such persons, as above defined, employed by such employer

during a period of

52

weeks

ending on the date on which the apprentice concerned is taken into his employment, or ending on the date notified by the Committee to such employer as that to which an order made by the Committee under the provisions of

Section 21

(1) of the

Apprenticeship Act 1931

, relates.

SECTION VI.—RULES REGULATING APPRENTICESHIP PREMIUMS.

The Committee

prohibit the taking

by any employer of any fee, premium, or other consideration in respect of the employment of any person by way of apprenticeship in the Twig-Making Branch of the Trade.

PART III.—DEFINITION OF TRADE.

The Brush and Broom Trade is defined in the Schedule to the Apprenticeship Act (Brush and Broom Trade) Special Order, 1935, as being :—

The manufacture of brushes (other than feather brushes) or brooms, including the following operations where all or any of them are carried on in association with or in conjunction with the manufacture of such brushes or brooms—

(

a

) the drafting, dressing or mixing of bass, whisk or similar fibres, or animal bristles or hair and the working of wood, bone, ivory or celluloid ;

(

b

) all finishing, warehousing, packing or other operations incidental to or appertaining to the manufacture of such brushes or brooms ;

but excluding

the following operations :—

The sawing and turning of wood as a preliminary operation to the manufacture of such brushes or brooms ; the making of metal parts and the mounting of brushes with metal or tortoise-shell backs.

PART IV.—GENERAL.

(1) It is provided by

Section 37

of the

Apprenticeship Act, 1931

, that :—

Whenever rules made by an Apprenticeship Committee for a Trade-Board Trade are for the time being in force, the provisions of the Trade Boards Acts, 1909 and 1918, in relation to

any matter the subject of such rules

shall cease to have effect in the district of such Committee.

(2) The expression " Trade-Board Trade " is defined in the

Apprenticeship Act, 1931

, as meaning a trade in respect of which a Trade-Board, established under the Trade Boards Acts, 1909 and 1918, is for the time being in existence.

STATUTORY RULES AND ORDERS. 1937. No. 39.

APPRENTICESHIP ACT, 1931.APPRENTICESHIP COMMITTEE FOR THE BRUSH AND BROOM TRADE (CONFIRMATION OF RULES) ORDER, 1937.

THE APPRENTICESHIP COMMITTEE FOR THE BRUSH AND BROOM TRADE (CONFIRMATION OF RULES) ORDER, 1937, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 27TH DAY OF FEBRUARY, 1937, PURSUANT TO SUB-SECTION (1) OF

SECTION 9

of THE

APPRENTICESHIP ACT, 1931

.

WHEREAS the Apprenticeship Committee for the Brush and Broom Trade, established in accordance with the Brush and Broom Trade (Constitution of Apprenticeship Committee) Regulations 1935, for the particular trade declared by the Apprenticeship Act (Brush and Broom Trade) Special Order, 1935, to be a designated trade for the purposes of the

Apprenticeship Act, 1931

, and in the area constituted by the Apprenticeship Act (Brush and Broom Trade) Apprenticeship District Order, 1935, to be an apprenticeship district for the purposes of such designated trade (namely, the whole of Saorstát Eireann), has, in exercise of the powers conferred on it by Section 8 of the said Act, made the rules set out in the Schedule to this Order, and has submitted the same to the Minister for Industry and Commerce

AND WHEREAS it is enacted by sub-section (1) of Section 9 of the said Act that the Minister for Industry and Commerce may, in respect of any rule submitted to him by an apprenticeship committee under the said Act, either by order confirm such rule or refuse to confirm such rule

NOW, THEREFORE, the Minister for Industry and Commerce, in exercise of the powers conferred on him by sub-section (1) of

Section 9

of the

Apprenticeship Act, 1931

, and of every and any other power him in this behalf enabling, hereby orders as follows, that is to say :—