Labour Court Database __________________________________________________________________________________ File Number: CD87787 Case Number: DEC876 Section / Act: S57(1) Parties: JOBMAN WORKWEAR LIMITED - and - NATIONAL UNION OF TAILORS AND GARMENTS WORKERS |
Investigation as to whether or not the Shirtmaking Joint Labour Committee (J.L.C.) operates as respects the workers employed by the Company.
Recommendation:
5. The Court is satisfied that the workers concerned are workers
to whom the Shirtmaking Joint Labour Committee operates.
The Court so decides.
Division: Mr Fitzgerald Mr Shiel Mr O'Murchu
Text of Document__________________________________________________________________
CD87787 DECISION NO. DEC687
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 57(1)
PARTIES: JOBMAN WORKWEAR LIMITED
and
NATIONAL UNION OF TAILORS AND GARMENTS WORKERS
SUBJECT:
1. Investigation as to whether or not the Shirtmaking Joint
Labour Committee (J.L.C.) operates as respects the workers
employed by the Company.
BACKGROUND:
2. The Company manufactures protective clothing and work wear in
its factory in Cavan and has been in production there since 12th
October, 1987. Current employment is 40 people. The Company's
output is exported to the Parent Company in Sweden. Prior to
commencing production, wages were set out at levels operating in
the Shirtmaking J.L.C. (Appendix A) and a temporary agreement to
this effect was signed by the Company and the Union. On 9th
October, 1987, the Company applied to the Labour Court, under
Section 57(1) of the Industrial Relations Act, 1946, for a
decision as to whether or not the Shirtmaking J.L.C. operates as
respects the Company's employees. A Court investigation took
place on 2nd December, 1987, in Cavan.
UNION'S ARGUMENTS:
3. 1. The Company is, at present, producing a quality jacket
with a high added value. It is also possible that the
Company will produce trousers from the same or similar
materials to the same quality standards. The Union contends
that the Trade Boards and the J.L.C.'s could not have forseen
that a multi-layered garment of such high quality would be
produced and still remain within the original intent of the
Trade Boards (Shirtmaking) Order 1920, when it refers to
"other washable clothing worn by male persons". The Union
believes this refers to garments which were unlined of
relatively low quality and low value added, (eg. shop-coats
or overalls).
2. The Union believes that the Tailoring J.L.C. Employment
Regulation Order (Appendix B) is more appropriate. Part VI
of that Order defines workers in relation to whom the J.L.C.
operates as follows -
"(a) Men's and boy's ready-made and wholesale bespoke
tailoring".
The Union contends that the garment being made is a
ready-made garment for men and that wholesale bespoke
tailoring is literally the making of stock sizes, in bulk,
for wholesale. Therefore the Tailoring J.L.C. is
appropriate.
3. The Tailoring J.L.C. further refers to "(2) the lining
with fur of the above mentioned garments where carried out in
association with or in conjunction with, the making of such
garments". The Union submits that as the garments are
multi-layered, with the lining made from quilting, this
should be taken to mean that the lining is acting as a modern
substitute for fur and therefore comes within the intent of
the Tailoring J.L.C. Order.
COMPANY'S ARGUMENTS:
4. 1. The Company's products are protective clothing and
workwear. In the majority of cases, the manufacture of
workwear in Ireland is covered by the Shirtmaking J.L.C.
2. In a previous Labour Court Decision, (Decision No. 1 of
1987), the Court found that the workers of Wenaas Limited are
workers in relation to whom the Shirtmaking J.L.C. operates.
As Wenaas produce a similar range of workwear to the Company,
the same J.L.C. should apply.
3. The Company considers that its products fall within the
definitions of the Shirtmaking Trade as set out in the Trade
Board (Shirtmaking) Order 1920 and in support of this
argument would point out that all of its products are
washable which would bring them within the terms of
definition 1. of Part V of notice (N 57) "other washable
clothing worn by male persons".
DECISION:
5. The Court is satisfied that the workers concerned are workers
to whom the Shirtmaking Joint Labour Committee operates.
The Court so decides.
~
Signed on behalf of the Labour Court
22nd December, 1987 Nicholas Fitzgerald
B.O'N./P.W. Deputy Chairman
APPENDIX A
The Shirtmaking Trade as specified in the Trade Boards
(Shirtmaking) Order, 1970.
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(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 chefs' 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.
APPENDIX B
The Tailoring Trade as defined in the schedule to the
Establishment Order (Tailoring Joint Labour Committee) Amendment
Order, 1953 (S.I. No. 334 of 1953).
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THE TAILORING TRADE - that is to say -
(a) Men's and boys' ready-made and wholesale bespoke tailoring;
(b) Men's and boys' retail bespoke tailoring carried on in a
factory where garments are made up for three or more retail
establishments.
(c) The making from any material of men's or boys' headgear.
(d) The making from rubberised or oilskin material commonly
called plastic of men's or women's, boys' or girls' out
garments excluding aprons and
(e) The making, from rubberised or oilskin material or material
commonly called plastic, of women's or girls' headgear where
carried out in association with, or in conjunction with, the
operation described at (d) of this schedule.
including -
(1) (a) the altering, repairing, renovating or remaking of men's
or boys' tailored garments where carried out in
association with, or in conjunction with, the
above-mentioned branches of tailoring;
(b) the cleaning of such garments where carried out in
association with, or in conjunction with, the altering,
repairing, renovating or re-making of such garments.
(2) The lining with fur of the above-mentioned garments where
carried out in association with, or in conjunction with, the
making of such garments.
(3) All processes of embroidery or decorative needlework where
carried out in association with, or in conjunction with, the
above branches of tailoring.
(4) All warehousing, packing and other operations incidental to,
or appertaining to, any of the above-mentioned branches of
tailoring.
but excluding -
(1) The making of boys' readymade washing suits or sailor suits
where carried out in association with, or in conjunction
with, the making of garments to be worn by women or girls or
by children without distinction of sex.
(2) The making of knitted headgear and the making of headgear
from knitted fabrics where carried out in association with,
or in conjunction with, the manufacture of knitted fabrics.
(3) The casting and making of solid metal helmets.
(4) The making of chefs' caps and similar articles.
(5) The making of fur hats where made in association with, or in
conjunction with, the manufacture of furs or furriers' skins
into garments, rugs or similar articles.
(6) The making of headgear which -
(a) is for men or male children, and
(b) is made from materials which, at any stage in the making
of headgear, are felted on the premises in which the
headgear is made.