Labour Court Database __________________________________________________________________________________ File Number: CD87150 Case Number: DEC873 Section / Act: S57(1) Parties: RIVERSIDE MANUFACTURING CO.LTD - and - ITGWU |
Request for a determination under Section 57(1) of the Industrial Relations Act, 1946, as to whether or not the Shirtmaking Joint Labour Committee (JLC) operates in respect of the employees of the Company.
Recommendation:
5. Having regard to the type of garments produced, the Court is
satisfied that the workers concerned are workers to whom the
Shirtmaking Joint Labour Committee operates.
The Court so decides.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD87150 THE LABOUR COURT DEC873
Section 57(1) INDUSTRIAL RELATIONS ACT, 1946
DECISION NO. 3 OF 1987
Parties: RIVERSIDE MANUFACTURING COMPANY (IRELAND) LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Request for a determination under Section 57(1) of the
Industrial Relations Act, 1946, as to whether or not the
Shirtmaking Joint Labour Committee (JLC) operates in respect of
the employees of the Company.
Background:
2. The Company is a subsidiary of the multi-national Riverside
Manufacturing Co based in Moultrie, Georgia, USA and commenced
manufacturing operations in Ireland in June 1985. Formerly
Riverside Manufacturing Co (Ireland) Ltd, a separate company to
the existing one, was set up in 1977 and was a service and
distribution branch for the American-based Company. This branch
ceased trading on the commencement of the present operation.
The Company is engaged in the manufacture of a wide range of
business uniforms. These include workwear items such as men's
trousers, jackets, shirts and body warmers. The Company's main
customers are the brewing, soft drinks, transportation and
security industries.
By letter dated the 17th February, 1987, the Federated Union of
Employers, on behalf of the Company, sought a determination from
the Labour Court as to whether or not the Shirtmaking JLC applies
to its employees. A Court hearing was held in Dundalk on the 1st
April, 1987.
Company's arguments:
3. (a) The Shirtmaking JLC operates in relation to all workers
in respect of any time during which they are employed
in those branches of the trade which are specified in the
Trades Boards (Shirtmaking) Order, 1920. It then goes on
to define the Shirtmaking trade as:
(i) The making from textile fabrics of shirts,
collars, cuffs, pyjamas, aprons, chefs caps,
hospital ward caps and other washable clothing
worn by male persons;
(ii) The making of women's collars and cuffs and of
nurses washing belts carried on in association
with or in conjunction with the before-mentioned
articles;
(iii) The making of neck ties worn by male persons and
of neck ties worn by female persons where made in
association with or in conjunction with the making
of neck ties worn by male persons.
The order then goes on to provide that the above
definitions include ancillary work 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.
(b) The Company manufactures a wide range of business
uniforms. The Company contends that all the items which
comprise one uniform and the operations involved in their
manufacture fall directly within the first definition of
the Trade Boards (Shirtmaking) Order, 1920, i.e. "the
making from textile fabrics of shirts, collars, cuffs,
pyjamas, aprons, chefs caps, hospital ward caps and other
washable clothing worn by male persons".
(c) Shirts
50% of the Company's total production is involved in the
manufacture of shirts. These are made from high quality
poplin fabric with two pockets, dress shirt placket
finish, fused collars and cuffs with two piece yokes.
(d) Jackets
The Company also manufactures jackets which are
non-structured garments suitable for industrial or
domestic laundry. These are comprised of a zip front,
one left breast flap pocket and two side entry comfort
pockets. They are bomber style and non lined. All
jackets are washable.
(e) Trousers
The Company manufactures two types of trousers suitable
for industrial laundering or domestic washing. They are
matching set with the jackets detailed above. They are
comprised of two side pockets, two pack pockets and metal
zip. Trousers and jacket sets are sold as protective
clothing to companies for the delivery men.
(f) Jacket liner
The Company also manufacture jacket liners. These are
best described as a vest or long sleeved garment designed
to zip into the jacket which is detailed above to provide
extra warmth. The jacket liner cannot be worn on its
own. It is made from a quilted nylon fabric. Like the
other garments it is also washable.
(g) Body warmer
The body warmer is similar to the jacket liner but is
designed to be worn as a separate garment but with no
sleeves. Its main function is to provide warmth and it
is used mainly by storemen in unheated warehouses. It is
also made from quilted nylon fabric and is washable.
(h) The Trade Boards (Shirtmaking) Order, 1920 also provides
that the above definitions include certain ancillary
operations (mentioned above) which, with the exception of
"laundering", are all carried out by the Company. In
this respect the Company strongly contends that the
entire product range and work content thereof falls
within the definitions as set out in the Shirtmaking JLC.
(i) In 1977 when Riverside Manufacturing Co (Ireland) Ltd
commenced operations, a rate of #40 was paid by the
Company. At a later stage, post National Understandings,
when rates were being increased, it was agreed between
the Company and the Union that the timings and amounts of
the increases would be paid by reference to the Womens
Clothing and Millinery JLC, even though the Company was
not manufacturing garments and therefore did not come
within the definitions of any JLC.
In 1985, when the Company commenced manufacturing
operations, employees were brought in on a rate of #80
per week which was a rate decided upon by the Company at
the time. At a later stage, the Company, after
consultation with the Union, agreed once again to use the
Womens Clothing & Millinery JLC incentive rate as a term
of reference for increasing rates of pay. This had been
the case up until December, 1986 when the Company engaged
the services of a consultant to introduce an incentive
scheme and the question of the correct JLC classification
arose.
Union's argument:
4. (i) The Union is not convinced that the Shirtmaking JLC is
relevant. It accepts that an element of shirtmaking
exists but it doesn't amount to 50% of production. In
addition, most of the Company's products are synthetic.
The Union would further contend that the Womens' Clothing
JLC is more applicable in this case.
Decision:
5. Having regard to the type of garments produced, 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
8th May, 1987 John O'Connell
DH/PG ----------------
Deputy Chairman