No. 240/1942:

CONDITIONS OF EMPLOYMENT (BOILERMEN AND ENGINEMEN) (EXCLUSION AND PERIOD OF REST) REGULATIONS, 1942.

CONDITIONS OF EMPLOYMENT (BOILERMEN AND ENGINEMEN) (EXCLUSION AND PERIOD OF REST) REGULATIONS, 1942.

WHEREAS it is enacted by sub-section (1) of section 29 of the Conditions of Employment Act, 1936 (No. 2 of 1936), that the Minister for Industry and Commerce may by order make regulations declaring any specified form of industrial work to be excluded industrial work for the purpose of all or any of the sections of Part III of the said Act :

AND WHEREAS it is enacted by sub-section (1) of section 52 of the said Act that whenever the said Minister makes regulations declaring any form of industrial work to be excluded industrial work for the purpose of any section of Part III of the said Act which relates to the hours during which an employer may permit any worker to do for him any form of industrial work, the said Minister may by order make regulations fixing in such manner as he may think fit the hours of work in respect of such form of industrial work for all or any classes of workers engaged in such form of industrial work :

AND WHEREAS it is enacted by sub-section (3) of section 49 of the said Act that if an employer employs any worker to do on the Sunday in any week any industrial work to which the prohibition effected by sub-section (1) of the said section does not apply, such employer, if such worker remains in his employment for such week, shall allow to him twenty four consecutive hours of rest before the next following Sunday :

AND WHEREAS it is enacted by sub-section (4) of the said section 49 that the Minister for Industry and Commerce may, if he so thinks proper, by order make regulations permitting, in respect of any particular form of industrial work, the period of twenty-four consecutive hours' rest mentioned in sub-section (3) of the said section 49 to be given to any worker within seven days after the Sunday on which such worker was so employed as to be entitled under the said sub-section (3) to such period of rest :

AND WHEREAS by virtue of the Conditions of Employment (Boilermen and Enginemen) (Exclusion) Order, 1936 ( S. R. & O. No. 164 of 1936 ), the prohibition effected by sub-section (1) of section 49 of the said Act does not apply to the forms of industrial work to which these Regulations apply :

AND WHEREAS by section 57 of the said Act certain powers are conferred on the said Minister in relation to the specification in regulations under the said Act of forms of industrial work :

NOW, the Minister for Industry and Commerce, in exercise of the powers conferred on him by sections 29, 52, 49 and 57, of the Conditions of Employment Act, 1936 (No. 2 of 1936), and of every and any other power him in this behalf enabling, and having first consulted with representatives of employers and representatives of workers pursuant to the said sections 29 and 52, hereby makes the following regulations, that is to say :—

1. These Regulations may be cited as the Conditions of Employment (Boilermen and Enginemen) (Exclusion and Period of Rest) Regulations, 1942.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. The form of industrial work specified in the First Schedule to these Regulations is hereby declared to be excluded industrial work for the purpose of section 48 of the Conditions of Employment Act, 1936 .

4. The employer employing a worker to do the form of industrial work specified in the First Schedule to these Regulations shall not permit such worker to do for such employer such industrial work for any period exceeding five hours in any day unless such worker ceases work after a period not exceeding five hours from the time at which he commenced work and does not again commence work until after the expiration of a period of at least half an hour.

5. The period of twenty-four consecutive hours of rest mentioned in sub-section (3) of section 49 of the Conditions of Employment Act, 1936 , may, in the case of the forms of industrial work specified in the First and Second Schedules to these Regulations, be given to every worker within seven days after the Sunday on which such worker was so employed as to be entitled under the said sub-section to such period of rest.

FIRST SCHEDULE.

The industrial work done by adult male boilermen and enginemen engaged on the production and generation of steam at the Central Heating Station. Office of Public Works, Kildare Street, in the city of Dublin.

SECOND SCHEDULE.

The industrial work done by adult male boilermen and enginemen engaged on the production and generation of steam at any of the following places in the city of Dublin, that is to say, Central Heating Station, Kildare Street, Office of Public Works, 51 St. Stephen's Green, the National Gallery, Merrion Square, 88 and 89 Merrion Square, 93 Merrion Square, the west block of Government Buildings, Upper Merrion Street, 23, 24, and 25 Upper Merrion Street, 51 Dawson Street, and 34 Molesworth Street.

Given under the Official Seal of the Minister for Industry and Commerce, this 23rd day of April, 1942.

R. C. FERGUSON, Secretary,

Department of Industry and Commerce.