DOCK WORKERS (REGULATION OF EMPLOYMENT) ORDER, 1947, Dated JUNE 16, 1947, Made by the minister of Labour and National Service UNDER SECTION 2 OF THE DOCK WORKERS (REGULATION OF EMPLOYMENT) ACT, 1946 (9 & 10 GEO. 6. c. 22).
| Jurisdiction | UK Non-devolved |
1947 No. 1189
DOCK WORKERS (REGULATION OF EMPLOYMENT)
THE DOCK WORKERS (REGULATION OF EMPLOYMENT) ORDER, 1947, DATED JUNE 16, 1947, MADE BY THE MINISTER OF LABOUR AND NATIONAL SERVICE UNDER SECTION 2 OF THE DOCK WORKERS (REGULATION OF EMPLOYMENT) ACT, 1946 (9 & 10 GEO. 6. c. 22).Whereas at the date hereof no scheme made under the Dock Workers (Regulation of Employment) Act, 1946, is in force for any port or in relation to any class or description of dock workers:
And whereas it appeared to the Minister of Labour and Nationa Service (hereinafter referred to as "the Minister") unlikely that any such scheme would be prepared jointly by bodies of persons representative respectively of any classes or descriptions of dock workers at any port and of their employers within a reasonable time:
And whereas the Minister prepared a draft of an Order under the said Act embodying a scheme to which objections were made and all the provisions of the said Act have been duly complied with:
Now therefore the Minister by virtue of the powers conferred on him by subsection (6) of section 2 of the said Act and all other powers in that behalf hereby makes the following Order:—
Short title and commencement.
1.—(1) This Order may be cited as the Dock Workers (Regulation of Employment) Order, 1947, and shall come into force on the date hereof.
(2) The Interpretation Act, 1889, applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
Dock Workers (Regulation of Employment) Scheme.
2. The Dock Workers (Regulation of Employment) Scheme, 1947, hereby embodied and set out in the Schedule hereto, shall come into effect on the twenty-eighth day of June, 1947, in respect of all ports set out in Appendix I of the said Schedule other than the Port of Glasgow, the Port of Greenock and the Merseyside, Manchester and Preston areas and in respect of those ports and that area on the thirtieth day of June, 1947; provided that clauses 3, 4 and 5 of the Scheme (which deal with the establishment and constitution of a National Dock Labour Board and of local dock labour boards) shall come into effect on the date upon which this Order comes into force; and, accordingly, the National Board and a local board may as from that date make such arrangements, give such notices and do such things as may be necessary for the purpose of bringing the Scheme into operation on the said dates.
G. A. Isaacs, Minister of Labour and National Service.
Dated this 16th day of June, 1947.
SCHEDULE
DOCK WORKERS (REGULATION OF EMPLOYMENT) SCHEME, 1947
ARRANGEMENT OF CLAUSES
Clause
1. Name, objects and application of Scheme
2. Interpretation and exclusions
3. Establishment of National Dock Labour Board and functions thereof
4. Constitution of the National Board
5. Local Dock Labour Boards
6. Functions of local boards as to registers and other matters
7. Register of dock workers and dock employers under former schemes
8. Obligations of registered dock workers
9. Obligations of registered employers
10. Restriction on employment
11. Circumstances in which Scheme ceases to apply
12. Wages and conditions
13. Holidays
14. Pay in respect of unemployment or under-employment
15. Disentitlement to payment
16. Disciplinary procedure
17. Termination of employment
18. Appeals
19. Suspension of notice in case of certain appeals
20. Saving for Reinstatement in Civil Employment
21. Cost of operating the Scheme
Appendix I. Ports to which Scheme relates
Appendix II. Exclusions
Name, objects and application of Scheme.
1.—(1) The Scheme shall be called the Dock Workers (Regulation of Employment) Scheme, 1947, and is hereinafter referred to as "the Scheme".
(2) The objects of the Scheme are to ensure greater regularity of employment for dock workers and to secure that an adequate number of dock workers is available for the efficient performance of dock work.
(3) The Scheme shall relate to the ports set out in the Appendix I hereto, and at each port to which the Scheme relates it shall apply to the same classes or descriptions of dock work and dock workers as, immediately before the coming into operation of the Scheme, were included but subject to any exclusions or exceptions whether general or particular provided in dock labour schemes and the port registration scheme as follows:—
(a) at the Port of Glasgow, the Port of Greenock and the Merseyside, Manchester and Preston Areas, the Ministry of Transport Schemes for Dock Labour at those Ports;
(b) at other ports, the approved dock labour schemes for those ports under the Essential Work (Dock Labour) Orders, 1943 to 1945(a);
(a) S.R. & O. 1943 (No. 1114) II, p. 584; 1944 (No. 1205) II, p. 470; and 1945 (Nos. 29 and 1260) II, pp. 423, 425. (These Orders were revoked by S.R. & O. 1947 No. 1503, II, p. 361.
(c) at the Port of Weymouth, the port registration scheme approved under the Dock Labour (Compulsory Registration) Order, 1940(a).
Provided always that the Scheme shall not apply to any dock worker unless he is employed or registered for employment in or in the vicinity of any port on work in connection with the loading, unloading, movement or storage of cargoes, or work in connection with the preparation of ships or other vessels for the receipt or discharge of cargoes or for leaving port.
(4) At each port to which the Scheme relates, it shall apply to registered dock workers and registered employers.
Interpretation and exclusions.
2.—(1) The following expressions having the meanings hereby respectively assigned to them unless the context otherwise requires —
"the Act" means the Dock Workers (Regulation of Employment) Act, 1946;
"cargo" and "dock worker" have the meanings respectively assigned to them in the Act;
"daily worker" means a registered dock worker who is not a weekly worker;
"dock employer" means the person by whom a dock worker is employed or to be employed;
"dock work" means operations at places or premises to which the Scheme relates, ordinarily performed by dock workers of the classes or descriptions to which the Scheme applies;
"employers' register" means the register in the port kept under the Scheme of dock employers;
"Minister" means the Minister of Labour and National Service;
"the National Joint Council" means the National Joint Council for the Port Transport Industry, or such other joint industrial body as is in the opinion of the Minister appropriate in any particular case;
"port" means each port that is not in a group or each group of ports either as set out in Appendix I or in accordance with any grouping subsequently determined by the National Dock Labour Board established under the next two following clauses;
"register or record" means the register or record in the port kept under the Scheme of dock workers;
"registered dock worker" means a dock worker whose name is for the time being entered in the register or record;
"registered employer" means a dock employer whose name is for the time being entered in the employers' register;
"reserve pool" means those registered dock workers who are available for work who at any time are not in the employment of a registered employer;
"weekly worker" means a registered dock worker who is engaged by a registered employer under a contract which requires at least one week's notice for its termination.
(2) Nothing in this Scheme shall apply to the operations or to the persons and their employers in the circumstances set out in Appendix II.
Establishment of National Dock Labour Board and functions thereof.
3.—(1) There shall be a National Dock Labour Board (hereinafter referred to as "the National Board") which shall be responsible for the administration of the Scheme. The functions of the National Board shall
(a) S.R. & O. 1940 (No. 1013) II, p. 359.
include all such activities and operations as further the objects of the Scheme as set out in clause 1 hereof, and in particular, but without prejudice to the generality of this clause —
(a) ensuring the full and proper utilisation of dock labour for the purpose of facilitating the rapid and economic turnround of vessels and the speedy transit of goods through the port;
(b) regulating the recruitment and entry into and the discharge from the Scheme of dock workers, and the allocation of registered dock workers to registered employers;
(c) determining and keeping under review in consultation with the local dock labour board the size from time to time of the registers or records and the increases or reductions to be made in the numbers in any such registers;
(d) keeping, adjusting and maintaining the employers' registers, entering or re-entering therein the name of any person by whom dock workers are or are to be employed and where occasion requires it, removing from the register the name of any employer either at his own request or in accordance with the provisions of the Scheme;
(e) keeping, adjusting and maintaining the registers or records of dock workers including any registers or records of dock workers who are temporarily not available for dock work and whose absence has been approved by the local board that may from time to time be found necessary and where occasion requires it removing from any register or record the name of any dock worker either at his own request or in accordance with the provisions of the Scheme;
(f) the grouping or regrouping of all registered dock workers into such groups as may be determined by the National Board after consultation with the National Joint Council for the Port Transport Industry, and thereafter reviewing the grouping of any registered dock worker on the application of the local board or of the dock worker or any of the bodies of persons referred to in clause 5 (3) hereof;
(g) making satisfactory provision for the training and welfare of dock workers, including port medical services, in so far as such provision does not exist apart from the Scheme;
(h) levying and recovering from registered employers contributions in respect...
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