Labour Court Database __________________________________________________________________________________ File Number: CD86996 Case Number: LCR11108 Section / Act: S67 Parties: RTE - and - ITGWU |
Christmas and New Year leave arrangements for musicians in the RTE Symphony and Concert Orchestras.
Recommendation:
5. The Court does not accept the union's argument that by custom
and practice the members of the Orchestras have no liability for
work during the normal Christmas break.
Having considered all aspects of the case and having regard to the
terms of the agreement "Broadcasting Services in the 1980's", the
Court considers that the Authority's offer, outlined in the letter
of 1st December, 1986, is reasonable and recommends that it be
accepted.
Division: CHAIRMAN Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD86996 THE LABOUR COURT LCR11108
CC861645 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 11108
Parties: RADIO TELEFIS EIREANN (RTE)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Christmas and New Year leave arrangements for musicians in the
RTE Symphony and Concert Orchestras.
Background:
2. Up until approximately 1982 musicians in the RTE Symphony and
Concert Orchestras were not normally required to work over the
Christmas and New Year period. However, since then there has been
increasing Christmas and New Year work. In 1985 the musicians
protested at the fact that the Company now assumed that it could
schedule them for work over this period. It was agreed that
discussions would take place in early 1986 on future scheduling.
Because of other industrial relations matters in hand, discussions
did not take place until summer 1986. No agreement was reached in
the course of local level discussions and the matter was referred,
on 7th October, 1986, to the conciliation service of the Labour
Court. Conciliation conferences took place on 15th and 27th
November, 1986. Proposals were made by both sides. The Union
proposed as follows:
(a) That the Musicians would not be required to work on the
Public Holidays, i.e. Christmas Day, St. Stephen's Day, and
New Year's Day (except as a continuation of a New Year's Eve
event).
(b) In the event of either Orchestra being scheduled, in the
period 27th December (when this is not a Public Holiday) to
31st December inclusive (or to 1st January where this is a
continuation of a New Year's Eve commitment) an extra day off
will be given for each such day, but if any of the days
worked fall on a Saturday or Sunday, then an additional day
off will be given.
(c) These days off may be taken en-bloc, at a time to be mutually
agreed between the Music Department and the Orchestras.
In a letter dated 1st December, 1986 RTE wrote to the Union
setting out its position and confirming its final proposal (see
Appendix 1). In a letter dated 12th December, 1986, the Union
indicated that there would be no disruption of the 1986 Christmas/
New Year schedule and agreed to a referral of the matter to the
Labour Court. A Court hearing took place on 5th March, 1987.
Union's arguments:
3. (i) The Company contends that it must have the right to
schedule any of its employees as the requirements of the
service determine. This, however, fails to recognise
essential differences in the working year, and the
conditions of service between the musicians and other
RTE staffs. Although the conditions of service for most
RTE staff states that there is a 7-day work liability,
in effect there is an 8-day liability for musicians as
they can be required to work continually from Sunday to
the following Monday week. On occasions this liability
can be extended. Furthermore, there is a considerable
unsocial element to the working life of musicians.
Musicians work a greater number of days in the year than
other staff.
(ii) Since the Orchestras each work as a unit there is much
less flexibility with regard to leave arrangements than
exists for other staff.
(iii) Other staff who work prolonged periods, unsocial hours
or are liable to be rostered at any time have an agreed
scheme of "Roster Duty Allowances" (details supplied).
Such allowances do not apply to musicians.
(iv) By custom and practice musicians did not work over the
Christmas/New Year period for as long as the present
members of the Orchestras can recall. This can only be
changed by agreement.
(v) The Union's proposals have sought:
(a) to balance the fact that this is traditionally a
period of leave with RTE's desire to have the
Orchestras included in its Christmas and New Year
programmes,
(b) to compensate the musicians on a reasonable basis
for the time off which they will lose, and
(c) to take account of the fact that time off at
Christmas is of very high value, especially for
staff whose annual leave is fixed, and who are
frequently away from home at night, week-ends, and
over long periods, and that any compensatory
arrangement must take account not only of the days
lost but of the quality of the leave.
RTE's Arguments:
4. (a) RTE has an absolute right to schedule musicians on any
of the 365 days of the year. When a musician works on a
public holiday he/she is given time off in lieu in
accordance with the Holiday Employees Act. The
musicians are no different from any staff member in RTE
in having a 7 day liability. The fact that an Orchestra
may not have been scheduled for Christmas/New Year work
in the past does not in any way dilute RTE's right to so
schedule musicians.
(b) Labour Court Recommendation 9389 which provided for a
21% cumulative increase to musicians in the context of
the agreement "The Development of the Broadcasting
Services in the 1980's" has now been implemented in
full. This agreement in paragraph 1 "recognises the
need to accept change where it arises in order to
facilitate the more efficient use of all resources
available to the organisation". It also provides for a
commitment to the broadcasting service and recognises
the "increase in public performances by both Orchestras
and confirms the significance of this development as a
means of ensuring the status and viability of staff
music groups". The position being taken up by the union
is far too rigid in this instance and ignores these
concepts in addition to being contrary to the conditions
of service.
(c) RTE made every effort, having due regard to its rights
regarding scheduling, to draw up a formula which would
provide the Orchestras with some extra concessionary
days off during the Christmas/New Year period (defined
as 15th December to 6th January). The proposal more
than adequately met the issues raised by the union. The
period set out in the formula (15th December to 6th
January) must be adhered to in order to facilitate the
scheduling of the extra concessionary days thus
providing the musicians with a reasonable break during
part of the Christmas/New Year period. The union has
chosen to ignore the period before Christmas even when
RTE in the recent Christmas/New Year schedule provided
for extra days off in that period.
(d) The amount of concessionary leave built into the RTE
formula is generous especially when taken in comparison
with other members of staff who, if they wish to avail
of extra leave during the period, must take it out of
their annual leave entitlement. This is not the case
with the musicians who avail of their annual leave en
bloc in either July or August.
(e) The union's proposal to introduce 2 days off for a
Saturday or Sunday worked between 27th December to 1st
January is totally unacceptable and had to be rejected
in that it attempted to dilute RTE's right to schedule
musicians on Saturday or Sunday without extra payment.
Its concession would have serious repercussive effects.
(f) The union in its claim seeks a situation where the extra
leave must be given en bloc, cannot be scheduled before
25th December and must be agreed between the musicians
and the music department. This latter point is totally
unacceptable as it again questions RTE's right in the
final analysis to schedule leave having due regard to
"the exigencies of the service". It also totally
ignores the musical programme commitments of both
Orchestras.
Recommendation:
5. The Court does not accept the union's argument that by custom
and practice the members of the Orchestras have no liability for
work during the normal Christmas break.
Having considered all aspects of the case and having regard to the
terms of the agreement "Broadcasting Services in the 1980's", the
Court considers that the Authority's offer, outlined in the letter
of 1st December, 1986, is reasonable and recommends that it be
accepted.
~
Signed on behalf of the Labour Court
16th April, 1987 John M Horgan
AK/PG ---------------
Chairman