Labour Court Database __________________________________________________________________________________ File Number: CD88930 Case Number: LCR12277 Section / Act: S67 Parties: ROYAL IRISH ACADEMY OF MUSIC - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Implementation of pay increase to be paid retrospectively to one worker.
Recommendation:
9. The evidence presented by the parties is to some degree
contradictory and because of the passage of time, not verifiable
from the records. In view of the fact that all part-time teachers
benefited from the Academy's interpretation and implementation of
Labour Court Recommendation No. 6544 and indeed benefited to a
greater degree than had the payment arrangements of the College of
Music been applied, the Court concludes that some form of
agreement, tacit or otherwise, was reached with the T.S.A. This
belief is strengthened by the time lapse between the introduction
of the pay arrangements and the present submission of the case to
the Court and takes into account the non-pursuance by either party
of the Union's suggestion at an early stage to re-submit
Recommendation No. 6544 to the Court for clarification. In the
circumstances, the Court does not find grounds to uphold the
Union's claim.
Division: Mr Fitzgerald Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD88930 RECOMMENDATION NO. LCR12277
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ROYAL IRISH ACADEMY OF MUSIC
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Implementation of pay increase to be paid retrospectively to
one worker.
BACKGROUND:
2. The worker commenced employment with the Royal Irish Academy
of Music in 1937 on a part-time basis. She was a full-time
employee from 1969 until 1978 when she was retired. An offer of
part-time work in the Academy of 15 hours per week was accepted by
the worker and this arrangement finally ended in June, 1988. She
was one of five senior staff who were employed as category 111
teachers.
3. In 1981 the Union served a claim for the a revision of the
rates of pay for part-time teachers to bring them into line with
the rates applicable in the College of Music, Dublin. There were
three categories of part-time teachers employed in the Academy and
the claim was to increase their hourly rates as follows:
Academy Rate Claim
# #
Category I 4.50 per hour 5.65 per hour
Category II 5.85 " " 7.35 " "
Category III 7.25 " " 9.00 " "
The Court in L.C.R. No. 6544 recommended concession of the claim
with effect from 1st April, 1981.
4. The Academy claims that it was very difficult for it to apply
the system of payment that applied in the College of Music
(details supplied to the Court). Therefore, it was decided that
the simplest way to resolve this would be to apply the category II
rate of the College of Music to all teachers. This rate of #7.35
was above the maximum rate which applied in the Academy. It also
claims that this method was accepted by the Teaching Staff
Association (T.S.A.). The Union denies that this method was
accepted and claims that the hourly rate should have been
increased from #7.25 to #9.
5. The Academy objected to the claim being referred to a Rights
Commissioner and the matter was referred to the conciliation
service of the Labour Court. A conciliation conference held on
29th November, 1988, but no agreement was reached and the matter
was referred to the Labour Court for investigation and
recommendation. The Court heard the dispute on 26th January,
1989.
UNION'S ARGUMENTS:
6. 1. L.C.R. 6544 is very clear. The Union claimed increased
rates of pay for the three categories of part-time teachers.
The Court recommended concession of this claim. There was no
recommendation or agreement that the teachers should be
regraded or re-categorised. It is clear from the
recommendation that a category III teacher in the Academy
should have her pay increased from #7.25 to #9 per hour with
effect from 1st April, 1981. The T.S.A. never agreed, as was
claimed by the Academy that category 111 teachers could be
re-classified. The letter dated 30th June, 1987 shows that
the issue was never settled. (Copy supplied to the Court).
2. The Academy claims that they did not have to apply the
category 111 rate because at the time of the L.C.R., there was
no category 111 teachers in the College of Music. They did
not make this case at the Labour Court hearing. They did,
however, make a similar case regarding full-time teachers who
were claiming the V.E.C. Lecturer I scale (i.e. that the
College of Music did not have a Lecturer I, etc.) but the
Labour court nevertheless recommended the Lecturer I scale.
3. At the time of L.C.R. 6544 the Academy claimed that the
categorisation of part-time teachers in the Academy was
different to that in the College of Music as follows:
Academy College of Music
Category I New Staff Teach up to Grade 6
Category II Promotional category Teach Grades 7 & 8
Category III Senior Staff Teach Diploma and
Experienced, Long- Post-Graduate
established teachers students.
They are now claiming that they decided to pay all part-time
teachers at category 11 for ease of administration. This was
never agreed. The L.C.R. did not require the Academy to do
this but did recommend an increae in the hourly rate for the
existing categories without imposing any conditions in the way
teachers were to be categorised.
4. It is most inappropriate for the Academy to be making such
fine distinctions in the case of the worker. She was a senior
member of the Academy's staff, had been teaching there for
half a century, and a member of the Board of Studies. She was
the head of a department in an educational establishment of
3,000 pupils and students. It was wrong of the Academy to
down-grade her in order to avoid paying her the full
entitlement under L.C.R. 6544. The worker was a part-time
teacher because the Academy had forced her to retire her
permanent post in 1978, after only four years employment in a
permanent capacity.
5. The worker has now retired from teaching in the Academy.
After her 51 years teaching she has a reduced pension from the
Academy because the Academy did not introduce its pension
scheme until 1969 and the worker was forced to retire in 1978.
Had she been allowed to continue in full-time employment, she
would have reached point 13 of the Lecturer I scale and would
have received a pension commensurate with this. Also, she is
at a loss of the category III rate which should have applied
since 1980. The Union is asking the Court to recommend that
the worker be paid the amount of #9,839.45 which the Union
estimates she is owed (details provided to the Court).
EMPLOYER'S ARGUMENTS:
7. 1. Since April, 1981 all part-time teachers have been paid
the College of Music category II rate. On average this has
meant that they have been #1 better off than their
counterparts in the College of Music. This method of
application has been accepted by all part-time teachers since
that date with the exception of the worker who raised her
claim in April, 1987.
2. Given that only 7% of pupils are above grade VIII it would
be impossible for any teacher to achieve an average hourly
rate above the category II rate. This means that all
teachers, including the worker concerned have gained by the
decision to apply category 11.
3. As a senior teacher in 1981, the worker was paid at the
old category rate. There is not now and never was any
justification for placing her on category III of the College
of Music scale as they were two entirely different systems.
4. While in the view of the Academy this claim is frivolous
it must at the same time be taken seriously. If the claim was
to be conceded it would have serious consequences for all
senior teachers as they could claim the application of the
category III rate for all teaching regardless of the grade of
the pupil. This would increase the cost of these teachers by
over 20% and put the rates way out of line with that
applicable elsewhere.
5. The Union's claim at the time was that the pay of a
part-time teacher in the Royal Irish Academy of Music should
be equalised with the pay for a part-time teacher in the
College of Music. This has been achieved. If the College of
Music system were to be applied and backdated to April, 1981,
then all part-time teachers including the worker concerned,
would owe the Academy a substantial amount of money.
6. This claim is without foundation or justification and
we would therefore ask the Court to reject it.
RECOMMENDATION:
9. The evidence presented by the parties is to some degree
contradictory and because of the passage of time, not verifiable
from the records. In view of the fact that all part-time teachers
benefited from the Academy's interpretation and implementation of
Labour Court Recommendation No. 6544 and indeed benefited to a
greater degree than had the payment arrangements of the College of
Music been applied, the Court concludes that some form of
agreement, tacit or otherwise, was reached with the T.S.A. This
belief is strengthened by the time lapse between the introduction
of the pay arrangements and the present submission of the case to
the Court and takes into account the non-pursuance by either party
of the Union's suggestion at an early stage to re-submit
Recommendation No. 6544 to the Court for clarification. In the
circumstances, the Court does not find grounds to uphold the
Union's claim.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
_______________________
21s February, 1989. Deputy Chairman
T.McC/J.C.