Labour Court Database __________________________________________________________________________________ File Number: CD9213 Case Number: LCR13560 Section / Act: S26(1) Parties: ROYAL IRISH ACADEMY OF MUSIC - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for pay parity and for arrears of pay in line with Labour Court Recommendation No. LCR6544 for part-time teachers in the Royal Irish Academy of Music.
Recommendation:
The Court is satisfied that Labour Court Recommendation No. 6544
established parity of pay as between the claimants and teachers
in the V.E.C., College of Music.
The Court recommends that "parity" be maintained and accordingly
recommends concession of the Union's claims.
Division: Ms Owens Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD9213 RECOMMENDATION NO. LCR13560
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT 1991
PARTIES: ROYAL IRISH ACADEMY OF MUSIC
(Represented by the Federation of Irish Employers
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for pay parity and for arrears of pay in
line with Labour Court Recommendation No. LCR6544 for part-time
teachers in the Royal Irish Academy of Music.
BACKGROUND:
2. The Labour Court in LCR6544 dated August, 1981 (concerning
a claim for an improved salary scale for music teachers)
recommended parity of pay between the claimants and their
counterparts in the V.E.C. College of Music. The Recommendation
was implemented and for the past 10 years the teachers have
enjoyed a rate of pay and all increases similar to those of the
teachers in the College of Music. In 1991 the staff of the
College of Music received a special pay award, one which was not
awarded to the staff of the Academy. The Union claims that in
accordance with LCR6544 its members should have received this
special pay increase and should continue to enjoy parity of pay.
As a result of an arrangement being introduced in the College of
Music whereby part-time teachers received pay parity on a
pro-rata basis with full time teachers the Union made a similar
claim on behalf of its members in the Academy. The claim was
conceded and pro-rata pay has been in operation in the Academy
since 20th September, 1990. The Union is seeking arrears of
payment back to September 1987 - the time the pro-rata pay scale
was initially introduced in the College of Music.
The Academy accepted the Union's claims and when submitting its
estimates to the Department of Education it included a claim for
funds to cover special pay awards and pro-rata arrears. The
Department refused to provide the necessary funds on the basis
that in LCR6544 the Court recommended parity of pay in 1981 but
did not make any reference to parity being maintained on an
on-going basis.
The issue was referred to the conciliation service of the Labour
Relations Commission on 30th September, 1991. A conciliation
conference was held on 12th December, 1991 at which agreement
was not reached. The issue was referred to the Labour Court on
6th January, 1992 under Section 26(1) of the Industrial
Relations Act, 1990. The Court investigated the dispute on 3rd
February, 1992.
UNION'S ARGUMENTS:
3. 1. Since the issuing of LCR6544 the teachers in the
Academy have enjoyed an identical rate of pay as their
counterparts in the College of Music. Parity clearly
exists and as such all pay increases and any arrears
arising must be paid to the teachers.
ACADEMY'S ARGUMENTS:
4. 1. The Academy recognises the Unions claims for parity of
pay and arrears for part-time teachers. Without the
financial co-operation of the Department of Education, the
Academy cannot afford to meet the claims.
2. The Academy asks the Court to clarify LCR6544 in order
to clearly establish the status of its teachers.
RECOMMENDATION:
The Court is satisfied that Labour Court Recommendation No. 6544
established parity of pay as between the claimants and teachers
in the V.E.C., College of Music.
The Court recommends that "parity" be maintained and accordingly
recommends concession of the Union's claims.
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Signed on behalf of the Labour Court
Evelyn Owens
13th February, 1992 ___________________
A.Ni.S./N.Ni.M. Deputy Chairman