Labour Court Database __________________________________________________________________________________ File Number: CD91528 Case Number: LCR13676 Section / Act: S26(1) Parties: RADIO TELEFIS EIREANN - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
A dispute concerning a pay claim for orchestra members.
Recommendation:
5. Having considered the submissions made by the parties the
Court is satisfied that there is no proper basis for the Union's
claim. The Court, therefore, does not recommend concession of the
claim.
Division: Mr O'Connell Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD91528 RECOMMENDATION NO. LCR13676
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: RADIO TELEFIS EIREANN
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. A dispute concerning a pay claim for orchestra members.
BACKGROUND:
2. On 21st January, 1991 the Union served a claim on the
Authority for pay parity with music teachers in the College of
Music and the Royal Irish Academy of Music. The Union claims that
its members are grossly underpaid. The rates paid to the
musicians do not fairly reflect the level of training and skill
pertaining to their work. The Union claims that the training and
skill requirements of an orchestral musician are similar and often
identical to those of a professional music teacher. It is on this
basis that the Union is seeking pay parity with such teachers.
Members of the Authority's orchestras are currently paid rates as
follows:-
Rank and File £11,419 to £15,784 (11 point scale).
Sub Principal: £13,978 to £17,310 (8 point scale).
Principal: £15,231 to £19,146 (10 point scale).
Pay parity with the music teachers would mean the introduction of
the following pay rates:-
Rank and File: £12,616 to £21,280 (16 point scale)
Sub Principal: £16,305 to £23,910 (11 point scale)
Principal: £18,222 to £26,740 (11 point scale).
The Authority rejects the Unions claim and contends that there is
no justification for the claim.
The dispute was referred to the conciliation service of the Labour
Relations Commission on 10th June, 1991. A conciliation
conference was held on 6th September, 1991 at which agreement was
not reached. The issue was referred to the Labour Court on 24th
September, 1991 under Section 26(1) of the Industrial Relations
Act, 1990. The Court investigated the dispute on 29th April,
1992. (The delay in hearing the case was on the agreement of both
parties).
UNION'S ARGUMENTS:
3. 1. Over the years investigations into pay claims by musicians
have been limited to comparisons with internal but unrelated
categories of workers. The Union is satisfied that a fairer
and more realistic comparison can be drawn between the
orchestras' musicians and music teachers in the College of
Music and the Royal Irish Academy of Music. Both categories
have received similar training, are full-time professional
musicians and receive salaries funded by the State orchestra
musician with the Authority. It is suggested by the Union
that an independent assessment of both jobs be carried out by
the Irish Productivity Centre.
2. The musicians in the orchestra are currently grossly
underpaid. It is over seven years since their last special
pay award but by granting the instrumentalists pay parity with
the music teachers, the rates will be raised to a more
realistic level. The average cost of implementing the claim
would be 31% but the Union is willing to accept a phasing in
of the appropriate teacher rates.
3. Despite their low pay, the musicians have continuously
co-operated with the Authority. They have participated in
commercial recordings without remuneration and have
participated in foreign tours with little financial reward.
Moreover unlike other trades, the musicians bear the cost of
the provision and maintenance of their own instruments. This
is a cost which has dramatically increased over the years.
AUTHORITY'S ARGUMENTS:
4. 1. The Authority cannot accept that there is any
justification in the Union's claim - a claim which would
amount to a 35%-40% increase on existing rates. It would be
out of line not only with norms within the Authority but also
with the terms of the P.E.S.P. and the P.N.R.
2. A direct relationship never has nor can it exist between
music teachers and orchestra musicians. They are entirely
different streams with the playing of an instrument the only
common field between them. The salary scales applicable to
each are based on totally different criteria
3. Over the past twelve years the question of rates of pay
for musicians has been dealt with on two occasions by the
Labour Court and on a third by an independent assessor. As a
result of these investigations the orchestra members received
a substantial increase in wages. The members have also
benefitted from the National Agreement Pay Round.
RECOMMENDATION:
5. Having considered the submissions made by the parties the
Court is satisfied that there is no proper basis for the Union's
claim. The Court, therefore, does not recommend concession of the
claim.
~
Signed on behalf of the Labour Court
John O'Connell
____________________
4th June, 1992. Deputy Chairman
A.NiS/J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Ms. Aoibheann Ni Shuilleabhain, Court Secretary.