Symphonic Band Utility Workers Win Salary Dispute Against Montevideo Municipality, Awarded Over $2 Million

Five municipal workers from the Symphonic Band of Montevideo have won a significant legal victory, successfully appealing a lower court's decision against their salary claim. The employees argued they performed utility tasks comparable to those of their colleagues in the Philharmonic Orchestra, yet were compensated at a lower rate.

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The workers asked to collect salary differences because, according to them, they performed utility tasks similar to those of their colleagues in the Philharmonic Orchestra, although with lower remuneration.

The Tribunal of Appeals in Civil Matters ruled in favor of the workers, partially upholding their claim. The court condemned the municipality to pay the salary differences accrued during the period in question. This decision was made by a majority vote, with two ministers dissenting.

The workers, who joined the Symphonic Band in 2009, stated they handled tasks such as setting up the stage, transporting and checking instruments, moving equipment, and maintaining spaces. They estimated the salary differences to be at least $352,000 each, totaling approximately $1.76 million for the five, before accounting for subsequent differences, adjustments, and interest. The final amount could surpass $2 million if the ruling is upheld.

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The Tribunal of Appeals in Civil Matters partially upheld their claim and condemned the commune to pay the differences generated in the claimed period.

The Montevideo Intendancy had initially rejected the claim, arguing that the workers belonged to a different maintenance category with lower educational requirements than the specialist professional category required for orchestra utility staff. They also contended that the utility role was specific to the Philharmonic Orchestra.

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The employees estimated at the beginning of the claim that the differences generated until the filing of the lawsuit were at least $352,000 for each of them. That is, about $1.76 million among the five, not counting subsequent differences, updates, or interest.

However, the appellate tribunal viewed the case differently, focusing on whether the two groups of employees performed comparable tasks and received unequal pay, rather than strictly on job titles and formal requirements. The ruling was not unanimous, with ministers Fernando Tovagliare and María Cecilia expressing dissenting opinions.

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The Intendancy of Montevideo rejected the claim. It argued that the workers belonged to the maintenance practical career, within the labor scale, while the orchestra utility position corresponded to the professional specialist scale and required higher educational requirements.