COLLECTIVE AGREEMENT BETWEEN: THE CORPORATION OF MASSEY HALL AND ROY THOMSON HALL (the Manager) -and-

Transcription

1 COLLECTIVE AGREEMENT Made in duplicate this 17th day of December, 2015 BETWEEN: THE CORPORATION OF MASSEY HALL AND ROY THOMSON HALL (the Manager) -and- THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES, ITS TERRITORIES AND CANADA Local #58, TORONTO (the Union) PAGE I OF 13

2 TABLE OF CONTENTS ARTICLE PAGE# 1. PURPOSE RECOGNITION UNION SECURITY ARBITRATION PERMANENT EMPLOYEES SUNDAY AND STATUTORY HOLIDAYS COMPUTATION OF TIME BREAKS RATES OF PAY SHEDULEOFRATES CANCELLATION OF A CALL WORKERS' COMPENSATION BENEFITS HOURS OF WORK AND MINIMUM CALLS TERMINATION OF EMPLOYMENT T.V. VIDEOTAPEANDMOTIONPICTUREMAKING MANAGEMENT RIGHTS GENERAL EFFECTIVE DATE AND DURATION ENTIRE AGREEMENT NOTICE OF RENEGOTIATION RENEGOTIATION PROCEDURE AUTOMATIC RENEWAL 13. PAGE 2 OF 13

3 ARTICLE 1 PURPOSE 1.1 It is the general purpose of this Agreement to set forth the conditi.ons of employment, the rates of pay and hours of work that both parties have agreed to, and to provide a procedure for prompt and fair settlement of grievances. ARTICLE 2 RECOGNITION 2.1 The Manager hereby recognizes the Union as the sole collective Bargaining Agent for all stage employees of the Union under the jurisdiction of the Union, in respect of wages, hours of work and all other working conditions at the concert hall situated in the City of Toronto and known as "Massey Hall" and at the concert ball situated in the City of Toronto, known as ''Roy Thomson Hall." ARTICLE 3 - UNION SECURITY 3.1 The Manager agrees to employ only stage employees supplied by the Union and who are members in good standing by the Union. 3.2 The Union agrees to supply the number of competent persons required by the Manager to perform work under the provisions in this Agreement. 3.3 The Employer may refuse to employ or may demand replacement for any stage employee in an intoxicated condition. ARTICLE 4 - ARBITRATION 4.1 All differences of opinion between the parties relating to the interpretations, application or administration of this Agreement which cannot be settled between the aggrieved employee and a representative of the Union and the Manager or his appointed representative, will be settled by arbitration in the manner prescribed by Section 44 of the Labour Relations Act, R.S.O Chapter 228 and amendments thereto. ARTICLE 5 PERMANENT EMPLOYEES 5.1 The Manger shall employ at Massey Hall on a permanent basis during the terms of the Agreement a Head Electrician, whose employment shall be guaranteed a minimum of forty ( 40) hours pay per week for a minimum of forty (40) weeks per year commencing September Notwithstanding the above, the Manager and the Union agree to meet during the first week of January of each year to review the non-service weeks in the balance of the season to lessen the forty (40) week guarantee by up to ten (10) weeks. 5.3 The Manager shall employ at Roy Thomson Hall on a permanent basis three Heads of Department, whose functions shall be those of Head Electrician, Assistant Electrician (Head Soundman) and Property Master and whose employment shall be guaranteed a minimum of forty ( 40) hours pay per week for forty-four ( 44) weeks in each calendar year. The Manager will designate the eight (8) weeks, which are not guaranteed herein, as non-service weeks to fall on the following dates: 1) The March Break week designated by the Toronto School Board as the school holiday break week, and 2) the remaining seven weeks to commence with the week beginning the Monday of the last full week of June through to, and including, the week beginning the Monday of the first full week of August. PAGE3 OF 13

4 5.4 The Manager shall employ at Roy Thomson Hall a fourth Head, whose function shall be that of Head Carpenter and whose employment shall be guaranteed a minimum of forty ( 40) hours pay per week for forty (40) weeks between September 5 and June 15. When the aforementioned Head Carpenter is employed in the position of Head Carpenter outside of the guaranteed period then the rates and conditions of this agreement shall apply. 5.5 The schedule of rates herein shall apply to a total of forty ( 40) hours pay in any week. Midnight and Sunday performances shall be paid at two (2) times the basic performance rate. Sunday shall not be considered as part of the forty ( 40) hour work week. 5.6 The duties of the aforementioned permanent employees shall be working of rehearsals and performances and the maintenance of all stage equipment, the setting of platforms, draperies, scenery and orchestra stands and chairs as required in the respective theatres. 5.7 Two short concerts, (such as childre.n's concerts, or free concerts), occurring within a five (5) hour call will be paid at the applicable prevailing hourly rate. 5.8 Lectures and audio-visual presentations in the concert hall auditorium, their take-in, set-up and take-out shall be paid on an actual hours worked basis at the prevailing hourly rate and performance rates shall not be applicable. 5.9 All non auditorium events, their take-in, set-up, operation and take-out, shall be paid on actual hours worked basis at the prevailing hourly rate and performances rates shall not be applicable Lobby, Patio and Rehearsal Hall set-ups, operations, and take-downs by permanent employees only, shall be paid as a straight time four (4) hour call commencing between 8:00 o'clock am. and midnight, Monday through Saturday All employees employed under this Article shall be members of the Union, selected and appointed by the Manager. S.12 Non-public meetings or presentations in either the Green Room or Pickering Room, using audio visual equipment not exceeding: 1 portable composite video projector, 1 slide projector, l overhead projector and screen (with or without video tablet), and related computer and control equipment, may be operated without the presence of stage employees; provided these items are operated by those participating in the meeting or presentation. It is understood that if a person is hired from outside specifically to operate such equipment, they shall be members of the Union Permanent employees shall have the right of first refusal to all calls at the location of their respective theatres, subject to management approval, which will not be unreasonably withheld. ARTICLE 6-SUNDAY AND STATUTORY HOLIDAYS 6.1 Sunday is deemed to commence at 12:00 midnight Saturday and to terminate at 8:00 a.m. of the following Monday morning. 6.2 The following nine (9) holidays shall be deemed to be Statutory Holidays for the puiposes of the Agreement: New Years Canada Day Thanksgiving Day Good Friday Civic Holiday Christmas Day Victoria Day Labour Day Boxing Day 6.3 And where a public holiday is declared and celebrated on a day other than the day on which the named holiday falls, as for example (but without limitation), where Christmas Day falls on a Sunday and public holiday is declared or celebrated on the following Monday, then such public holiday shall be deemed to be Statutory Holiday for the pwposes of the Agreement PAGB40F 13

5 6.4 The Statutory Holiday shall be deemed to commence at 12:00 midnight of the day preceding the Statutory Holiday and terminate at 8:00 a.m. of the day following the Statutory Holiday. ARTICLE 7 - COMPUTATION OF TIME 7.1 Time shall be computed to the next hour with a five minute grace period for pay purposes. ARTICLE 8 - BREAKS 8.1 Full payment of the applicable rate shall be made for meal periods of less than one hour in duration. 8.2 Any person who has worked prior to 12:00 noon and who will be required to work on the same day or a further period of not fewer than five (5) hours shall be given a meal break to commence no later than 1 :00 p.m. No person shall work more than one five (5) hour period without a meal break in any day. 8.3 Employees covered by this Agreement shall be supplied with food and beverage at the expense of the Manager when performances are played with less than one {l) hour between the end of one performance or work call, and the start of the next perfonnance; and the same type of food shall not be supplied at two consecutive meal breaks. 8.4 Except in the case of extreme emergency, a break of a minimum nine (9) hours shall be given after the conclusion of a day's work and before work is resumed the following day. Should an employee not receive the nine (9) hour minimum break, double time shall prevail for all time worked until a nine (9) hour minimum break period is given. 8.5 In the case where the work resumes on a Sunday or a Statutory Holiday, the prevailing rate shall be paid from the conclusion of the previous work call until a nine (9) hour break is given. A one ( l) hour break shall be given at the end of the previous work call. In any event, such payment shall not exceed four ( 4) hours at prevailing rates. ARTICLE 9 - RA TES OF PAY 9.1 Time worked between 8:00 a.m. and 5:00 p.m. Monday through Saturday, other than on performance or rehearsals, shall be paid for at the straight time rate applicable. 9.2 Subject to the provisions of Article 9.8, time worked between 5:00 p.m. and 12:00 midnight Monday through Saturday, other than on performances or rehearsals, shall be paid for at one and one-half times the straight time rate applicable. 9.3 Time worked between 12:01 a.m. and 8:00 a.m. Monday through Saturday, other than on performances and rehearsals, shall be paid for at twice the straight time rate applicable. 9.4 Time worked between the hours of 12:01 a.m. Sunday and 8:00 a.m. of the following Monday shall be paid for at twice the straight time rate applicable. 9.5 For calls beginning at 7:00AM, the first hour shall be paid at twice the straight time rate. For calls beginning prior to 7:00AM, the rate shall be paid at twice the straight time hourly rate until such time as the crew receives a minimum nine (9) hour break. This does not apply to statutory holidays. 9.6 Excluding touring orchestras, orchestra rehearsals involving house crew shall be paid at a rehearsal call rate, including their set-up and take-out. 9.7 Twice the basic performance rate shall be paid for performances and/or rehearsals worked between the hours at 12:01 a.m. Sunday and 8:00 a.m. of the following Monday, PAGES OF 13

6 9.8 Two and one-half (2 Yz) times the straight time rate' or two and on~half (2 Yz) times the basic performances rate, whichever is applicable, shall be paid for time worked during a Statutory Holiday as defined in this Agreement 9.9 Twice the performance rate then prevailing shall be paid for the same performances worked in excess of two (2) in any one day, provided that payment for work on any such additional performance shall not be in excess of three (3) times the basic performance rate Platform set-up and take-down at Massey Hall only shall be paid as a straight time four (4) hour call commencing between 8:00 a.m. and midnight, Monday through Saturday Notwithstanding anything herein contained, all work done on Christmas Day shall be paid for at three times the straight time rate Employees will be paid in the week following the week worked and will be paid by cheque on Thursday or cash on Friday. ARTICLE 10 - SCHEDULE OF RATES 10.l The parties hereto agree that the following employees shall be paid for services performed at rates not less than the amounts set out in the schedule following, and that such payment shall be made in accordance with the Manager's payroll system From the 15 1 day of June 2015 to the 31st day of May 2018: Old Rate New Rate New Rate New Rate JuneOl/14 June 01/15 June 01/16 June 01/17 HEADS Regular PERFORMANCE VIDEO VIDEO PREMIUM SPECIAL OPERATORS Regular PERFORMANCE VIDEO VIDEO PREMIUM ALL OTHERS Regular PERFORMANCE VIDEO VIDEO PREMIUM PAGE60F 13

7 ARTICLE 11 - CANCELLATION OF A CALL 11. l Should the Manager wish or find it necessary to cancel a scheduled performance or event, twelve (12) hours of notice of such cancellation shall be given to the Business Agent of the Union. Failing the giving of such notice in accordance herewith, stage employees called shall be paid for a five (5) hours call or for a performance call, whichever is applicable. ARTICLE 12 - WORKERS' COMPENSATION 12. l The Manager further agrees to place all persons supplied under the Union under the protection of the Workers' Compensation Act, or some similar insurance coverage with benefits at least equal to those provided by the said Act In the event that Massey Hall or Roy Thomson Hall is rented or leased to any third party by whom any member of the Union is employed in such premises, the Manager shall first, before any work by such person so employs is done, satisfy the Business Agent of the Union that every such person will have the protection of the Workplace Safety and Insurance Act, or some similar insurance coverage with benefits at least equal to those provided by the said Act, and no such person shall be obliged to work for any such tenant or lessee unless and until the Business Agent of the Union is so satisfied. ARTICLE 13 - BENEFITS 13.l In this Article 12, "deduct", "deduction" and "deductions" shall refer to an amount or amounts withheld by the Manager from stage employees, and "contribute", "contribution" and "contributions" shall refer to an amount or amounts paid by the Manager calculated by reference to the gross wages earned by each person supplied by the Union pursuant to this Agreement during the month immediately preceding the months in which the amount or amounts become payable The Manager shall deduct five percent (5%) for purposes of the Retirement Savings Plan of Local 58, l.a.t.s.e The Manager shall contribute the following amounts for the purposes hereinafter specified, namely: a) Ten percent (10%) for Vacation Pay Trust Fund, IATSE Local 58. b) Seven percent (7%) for purpose of the Retirement Savings Plan of Local 58, I.A.T.S.E. c) Seven percent (7%) for the purposes of Health and Welfare Benefit Trust, IATSE Local 58. d) One percent (1 %) for the purpose of a Dental Insurance Policy. e) One-half percent (0.05%) for the purposes of an Education Fund. f) Two percent (2%) for the purpose of Industry Promotion The Manager shall pay to the Unio~ not later than the 15th day of each month, the deductions and contributions referred to in this Article 12 and shall, concurrently with each such payment, deliver to the Union a statement, in duplicate, containing the names and Social Insurance Numbers of all of those persons in respect of whom deductions and contributions have been made and the respective amount thereof Notwithstanding the provisions of Article 13.4 thereof, the Union may from time to time direct the Manager, in writing, to pay some or all of the said deductions and contnbutions into a PAGE70F13

8 specified account or accounts or a chartered bank or trust company, or to a Trustee or Trustees or other named agent for the Union, and payment by the Manager in accordance with such written direction or directions shall constitute payment to the Union Notwithstanding the provisions of Article 13.2 and 13.3 b) hereof, the deduction and contribution therein respectively referred to need be made by the Manager only in respect of those persons who are identified by the Union as being members of the Retirement Savings Plan of Local 58, J.A.T.S.E The Manager acknowledges and agrees that the late payment of any of the foregoing amounts will result in a loss of interest income thereon and may, in addition, cause the Union to incur legal and administrative expenses. The Manager therefore agrees to pay to the Union interest on any overdue amounts payable pursuant to this Article 12 at the rate charged by the Toronto Dominion Bank in Toronto to its most credit-worthy commercial customers (the "Prime Rate) plus two and one-half percent (2 Yl%) per annum for each day of default, until payment is made, and to pay, in addition, the actual legal and administrative costs incurred by the Union as a result of such default and any proceedings taken by it to enforce such payment, including, without limitation, grievance proceedings pursuant to this Agreement In addition to the foregoing, the Manager shall pay the employer's contributions to the Canada Pension Plan The Manager agrees to include full time employees in program credits The Manager agrees to supply parking for full time employees The Manager agrees to provide pennanent employees up to 3 days bereavement leave with pay when there is a death in the employee's immediate family provided that such leave shall be taken between the date of death and the day following the funeral on days that the employee would otherwise have been at work. Immediate family for purposes of this article shall mean the employee's spouse/partner, child, mother, father, brother, sister, grand parent, grand child, mother-in-law, father-in-law The Manager agrees to provide permanent employees up to 15 days leave with pay when such employee is called for jury duty or subpoenaed to appear in court as a witness in a matter in which they do not have an interest in the outcome. Payment shall only be for absences occurring on days that the employee would otherwise have been at work and shall not exceed 8 hours pay at straight time per day. If the period of time exceeds 15 days a further leave will be granted without pay. If the employee receives a payment from the court, this amount will be deducted from the employee's regular earnings on those days. ARTICLE 14 - HOURS OF WORK AND MINIMUM CALLS 14.lln the case of a permanent employee as herein defined, a performance call shall be deemed to be a working period of not more than four ( 4) hours, commencing one (1) hour before the start of the performance and ending at the time of the final curtain In the case of extra employees called to work the performance, a performance call shall be deemed to be a working period of not more than three and one-half (3 1h) hours, commencing one half ( l/2) hour before the start of the performance and ending at the time of the final curtain Time in excess of that stipulated in this Article for the duration of a performance call shall be paid for at the prevailing hourly rate in effect. PAGE 8OF13

9 14.4 When Massey Hall or Roy Thomson HaJl is operated on a Sunday for church service, there shall be a three (3) hour minimum Permanent employees herein defined shall be paid for one-half (1/2) a week in they work for three (3) days or fewer in a week, they shall be paid a full week if they work for four days or more in the week Performances which can be taken down and out by the house crew in sixty (60) minutes or less shall be paid one (1) hour at the prevailing rate Performances which can be taken down and put out by the show crew in sixty (60) minutes or less shall be paid one (1) hour at the prevailing rate, provided that the show crew has worked a call immediately prior to the show being taken out Subject to the terms of Article 9.5, a rehearsal shall be considered the same as a performance in respect of rates of pay and minimum and maximum hours of work The minimum call for any person working during a straight time period and who is not otherwise required to work during the day on which he is called shall be five (5) hours Four ( 4) hours shall constitute the minimum call for all work other than that referred to in this Article Fourteen Crew scheduling shall be the responsibility of the Manager, in consultation with the Shop Steward and shall not be carried our contrary to the terms of this Agreement Crew scheduling is to be substantially completed by Thursday of the week prior and is subject to change. ARTICLE 15 - TERMINATION OF EMPLOYMENT 15.1 No Permanent Employee shall be discharged other than for just cause. In the event that an employee is discharged and not reinstated through the grievance arbitration procedure such employee shall not under any circumstances be returned to work at either Hall nor shall such employee have any right to claim work at either Hall Subject to Article 15.1, an.y Permanent Employee who has worked more than three (3) consecutive months for the Employer, shall be provided notice of one (1) week for every year or part thereof the employee has been employed before the employee is terminated or permanently laid off, or pay in lieu thereof. Such notice is not required for any employees who are discharged with just cause All permanent employees as herein defined shall give to the Manager not fewer than four (4) weeks notice of their desire to leave the employment of the Manager. ARTICLE 16 - T.V. VIDEOTAPE AND MOTION PICTURE MAKING 16.l When Massey Hall or Roy Thomson Hall or any portion of either is used for the production of public or commercial television, film, or advertisement materials; or recording of sounds by any audio recording equipment for the prupose of reproducing such sounds within Massey Hall or Roy Thomson Hall, all regular and additional equipment required which is normally within the competence of the Union shall be handled by employees supplied by the Union under the terms and conditions established for such work between the Union and the Corporation. For clarity, this clause is not intended to exclude non-profit or documentary productions that require regular or additional equipment that would normally be handled by members of the Union. PAGE90Fl3

10 16.2 The Union agrees that still photographers, video and audio operators representing the media and the Manager or a lessee shall be allowed to take photographs, conduct interviews and make recordings in all areas of Massey Hall or Roy Thomson Hall with exception of the stage performance area for publicity or news purposes without restriction or additional costs Provided that: a) The Manager has given reasonable notice to the Union and such notice will be acceptable in electronic form. b) The Union has given prior approval (which approval it shall not unreasonably withhold); and in the event of last minute publicity opportunities arising the Union will not unreasonably withhold approval. c) The final product presented for viewing or hearing by the public is in fact displayed or broadcast to the public within ninety (90) days of the date it was recorded. The provisions of Article 16.l hereof shall not apply when visual images or audio recordings at Massey Hall or Roy Thomson Hall are recorded in any of the ways described in Article 16.1 hereof solely for news purposes or the direct promotion of the Manager or the TSO and the final product as presented for viewing or hearing by the public shall be no longer than five (5) minutes in length. For recordings where the final product lasts longer than five (5) minutes the equipment operator used to record the visual images or sounds shall be a member of the International Alliance of Theatrical Stage Employees and Moving Pictures Machine Operators of the United States and Canada. d) Still photographers, video and audio operators do not require assistance with scenery, properties, furniture, drapes, lighting and or plug-ins. e) The Union and the Manager agree that still photographers, video and audio operators representing the media and the Manager or a lessee intending to use the stage performance area to conduct interviews and make recordings for publicity or news purposes the minimum crew required shall be one (1). The minimum call shall be paid at the hourly video rate Still photographers representing catalogue distributors, magazine and/or commercial book publishers and using Massey Hall or Roy Thomson Hall or any portion of either excluding the stage, shall be required to use persons as supplied by the Union, for the purpose of moving and setting scenery, properties, furniture, drapes and/or lighting equipment. Persons called for such work shall be remunerated at the prevailing hourly rates with a minimum call. Still photographers not requiring assistance with scenery, properties, furniture, drapes and/or lighting equipment shall not be subject to the provisions of Article 16.1 hereof shall not apply The following rates shall apply to the following events: l. Industrial Presentations: a Regular hourly rates will be paid except as provided otherwise in this article Audio visual components for the audience or sending a feed from the industrial presentation to another meeting shall not affect the rates to be paid. b. The Hourly Video Rate will be paid for all work performed by employees including set up, perfonnance and takedown when the presentation is being taped for future usage or simultaneous broadcast. 2. Shows for a Live Audience: a. Regular calls will be paid to set up and take out the show. b. Video premium rate will be paid to employees who work during the performance when t the show is being taped for future or simultaneous broadcast. PAGE 10OF13

11 c. The Hourly Video Rate will be paid to the video crew engaged for the actual recording of the event including set up, presentation and takedown of the recording equipmenl 3. Television Production: a. For the purposes of this Article , television production is defined as a live-to-air or recorded event produced primarily for a television audience. b. The Hourly Video Rate will be paid for all work performed by employees including set up, performance and takedown PHOTO CALLS. Still photographers representing catalogue distributors, magazines and/or commercial book publishers use of the stage at either Massey Hall or Roy Thomson Hall before or after a stage program for purposes of posed shots of specifically staged excerpts the minimum Head of Departments shall be retained as well as any additional persons that may be required in each department for the working scenery, properties, drapes, lights, etc. If the use of the stage shall not be required, then only the Head of Department (if necessary) for the servicing of that photo call shall be retained. All such work shall be performed at the prevailing hourly rates with a minimum call. Photos of Artists appearing at either Massey Hall or Roy Thomson Hall may be taken during press interviews without IA involvement, so long as lighting or plug-ins are not required and the stage performance area is not utilized RENTALS. When the manager sublets, leases or loans either Massey Hall or Roy Thomson Hall or any portion thereof to third parties, be shall do so only upon terms that require the third parties to honor and abide by all of the applicable provisions of this Agreement. He shall pay for all work performed by members of the Union except in cases where a relevant contract exists between the Union and the third parties PAY TELEVISION. When Massey Hall or Roy Thomson Hall or any portion of either is used for television, video tape, or motion picture making, or the recording by any mechanic or electronic means whatsoever of visual images for the purpose of reproducing same for display in a manner similar to that resulting from the use of video tape or motion picture film or the recording of sounds by any audio recording equipment for the purpose of reproducing such sounds, either inside or outside either of such theatres, and when it is intended by th.e person, firm or Corporation causing such recording to be made that the product thereof, or a portion of such product, be made available or communicated to persons who have contracted and undertaken to pay a fee for the reception on a television set of entertainment attractions whether originally produced for such purpose or not, then IN THAT EVENT the preceding provisions of this Article 16 shall apply unless and until the Union shall have negotiated a separate agreement with the person, firm or Corporation intending to cause such recording to be made. It is understood and agreed by the Manager and the Union that the Manager will give to the Union immediate notice that any such recording is intended to be made and that the Union will attempt to negotiate such separate agreement as quickly and as expeditiously and upon such reasonable terms as it is able ARCHIVAL RECORDINGS. Provided that the Employer has given reasonable notice to the stage employees, an archival tape of a performance may be made with no additional payment to stage employees. An archival tape is defined as a tape made for historical record of the production or event for the use of the Manager or Licensee. For the purposes of this clause, archival recordings are defmed as: a) Audio: A feed from the house program sound microphones recorded on house equipment. b) Video: A feed from the fixed house video camera recorded on house equipment, and operated by the show crew, or on one other fixed camera provided and operated by the Licensee. PAGE 11OF13

12 16.10 PERSONAL PHOTOGRAPHY In acknowledgement of frequent use of hand.held cameras by members of the public and of performing artists, it is acknowledged by both parties that virtually all performers and patrons have personal cameras, and monitoring the talcing of personal photos is impossible. Personal, noncommercial photography, whether by the Manager, patrons or performers will be permitted in all areas of the Halls, including backstage and onstage. Posting on "social networking" sites such as YouTube, Facebook, Twitter, Flickr, biogs or the like, does not constitute "publishing" or "broadcasting" for the purposes of this agreement No stagehand shall be required for videotaping TSO Donor events so long as lighting or additional plug-ins are not required and the stage performance area is not utilized. 17. l The Manager shall have the right: ARTICLE 17 - MANAGEMENT RIGHTS a) to make such rules and regulations as may be deemed necessary for the conduct and management of performances and working conditions; b) to manage the operation and undertakings of the Manager and to select, install and require the operation of any equipment, plant and machinery which the Manager in its discretion deems necessary for the efficient and economical carrying out of the operations and undertakings of the Manager Provided that these actions are not inconsistent with the terms of this Agreement, and the Union further agrees that its members shall obey all directives given by the authorized representatives of the Manager provided that they are not inconsistent with the terms of this Agreement or with the rules and regulations of the International Alliance of Theatrical Stage Employees and Moving Pictures Machine Operators of the United States and Canada. ARTICLE 18 -GENERAL 18.l The Manager may refuse to employ and may demand replacement for any reporting for work in an intoxicated condition or who brings intoxicating beverages into Massey Hall or Roy Thomson Hall or who in the opinion of the Manager is otherwise incompetent or unsatisfactory to perform his duties UNIONS OBLIGATIONS. The Union is a member of the International Alliance of Theatrical Stage Employees and Moving Pictures Operators of the United States and Canada and the Manager shall therefore not require the Union or its members to do any act or omit to do any act, accept any obligations which is inconsistent with the duties and obligations which are imposed upon the Union or its members by the Constitution and By-laws of the International provided that the foregoing shall in no event be construed or applied so as to contravene any applicable Provincial of Federal Law BUSINESS AGENT. The Business Agent of the Union or Union Representative is to be admitted into Massey Hall and Roy Thomson Hall at all reasonable times in order to properly supervise and inspect the working conditions of the Union Members. PAGE 120F 13

13 ARTICLE 19- EFFECTrvEDATE AND DURATION 19.l This Agreement shall come into force on June 1, 2015 and shall remain in force until May 31, ARTICLE 20 - ENTIRE AGREEMENT 20.l This Agreement sets forth the entire Agreement between the parties. No promise, representation or inducement, except as herein set forth, has been made by either party. ARTICLE 21- NOTICE OR RENEGOTIATION 21. l In the event that prior to the expiration date of this Agreement either party desires to negotiate a new Agreement, notice in writing by registered mail shall be given to the other party not less than thirty (30) days and not more than ninety (90) days prior to the expiry date of this Agreement. If such notice is given by either party and new Agreement is reached, all the provisions of this Agreement shall continue to be observed by both parties until ninety (90) days after the expiry date of this Agreement, or until seven (7) days after the report of the Conciliation Board is received by the Minister of Labour. ARTICLE 22 - RENEGOTIATION PROCEDURE 22. l Upon receipt of notice from either party of a desire to negotiate a new Agreement as provided in Article 20 above, a meeting shall be held between the parties within twenty (20) days for the purpose of negotiations and further meetings shall be held as frequently as possible until settlement is reached or until either party makes application for conciliation. ARTICLE 23 -AUTOMATIC RENEWAL 23. l If neither party gives notice of a desire to negotiate a new Agreement, this Agreement shall be automatically renewed for a further period of one year; and from year to year thereafter. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representatives this 17th day of December, 2015 at the City of Toronto, in the Province of Ontario. THE CORPORATION OF MASSEY HALL AND ROY TIIOMSON HALL \ \ " -- --v~ ~ Lillian Thalheimer Director THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, MOVING PICTURES TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES, ITS TERRITORIES AND CANADA LOCAL#58 ~u~---~ Production Manager Business Agent PAGE 13 OF 13