C O L L E C T I V E A G R E E M E N T THE CENTRE IN THE SQUARE INC. LOCAL No. 357 INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES,

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1 C O L L E C T I V E A G R E E M E N T BETWEEN THE CENTRE IN THE SQUARE INC. AND LOCAL No. 357 OF THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES, ITS TERRITORIES AND CANADA Effective from July 1, 2016 to June 30, 2019 (Stagehands)

2 TABLE OF CONTENTS ARTICLE ONE PURPOSE... 1 ARTICLE TWO RECOGNITION... 2 ARTICLE THREE MANAGEMENT RIGHTS... 3 ARTICLE FOUR ACCESS TO PREMISES... 4 ARTICLE FIVE EMPLOYEES... 5 ARTICLE SIX JURISDICTION ARTICLE SEVEN FULL-TIME EMPLOYEES ARTICLE EIGHT HOURS OF WORK ARTICLE NINE CHANGEOVER ARTICLE TEN PUBLICITY AND PHOTO CALLS ARTICLE ELEVEN T.V., VIDEOTAPE, FILM, TAPE RECORDING ARTICLE TWELVE SPECIFIED HOLIDAYS ARTICLE THIRTEEN VACATION - TERMINATION ARTICLE FOURTEEN LEAVES OF ABSENCE ARTICLE FIFTEEN BENEFITS ARTICLE SIXTEEN UNION DUES CHECK-OFF ARTICLE SEVENTEEN BEREAVEMENT - JURY DUTY ARTICLE EIGHTEEN GRIEVANCE AND ARBITRATION PROCEDURE ARTICLE NINETEEN RATES OF PAY ARTICLE TWENTY DURATION AND RENEWAL Appendix A

3 ARTICLE ONE PURPOSE 1.01 It is the general purpose of this Agreement to set forth the conditions of employment, the rates of pay, and hours of work to which both parties have agreed and to provide a procedure for prompt and fair settlement of grievances. DEFINITIONS 1.02 The Board of Directors of THE CENTRE IN THE SQUARE INC. shall be referred to hereinafter as "the Employer" THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES, ITS TERRITORIES AND CANADA, LOCAL No. 357, shall be referred to hereinafter as" the Union" In this Agreement any reference to Centre Management shall be deemed to include the term or designate In this Agreement any reference to the Business Agent shall be deemed to include the term or designate. 1

4 ARTICLE TWO RECOGNITION 2.01 The Employer hereby recognizes the Union as the sole collective bargaining agent for all stage employees of the Employer under the jurisdiction of the Union with respect to wages, hours of work, and all other working conditions at the theatre building, and for services supplied from the theatre building Local No. 357, I.A.T.S.E. is a member of the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States its Territories and Canada. Nothing in this contract shall ever be misconstrued so as to interfere with any obligation the Union owes to such International Alliance by reason of prior obligation. The foregoing shall in no event be construed or applied so as to contravene any applicable Federal, Provincial or Municipal law. 2

5 ARTICLE THREE MANAGEMENT RIGHTS 3.01 The Union recognizes that the Management of The Centre In The Square directs the control of its properties and premises The Employer shall have the right to make such rules and regulations as it may deem necessary for the conduct and management of the performances and working conditions; the right to the direction of its work force and to dismiss for proper cause subject to the Grievance Procedure. Further, the Union agrees that its members shall obey all rules and directions of any authorized representative of the Employer. 3

6 ARTICLE FOUR ACCESS TO PREMISES 4.01 The Business Agent of the Union shall be admitted at all times, subject to normal Centre In The Square security provisions, to any area under the jurisdiction of the Union. Union business and meetings will not be conducted on the premises during working hours except at the request of Centre Management The Union will not engage in Union solicitation or engage in any other Union activity on the premises at any time except with the permission of Centre Management The Employer agrees, at its discretion, to allow employees covered by this agreement who apply to the authorized representative of the Employer and the appropriate Head of Department, access to equipment and work areas for the purpose of instructing apprentices and other interested members in the proper use of equipment and work techniques. Responsibility for equipment and building security shall rest with the Head of Department involved. 4

7 ARTICLE FIVE EMPLOYEES 5.01 The Employer agrees to employ only stage employees, including but not limited to, Carpentry, Rigging, Electrics, Props, Sound, Projection, Video, and Wardrobe/Hair & Makeup, supplied by the Union. All stage employees shall remain in good standing with the Union as a condition of their employment with the Employer The Union agrees to supply capable stage employees. Stage employees shall be required to provide themselves with such hand tools as are normally required for the performance of their various duties. All such tools shall be in good condition and present each time the employee reports for work The Employer shall, at all times, employ sufficient stage employees to carry out the duties and tasks scheduled for any Department in the time specified for the completion of such tasks. See 5.04 of Article Five The number of stage employees employed shall be mutually agreed upon by the Crew Chief, the Head of Department involved and Centre Management. If there is no mutual agreement, the decision of the Crew Chief shall be honoured until such time as the Business Agent of the Union and the Employer can render a decision Local arts and community organizations which are largely or wholly amateur in their membership shall be encouraged to supply volunteers to work with members of the Union in the theatre building. Such organizations may provide volunteers subject to considerations of technical competence and safety. The Crew Chief, in consultation with Centre Management, shall rule on technical competence and safety. The volunteer crews shall be directed by a Head of Department The Employer shall have the right to select full time Heads of Department provided that they are and remain members in good standing of the Union and are selected by the procedure outlined in Section 5.07 of Article Five. 5

8 5.07 If a Head of Department position is being created, the Employer will inform the Business Agent of the Union at least thirty (30) days in advance, in writing, whenever possible. If a Head of Department position is being vacated, the Business Agent will inform the Employer at least thirty (30) days in advance in writing whenever possible. As soon as possible thereafter, a list of suitable candidates in order of seniority will be provided by the Union to the Employer. The Union will give all due consideration to experience, leadership, work abilities and Union Seniority of each candidate. It is understood that the Employer will give each candidate the same consideration and that it will give its reasons in writing for not engaging the senior qualified members If any other full time positions, other than those provided for in 5.06, are being created or vacated, the procedures of 5.07 shall be followed with the addition that Centre Management shall be given the opportunity of interviewing all candidates and registering his/her recommendation with the Local prior to final selection by the Union If, for any reason, the Crew Chief is unavailable for scheduled work for a period of time, not to exceed three (3) days, the Crew Chief or the Business Agent shall appoint a full time employee of The Centre In The Square as the temporary replacement Crew Chief to assume the duties of the Crew Chief. For absences longer than three (3) days, the temporary replacement of the Crew Chief will be discussed between the Business Agent and Centre Management. Should no agreement be reached in the naming of a temporary replacement, the final decision shall rest with Centre Management. The temporary replacement Crew Chief shall be paid in accordance with Article Nineteen (19) If, for any reason, a Head of Department is temporarily unavailable for scheduled work, the Business Agent and the Crew Chief shall determine if the Assistant already employed in that department or another employee supplied by the Union shall be designated the Head of Department and shall assume all responsibilities and benefits of such position until the Head of Department returns to work. 6

9 5.11 In accordance with 5.12, if a Head of Department or an Assistant Head of Department is temporarily unavailable and, after discussion between the Crew Chief and Centre Management, it is determined that the scheduled work requires a replacement, then the replacement shall be paid the applicable hourly rate in accordance with the work content and responsibility required. When a full time employee is on vacation, they will be replaced as necessary according to the demands of the work schedule for the period in question. Following a recommendation from the Crew Chief and approval by Centre Management, the vacationing employee will be replaced In the event that it becomes necessary to replace an absent full time employee due to sickness or injury, for a period of longer than one (1) day and no more than five (5) days, the Crew Chief and Centre Management will consult to determine if a replacement is required. For absences of longer than 5 days the full time employee will be replaced. It is understood that if a sick or injured employee is absent for more than five (5) days, they shall provide a weekly update of their status to the Crew Chief and the Crew Chief will forward this information to Centre Management, the department involved and Business Agent. The replacement employee will be paid as a part time employee under this Collective Agreement up to and including the first sixty (60) days. An employee, who replaces, on a continuous basis, for greater than sixty (60) days, all hours and duties of a full time employee, under this Collective Agreement shall be deemed to be a temporary employee. The status of the temporary employee will remain in effect from the 61 st day of continuous replacement until the full time employee can return to work, provided that the temporary employee is the same employee and the period of replacement is continuous. The temporary employee shall be entitled to the same benefits as set forth in the Collective Agreement for full time employees with the following modifications: 1) Sick leave will accumulate at 8 hours per month, to be used, if needed, during the replacement period, but has no cash value and will not be paid out (if unused) at the end of the replacement period. If the temporary employee becomes a full time employee, with no break in service, any un-used sick leave credit (up to a maximum of twenty-four (24) days) will be transferred to the full time employees sick leave credit. 7

10 2) In the event the temporary employee is a member of the Union s Health Accident and Sickness Plan, they shall remain on that plan and the Employer will pay the percentage of gross wages to the Union in accordance with Article b. However, if the temporary employee is not covered under the Union s plan, then the Employer shall provide the benefits as provided for in Appendix A of this Collective Agreement. The Business Agent shall notify Centre Management which plan the temporary employee will be covered by. Such notification must be provided no later than the first day of the employee acquiring status as a temporary employee. Failure to notify as set out above will default to the Employer submitting the percentage of gross wages to the Union s Health Accident and Sickness Plan for benefit coverage for the duration of the replacement period. 3) A temporary employee shall receive one floater day off for every one hundred and twenty (120) days of continuous employment as a temporary employee to a maximum of three (3) floater days off per calendar year. The maximum floater days off available for all temporary employees in a calendar year is six (6). Floater days off must be used in the calendar year that they were earned and have no cash value if not used by the end of the replacement period. 4) Vacation will be paid at the appropriate percentage of earnings, weekly. Upon completion of each continuous six (6) months of replacement work the temporary employee must take at least a oneweek (1) vacation. All vacations for temporary employees shall be scheduled by the Employer having regards to the employee s preference and the work and service required to be done and provided. Such vacation must be taken prior to the completion of the following six months A statement of weeks worked and rates paid will be supplied on the Employment Insurance form provided by Service Canada upon request. All other legally required documents will be provided by the Employer with the final pay or within ten (10) business days after the final pay. 8

11 5.14 HEALTH AND SAFETY The Union and the Employer jointly agree that they will co-operate to the fullest extent in the maintenance of supplied safety appliances and observe appropriate safety practices. The Union shall elect two (2) Health and Safety representatives; at least one (1) should be a full time stagehand employed by the Employer. 9

12 ARTICLE SIX JURISDICTION 6.01 Subject to provisions outlined elsewhere in this Agreement, it is agreed that all construction, installation, alteration, operation and maintenance of stage equipment in The Centre In The Square premises including, but not limited to, scenery, drapes, picture sheets, lighting, sound, projection equipment and special effects created by whatever method shall be performed by members of the Union. The maintenance of all auditorium, lobby/foyer, dressing room and studio lighting shall be performed by members of the Union Employees of suppliers of original equipment may be called in to modify or repair their equipment. Original installation shall also be included in this section but, if the equipment to be installed, modified or repaired is equipment that would normally, when in use, be the responsibility of an employee working under this agreement, a full time employee representing the appropriate department shall be present during installation, modification or repair of such equipment Section 6.01 shall not apply to construction or reconstruction of any theatre area normally under Union jurisdiction except that the Crew Chief and the Union Business Agent be made aware of such changes. It is understood that a full time Head of Department shall be in the building during such construction or reconstruction during regular hours All sets used by the Employer in any production produced by the Employer shall be produced by the Union or any other I.A.T.S.E. Local and shall bear the Local Union's I.A.T.S.E. crest or label. The Employer may, from time to time, on its own or with other theatres, commission an artistic work for presentation at The Centre In The Square and other halls. Commissioning for the purposes of this Article is a commitment of a fee payable to a producer, a third party. The producer, at his/her sole risk would hire artistic personnel, build the work and generally prepare it for presentation by halls such as The Centre In The Square without any involvement by the Employer. The Employer would participate in the risk only as far as presenting the work produced in this manner, at its own location. Provided the Employer is limited to the foregoing, no part of the activity of commissioning shall be understood as producing activity by the Employer for purposes of this clause or Collective Agreement. 10

13 6.05 All electrical wiring of stage properties shall be done by Union electricians If events other than performances are scheduled in the following areas, including but not limited to, the lobbies/foyer and the CentreStage Lounge of The Centre In The Square then the Employer shall inform the Union of such events thirty (30) days in advance whenever possible and the Employer and the Union shall discuss the extent of Union involvement, if any. When thirty (30) days advance notice is not possible, the Employer shall inform the Union as soon as the booking is made All properties, with the exception of personal hand properties, which are being moved to, from or within the theatre shall be moved by members of the Union. Properties shall include, but not be limited to, furniture, decorations, floor covering, music stands, chairs, large musical instruments and their cases Sound recording, mixing, editing or any other audio preparation specifically for a Centre In The Square production done on the premises of The Centre In The Square shall be performed by or done in the presence of the Head Sound Person. In the event that the Employer equipment is removed from The Centre In The Square for recording, mixing or editing, then such work will also be done by or in the presence of the Head Sound Person All types of video-recording equipment used for non-broadcast and/or archival purposes shall be moved, set up and operated by members of the Union. It is agreed that the video camera normally used shall not require an Operator. If an Operator is required, the Operator shall be a member of the Union trained in video-recording services Video playback by tape, cassette, disc or other system, video monitor, video and film projection, laser and/or hologram projection and any other systems used to create visual images as an element of production shall be moved, set up and operated by members of the Union In the event that The Centre In The Square is leased or rented to a third party, it is agreed that the performance of any bargaining unit work undertaken by that third party shall be performed by employees referred to employment with the Employer in accordance with this Agreement and the Employer shall be responsible for all wages and benefits It is agreed that members of the Union shall be given first consideration for touring positions on all the Employer s productions, produced under the auspices of the Employer, which the Employer shall cause to be displayed in one or more locations in Canada and abroad which are not covered by this Collective Agreement. 11

14 6.13 No person or persons employed under this Agreement shall remove or cause to be removed any equipment or material which is the property of the Employer from the premises of The Centre In The Square for personal use without the written consent of an authorized representative of the Employer. The person or persons who do remove such equipment shall be responsible for its condition when it is returned and are liable for all damage and/or loss No personal projects may be undertaken by any employee employed under this Agreement at any time, in any area of The Centre In The Square, without receiving prior written consent from Centre Management in consultation with the Crew Chief and the Head of the Department in whose jurisdiction said project is to take place Any authorized representative of Centre Management may, at any time, supervise or direct any member of the Union provided that the Crew Chief and the Head of Department involved are made aware of such circumstances before the time period of such supervision or direction. The Employer agrees that no member of Centre Management shall perform any duties which are specified or implied to be duties of members of the Union In the event that a touring production duly authorized by IATSE is presented at The Centre In The Square, the Union and the Employer acknowledge and agree that travelling IATSE stagehand employees so authorized to travel with the touring production in accordance with the IATSE Constitution and Bylaws, rules and regulations shall be permitted to perform stagehand work at The Centre In The Square. Notwithstanding the foregoing, the Union and the Employer further acknowledge and agree that under no circumstances shall IATSE travelling stagehand employees in any Department exceed the number of employees covered under this agreement. 12

15 ARTICLE SEVEN FULL-TIME EMPLOYEES 7.01 Full time Heads of Departments shall be: Head Carpenter, Head Electrician, Head Sound Person and Head Prop Person. There shall be two (2) full-time assistants whose first responsibility shall be Assistant Carpenter/Fly Person, Assistant Electrician. The Crew Chief shall be selected from the ranks of the full time employees by Centre Management, in consultation with the Business Agent Management personnel or other persons employed by the Employer but not covered by this Agreement will submit all work schedules, procedures or directions to the Crew Chief The Crew Chief shall be responsible for submitting accurate time sheets for verification by the Employer. In the event that corrections or changes are required, these corrections or changes will be made after discussion with the Crew Chief. If after discussion there is no agreement, a copy of the altered time sheet shall be supplied to the Crew Chief. The Union may provide a written explanation as to why there is a disagreement, and having received the Union's position, the Employer will respond with a written explanation setting out the Employer's position The Employer shall, whenever possible, give credits to each full time staff member in its programmes and shall request the proper crediting of each Head of Department in any radio, television or film production produced at The Centre In The Square The Employer shall endeavour to provide parking spaces for full time Union employees at no charge The Employer shall reimburse full time employees, up to Three Hundred Dollars inclusive of HST ($300.00) every two (2) years, upon presentation of a receipt, for the purchase of protective footwear, as approved by the Joint Health and Safety Committee. 13

16 ARTICLE EIGHT HOURS OF WORK 8.01 Four (4) hours shall constitute the minimum work call for all personnel covered by this Agreement. Any call may be extended provided the appropriate meal and rest periods are observed. In the event that full time employees work a recoverable call that provides five (5) hours of work in one day, the remaining three (3) hours for that day after the recoverable call is completed will be the minimum house maintenance call for that day provided that the two (2) calls are back to back with only one hour between. In all other circumstances the minimum four (4) hour call shall apply to house maintenance calls Four (4) hours shall constitute the minimum call for extra people called to "Take In" and "Set Up" a production and four (4) hours shall constitute the minimum call for extra people who are called to "Take Down" and "Put Out" a production and who are not required to work the performance. Employees who work a performance and take-in and/or take-out shall be paid a minimum of two (2) hours on the take-in and/or take-out, subject to regular overtime provisions. In the event that certain elements of a production have to be removed and such removal takes less than one (1) hour, then the time charged will be one (1) hour at the prevailing hourly rate. For the purposes of this Collective Agreement, examples of certain elements shall include, but not limited to, musical instruments, wireless microphones, props etc Employees shall normally work only in the department for which they are called Time shall be computed to the next one half (½) hour for payroll purposes Show calls shall be four (4) hours in duration, beginning one (1) hour before the advertised curtain time and ending when the performance ends Lectures and meetings that are down stage of the main drape on the apron shall be paid for at the prevailing hourly rate with a four (4) hour minimum call A dress rehearsal shall be considered the same as a performance; i.e. a Show Call, as to rates and minimum hours. 14

17 8.08 When a member of the Union must work in view of the public in a costume related to the production, they shall be paid an additional hour at the prevailing rate No work other than that pertaining directly to the presentation of the production will be done during a Show Call No work other than that pertaining to a rehearsal shall be done during that rehearsal unless agreed to, in advance, by the Crew Chief Full time employees shall have an eight (8) hour turn around between the conclusion of one day s call and the start of the next call. If the turnaround is not provided, then each employee so called shall be paid their prevailing rate for that call plus one (1) hour pay at two (2) times the basic hourly rate. Part time employees shall have an eight (8) hour turn around between the conclusion of one day s call and the start of the next call within each specific production. If the turnaround is not provided, then each employee so called shall be paid their prevailing rate for that call plus one (1) hour pay at two (2) times the basic hourly rate The normal work period will be four (4) consecutive hours before a one (1) hour unpaid rest break is authorized In special circumstances only, five (5) consecutive hours of work will be permitted. If the Union Steward, Crew Chief and Centre Management agree that a one (1) hour meal break is not possible prior to the conclusion of the fifth (5 th ) hour of work, the following shall apply: The Employer will provide a proper meal for all crew at no charge prior to the conclusion of the fifth (5 th ) hour. The crew shall be given a minimum of thirty (30) minutes (which can be staggered) to eat this meal and the crew shall be paid a one (1) hour meal penalty at the prevailing rate. Where possible the discussion regarding meal breaks shall take place prior to the start of the work day but no later than the start of the day s call. If a meal break is not possible in accordance with 8.12 or 8.13 then 8.14, 8.15 and 8.16 shall apply. 15

18 8.14 Working for six (6) hours without a meal break on a call between 0800 and 2400 hours will be permitted only when absolutely necessary and by agreement with the Business Agent. Centre Management will be notified as soon as possible The sixth hour on a technical, maintenance, rehearsal and/or show call shall be paid at double the rate prevailing at the end of the fifth hour. This rate shall apply until the individual has a full one (1) hour meal break or is finished for the rest of the day When after six (6) consecutive hours of work a one (1) hour meal break is not possible, the Employer shall provide a proper meal for all Employees at no charge and a minimum paid one half (1/2) hour in which to eat the meal There shall be a fifteen (15) minute rest period approximately in the middle of each call. In the case of employees who are required to work a show call as well as the take down and load out, the fifteen (15) minute rest period shall be taken at intermission. If the employee is required to work during intermission a fifteen (15) minute rest period may be taken at the end of the show call Work done between 2400 and 0800 hours with the exception of take down and load outs shall be paid at the rate of two (2) times the basic hourly rate Rehearsals, change-overs and performances shall be scheduled so as to leave time for a one (1) hour break before the call to set up the next scheduled performance. If a one (1) hour break is not possible, the Employer shall provide, at no charge, a proper meal for all Employees and a minimum unpaid one half (½) hour in which to eat the meal For full time Union employees, the standard work week will be five (5) days between 0001 Thursday to 2400 Wednesday (excluding Sunday). However, if necessary the standard work week can be altered to include a sixth day (excluding Sundays). Full time employees may be scheduled to work within this work week with starting times to suit each day's activities. All employees shall be paid one and one-half (1½) times the basic hourly rate when the hours of work exceed eight (8) hours per day (excluding Sunday) or forty (40) hours per week (excluding Sunday). The work week will commence and terminate at a time consistent with the Employer s payroll procedures. 16

19 8.21 For the crew working on a Sunday, Sunday shall begin at 2400 Saturday and end thirty-two (32) hours later. Any work done on Sunday by Union employees shall be paid at two (2) times the basic hourly rate Should Centre In The Square activity, or change in the requirements of a particular production cause Centre Management to make a schedule change which results in a full time employee having to work on their designated full day off, without seven (7) days prior notice, then such employee shall be paid for such work at the rate of one and one-half (l½) times the basic hourly rate (excluding Sundays) Eighteen (18) hours shall be the minimum notice of cancellation of a scheduled call and/or performance for reasons other than Acts of God. In lieu of such minimum notice, each employee called for the cancellation call and/or performance shall be paid a minimum four (4) hours at the appropriate rate. Notice will be deemed to have been given after Centre Management has contacted, verbally or otherwise: a) the Crew Chief when the Crew Chief is working on site at The Centre In The Square, b) the Business Agent in the absence of the Crew Chief The Union agrees that when two (2) performances or a rehearsal and a performance of children's programs fall within the show call, only one (1) show call shall apply. If the two (2) performances or rehearsal and performance are more than four (4) hours, then the fifth hour shall be paid at one and one-half (1½) times the prevailing rate. If the two (2) performances or the rehearsal and performance are more than five (5) hours, then two (2) show calls shall apply. In the case of a rehearsal and two (2) performances, two (2) four (4) hour calls shall apply and each additional performance or rehearsal shall be a separate call. If the show crew is called up to one (1) hour prior to the one (1) hour rehearsal/show call, the fifth (5 th ) hour shall be paid at one and onehalf (1½) times the prevailing rate. 17

20 ARTICLE NINE CHANGEOVER 9.01 The minimum call for a changeover shall be four (4) hours for extra employees called for this purpose, and two (2) hours for those employees already working the performance For the purposes of this Agreement, a changeover shall be defined as adjusting all relevant, existing elements of one performance to accommodate another performance with minimum additions or deletions. A changeover would not include moving the towers to or from tower storage, removing or adding legs, borders etc., or any other major change as per a decision based upon discussion between the Crew Chief and two (2) other members of the House Crew. In the event that this decision results in additional costs, the costs must be approved by Centre Management It is understood that this Article exists for the sole purpose to accommodate those organizations referred to in Article 5.05 and the Kitchener-Waterloo Symphony. 18

21 ARTICLE TEN PUBLICITY AND PHOTO CALLS PUBLICITY: The Union agrees that still photographers representing printed media and the Public Relations Department of the Employer shall be permitted to take photographs on The Centre In The Square s premises for publicity purposes only without restriction or additional cost. In addition to the foregoing, film and television coverage of Centre In The Square events for news and promotion purposes only shall be permitted. The Employer shall endeavour to provide twenty-four (24) hours notice of such film and television coverage to the Crew Chief Television and/or radio interviews conducted in the dressing rooms/lobbies/foyers and/or administrative offices in their normal state may be done without the assistance of IATSE personnel PHOTO CALLS: If still motion picture and/or video camera persons require the use of the premises for purposes of posed shots or specifically stage excerpts, then the minimum crew necessary for the proper servicing of that photo call shall be retained. All such work shall be paid at the prevailing hourly rates with a minimum call. 19

22 ARTICLE ELEVEN T.V., VIDEOTAPE, FILM, TAPE RECORDING It is agreed that when The Centre In The Square premises are used for recording for radio broadcast, radio broadcasting, videotaping, television broadcasting, web casting, filming or recording sounds or images, any other additional equipment which is normally within the jurisdiction and/or competence of members of the Union shall be handled by them and said members shall be paid at rates mutually agreed to by both parties prior to such work taking place. Regular and additional equipment shall be defined as that normally in use for a live theatrical presentation and does not extend to specialized video or motion picture equipment Local broadcasters, defined as those whose base of operation is in the Regional Municipality of Waterloo, shall be allowed to film and/or otherwise broadcast performances at The Centre In The Square. The Union agrees that the premium as set out in would only apply to all Union personnel on the show call. All other work done in connection with the engagement would be done without premium. In the event such local broadcasts are sold to markets outside the Regional Municipality of Waterloo, or other broadcasters within the Regional Municipality of Waterloo, then shall apply. The minimum crew required for the servicing of a television production, in addition to the regular show crew, shall be one (1) audio person and one (1) electrician. The electrician shall be used to page cable for the first hand held camera in use. Each additional hand held camera shall require a union member to page cable For recording for radio broadcast, radio broadcasting, all types of videorecording, television broadcasting, web casting, filming or recording projects on the premises of The Centre In The Square, a twenty-five per cent (25%) premium of prevailing rates shall be charged. This premium shall not apply to productions of educational programs produced solely for classroom, library, or the Employer s archival use, nor for news coverage, direct promotion of The Centre In The Square, private functions, or private meetings. 20

23 11.04 News clips must be broadcast as part of a news or public affairs programme and promotional clips must be broadcast to publicize a particular show. If material prepared as news or for promotional purposes is broadcast in programme formats other than the above, then the minimum crew necessary for the proper servicing of the broadcast crew shall be paid at the prevailing rate plus the appropriate premium with a minimum call. 21

24 ARTICLE TWELVE SPECIFIED HOLIDAYS The following days shall be considered Specified Holidays for all employees: New Year's Day Victoria Day Civic Holiday Thanksgiving Day Boxing Day Family Day Good Friday Canada Day Labour Day Christmas Day Full Time Employees shall be entitled to three (3) additional paid holidays called Floaters which shall be granted upon mutual agreement of the employee, the Crew Chief and Centre Management. The following qualifications will apply to the floating holidays: 1) They must be taken during the calendar year 2) Failure to take the Floaters forfeits all entitlements to the holidays. 3) It will be on a first request basis 4) Full Time employees must have sixty (60) days service with the Employer to qualify for the Floating Holidays Any employee who wishes to be absent for two (2) hours to attend memorial services on Remembrance Day shall be allowed to do so Whenever any of the above Specified Holidays falls on a Sunday, unless designated otherwise by the Government, the next day shall be defined as the Statutory Holiday and shall be paid as such If any of the above Specified Holidays falls on a Full Time employee's designated day off, the Full Time employee shall receive a day's (eight (8) hours) pay or another day off with pay, at a time mutually agreed When Christmas falls on a Sunday, Monday will be deemed to be the Holiday and Boxing Day will be deemed to be Tuesday, or as mutually agreed When Christmas falls on a Saturday, Friday will be deemed to be the Holiday and the following Monday will be deemed to be Boxing Day, unless otherwise designated by the Government, and shall be paid as such unless otherwise mutually agreed. 22

25 12.07 A Statutory Holiday shall begin at 2400 hours the preceding day and shall end thirty-two (32) hours later at 0800 hours the following day with the exception of Christmas Day which shall begin at 1800 hours the preceding day Entitlement to specified Holiday payment shall be computed as follows: FULL TIME EMPLOYEES: If no work is performed at The Centre In The Square by the employee the Specified Holiday shall count as eight (8) hours worked and shall be paid. The provisions of this Clause shall not apply to a Full Time employee who is on an approved leave of absence in excess of thirty (30) calendar days or any employee in receipt of payments from a third party (i.e. Workers' Compensation, Unemployment Insurance, Long Term Disability Benefits). PART TIME EMPLOYEES: If no work is performed at The Centre In The Square by the employee the Specified Holiday shall count eight (8) hours worked and shall be paid provided the employee has earned wages from the Employer on at least eleven (11) days during the thirty (30) days immediately preceding the Specified Holiday. 23

26 12.09 Employees who work at The Centre In The Square on a Specified Holiday shall be paid as follows; - Full Time employees shall be paid at the rate of time and one half (1½) of the Basic Hourly Rate for the first eight (8) hours of work, plus an amount equal to eight (8) hours pay at the employee's Basic Hourly Rate. All hours worked in excess of eight (8) hours shall be paid at the rate of two and one half times (2½) the Basic Hourly Rate. - Part Time employees who qualify for the Specified Holiday, as set out in Clause 12.08, shall be paid at the rate of time and one half (1½) of the Basic Hourly Rate for the first eight (8) hours of work, plus an amount equal to eight (8) hours pay at the employee's Basic Hourly Rate. All hours worked in excess of eight (8) hours shall be paid at the rate of two and one half times (2½) the Basic Hourly Rate. - Part-Time employees who do not qualify for the Specified Holiday as per Clause 12.08, shall be paid at the rate of two and one half times (2½) of the Basic Hourly Rate for all hours worked on a Specified Holiday Should the Provincial Government introduce any additional holidays to the Employment Standards Act, such additional Public Holidays shall affect this Collective Agreement in the same manner. 24

27 ARTICLE THIRTEEN VACATION - TERMINATION Full Time employees shall be eligible for vacation based on the following schedule; Less than 1 year - 1 day per completed calendar month of service (maximum ten (10) working days.) Not less than 1 year - But less than 3 years Not less than 3 years - But less than 9 years Not less than 9 years - But less than 16 years Not less than 16 years - But less than 26 years Not less than 26 years - 2 weeks - 4% of gross earnings 3 weeks - 6% of gross earnings 4 weeks - 8% of gross earnings 5 weeks - 10% of gross earnings 6 weeks 12% of gross earnings The Employer uses the calendar year as the vacation year. Each January 1 st, full-time employees will be credited with the appropriate number of vacation days as outlined in clause Should an employee begin employment part way through a calendar year, he/she shall be credited with the appropriate pro-rated number of vacation days for the months that he/she will work within that year. Should an employees vacation entitlement change mid-year, the vacation credits will be appropriately prorated to reflect the movement up the vacation entitlement scale based on the number of months at each level of vacation entitlement. Employees with three or more weeks of vacation shall be permitted to carry over up to five (5) days into the following calendar year. Any additional carry forward shall only be permitted after seeking approval from the Crew Chief and Centre Management. Such approval will not be unreasonably withheld. If an employee leaves the employ of the Employer after taking more vacation than he/she has earned at the time of departure, he/she will have these days deducted from their final pay. 25

28 13.03 Vacation Pay shall be calculated on the basis of an employee's gross earnings in each calendar year. "Gross earnings" shall include any regular wages, specified holiday pay, overtime pay and vacation pay entitlement by an employee in each calendar year. Vacation Pay shall be paid to an employee when the vacation is taken. For each week of vacation, an employee shall receive vacation pay calculated on the basis of a 40-hour work week at the employee's hourly rate at the time the vacation is actually being taken. If the vacation pay paid to an employee during his or her vacation in a calendar year is less than his or her vacation pay percentage entitlement, a reconciliation shall be performed at the end of the calendar year and the difference shall be paid to the employee in a lump sum no later than the second pay period in July of each year Where a specified holiday falls during the vacation period of an Employee, one (1) day shall be added to the vacation period or the Employee will be entitled to an alternate day at a time requested by the Employee provided he or she gives the Crew Chief five (5) working days notice, in writing, prior to that day (a) The Crew Chief must be provided with a vacation request from the Employee no later than May 15 th for the current vacation year. Suitable dates based on seniority of the Employee will be arranged. Employees will be notified no later than one (1) week after submitting their vacation request if the request is approved or not. (b) Vacation requests after May 15 th will be approved on a first come first served basis. Employees will be notified if their vacation is approved or not no later than one (1) week following the submission of their vacation request. (c) Full time employees will be allowed to change their vacations with the agreement of the Crew Chief and the Business Agent, and written approval of Centre Management. All requests for changes in vacation time shall be approved within one (1) week of the request for such vacation time being submitted to the Crew Chief Employees shall be permitted to take vacation as full days (8 hours) or half days (4 hours) only. 26

29 13.07 Part time employees who, effective July 1, 1990 earn wages from the Employer in a minimum of three (3) successive years, and accrue a minimum of 1,000 hours, will be paid vacation pay at the rate of six percent (6%) or that as specified by law, whichever is the greater. For purposes of this Article, the calculation will be based on the date of the first call for each employee All other part time employees shall be paid vacation pay equal to the percentage of all monies earned by the employee as specified by law. 27

30 ARTICLE FOURTEEN LEAVES OF ABSENCE UNION LEAVE The Employer agrees to grant leaves of absence without pay to members of the Union elected or appointed to attend conventions, meetings or contract negotiations with the Employer or other companies for whom the Union supplies personnel provided such leaves of absence shall not unduly affect the efficient operation of The Centre In The Square. It is also agreed that the Employer will be notified one (1) week in advance of such absences, whenever possible. If one week s notice is not possible, the Employer will be notified immediately that it becomes known that the person will be absent PERSONAL LEAVE The Employer may grant a personal leave of absence without pay and without loss of seniority to employees. A request for such leave shall be made in writing to the Crew Chief, as far in advance as possible and the granting of such leave must have the approval in writing of Centre Management, the Crew Chief and the Business Agent The Crew Chief shall provide management and the Union with the schedule of the stage employee taking leave, and if any additional premiums apply as a consequence of the replacement. The stage employee on leave will be replaced for exactly the number of hours he/she would have worked had they been available and at exactly the same time. However, if it is deemed appropriate by the Crew Chief to bank hours rather than replace the on-leave employee, the Crew Chief will so advise Centre Management, who will either agree with the recommendation of the Crew Chief and authorize banking of the hours or replace the employee on leave. Any banked hours can be used to hire additional stage employees at another time, as work demands require. Centre Management and the Crew Chief will approve in writing all hours going into and out of the bank. The finance/payroll department will keep accurate records of the hours in and out of the bank. Only hours accumulated in the bank can be used. The banking year will be October 1 st to September 30 th. If hours are left in the bank at September 30 th, they may be carried forward with the approval of Centre Management. 28

31 14.04 An employee on approved leave of absence of more than thirty (30) continuous calendar days shall not receive sick leave credits, or be paid specified holidays commencing the thirty-first (31 st ) day of such leave. An employee on an approved leave of absence will still be eligible to receive vacation credits on the basis of months of service, excluding the period of approved leave PROFESSIONAL DEVELOPMENT Centre Management shall grant full-time employees two (2) paid Professional Development days to allow for employees to participate in professional development activities. These activities shall include, but are not limited to, attendance at courses or classes (in person or via the internet), visits to other venues, trade shows and suppliers premises. Activities shall be approved by the Crew Chief or Centre Management prior to the development activity being undertaken by the employee, with consideration given to the performance calendar and scheduling of activities on non-show days as well as the availability of professional development budget funds sufficient to cover all costs (including travel) of such activities. Approval shall not be unreasonably withheld. All travel costs incurred for these activities shall be in accordance with the Employer`s established travel policy. Professional Development days must be used within the calendar year and cannot be rolled forward to a subsequent calendar year. 29

32 ARTICLE FIFTEEN BENEFITS The Employer shall contribute, deduct and remit (hereinafter Remittance ) on behalf of employees participating in the Benefit Trust Funds of the Union the amount(s) listed below: a) RETIREMENT BENEFITS: A deduction of six and three quarter percent (6 ¾%) of each individual s gross earnings as defined in Article for full time employees having less than twenty (20) years service and all part time employees. A deduction of seven percent (7%) of each individual s gross earnings as defined in Article for full time employees having twenty (20) years service or greater. The Employer shall contribute an equal amount for these individuals. The Employer shall deduct and remit any additional amounts the employee may designate to be deducted from the employee s weekly wage as retirement benefits. Retirement deductions and contributions described in this clause will be extended to all employees up to the maximum age allowable under the law. Employees beyond the maximum age allowable under the law or those employees not eligible to join the retirement benefit plan shall receive the cash equivalent of the Employer s retirement contribution included in their weekly wages. In addition to the foregoing, the Employer shall pay the employer's portion of the Canada Pension Plan Contributions. b) INSURANCE BENEFITS Insurance Benefits for full time employees shall be in accordance with Appendix "A", attached hereto. A contribution equal to five and one half percent (5 ½%) of gross earnings as defined in Article for each employee who is not a full time employee. 30

33 15.02 The remittances in Article (deductions and/or contributions) including all applicable Ontario Retail Sales Tax and/or Federal Harmonized Sales Tax shall be remitted to the Administrator of the I.A.T.S.E. Local 357 Benefit Trust Fund monthly by the fifteenth (15th) day of the month following the last pay period of each month by cheque(s) made payable to I.A.T.S.E. Local 357 Benefit Trust Fund and sent to the Fund Administrator. The Union shall inform and keep the Employer current on the mailing address of the Fund Administrator on a timely basis. The remittance(s) shall be accompanied by a statement showing the name(s) in alphabetical order and Social Insurance Numbers of all those employees for whom deductions and/or contributions have been made in accordance with Article and the respective amounts in each case (including nil reports). The Employer will apply its best efforts to ensure the correctness of the report and remittance. If any corrections are required subsequent to a reporting period, the Employer will ensure that the adjustment is unique to the employee and may need to delay adjustment until the employee returns to work Remittances to the Trust Fund(s) due and/or payable by the Employer shall be, and are deemed to be, held in trust by the Employer for the Trustees of the Trust Fund(s) until remitted to the Trust Fund(s) If the Employer defaults in remitting payments required to be made pursuant to the Collective Agreement and if such default continues for ten (10) days, thereafter the employer shall pay to the Trust Fund(s), as liquidated damages and not as penalty, an amount equal to ten percent (10%) of the arrears for each month or part thereof in which the Employer is in default. In addition to the liquidated damages, interest shall run at the rate of two percent (2%) per month [twenty four percent (24%) per year compounded monthly] on any unpaid arrears, including liquidated damages." The Employer s obligation to make remittances to the Trust Fund(s) shall not be subject to any right of set-off or counterclaim which the Employer may have respecting any liability owed to it by the Union or by an Employee. 31