COLLECTIVE AGREEMENT BETWEEN:

Transcription

1 COLLECTIVE AGREEMENT THIS AGREEMENT made in duplicate this 2K day offebruary, 2017 "" BETWEEN: THE BOARD OF DIRECTORS OF THE HUMMINGBIRD CENTRE FOR THE PERFORMING ARTS, doing business as THE SONY CENTRE FOR THE PERFORMING ARTS (hereinafter referred to as the "Centre") -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 (hereinafter referred to as the "Union") April1, 2016 to March 31, 2019 PAGEl

2 TABLE OF CONTENTS ARTICLE 1 - PURPOSE...,... 3 ARTICLE 2 - RECOGNITION...3 ARTICLE 3 - UNION SECURITY... 3 ARTICLE 4 - MANAGEMENT RIGHTS CLAUSE ARTICLE 5- HOURS OF WORK AND MINIMUM CALLS... 4 ARTICLE 6- RATES OF PAY... 6 ARTICLE 7- GUARANTEED HALF WEEKS ARTICLE 8 - SCHEDULE OF HOURS... 8 ARTICLE 9- SUNDAY AND STATUTORY HOLIDAYS... 9 ARTICLE 10- MEAL BREAKS ARTICLE 11- WORKERS' COMPENSATION ARTICLE 12- COMPUTATION OF TIME ARTICLE 13 - MINIMUM CREW ARTICLE 14- LEAVES OF ABSENCE ARTICLE 15- BENEFITS ARTICLE 16- JURISDICTION ARTICLE 17- GENERAL ARTICLE 18- CREDITS ARTICLE 19- EFFECTIVE DATE AND TERM OF AGREEMENT ARTICLE 20 - SCHEDULES ARTICLE 21- NOTICE OF RENEGOTIATION ARTICLE 22 -RE-NEGOTIATION PROCEDURE ARTICLE 23- AUTOMATIC RENEWAL ARTICLE 24- ARBITRATION ARTICLE 25 -NO STRIKE NO LOCKOUT PAGE2

3 ARTICLE 1 -PURPOSE 1.1 The general purpose of this Agreement between the Centre and the Union is to establish and maintain: a) orderly collective bargaining relations; b) a procedure for the prompt and equitable handling of grievances; c) satisfactory working conditions, hours and wages for all stage employees who are subject to the provisions of this Agreement. ARTICLE 2 -RECOGNITION 2.1 The Centre hereby recognizes the Union as the sole collective bargaining agent for all stage employees of the Centre under the jurisdiction of the Union in respect of wages, hours of work and all other working conditions. ARTICLE 3 - UNION SECURITY 3.1 The Centre agrees to employ stage employees supplied by the Union. 3.2 The Union agrees to supply competent stage employees to perform such work as is required in the Centre and further agrees to supply the same crew for performances as for rehearsals of a production and that substitutes will only be made in case of illness or injury. ARTICLE 4 -MANAGEMENT RIGHTS CLAUSE 4.1 The Union and the stage employees recognize and acknowledge that it is the exclusive function of the Centre to: a) maintain order, discipline and efficiency; b) hire, discharge, layoff, direct, classify, transfer and suspend or otherwise discipline any stage employee provided that a claim that any such stage employee has been discharged or disciplined without reasonable cause, may be the subject of a grievance and dealt with as hereinafter provided; c) generally, to manage the operation and undertakings ofthe Centre and without restricting the generality of the foregoing to select, install, and require the operation of any equipment, plant and machinery which the Centre, in its uncontrolled discretion, deems necessary for the efficient and economical carrying out of the operations and undertakings of the Centre; d) make all operational decisions without restrictions except as expressly governed by this agreement. In managing the Centre's staffing levels, scheduling or other operations and methods the Centre agrees to consult with the House Heads in making such decisions. The Centre has the right to the selection, direction and determination of the size of its work force; to determine the timing, requirements and methods of PAGE3

4 work and to make such rules and regulations as may be deemed necessary for the conduct and management of the Centre; e) the Centre agrees that it will not exercise the foregoing functions in a manner inconsistent with the provisions of this Agreement. ARTICLE 5 -HOURS OF WORK AND MINIMUM CALLS 5.1 REGULAR WORK CALLS. All regular work calls shall commence not earlier than 8:00 a.m., subject to the provisions of Article 8.1 herein. 5.2 "HALF" PLAYING WEEK. It is agreed that the House Heads and Assistants who are paid on a "half' -weekly basis and who work for the Centre in the partial week from Sunday through Wednesday or the partial week from Thursday to Saturday, will be guaranteed twenty (20) straight time hours of pay in each such partial week during the forty-two (42) week period (the Season) as more fully set forth in Article 7 herein. 5.3 PERFORMANCE CALL. A performance call shall be deemed to be a work period of three and one-half (3 ~)hours for all stage employees other than the House Crew and for the House Crew a performance call shall be deemed to be a working period of four (4) hours, time to be considered in both cases as from the time of call to the final curtain. The Centre may call such Departments(s) and such stage employees as the Centre may deem necessary for two (2) hours of continuity on a performance call, to occur one (1) hour before and one (1) hour after the performance call, all at the prevailing rate of pay. If the Centre has not called a continuity hour to take place before the performance call but has called one for after the performance call, the Centre may add no more than one (1) additional hour following that post performance call continuity hour, for such Departments and such stage employees as the Centre may deem necessary, for the purpose of (a) the dressing of ice during the presentation of an ice show or (b) dealing with extraordinary circumstances, and the Centre shall pay such stage employees the prevailing rate of pay for such additional hour. 5.4 REHEARSAL CALL. Only a Full Dress Rehearsal call shall be considered a performance call. A "Full Dress Rehearsal" shall mean a rehearsal where all elements necessary to the public presentation of a theatrical stage production are present and used, including but not limited to, costumes, makeup, sets, lights, properties, sound, artists and orchestra, and if the rehearsal is conducted as if it were a public theatrical stage production. Any other rehearsal less than a Full Dress Rehearsal may be done as part of any other call and shall not require a separate call unless it is the only call in the day, in which case work during such call shall not be limited to work on rehearsals. 5.5 TAKE IN. The minimum call for the take in of a Stage Presentation (as defined in Article 13.2 herein) or a Concert (as defined in Article 13.7 herein) shall be four (4) hours unless such event is accompanied by a "Yell ow Card" at which point the minimum call shall be eight (8) hours. An exception will be made for "Yell ow Card" attractions intended for an audience under twelve (12) years of age where the minimum call for the take in will be four (4) hours. PAGE4

5 5.6 TAKE OUT. The minimum call for the take out of any Stage Presentation or Concert which can be taken down and loaded out by the show crew in sixty (60) minutes or less shall be paid one ( 1) hour at the prevailing rate. Should the take out of any Stage Presentation or Concert extend into a second hour, the second hour shall be paid at two (2) times the straight time rate of pay regardless of the hour of the day in which it occurs. If such take out cannot be finished within a two (2) hour period, the minimum call for such take out shall be four ( 4) hours at the prevailing rate of pay. 5.7 MINIMUM CALL. a) Four ( 4) hours shall constitute the minimum call for all work other than that referred to in this Article. Any work call may be extended by the Centre in one (1) hour increments. b) Subject to the foregoing, five (5) hours shall constitute the minimum call for a stage employee who is called by the Centre to work during a straight time period and who is not otherwise required to work for the Centre during the day on which he is called to work. Minimum call shall be four (4) hours at the prevailing rate but shall not be less than five (5) hours at straight time pay except for truck loaders MISCELLANEOUS WORK. Work on the installation or removal of Pit seats, other theatre seats, mid-house curtain and all other miscellaneous work at the Centre shall be: a) done as part of any other call; b) done as part of the regular duties of the Heads and Assistants; c) done interdepartmentally by both Heads and Assistants; d) counted against the guaranteed hours of all Heads and Assistants regardless of which departments they may be from; e) paid at the appropriate hourly rates for Heads and Assistants; provided however that any such Head or Assistant who is assigned such work refuses to do so for any reason, the number of hours of such work shall be deducted from the guaranteed hours payable to such position that week No stage employee shall be required to work more than one (1) five (5) hour continuous call ina day For programming intended for children twelve (12) and under, provided the work day shall not begin prior to 9:00a.m. and shall not extend beyond 7:00p.m.: a) performances on a regular day shall be paid at the applicable straight time rate; b) there shall be no additional premium for performances on a premium day or a statutory holiday; PAGES

6 c) if any performance day extends beyond 7:00 p.m., this shall not be deemed to invalidate the applicability of this clause to other performance days that otherwise comply with this clause Where time allows and after consultation with the respective Head(s), Heads and Assistants working on any call may be assigned work anywhere in at the Centre for any purpose (subject to the provisions of Article 13.1(b)), whether or not related to the purpose ofthe original call and there shall be no additional minimum call required for such purpose Notwithstanding Clause 5.8, the removal of house seats for the sole purpose of modifying the audience's experience (i.e. creating a "mosh pit") shall require a separate crew call except for the Head of Props. ARTICLE 6- RATES OF PAY 6.1 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 these monies shall be paid to the employee Thursday, ifby cheque, or Friday, if in cash, of the week following the week in which the services were performed. Rates of Pay for the year April 1, 2016 to March 31, 201 7: Hourly Performance Construction Film/Video Heads of Departments $47.63 $ $49.36 $51.75 Assistants $46.14 $ $46.33 $48.60 Special Operators $46.14 $ NA $48.60 All Others $45.19 $ $45.37 $45.68 The construction rate shall apply when a stagehand is called to construct an element for a production from raw materials (wood, steel aluminum, etc.) or to repair substantial damage to a piece of scenery or element of a production. Any Stage Employee engaged in construction shall be paid at the construction rate for the duration of the call, subject to the minimums set out in Article 5. When a stagehand already on a call is required to construct or repair an element as described above, the stagehand shall be paid at the construction rate from the time the construction work commences until the end of the call and will be paid not less than a minimum call at construction rate. Rates of pay for the year April 1, 2017 to March 31, 2018 shall increase by 2.25%. Thereafter during the remainder of the term of this Agreement, for the period from April PAGE6

7 of one year to March of the following year the wage increase shall be equal to 2.25% 6.2 VACATION PAY. The Centre agrees to pay and remit monthly to the IATSE office or it's designate for credit to the account of each individual supplied by the Union, Vacation Pay in an amount equal to ten percent (1 0%) of all monies earned by the said individual during the period of this Agreement. 6.3 The pay period will be Monday to Sunday, inclusive. 6.4 One (1) hour's pay at the applicable straight time rate shall be paid to stage employees who are required to wear a costume during a performance or dress rehearsal. Dark or black clothing worn in order to conceal the stage employee's presence onstage while in sight of the audience shall not be considered a costume. ARTICLE 7- GUARANTEED HALF WEEKS 7.1 For as long as the Centre is operating as a theatre: a) a guaranteed payment of twenty (20) straight time hours per "half' week for a period of sixty (60) "half' weeks shall be paid to each Head ofdepartment and the Chief Sound Technician position; b) a guaranteed payment of twenty (20) straight time hours per half week for a period of twenty (20) half weeks shall be paid to each Assistant position; c) the guaranteed halfweeks shall be paid out over a forty-two (42) week period (the "Season"), excluding the ten (1 0) week period starting on Canada Day, July 1st; d) during said ten (1 0) week period the Heads and Assistants are not obligated to work at the Centre; e) the "half' weeks shall be deemed to be Sunday through Wednesday and Thursday through Saturday; f) the Centre will give the Heads and Assistants as much notice as possible (approximately four ( 4) weeks in most circumstances) of any half week where there is no work anticipated so they can find work elsewhere; g) if the Heads or Assistants are recalled in the ten (10) week period outside of the Season period, their refusal or acceptance to do work at the Centre shall not be counted against their guaranteed hours; h) all premium pay work (with the exception of double time work on Sunday) shall be applied against the guaranty and counted as hours paid. So, for example, a double time hour worked and paid at two (2) times the straight time shall apply as two (2) hours against the guaranteed hours. On Sunday, even though the stage employees are PAGE 7

8 being paid double time, the hours to be applied against the guarantee shall be determined by counting the hours worked as hours paid for such work during a normal day; i) within a given calendar week only, an excess of twenty (20) hours paid in either half week segment may be applied towards topping up the other half week segment to the extent there were fewer than twenty (20) hours of paid work in such segment. For purposes of clarity, if the Heads or Assistants work in two (2) half weeks during any one calendar week they shall be paid for no fewer than forty ( 40) hours of work. j) if for any reason a head or assistant does not work the assigned hours within a guarantee week/half week the number of hours of such work shall be deducted from the guaranteed hours payable within that week/half week. k) if a head or assistant is not called by the Centre and that head or assistant otherwise "catches" a call at the Centre those calls shall not result in a guaranteed half week. ARTICLE 8 - SCHEDULE OF HOURS 8.1 a) Time worked between 8:00a.m. and 5:00p.m. Monday through Saturday, other than on performances and rehearsals, shall be paid at straight time; b) if a call starts at 7:00 a.m., the hour from 7:00a.m. to 8:00a.m. shall be paid at two (2) times the straight time rate; c) if a call starts prior to 7:00a.m., then twice the straight time rate shall be paid for all hours worked until the stage employee is given a nine (9) hour break. Notwithstanding the preceding, except on Sundays, any calls exclusively outside of the theatre/stage area shall be paid at two (2) times the straight time rate between the hours of 6:00am and 8:00am. After 8:00am the prevailing rate will apply until12:00pm at which time it shall revert to two (2) times the straight time rate. 8.2 Time worked between 5:00p.m. and 12:00 midnight Monday through Saturday, other than on performances and rehearsals, shall be paid at time and one-half. 8.3 Time worked between 12:01 a.m. and 8:00a.m., Monday through Saturday, other than on performances and rehearsals shall be paid at twice the straight time rate except that take-outs performed during this period and which start before midnight shall be paid at time and onehalf for the first four ( 4) hours and double the straight time rate thereafter. 8.4 Time worked on a Sunday (as defined in Article 9.1 herein) and on Sunday take-outs in excess of the minimum four ( 4) hour call shall be paid at twice the straight time rate. 8.5 Double time remains in force for hours worked until a stage employee is given a nine (9) hour break. PAGES

9 8.6 For departmental Heads and Assistants, in the case where the work resumes on a Stmday 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 (1) 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 straight time rates. 8.7 For all work done, other than regular performances, on each and every Statutory Holiday as herein defined, two and one half (2 'li) times the straight time rate shall be paid. Additional performances or rehearsals on these days shall also be paid for at two and one-half (2 Y2) times the performance rate. 8.8 Regular performances on Statutory Holidays as herein defined shall be paid at two and onehalf (2 Y2) times the regular performance rate. 8.9 Any regular performance in excess of two (2) in any one day shall be paid at twice the rate otherwise prevailing on such day, but in no event, shall any performance in excess of two (2) be paid at more than three (3) times the regular rate Notwithstanding anything herein contained, all work done on Christmas Day (regardless of the day on which December 25th falls), all work done on Boxing Day when December 26th falls on a Sunday, all work done on Canada Day when July 1 falls on a Sunday and all work done on New Year's Day when January 1 falls on a Sunday, shall be all be paid for at three (3) times the straight time rate The hourly rate then prevailing shall apply for all work done in excess of the time limited in respect of the minimum calls defined in Article 5 herein MEETINGS: Should a head or assistant be called for a production, client or staff meeting in a half week when no other work is scheduled, the call for the meeting will not result in a guarantee half week of pay provided the meeting is scheduled one ( 1) week in advance or is otherwise agreed to between the Union and the Centre. Meetings shall be paid as a minimum five (5) hour call. Should any additional work occur on the day of the meeting, the guarantee half week will apply. It is mutually understood that Heads and Assistants who are called for a meeting will make every reasonable effort to attend the meeting however meeting attendance is not mandatory. ARTICLE 9- SUNDAY AND STATUTORY HOLIDAYS 9.1 SUNDAY. Sunday is deemed to commence at 12:01 a.m. on Sunday and to terminate at 8:00a.m. the following Monday morning. 9.2 STATUTORY HOLIDAYS. The following holidays shall be deemed to be Statutory Holidays for the purposes of this Agreement: PAGE9

10 New Year's Day Good Friday Victoria Day Family Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day 9.3 Christmas Day-December 25th, Boxing Day-December 26th, Canada Day-July 1st and New Year's Day-January 1 5 \ shall each be celebrated on the respective day ofthe week on which they fall each year and work done on such days shall be paid in accordance with the provisions of Article 8 herein. 9.4 The Statutory Holiday shall be deemed to commence at!2:01a.m. on the day of the Statutory Holiday and terminate at 8:00 a.m. on the day following the Statutory Holiday. ARTICLE 10 -MEAL BREAKS 10.1 A meal break of one (1) hour, without pay, shall be given to the stage employees after not fewer than three (3) hours of continuous work and not more than five (5) hours of continuous work. In the event that no such break is given then the Centre shall provide to all stage employees affected a paid meal break of one half (1/2) hour's duration and shall at its expense supply adequate hot and nutritious food to the stage employees. In addition to the paid meal break of one half (112) hour and the provision of food as described above, the Centre shall also pay a penalty of one hour at the applicable straight time hourly rate. When there is a paid or unpaid meal break between the hours of 12 midnight and 8:00a.m., the Centre will supply, at their own expense, adequate, hot and nutritious food for the stage employees Subject to the foregoing, no stage employee shall be required to work more than five (5) hours without a meal break of one half (1/2) hour's duration Except in the case of extreme emergency, a break of a minimum of nine (9) hours shall be given to the stage employees after the conclusion of a day's work, with the exception of performance or dress rehearsal calls, and before work is resumed the next day. Between performances or dress rehearsal calls on the work call on the next day, the minimum time off shall be not less than eight (8) hours Stage employees shall be supplied with food and beverage at the Centre's expense when performances are played with less than one (1) hour between the end of one performance and the call to set up the next performance There shall be a fifteen (15) minute paid break within any working period of more than two (2) hours, except when the working period is five (5) hours, in which case the break shall be twenty (20) minutes. PAGEIO

11 ARTICLE 11- WORKERS' COMPENSATION 11.1 The Centre further agrees to place all stage employees supplied by the Union under 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 In the event that the Centre or any portion thereof is rented or leased to any third party by whom any member of the Union is then employed in the premises of the Centre or any portion thereof, the Centre shall first, before any work by any such stage employee so employed is done, satisfy the business agent of the Union that every such stage employee 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 stage employee shall be obliged to work for any such tenant or lessee unless and until the business agent of the Union is so satisfied. ARTICLE 12- COMPUTATION OF TIME 12.1 Time shall be computed to the next whole hour for pay purposes There shall be no pyramiding of compensation except as may be specifically noted herein. ARTICLE 13 -MINIMUM CREW 13.1 a) The House crew for the Centre shall consist of the following positions: 1. Head Carpenter u. Head Electrician 111. Property Master 1v. Chief Sound Technician (part ofelectrics Department) The persons working in these positions above may be chosen by the Centre provided they are members in good standing of the Union and shall commit to perform their said positions throughout each Season. v. Assistant Carpenter v1. Flyman (part of Carpentry Department) vn. Assistant Electrician vm. Assistant Sound Technician (part ofelectrics Department) 1x. Assistant Electrician: Chief AV Technician (part ofelectrics Department and can be assigned to any work in the electric's department and elsewhere as permitted in the CBA) The persons working in these positions shall be chosen by the Union, based on a job description provided by the Centre, and shall commit to perform their said positions throughout each Season. PAGE 11

12 b) Heads and Assistants shall work departmentally except they shall work interdepartmentally in the lobbies (as they do now) and for Pit Seat and other miscellaneous work and for Other Events. In addition, Assistants shall continue to work interdepartmentally on Concert Performances. c) the calling of two (2) Heads shall not require the calling of a third STAGE PRESENTATIONS. The minimum crew for all Stage Presentations (other than Other Events) shall consist of the following: a) Head Carpenter; b) Head Electrician; c) ChiefSound Technician; d) Property Master. For the purposes of this Agreement, a "Stage Presentation" shall mean the performance of a spectacle, musical theatre, dramatic or dance work OTHER EVENTS. For purposes of this Agreement, the term "Other Events" shall mean the following whether taking place on the stage or elsewhere at the Centre: meetings, lectures, religious services, weddings, bar and bat mitzvahs, work light rehearsals, birthdays and parties or receptions of all kinds or for all other purposes, whether or not containing entertainment but when the entertainment is only in support of the main purpose of the event. When the Centre is used for Other Events, the minimum crew shall consist of the Head Electrician. Work on such events shall be paid for at hourly rates. Performance rates shall not apply MOTION PICTURES. It is further agreed that in the presentation of motion pictures at the Centre, the minimum crew shall consist of the following: a) Head Carpenter b) Head Electrician c) Property Master d) ChiefSound Technician, ifnecessary. Performance rates shall apply MODIFIED FOREST AGE PRESENTATIONS. For presentations on the modified forestage, being the pit and that part of the stage in front of the main curtain or immediately upstage of the bridge, but not upstage of line set 10, the minimum crew will be: a) Head Carpenter b) Head Electrician c) Property Master PAGE 12

13 d) ChiefSound Technician, if necessary. For purposes of clarity, a call for a Modified Forestage Presentation may, at the discretion of the Centre, include the installation or removal of pit seats CONCERTS. A Concert may include such items as musical performances, comedy performances, solo performances or any event that generally falls within these guidelines. Should there be any question as to whether an event is a Concert event, the Centre and the Union agree to meet to resolve this question. The minimum crew for a Concert shall be: a) Head Carpenter b) Head Electrician c) Property Master d) ChiefSound Technician, if necessary. Except where the Concert is a "Yell ow Card" show, stage employees who are not regular employees (house crew) may be required to assist each other without regard to department. Assistants may be required to work on the stage without regard to department during performances BREAKING THE CREW. a) If certain stage employees on any take in call are not required to perform any work, the Centre may at any time break and reduce the number of such stage employees (subject to the minimum call requirements) at the time of the focus of the conventional lighting equipment, or sooner, after consulting with the respective Head(s). b) For Other Events, after consulting with the respective Head(s), the Centre may determine the manner in which the crew can be broken and reduced by the Centre at any time (regardless of what work has been completed to that point in time), and to any number (subject to the minimum call requirements), but in no event can the minimum crew be reduced to less than one ( 1) who shall stay until the end of the event The Head of Department shall be the first person called in each department for any purpose unless mutually agreed upon by the Union and the Centre Whenever anything is flown during a TAKE IN or TAKE OUT, the Flyman shall be employed, on the flyfloor, as well and the Head Carpenter. PAGE13

14 ARTICLE 14 -LEAVES OF ABSENCE The leave of absence benefits will only apply to the regular house crew and not to a member who is temporarily substituting for one of the regular house crew. The regular house crew consists of those positions as detailed in Article 13.1 of this Agreement BEREAVEMENT LEAVE. A member of the house crew may be absent from work with normal pay from the date of bereavement through until the day after burial of a member of his/her immediate family (immediate family is defined for this clause to include your spouse or partner, father, mother, son, daughter, brother, sister, mother-in-law, father-in-law, grandparent or grandchild). Should the employee be unable to attend the funeral of his/her immediate family as defined above because of the distance to be traveled, such employee shall be granted three (3) days of absence with normal pay for the purpose of mourning the death. "Normal pay" for the purposes of this Agreement shall be deemed to be eight (8) hours at the applicable straight time hourly rate JURY DUTY. A member of the house crew who is required to serve as a juror shall receive an amount from the Centre equal to the difference between the weekly minimum salary and any remuneration received from the Crown for jury duty WITNESS IN A COURT PROCEEDING. A member of the house crew who is subpoenaed as a witness in any court action or legal proceeding resulting from duties while in the employ of the Centre will receive an amount from the Centre equal to the difference between the weekly minimum salary and any remuneration received from the Crown for witness duty A house head or assistant may request a leave of absence. Ifthis leave is granted, all guarantee hours and weeks/half weeks will be fulfilled by another member supplied by the Union as if they were the head or assistant. All time worked by the replacement will count towards guarantee requirements. This replacement will be consistent for the duration ofthe leave unless agreed upon by the Union and the Centre. Leaves of absence cannot extend past four (4) weeks unless mutually agreed upon. ARTICLE 15 - BENEFITS 15.1 The Centre agrees to participate in the Retirement Savings Plan of the Union, known as the "Retirement Savings Plan oflocal58, I.A.T.S.E.", for the term of this Agreement The Centre shall deduct from those individuals participating in the Retirement Savings Plan an amount equal to five percent (5%) of each individual's gross earnings for Retirement Savings purposes The Centre shall contribute an amount equal to seven percent (7%) of each individual's PAGE14

15 gross earnings for Retirement Savings purposes. The seven percent (7%) of gross earnings required in this clause as an employer contribution for those members aged sixty-nine (69) and over shall be paid out a taxable employee benefit to the "Retirement Savings/Sick Benefit Funds of Local 58 I.A.T.S.E." and sent to the Trustee of these funds as designated by the Union The Centre shall make the following payments to or on behalf of employees who choose to collect their OMERS pension at age sixty-five (65) but continue to work beyond age sixtyfive (65): The amount representing the applicable OMERS contribution shall be directed into the "Retirement Savings Plan of Local 58 I.A.T.S.E." commencing the month after the employee turns age sixty-five (65) and ceasing the earlier of the month in which the employee retires or reaches age sixty-nine (69) These deductions, together with the contributions, shall be remitted monthly by cheque payable to the "Retirement Savings/Sick Benefit Funds oflocal58, I.A.T.S.E." and sent to the Trustee of these funds as designated by the Union The remittance shall be accompanied by a statement in duplicate, showing the names of all those individuals for whom deductions and contributions have been made and the respective amount in each case. The Centre shall provide this statement on a monthly basis The statement accompanying the remittance, as outlined in the Article 15.6, shall be Form 4 as supplied by the Union In addition to the foregoing, the Centre shall pay the employer's portion of the Canada Pension Plan The Centre shall contribute a further amount equal to seven percent (7%) from 1st April, 2016 to March 31, 2018 and an amount equal to seven and one quarter percent (7.25%) from the 1st April, 2018 to March 31, 2019 of the gross earnings of each individual supplied by the Union to the Centre, for the purpose of a Health and Welfare Benefit Trust for members of Local 58. I.A.T.S.E. This contribution shall be remitted monthly by cheque, payable to the Health and Welfare Benefit Trust oflocal58, I.A.T.S.E. and sent to the Trustee as designated by the Union The Centre shall contribute a further amount equal to one percent ( 1%) of the gross earnings of each individual supplied by the Union to the Centre for the purpose of a Dental Plan for members oflocal58, I.A.T.S.E. This contribution shall be remitted monthly by cheque, payable to the Dental Plan Account of Local 58, I.A.T.S.E. and sent to the Trustee as designated by the Union The Centre shall contribute a further amount equal to two percent (2%) of the gross earnings of each individual supplied by the Union to the Centre for the purpose of a Charitable Benefit Plan for the members of Local 58, I.A.T.S.E. This contribution shall be remitted PAGElS

16 monthly by cheque, payable to the Benefit Fund account of Local 58, I.A.T.S.E. and sent to the Trustee designated by the Union The Centre shall contribute a further amount equal to one percent ( 1%) beginning April 1, 2006, of the gross earnings of each individual supplied by the Union to the Centre, for the purpose of the Education Fund for members oflocal58.1.a.t.s.e. This contribution shall be remitted monthly by cheque, payable to the Education Fund of Local 58, I.A.T.S.E. and sent to the Trustee as designated by the Union The Centre shall contribute as a tool, work clothing and cell phone allowance to each Head of Department including the Chief Sound Technician and each Assistant a further amount equal to Three Thousand Dollars ($3,000) covering the period from the beginning of one Season to the beginning of the next Season. Such payments shall be made on December 31, April 30 and August 31. ARTICLE 16 -JURISDICTION 16.1 CONSTRUCTION AND MAINTENANCE. All construction, alteration, installation and maintenance, of stage equipment including scenery, drapes, picture sheets and electrical apparatus and including as well the loading and unloading of trucks carrying any such stage equipment shall be performed by members of the Union and shall be governed by the rates of remuneration as set out herein. The maintenance of all Auditorium, Dressing Rooms and Rehearsal Hall lighting and maintenance of the Auditorium seating shall also be performed by members of the Union ORCHESTRA STANDS. All work pertaining to setting of orchestra stands and chairs for rehearsals and performances in the Centre shall be performed exclusively by members of Local REHEARSAL HALL. When the rehearsal hall, is being used for purposes which normally fall within the jurisdiction of the Union and work is required which is within the competence of Union members, then the work shall be performed by Union members. When work in the rehearsal hall is not connected to a Stage Presentation, work in the rehearsal hall may occur in the same manner as work in a Meeting Room as detailed in Clause The permanently installed sound system in the rehearsal hall may be used by the rehearsal hall end users provided only a single personal listing device or CD player is used LOBBIES, REHEARSAL HALL AND MEETING ROOMS. Although the Union has jurisdiction over the use of theatrical equipment in the lobbies, rehearsal hall and meeting rooms, the following types of activities shall not require the use of union stage employees: a) the operation of CD players and personal listening devices attached to the permanently installed systems providing sound to the lobbies, meeting rooms, and rehearsal hall and the exterior of the Centre; PAGE16

17 b) the operation of the Centre's television monitors and related sound; c) the taking of photos or the making of video recordings with a self-contained recording unit or with light that the photographer or videographer plugs in the wall outlet without assistance; and d) the set up and use of consumer grade projectors, screens and/or the Centre's TV monitors. Theatrical equipment will include: 1. traditional theatrical lighting, sound and video equipment normally falling under the Union's competence, except where excluded elsewhere in this contract; 11. all show and event decor elements except where detailed below; 111. event carpet except where detailed below; IV. any other installation connected to a show or event except where detailed below; v. the loading and unloading of any equipment described above. Theatrical equipment will not include: 1. any practical furniture and any decor elements placed upon said furniture except when placed upon platforms or risers creating a stage; 11. any signage or banner assembled by one end user or any non-show or event related signage or banner that attaches to any Sony Centre ceiling, wall, fixture or element; 111. Sony Centre owned event carpet; IV. flowers and other organic displays/decor, gambling equipment, exercise and athletic equipment, merchandising elements and anything related to food, beverage or catering; v. any other non-theatrical elements brought into the Centre for a show or event supporting customer service or providing of information to Centre's guests where said elements are able to be set up by a single person; v1. the loading and unloading of any equipment described above T.V., VIDEO RECORDING AND MOTION PICTURE MAKING- STAGE PRESENTATIONS. If a segment, portion, or an entire Stage Presentation, is recorded in any manner, except where otherwise detailed, a fee shall be paid to each stage employee called on crew for the particular stage presentation of fifty percent (50%) of all monies earned by each stage employee during that show called. Any work which may be required to be performed by stage employees before or after the stage presentation specifically for the work filming or video recording shall be paid the "Film/TV" rate. The fifty percent (50%) fee shall also be paid to the Chief Sound Technician where an audio only recording is made of a stage presentation T.V.. VIDEO RECORDING AND MOTION PICTURE MAKING. When the Centre, grounds or any portion thereof is used for television, motion picture making, video recording, commercial internet transmissions or the recording by any mechanical or electronic means whatsoever of visual images, except where otherwise detailed in this PAGEI7

18 contract, all regular and additional equipment required which is normally within the competence of the Union, shall be handled by employees supplied by the Union, at the rate, and under the terms and conditions, established in this contract unless otherwise detailed. Subject to the preceding, Union stage employees shall not be required for Camera Crews, including without limitation the Camera Operator, Sound Recordist and, the Focus Puller, Dolly Operators, Crane Operators, Jib Operators (including jib construction), Camera Robotics Operators and the assistants. The following is understood with regards to camera crews: 1. When video images are captured under the provision of this clause by non Union personnel, said images may be displayed as part of the live presentation. 11. When video images are captured for the exclusive use in the live presentation, it will be done so by Union stage employees INTERNET TRANSMISSIONS (WEBCASTS). The following internet transmissions will not result in additional labour premiums (TV/film rate): a) Convocation ceremonies for educational institutions where viewing of the ceremony is free and no part of the ceremony is sold in any format. b) Inter-company video conferences and webcasts where the end viewing audience are employees or stakeholders of the company hosting the video conference/webcast 16.8 Provided the Centre has given the Union reasonable notice, additional Stage Employees and video/film rates shall not be required for: a) All publicity, daily print, marketing, current events, social media, or news coverage for all shows and events occurring within the Centre, grounds or portion thereof where recordings are done with a self-contained unit and the final product as presented for the viewing by the public does not contain more than five ( 5) minutes of total capture footage except where allowed for elsewhere in this contract. b) The Centre's corporate communication purposes and promotional material related to the Centre's promotion, development or future plans. c) Archival recordings occurring: 1. with a single camera operated by an IATSE stagehand or, 11. with a single camera operated by an IATSE stagehand and a fix non-operated camera or, 111. up to two (2) non-operated cameras. All camera may receive a feed from the sound console without additional premiums or costs. PAGE 18

19 16.9 Still photographers representing catalogue distributors, magazines and/or commercial book publishers and using the Centre or any part thereof, excluding the stage, shall be required to use stage employees as supplied by the Union, for purposes of moving and setting up scenery, properties, furniture, drapes and/or lighting equipment which may be required in addition to existing equipment. Stage employees called for such work shall be remunerated at the prevailing hourly rates with a minimum call PHOTO CALLS. Photo calls that can occur within the three and one half(3 Y:!) hour performance call period (regardless of when the curtain comes down) do not require additional payment provided they end within the post show continuity hour. If the photo call occurs after the three and one half (3 Y:!) hour performance call, the minimum call shall be one ( 1) hour with the number of stage employees required depending on the work involved RENTALS. When the Centre sublets, leases or loans its premises or parts thereof to third parties, it 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 AUTOMATED FLY SYSTEM. The automated fly system shall be operated solely by a stage employee from the Carpentry Department, except for the operation of the House Curtain, which is may be done by the Electrics Department and any equipment suspended from chain motors which may be operated by a member of the department who's equipment is supported from the chain motors. ARTICLE17-GENERAL 17.1 REGULATIONS. It is agreed that the Centre shall have the right to make such rules and regulations as may be deemed necessary for the conduct and management of the Centre, provided that they are not inconsistent with the terms of this Agreement, and the Union further agrees that its members shall obey all directives given by authorized representatives of the Centre provided that they are not inconsistent with the terms of this Agreement INCOMPETENCE. The Centre may refuse to employ and may demand replacement for any stage employee reporting for work in an intoxicated condition. No stage employee shall be disciplined or discharged for other than just cause TERMINATION OF EMPLOYMENT. When the Centre desires to terminate the services of a member of the Union who is employed on a weekly salary, the Centre will give such member two (2) weeks' notice or pay one (1) week's salary in lieu thereof. This clause shall not apply to an employee discharged for reasonable cause, including but not limited to, dishonesty and/or intoxication (drugs or liquor), in which case no notice shall be necessary NOTICE OF TERMINATION. The Union agrees that such of its members as are employed by the week shall give the Centre two (2) weeks' notice should they desire to PAGE19

20 leave the employment of the Centre, except where the reason for such desire is the nonpayment of salaries due, which reason shall be sufficient cause for the immediate severance of relations UNION'S OBLIGATION. The Union is a member of the International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada and the Centre shall therefore not require the Union or its members to do any act or omit to do any act or accept any obligations which is inconsistent with the duties or 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 or Federal Law BUSINESS AGENT. The Business Agent of the Union, or Union Representative, is to be admitted into the premises of the Centre at all reasonable times in order to properly supervise and inspect the working conditions of Union members SPOTTING OF LINES. The Centre shall not require any spotting of lines be done during the take-in of a production while work is underway beneath the grid HARASSMENT. All stage employees are protected by and fall under the Sony Centre's Workplace Violence and Human Rights and Anti-Harassment Policies. ARTICLE 18- CREDITS 18.1 The Centre shall give credits in the Program to each Head of Department and Assistant. ARTICLE 19- EFFECTIVE DATE AND TERM OF AGREEMENT 19.1 All provisions of this Agreement shall come into force on 1st April 2016 and remain in force for a period of three (3) years until 31st March ARTICLE 20 - SCHEDULES 20.1 It is agreed between the Centre and the Union that all Letters ofunderstanding annexed hereto are an integral part of this Agreement. ARTICLE 21- NOTICE OF RENEGOTIATION 21.1 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 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 permitted by law. PAGE 20

21 ARTICLE 22- RE-NEGOTIATION PROCEDURE 22.1 Upon receipt of notice from either party of a desire to negotiate a new Agreement, as provided in Article 21 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 23.1 If neither party gives notice of a desire to negotiate a new Agreement in accordance with Article 21, this Agreement shall be automatically renewed for a further period of one ( 1) year and from year to year thereafter. ARTICLE 24 - ARBITRATION 24.1 The Union and the Sony Centre recognize that the grievance procedure is among the most important matters in the successful administration of this Collective Agreement Any dispute or difference between the Centre and a stage employee or official of the Union with respect to this contract, shall first be referred, in writing to the Senior Production Manager of the Sony Centre and the Representative of the Union for discussions and settlement. Both parties will endeavor to settle the dispute within ten (1 0) days from the time the circumstances upon which the difference is based were known or should have been known. If the Sony Centre representative and the Union representative are unable to settle the dispute to their mutual satisfaction, then either party may institute an arbitration proceeding No grievance shall be referred to arbitration unless it was submitted to the appropriate representative within twenty {20) days from the time the circumstance upon which the difference is based is known or should have been known. The written grievance shall set out the facts giving rise to the grievance and the remedy sought The parties shall agree on a sole arbitrator within thirty (30) days of the grievance being filed. If an agreement on the appointment of an arbitrator cannot be reached, either party can request an appointment by the Ministry of Labour in accordance with the Ontario Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A. ARTICLE 25- NO STRIKE NO LOCKOUT 25.1 The Union and stage employees agree not to cause or engage in or take part in any strike or picketing or work slow down against the Centre during the term of this Agreement, nor shall the Centre cause, engage in or permit a lockout at the Centre during the term of this Agreement The word "strike" and the word "lockout" as used in this Article shall have the same meaning given to those words in the Ontario Labour Relations Act, PAGE 21

22 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representatives this~ay offebruary, 2017 at the City oftoronto, in the Province of Ontario. THE BOARD OF DIRECTORS OF THE HUMMINGBIRD CENTRE FOR THE PERFORMING ARTS d/b/a The Sony Centre For The Performing Arts THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES, ITS TERRITORIES AND ~ CANADA LOCAL #58 r-~ ~ -----f-...::...;_..:.== ~Justin Antheunis ~ PAGE 22

23 APPENDIX "A" LETTER OF UNDERSTANDING BETWEEN: THE BOARD OF DIRECTORS OF THE HUMMINGBIRD CENTRE FOR THE PERFORMING ARTS D/B/A THE SONY CENTRE FOR THE PERFORMING ARTS -and- (hereinafter referred to as the "Centre") THE INTERNATIONAL ALLIANCE OF THE THEATRICAL STAGE EMPLOYEES AND MOVING PICTURE MACHINE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES, ITS TERRITORIES AND CANADA, LOCAL 58 (hereinafter referred to as the "Union") RE: NON WORKING STATUTORY HOLIDAY PAY This letter of understanding arises out of the following understanding and agreement of the parties: For the house crew, eight (8) hours at the straight time hourly rate will be paid for all nonworking statutory holidays. For "all other" stage employees, the Steward and the Manager, Production Services shall, by mutual agreement no later than seven days prior to the statutory holiday, designate the qualifying day in the week immediately preceding and the qualifying day in the week immediately following the holiday. To qualify for non-working statutory holiday pay an employee must work, unless they fail to do so with reasonable cause, the call on the designated day immediately before and immediately following the holiday. In the event that there are no calls in the week immediately following the non-working statutory holiday then a qualifying day during the following week shall be chosen. PAGE 23

24 If there are no calls within two (2) weeks following the statutory holiday then no nonworking statutory holiday pay shall paid for the statutory holiday. The amount of non-working statutory holiday pay will be calculated by multiplying the number of hours worked during the four ( 4) weeks preceding the week in which the public holiday falls multiplied by the employee's straight time hourly rate plus vacation pay earned on the wages in the four (4) weeks preceding the week in which the public holiday falls divided by twenty (20). Once the Payroll and Benefits Administrator has been given the qualifying days before and after the holiday, the Payroll and Benefits Administrator shall be responsible for recording the hours worked, calculating the non-working statutory holiday pay and maintaining a record of employees entitled to non-working statutory holiday pay and will provide each department head with the names and amount of non-working holiday pay for the qualifying employees. Signed at Toronto, Ontario, this ~ d~ '2017. THE BOARD OF DIRECTORS OF THE HUMMINGBIRD CENTRE FOR THE PERFORMING ARTS d/b/a The Sony Centre For The Performing Arts THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES, ITS TERRITORIES ~ADA LOCAL#58 Mark Hammond /~eunis resident PAGE 24

25 APPENDIX "B" LETTER OF UNDERSTANDING BETWEEN: THE BOARD OF DIRECTORS OF THE HUMMINGBIRD CENTRE FOR THE PERFORMING ARTS D/B/A/ THE SONY CENTRE FOR THE PERFORMING ARTS -and- (hereinafter referred to as the "Centre") THE INTERNATIONAL ALLIANCE OF THE THEATRICAL STAGE EMPLOYEES AND MOVING PICTURE MACHINE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES, ITS TERRITORIES AND CANADA, LOCAL 58 RE: OMERS (hereinafter referred to as the "Union") WHEREAS certain employees deemed to be Other Than Continuous Full Time ("OTCFT") who have met the criteria for qualification as defined by the Ontario Municipal Employees Retirement System Act Regulations and are covered by the collective agreement between the parties are entitled to join the Ontario Municipal Employees Retirement System ("OMERS") at their option. WHEREAS certain OTCFT employees who have met the criteria for qualification as defined by the Ontario Municipal Employees Retirement System Act Regulations and are covered by the collective agreement between the parties have elected to join OMERS are hereby defined as Qualified Employees. AND WHEREAS it is the Union's position that the Centre's contributions under the Union RSP, as set out in articles 15.1 to 15.4 ofthe collective agreement, was bargained by the Union for the exclusive benefit of the members as deferred wages. AND WHEREAS the parties wish to render inoperative the provisions of Articles 15.1 to 15.4 of the collective agreement in respect of such Qualified Employees who choose to join OMERS. PAGE 25

26 NOW THEREFORE the parties agree as follows: 1. For the purpose ofthis Agreement the following terms shall have the following meanings: a) Annual Gross Wages shall mean hourly wages paid including vacation pay paid in lieu to an employee during a calendar year. b) YMPE shall mean Year's Maximum Pensionable Earning as this term is defined in the Canada Pension Plan as used in the O.ME.R.S Act and Regulations. c) Pensionable Gross Wages shall mean earnings on which contributions to O.M.E.R.S. are calculated as defined in the O.ME.R.S Act and Regulations. d) Deferred Wages Contribution shall mean the difference between seven percent (7%) of the Qualified Employee's Annual Gross Wages and the Employer's contribution on Pensionable Gross Wages of the Qualified Employee. 2. While and to the extent the Centre is a participating employer in OMERS, Articles 15.1 to 15.4 of the collective agreement shall not be operative in respect of a Qualified Employee. In the case of such Qualified Employee, the terms of this Letter of Understanding shall operate in lieu of Articles 15.1 to For purposes of this Agreement, a Qualified Employee's full year of credited service shall be based on a maximum of Two Thousand and Eighty (2,080) hours. 4. In the case of a Qualified Employee age sixty-nine (69) or less who chooses to join OMERS the following shall apply: a) The Centre shall make contributions to OMERS relating to the Qualified Employee as and when required by OMERS. b) The Qualified Employee shall make contributions to OMERS as and when required by OMERS. c) The Centre shall pay annually no later than March 31st in the subsequent year to such Qualified Employees an amount equal to the Deferred Wages Contribution calculated in accordance with the provisions of this Letter of Understanding. d) If the Deferred Wages Contribution is a negative amount, that is, the Employer's contribution on Pensionable Gross Wages is greater than seven percent (7%) of the Annual Gross Wages, the payment to the Qualified Employee shall be deemed to be zero (0). PAGE 26

27 e) The Centre and the Qualified Employee shall have no obligation to make payments to OMERS and RSP referred to in Article 15 of the collective agreement other than those required by this Letter of Understanding. 5. In the event that OMERS provides a contribution holiday, it is the intention that both parties shall benefit from the contribution holiday. Signed this.2:6 day,o&~, 2017 at Toronto, Ontario. THE BOARD OF DIRECTORS OF THE HUMMINGBIRD CENTRE FOR THE PERFORMING ARTS d/b/a The Sony Centre For The Performing Arts Mark Hammond Director of Programming THE INTERNATIONAL ALLIANCE OFTHEATIDCALSTAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES, ITS TERruTOIDES AND CANADA LOCAL #58 ~ Antheunis resident Witness PAGE 27

28 LETIER OF UNDERSTANDING BETWEEN The Board of Directors of the Hummingbird Centre for the Performing Arts D/8/ A The Sony Centre for the Performing Arts (hereinafter referred to as the "Centre") -and- The International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, Its Territories and Canada, Local 58 (hereinafter referred to as the "Union") RE: The Centre's Education and Engagement Activities It is collectively agreed the Education and Engagement activities of the Centre provide a unique opportunity for the Centre to promote itself, engage current and future audiences, extend goodwill to the community and encourage future generations of theatre professionals. Within the spirit of this understanding the Union and Centre agree to special considerations notwithstanding the existing Collective Agreement. These considerations will only apply to the Centre's Education and Engagement activities currently undertaken which include: Community Programs DayCamps School Programs "Sony (Co-)Presents" pre/post-show educational chats Should the Centre embark on any new initiatives other than those outlined above, the Union and the Centre will need to mutually agree if the new initiative(s) will benefit from special consideration. The special consideration given to the Centre's Education and Engagement activities occurring in all areas, except in the theatre proper, will include: o o o Tables, chairs, ballet bars and other furniture may be set up by the Centre's maintenance department or the Centre's Education and Engagement staff. Props, apparatuses and other theatrical equipment except lighting, audio and video equipment, unless allowed for elsewhere in the Collective Agreement, may be used without restriction provided such elements are handled exclusively by Education and Engagement staff, session participants and/or workshop/session leaders/instructors. Still and video images may be captured, without restriction, by Education and Engagement staff, their agents or session/workshop participants for the purposes of promotion of the Centre, its Education and Engagement activities or connected to educational instruction.