TORONTO CENTRE FOR THE ARTS. North York Performing Arts Centre Corporation

Transcription

1 Collective Agreement Between: North York Performing Arts Centre Corporation ( NYPACC ) - and - The International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artist, and Allied Crafts of the United States, its Territories and Canada Local #58, Toronto (THE UNION ) TORONTO CENTRE FOR THE ARTS

2 1 Table of Contents Article I.Purpose -2 Article2 Recognition 2 Article3 Union Security 2 Article 4 General Conditions 3 Article 5 Management Rights 4 Article 6 Strike and Lockout 4 Article 7 Minimum Calls & Performance Calls 5 Article 8 Hours of Work 5 Article9 Ratesof Pay 7 Article 10 Minimum Crews & Departments 8 Articlell Termination 9 Article 12 Day Off (the Dark Day ) and Statutory Holidays 9 Article 13 Benefits 10 Articlel4 OMERS Li Article 15 Meal Breaks 12 Article 16 Health and Safety 12 Article 18 Grievance Procedure 13 Article 19 Arbitration Procedure 14 Article 20 Effective Date and Duration 14 Letter of Understanding - The Recital Hall & the Studio Theatre 15 Letter of Understanding - The Main Stage 17

3 2 Article I Purpose 1.01 The general purpose of the Agreement between NYPACC and the Union is to establish and maintain: a) Orderly collective bargaining relations; b) A procedure for the prompt and effective handling of grievances; c) Satisfactory working conditions, hours, and wages for a)! stage employees who are subject to the provisions of this Agreement. Article 2 Recognition 2.01 NYPACC hereby recognizes the Union as the collective bargaining agent for all its stage employees at the Toronto Centre for the Arts in the City of Toronto, save and except Production Manager and persons above the rank of Production Manager, in respect of wages, hours of work, and all other working conditions for theatrical productions and concerts and their operating systems. Article 3 Union Security 3.01 When NYPACC requires stage employees, it will only employ stage employees supplied by the Union, unless the Union is unable to supply the stage employees as required having been giving at least twelve (12) hours notice of such request by NYPACC The Union agrees to supply competent stage employees and NYPACC agrees that as a condition of continuing employment, all stage employees shall maintain in good standing, their membership in the Union It is agreed that where Department Heads or Head Technicians are required, NYPACC has the right to select the person from the membership of the Union. Once selected by NYPACC, a Department Head or Head Technician shall, subject to the terms and conditions of this Agreement, remain and continue as a Department Head or Head Technician of NYPACC The Union agrees to supply the same crew for performances as for rehearsals and that substitutions will only be made in cases of illness, injury, or approved vacations. Stage employees shall submit vacation requests to NYPACC in writing at least fourteen (14) days in advance of the requested vacation. Vacation requests will be approved by NYPACC, subject to its operational needs, which approval will not be unreasonable denied NYPACC has the right to break the crew in whole or in part at any time and replace any stage employees and the Union shall supply NYPACC with competent stage employees as required. Crew scheduling shall be the responsibility of the Production Manager, in consultation with the Shop Steward, and shall not be carried out contrary to the terms of this Agreement.

4 Should NYPACC wish or find it necessary to cancel a scheduled call, twenty-four (24) hours notice of such cancellations shall be given to the Business Agent or designated representatives of the Union. Failing the giving of such notice in accordance with this provision, stage employees called shall be paid the four (4) hour minimum call NYPACC has the right to require stage employees to perform work outside of the Main Stage, the Recital Hall and the Studio Theatre, where the Union has no jurisdiction under this Agreement, but the exercise of this right by NYPACC shall not extend the Union s jurisdiction under this Agreement. Without limiting the forgoing this includes the following: a) When a performance requiring theatrical equipment occurs in the Lobby, the Piano Lounge or the Gallery that is related to a theatrical performance or concert that is occurring in the Studio Theatre, Recital Hall or on the Main Stage on the same day, NYPACC shall employ stage employees engaged to work on the theatrical performance or concert to operate theatrical equipment for the performance in the Lobby, the Piano Lounge or the Gallery and those stage employees will be paid the same straight time hourly rate they are being paid for the theatrical performance or concert; and b) When a performance requiring theatrical equipment occurs in the Lobby, the Piano Lounge or the Gallery when there is no related theatrical performance or concert that is occurring in the Studio Theatre, Recital Hall or on the Main Stage on the same day, NYPACC shall employ stage employees to operate theatrical equipment for the performance in the Lobby, the Piano Lounge or the Gallery and those stage employees will be paid the Studio Rate for that work. Article 4 General Conditions 4.01 NYPACC may require that stage employees work on loading and unloading trucks The Business Agent of the Union, and/or Union Representative shall be admitted into the premise of the NYPACC The Union 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 and, therefore, NYPACC shall not require the Union or its members to do any act or omit to do any act or accepted any obligation which is inconsistent with the duties and obligations which are imposed upon the Union or its members by the Constitution and By-laws of the International provided that the foregoing shall in no event be construed or applied so as to contravene any applicable Provincial, Municipal or Federal Law or the terms of this Agreement. The Union acknowledges that no clause within this Agreement is in violation of the Constitution and By-Laws The stage employees agree, under the Employment Standards Act, 2000, to work overtime when required by NYPACC Unless otherwise notified stage employees are required to perform work in front of an audience in dark clothing ( Blacks ) and stage employees shall comply without

5 4 additional cost to NYPACC. Where the production notes indicate that stage employees are required to wear a suit or a jacket and tie ( Dress Blacks ), stage employees shall comply without additional cost to NYPACC Where the production notes indicate that a stage employee is required to wear a costume during a performance or a rehearsal, the stage employee shall comply and be paid one (1) hour s wages at the straight time hourly rate for each performance or rehearsal during which the costume is worn as required. Blacks or Dress Blacks shall not be considered a costume. Article 5 Management Rights 5.01 IATSE Local 58 and the Stage Employees recognize and acknowledge that it is the exclusive function of NYPACC 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 of NYPACC and without restricting the generality of the foregoing to select, install, and require the operation of any equipment, plant, and machinery which NYPACC in its uncontrolled discretion deems necessary for the efficient and economical carrying out of the operations and undertakings of NYPACC. d) NYPACC has the right to schedule calls, determine the classifications required and assign duties to stage employees in accordance with its operational needs and stage employees shall perform the duties assigned to them by NYPACC. NYPACC agrees that it will not exercise the foregoing functions in a manner inconsistent with the provisions of this Agreement. Article 6 Strike and Lockout 6.01 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 NYPACC during the term of this Agreement, nor shall NYPACC cause, engage in or permit a lockout at the Toronto Centre for the Arts 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, 1995.

6 5 Article 7 Minimum Calls & Performance Calls 7.01 The commencement time for calls can be staggered in accordance with NYPACC s operational needs. The commencement time for a stage employee s call is specific to each stage employee and shall continue until NYPACC no longer requires that stage employee s services or until the stage employee has had an unpaid break in excess of three (3) hours. Four (4) hours shall constitute the minimum call Stage employees shall be paid for all performances at the performance rate. A performance shall be deemed to be a working period of three and one-half (3 1/2) hours, beginning one half (1/2) hour before the commencement of the performance and ending at the time of the final curtain Final Curtain is defined as that time when the curtain is lowered for the last time or, when the curtain is not used, when the play out music is complete and the final lighting cue is executed The performance call may be extended for a maximum of one (1) hour before and one (1) hour after the performance for any reason related to the performance. All extensions to the performance call shall be paid at the applicable hourly rate A performance for which the performance call is applicable is limited to the public presentation of a theatrical stage production, the public presentation of a concert, or a dress rehearsal for a theatrical stage production, but does not include lectures, meetings, seminars, trade presentations, motion picture, public video, or slide presentations or any other event that is not expressly designated as a performance by NYPACC A dress rehearsal shall only be considered a performance if all elements necessary to the public presentation of the 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, provided that a rehearsal of an orchestra shall not be considered a dress rehearsal. Article 8 Hours of Work 8.01 Time shall be computed to the next full hour for pay purposes. It is agreed that there shall be no pyramiding of premium compensation or duplication of wages for hours worked excluding time worked on performance calls where the performance ends before expiry of the working period For the purposes of pay computation, a regular workweek shall extend from 12:01 a.m. Monday and end at 12:00 midnight the following Sunday. Wages shall be paid to stage employees each week on Thursday if by cheque, or Friday if by cash, following the week in which the work was performed.

7 Time worked by a stage employee between the hours of 8:00 a.m. and 12:00 midnight, other than on performances, shall be paid at the straight time hourly rate, except as otherwise specified in this Agreement Time worked by a stage employee between the hours of a.m. and 8:00 a.m., other than on performances, shall be paid at two (2) times the straight time hourly rate Time worked on work calls in excess of eight (8) hours in a day, excluding time worked on performances, shall be paid at one and one-half (1 1/2) times the straight time hourly rate Time worked on work calls in excess of twelve (12) hours in a day, excluding time worked on performances, shall be paid at two (2) times the straight time hourly rate Time worked in excess of forty (40) hours in a week at the straight time hourly rate or the performance rate, but excluding any other hours worked for which a premium rate is to be paid, shall be paid at one and one half times the straight time hourly rate Notwithstanding any other provision in this Agreement, when a stage employee, including the Studio Theatre Head Technician, is required to work with respect to the Studio Theatre, the applicable straight time hourly rate shall be the Studio Rate. There is no performance rate applicable to work in the Studio Theatre Where the Employer engages a stage employee as a Sound Board Operator, Lighting Board Operator, Flyman, Video Technician, or Follow-spot Operator, or to perform similar specialized technical skills, that stage employee shall be paid the special operators rate A stage employee is entitled to a minimum eight (8) hour rest period between the conclusion of that stage employee s work on one calendar day and the recall of that stage employee on the following calendar day. Where a stage employee s eight (8) hour rest period is encroached, that stage employee shall be paid two (2) times the straight time hourly rate or performance rate, whichever is applicable, for all hours worked until that stage employee commences a minimum eight (8) hour rest period, unless the stage employee is working on an event taking place in a different location within the Toronto Centre for the Arts than the previous day, in which case the stage employee shall be paid at the straight time hourly rate, or performance rate, whichever is applicable, and no encroachment will have been deemed to have occurred.

8 7 Article 9 Rates of Pay 9.01 Parties agree that stage employees shall be paid for all hours worked at rates not less than the straight time hourly rates set out below except where expressly provided otherwise: Straight Ratification Jan 1, 2013 Jan 1, 2014 March 31, Jan 1, 2015 Jan 1, 2016 Time 2014 Hourly Rates Department $44.31 $45.19 $46.10 $45.19 $45.19 $46.10 Head Rate Assistant $40.16 $40.96 $41.78 $40.96 $40.96 $41.78 Head Rate Special Operator $40.16 $40.96 $41.78 $40.96 $40.96 $41.78 Rate Stagehand $39.92 $40.72 $41.54 $40.72 $40.72 $41.54 Rate Designated $23.50 $23.97 $24.45 $24.45 $24.94 $25.44 Event Rate StudioRate $21.28 $21.70 $22.14 $22.14 $22.58 $ The parties agree that stage employees shall be paid for each performance worked at the performance rate set out below except where expressly provided otherwise: Performance Ratification Jan 1, 2013 Jan 1, 2014 March 31, Jan 1, 2015 Jan 1, 2Ô16 Rates 2014 Department $ $ $ $ $ $ Head Rate Assistant $ $ $ $ $ $ Head Rate Special Operator $ $ $ $ $ $ Rate Stagehand $ $ $ $ $ $ Rate

9 Stage employees will be paid the rate based on the classification for which they have been called Certain events may require the rate of pay in the Studio Theatre to be as per the main stage rate. The Production Manager and the Shop Steward will consult on any events that may need to be considered for this rate All wages shall be subject to applicable statutory deductions including income tax, E.l., and CPP. Article 10 Minimum Crews & Departments The departments on the Main Stage shall be Carpentry, which includes Flys and Rigging; Electrics, which includes Sound, Video, Projections and Pyrotechnics; and Properties, which includes Scenic Painting. There shall be no departments for the Recital Hall or the Studio Theatre. NYPACC and the Union recognize that certain Main Stage events are best serviced by the stage employees working together without regard to departments on stipulated events. Wishing to provide the opportunity for such stipulated events to access the Main Stage, NYPACC and the Union agree that a stipulated event may include such items as graduations, school concerts, comedy performances, solo performances, dinners on stage, orchestras, or any event which: a) is generally simple, basic, and having minimum technical requirements, and b) is reasonably expected to take no more than five (5) hours to set up, and c) is reasonably expected to take no more than one (1) hour to strike. Should there be any question as to whether an event is a stipulated event, NYPACC and the Union agree to meet to resolve this question The minimum crew for the Main Stage when an event is being presented on stage are the Head of Carpentry, Head of Electrics, Head of Properties and the Head Sound Technician for the Main Stage. When an event is being presented in front of line-set sixteen (16), the minimum crew for the Main Stage may, at NYPACC S discretion, be reduced to two (2) stage employees. The minimum crew for the Main Stage when a work light rehearsal is taking place on the Main Stage is one (1) stage employee The minimum crew for the Recital Hall when an event is being presented in the Recital Hall is the Recital Hall Head Technician The minimum crew for the Studio Theatre when an event is being presented in the Studio Theatre is the Studio Theatre Head Technician. In the Studio Theatre, provided the Studio Theatre Head Technician is engaged to assist the organization renting the Studio Theatre, then volunteers of that organization can perform work normally within the Union s jurisdiction with respect to work for the Studio Theatre.

10 9 Article 11 Termination For Department Heads and Head Technicians there shall be a probationary period equivalent to two hundred and forty (240) hours of work or three (3) calendar months, whichever is lesser, during which time the stage employee can be discharged at the sole discretion of NYPACC. Upon the successful completion of their probationary period a Department Head or Head Technician shall only be disciplined or discharged for just cause. Article 12 Day Off (the Dark Day ) and Statutory Holidays NYPACC recognizes that a day off (the Dark Day ) is required during each week. The Dark Day is deemed to commence at 12:01 am. on the Dark Day and to terminate at 8:00 a.m. the day following the Dark Day. The Dark Day for the Main Stage or the Recital Hall shall be either Sunday or Monday. The Dark Day for the Studio Theatre can be any day of the week. The Dark Day for the Main Stage, the Recital Hall and the Studio Theatre need not be the same day of the week. NYPACC shall designate the Dark Day for each location by notice in writing to the Union, and may change the designated Dark Day for each location by giving the Union at least thirty (30) days advance notice in writing of the change in designation Time worked on a Dark Day, in the location for which the Dark Day has been designated, by a stage employee working under this Agreement, shall be paid at two (2) times the straight time hourly rate Each of the following holidays shall be a Statutory Holiday for the purposes of the Agreement: New Year s Day Labour Day Good Friday Thanksgiving Day Victoria Day Christmas Day Canada Day Boxing Day (December 26 Civic Holiday Family Day It is agreed that any regular wages for a Statutory Holiday to which a stage employee may be entitled under the Employment Standards Act, 2000 are included in the stage employee s vacation pay. Notwithstanding this clause and Article the Department Heads of the Main Stage, Recital Hall, and Studio Theatre will each receive eight (8) hours at the straight time rate for all non-working Statutory Holidays Except for Christmas Day and New Year s Day the Statutory Holiday shall be deemed to commence at 12:01 a.m. on the day of the Statutory Holiday and terminate at 8:00 a.m. on the day following the Statutory Holiday. Christmas Day shall be deemed to commence at 4:00pm on the day preceding Christmas Day (Christmas Eve). New Year s Day shall be deemed to commence at 4:00pm on the day preceding New Year s Day (New Year s Eve) and terminate at 8:00am on the day following New Year s Day.

11 12.05 Time worked on a Statutory Holiday, other than on performances, shall be paid at two and one half (2.5) times the straight time hourly rate. Time worked on performances on a Statutory Holiday shall be paid at two and one half (2.5) times the regular performance rate. Time worked on Christmas Day, Boxing Day, New Year s Day and Canada Day, other than on performances, shall be paid at three (3) times the straight time hourly rate. Time worked on performances on Christmas Day, Boxing Day, New Year s Day and Canada Day, shall be paid at three (3) times the regular performance rate. Christmas Day December 25th; Boxing Day December 26th; New Year s Day Januaryist; and Canada Day July 1st shall each be celebrated on the respective day of the week on which they fall each year and work on those days shall be paid in accordance with this provision. Article 13 Benefits NYPACC agrees to pay and remit monthly to the IATSE Local 58 Vacation Pay Trust, for the credit to the account of each individual supplied by the Union, an amount equal to ten percent (10%) of all monies earned by the said individual. Such amount to be deemed vacation pay or substituted vacation pay, which includes statutory holiday pay to which a stage employee may be entitled under the Employment Standards Act, Each stage employee who participates in the IATSE Local 58 registered retirement savings plan, and who does not participate in OMERS under this Agreement, shall contribute five (5%) percent of their gross wages, by payroll deduction, to which NYPACC will make a seven (7%) percent contribution. These combined contributions shall be remitted monthly by cheque to the Retirement Savings Plan of IATSE LOcal 58 and sent to the.trustee of the plan as designated by the Union. The seven (7%) percent of gross earnings required in this clause as an employer contribution for those members aged seventy-two (72) and over shall be paid out as a taxable employee benefit to the Retirement Savings Plan of IATSE Local 58 and sent to the Trustee of these funds as designated by the Union NYPACC shall contribute the following amounts to the IATSE Local 58 Health and Welfare Trust, which contributions shall be remitted monthly by cheque payable to the IATSE Local 58 Health and Welfare Trust, and sent to the trustee of the fund as designated by the Union. a) NYPACC shall contribute an amount equal to three (3%) percent of each stage employee s gross wages to the IATSE Local 58 Health and Welfare Trust for wages earned up to and including March 30, b) Effective March 31, 2014, for stage employees earning the Designated Event Rate or the Studio Rate, NYPACC shall continue to contribute an amount equal to three (3%) percent of those stage employee s gross wages to the IATSE Local 58 Health and Welfare Trust ; and for all other stage employees NYPAcC shall contribute an amount equal to five (5%) percent of those stage employee s gross wages to the IATSE Local 58 Health and Welfare Trust.

12 11 c) Effective January 1, 2015, for stage employees earning the Designated Event Rate or the Studio Rate, NYPACC shall continue to contribute an amount equal to three (3%) percent of those stage employee s gross wages to the IATSE Local 58 Health and Welfare Trust ; and for all other stage employees NYPACC shall contribute an amount equal to seven (7%) percent of those stage employee s gross wages to the IATSE Local 58 Health and Welfare Trust NYPACC shall contribute an amount equal to one (1 %) percent of each stage employee s gross wages to the Dental Plan Fund of Local 58, IATSE for dental benefit purposes. These contributions shall be remitted monthly by cheque payable to the Dental Plan Fund of Local 58, IATSE, and sent to the trustee of the fund as designated by the Union Commencing January 1, 2009 NYPACC shall contribute one-half (0.5%) percent of each stage employees gross wages to the IATSE Local 58 Human Resources Fund. These contributions shall be remitted monthly by cheque payable to the IATSE Local 58 Human Resources Fund, and sent to the trustee of the fund as designated by the Union The remittances of the deductions and contributions for the Retirement Savings Plan, Health and Welfare Trust, Dental Benefits, and Vacation Pay shall be remitted monthly by cheque to the Union so that they are received no later than the fifteenth day of the month following the month in which the person earned the wages in respect of which such deductions and contributions are payable and shall be accompanied by a statement in duplicate showing the name of those stage employees for whom contributions have been made and the respective amounts in each case. Article 14- OMERS (l 5th) Stage employees, who work for OMERS employers other than NYPACC, are deemed to have elected not to participate in OMERS under this Agreement, unless they notify NYPACC that they are an OMERS member, or that they want to be considered for OMERS membership; and to participate in OMERS under this Agreement Stage employees may, subject to satisfaction of the eligibility conditions of OMERS, elect to participate in OMERS under this Agreement effective on or after January 1, 2008 as an alternative to continued participation in the IATSE Retirement Savings Plan under this Agreement. For greater certainty, any such employee who elects to participate in OMERS effective on or after January 1, 2008 shall cease to be eligible to make contributions to, and shall not receive any NYPACC contribution to, the IATSE Retirement Savings Plan in respect of service on and after January 1, 2008 or any subsequent date they become an OMERS member and elect to participate in OMERS under this Agreement Any eligible stage employee who elects not to participate in OMERS under this Agreement shall complete a waiver form in writing, from time to time, as may be required by NYPACC.

13 There shall be no right for any stage employee to participate in OMERS prior to January 1, The Union agrees not to pursue any OMERS claims on behalf of its members for any possible omission periods prior to January 1, Article 15 Meal Breaks No stage employee shall be required to work more than five (5) consecutive hours without an unpaid meal break of one hour s duration. NYPACC has the right to schedule the unpaid meal break at any time after the call commences without breaking the call provided that the stage employee has worked at least three (3) hours of the work call When a meal break of less than one hour is provided it shall be paid through and stage employees shall be supplied, in consultation with the Heads, with food and beverage at NYPACC s expense, and the stage employees shall receive a meal penalty of an additional one (1) hour pay at the straight time hourly rate. Article 16 Health and Safety NYPACC and the Union and the stage employees agree to comply with their obligations under the Occupational Health and Safety Act NYPACC agrees to place all stage employees supplied by the Union under protection of the Workplace Safety and Insurance Act NYPACC shall not require any spotting of lines to be done while work is underway beneath the grid Every stage employee has the right to freedom from sexual harassment in the workplace. Harassment means engaging in a course of vexatious comments or conduct that is known or ought reasonably to be known to be unwelcome. A stage employee has an obligation to report any incidents of sexual harassment to NYPACC and the Local 58 in writing. NYPACC and the Local 58 will consult with respect to any reported incidents of sexual harassment and the Local 58 and NYPACC agree to cooperate in resolving the situation. Article 17 Recording and Broadcast Where a professional theatrical production, concert, or other event for which stage employees are engaged are recorded or broadcast, or where any event is recorded or broadcast professionally, with or without an audience, in whole or in part, by any means whatsoever, stage employees shall be paid a fifty (50%) percent premium over the applicable hourly or performance rate for time actually worked during the recording or broadcast session, unless the recording or broadcast session is called: a) to produce promotional materials or news clips which when finally edited and presented to the public will not include more than two (2) minutes of actual performance time;

14 13 b) to produce still photographs; or c) to produce archival materials. For the purposes of this Article, archival recordings are defined as: a) Audio: A feed from the program sound microphone; b) Video: A feed from the fixed house video camera recorded on house equipment, or on one other fixed camera, where audio is supplied by the internal camera microphone. Article 18 Grievance Procedure All differences between NYPACC and the Union relating to the interpretation, application, or administration of this Agreement shall be resolved through grievance and arbitration procedure NYPACC shall be under no obligation to consider or process a grievance unless it has been presented to the General Manager or his designate in writing within twenty (20) calendar days from the time that the circumstances giving rise to the grievance were known or should have been known to the grievor A grievance shall be presented by the Union within twenty (20) calendar days from the time that the circumstances giving rise to the grievance were known or shall have been known to the grievor. The written grievance shall set out the facts giving rise to the grievance and the remedy sought. Where the grievance is presented to the General Manager, or his designate, within the twenty (20) calendar day period, a meeting with the grievor, the Union, and the General Manager, or his designate, may be arranged at a mutually convenient time and location to discuss the grievance, which meeting shall take place seven (7) calendar days from the date the grievance is received by the General Manager or his designate. NYPACC shall respond to the grievance in writing seven (7) calendar days following the date of the meeting No matter may be submitted to arbitration which has not been properly carried through the grievance procedure within the time specified, provided that the parties may extend the time limits in the grievance procedure by mutual agreement in writing Where the party having carriage of a grievance fails to proceed to the next step of the grievance procedure then the decision at the last step of the grievance procedure shall be final and binding on both parties to this Agreement and upon any grievor involved and the grievance shall be deemed to be withdrawn. If a party fails to respond to a grievance within the time provided then the party having carriage of the grievance may proceed to the next step of the grievance procedure.

15 14 Article 19 Arbitration Procedure If the grievance is not resolved through the grievance procedure, the party having carriage of the grievance shall refer the grievance to arbitration by giving notice in writing to the other party within thirty (30) calendar days after receipt of the written response but not thereafter. If the request for arbitration is not given within the thirty (30) calendar day period the written decision shall be final and binding on both parties to this Agreement and upon any grievor involved and the grievance shall be deemed to be withdrawn A grievance which has been referred to arbitration by a written notice to arbitrate shall be heard by a sole arbitrator who shall be selected by NYPACC and the Union within fourteen (14) calendar days from receipt of the notice to arbitrate. If NYPACC and the Union are unable to agree on a sole arbitrator within the fourteen (14) calendar day period then either party may request the Ontario Minister of Labour to appoint an arbitrator The arbitrator shall not make any decision inconsistent with the provisions of this Agreement, or add to, alter, modify, imply to, or amend any part of this Agreement. Article 20 Effective Date and Duration All provisions of this Agreement shall come into force effective upon ratification and remain in force until December31, This Agreement constitutes the complete and entire agreement between the parties and concludes collective bargaining for its term. The parties recognize that this agreement sets forth all obligations NYPACC has toward the Union and the stage employees engaged under this Agreement, not withstanding any additional terms discussed by the parties during bargaining or any past practices not embodied in this agreement In the event that prior to the expiration date of the Agreement either party desires to negotiate a new Agreement, notice in writing shall be given to the other party not less than thirty (30) days and not more than ninety (90) days prior to the expiration date of this agreement.

16 Upon receipt of notice from either party of a desire to negotiate a new Agreement, a meeting shall be held between the parties within twenty (20) days, unless the parties agree otherwise, 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 reconciliation. Executed by the Employer and the Union in the City of Toronto as of the 5th day of November The International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories Local #58 Toronto North York Performing Arts Centre Corporation Y%inso Jim

17 16 Letter of Understanding October 17, 2012 Mr Jim Brett IATSE Local Adelaide Street West Toronto, Ontario M5V 1T4 Dear Jim: Re: The Recital Hall & the Studio Theatre The Union and NYPACC agree that in order to fully utilize the Recital Hall and the Studio Theatre certain events may be determined to be a Designated Event. A Designated Event in the Recital Hall and Studio Theatres would include any event which: (a) is expected to take no more than five (5) hours to set up, excluding focusing equipment that is expected to be completed by the end of the same day, and (b) is expected to take no more than two (2) hours to strike; or (c) any other event NYPACC and the Union agree is a Designated Event (the Designated Events ). It is agreed that maintenance calls scheduled by NYPACC shall not be considered a designated event. Should there be any question as to whether an event is a Designated Event, NYPACC and the Union agree to meet to resolve this question, failing which any dispute can be processed through the grievance and arbitration procedures. Without limiting the generality of the foregoing the Union and NYPACC agree that in the Recital Hall, productions by the Classical Theatre Company, the Toronto Centre for the Arts, members of North York Arts and members of the Community Folk Arts Council are Designated Events; provided that any fundraising events produced by these organizations must meet the criteria contained in clauses (a) and (b) above to be a Designated Event. Without limiting the generality of the foregoing the Union and NYPACC agree that in the Studio Theatre, productions by the Toronto Centre for the Arts, Harold Green Jewish Theatre, Encore Entertainment, Teatron Theatre and Angelwalk Theatre are Designated Events; provided that any fundraising events produced by these organizations must meet the criteria contained in clauses (a) and (b) above to be a Designated Event. In order to enhance the utilization of the Recital Hall or Studio for Designated Events the following terms and conditions shall apply to all Designated Events in the Recital Hall and Studio, notwithstanding any conflicting provisions of the collective agreement: 1. All work performed on a Designated Event shall be paid on an hourly basis subject only to the minimum call provision contained in Article 7.01 of the collective agreement.

18 17 2. On a Designated Event in the Recital Hall, the Recital Hall Head Technician shall be paid the Department Head Rate; Special Operators, where required, will be paid the Special Operator Rate and all other stage employees shall be paid the Designated Event Rate. 3. Where a Designated Event in the Recital Hall or Studio Theatre for which stage employees are engaged is recorded or broadcast, or where a Designated Event in the Recital Hall or Studio Theatre is recorded or broadcast professionally, with or without an audience, in whole or in part, by any means whatsoever, stage employees are not entitled to any additional premium compensation and it is agreed that the presenter of the Designated Event shall be entitled to operate or engage a third party to operate any of the equipment used to record or broadcast the event without restriction; unless more than three (3) cameras are utilized to record or broadcast the Designated Event, in which case stage employees will be engaged to operate the cameras and related equipment. 4. In the event that a third party assumes ownership or management of the Toronto Centre of the Arts, the Union and NYPACC acknowledge and agree that this Letter of Understanding shall become immediately null and void and unenforceable effective one hour prior to the effective date of the transaction, unless the parties expressly agree otherwise in writing; provided that presenters of Designated Events who have entered into contractual commitments prior to the expiry of this Letter of Understanding shall be entitled to present their Designated Events in accordance with the terms of this Letter of Understanding as it existed prior to its expiry where that Designated Event occurs within six (6) months of the expiry of this Letter of Understanding. For further clarity, the Union and NYPACC acknowledge and agree that in the event a third party assumes management of the Toronto Centre for the Arts, that this Letter of Agreement shall have no further application to events contracted for following the expiry of this Letter of Understanding and the strict terms and conditions of employment for the stage employees set out in the collective agreement shall govern those events contracted for following the expiry of this Letter of Understanding. Yours tru. Pim Schotanus

19 18 Letter of Understanding October 17, 2012 MrJim Brett IATSE Local Adelaide Street West Toronto, Ontario M5V 1T4 Dear Jim: Re: Designated Events for the Main Stage The Union and NYPACC agree that in order to fully utilize the Main Stage it will be essential to attract events that are educational in nature or enhance community involvement. The Union and NYPACC agree that, in addition to any stipulated event under Article of the collective agreement, a Designated Event on the Main Stage would also include any event which: (a) (b) (c) is expected to take no more than five (5) hours to set up, excluding focusing equipment that is expected to be completed by the end of the same day, and is expected to take no more than two (2) hours to strike; or any other event NYPACC and the Union agree is a Designated Event (the Designated Events ). It is agreed that maintenance calls scheduled by NYPACC shall not be considered a designated event. Should there be any question as to whether an event is a Designated Event, NYPACC and the Union agree to meet to resolve this question, failing which any dispute can be processed through the grievance and arbitration procedures. Without limiting the generality of the foregoing the Union and NYPACC agree that productions by the Classical Theatre Company, the Toronto Centre for the Arts, members of North York Arts and members of the Community Folk Arts Council are Designated Events; provided that any fundraising events produced by these organizations must meet the criteria contained in clauses (a) and (b) above to be a Designated Event. In order to enhance the utilization of the Main Stage for Designated Events the following terms and conditions shall apply to all Designated Events on the Main Stage, notwithstanding any conflicting provisions of the collective agreement: 1. There shall be no departments on Designated Events on the Main Stage. 2. All work performed on a Designated Event shall be paid on an hourly basis subject only to the minimum call provision contained in Article 7.01 of the collective agreement. 3. On a Designated Event on the Main Stage, Department Heads, where required, shall be paid the Department Head Rate; Special Operators, where required, will be paid the

20 19 Special Operator Rate and afl other stage employees shall be paid the Designated Event Rate. 4. Where a Designated Event on the Main Stage for which stage employees are engaged is recorded or broadcast, or where a Designated Event on the Main Stage is recorded or broadcast professionally, with or without an audience, in whole or in part, by any means whatsoever, stage employees are not entitled to any additional premium compensation and it is agreed that the presenter of the Designated Event shall be entitled to operate or engage a third party to operate any of the equipment used to record or broadcast the event without restriction; unless more than three (3) cameras are utilized to record or broadcast the Designated Event, in which case stage employees will be engaged to operate the cameras and related equipment. 5. In the event that a third party assumes ownership or management of the Toronto Centre of the Arts, the Union and NYPACC acknowledge and agree that this Letter of Understanding shall become immediately null and void and unenforceable effective one hour prior to the effective date of the transaction, unless the parties expressly agree otherwise in writing; provided that presenters of Designated Events who have entered into contractual commitments prior to the expiry of this Letter of Understanding shall be entitled to present their Designated Events in accordance with the terms of this Letter of Understanding as it existed prior to its expiry where that Designated Event occurs within six (6) months of the expiry of this Letter of Understanding. For further clarity, the Union and NYPACC acknowledge and agree that in the event a third party assumes management of the Toronto Centre for the Arts, that this Letter of Agreement shall have no further application to events contracted for following the expiry of this Letter of Understanding and the strict terms and conditions of employment for the stage employees set out in the collective agreement shall govern those events contracted for following the expiry of this Letter of Understanding. You rstri]y Pim Schotanus