Windsor Symphony Orchestra - Ontario Entertainment and... · Maternity and Parental Leave 15 Leave...

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Windsor Symphony Orchestra Robert Franz, Music Director THIS AGREEMENT made in duplicate as ofthe 0Cf day of 2015 BETWEEN THE WINDSOR SYMPHONY SOCIETY Hereinafter called "The Society" OF THE FIRST PART -and- THE WINDSOR FEDERATION OF MUSICIANS Local566 ofthe American Federation of Musicians of the United States and Canada Hereinafter called "The Federation" OF THE SECOND PART 2015-2016 2016-2017

Transcript of Windsor Symphony Orchestra - Ontario Entertainment and... · Maternity and Parental Leave 15 Leave...

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Windsor Symphony Orchestra Robert Franz, Music Director

THIS AGREEMENT made in duplicate as ofthe 0Cf day of ':tact~ 2015

BETWEEN

THE WINDSOR SYMPHONY SOCIETY

Hereinafter called "The Society"

OF THE FIRST PART

-and-

THE WINDSOR FEDERATION OF MUSICIANS Local566 ofthe American Federation of

Musicians of the United States and Canada

Hereinafter called "The Federation"

OF THE SECOND PART

2015-2016 2016-2017

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TABLE OF CONTENTS

I RECOGNITION 3 II TERMS OF CONTRACT 3 III ORCHESTRA 3 IV SERVICES 4 v SCHEDULE OF FEES 8

Surplus Sharing 9 Overtime 9 Per Diems 9 Expenses for Out-of Town Musicians 10

VI GENERAL TERMS OF SERVICE 11 Period of Notice 12 Doubling 12 Pay Schedule 14

VII AREAS OF AUTHORITY, RESPONSIBILITY AND BENEFITS 14 Sick Leave 14 Maternity and Parental Leave 15 Leave Without Pay 16 Rehearsed Sub 17 Exchange of Services 17 Long-term Leave of Absence 17 Pension 18 Steward's Duties 18 Conditions of Performance 18 Orchestra and Federation/Society Committees 18 Photocall Announcement 19

VIII STEP-UP REVIEW 20 IX OUT-OF-TOWN ENGAGEMENTS 21

Runouts 21 Tours 23

X BROADCASTS AND RECORDING 25 XI AUDITIONS 27

Intra-Orchestra Auditions 27 National and International Auditions 27 Remuneration and Working Conditions for Committee 29

XII ENGAGEMENT 29 Resignation 30

XIII PROBATION, TENURE AND NON-RENEWAL OF CONTRACT 30 ECO Musicians 30 Appeal from Non-Renewal of Contract- ECO 30 Per Service Musicians 31 Appeal from Non-Renewal of Contract- Per Service 32 Conflict of Interest 32 Dismissal of a Tenured or Regular Status Musician 32

XIV GRIEVANCE AND ARBITRATION PROCEDURES 34 Arbitration 34

XV EXTREME FINANCIAL DIFFICULTY 35 XVI FORCE MAJEURE 35

Schedule "A" ECO Musicians and Schedule "8" Per Service Musicians 36

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I RECOGNITION

WHEREAS the Society is a Charitable and non-profit Organization under the provision of the Ontario Corporations Act;

WHEREAS the Federation is the sole and exclusive negotiating Agent representing musicians engaged by the Society;

WHEREAS the Society operates and maintains a Professional Symphony Orchestra for the cultural benefit and enjoyment of the Citizens of the City of Windsor and of numerous other municipalities of Southwestern Ontario; and

WHEREAS the Society provides a medium of high standard for musical expression by a substantial number of skilled musicians residing in the Windsor area.

Now THIS INDENTURE WITNESSETH that, in consideration of the mutual benefits to be derived by the Society and the Federation through the operation of a Symphony Orchestra in Essex County, the Society does hereby covenant with the Federation and the Federation does hereby covenant with the Society as hereinafter set forth.

II TERMS OF THE CONTRACT

This agreement shall be in effect as of the first day of September 2015 remain in force until the thirty-first day of August 2017. It is understood that all articles of this agreement shall apply to all additional services that may be scheduled outside the regularly contracted season.

The 2015-2016 season shall be 33 weeks in duration and shall commence on Monday, September 21, 2015 and shall end on Sunday, May 08, 2016 inclusive.

The 2016-2017 season shall be 33 weeks in duration and shall commence on Monday, September 19, 2016 and shall end on Sunday, May 07, 2017 inclusive.

The terms of this agreement are not to include the Music Director and the Concertmaster.

The Society will only employ members of the American Federation of Musicians as musicians for any service as instrumental players. Any musician signing a contract with the Society must be a member of Local 566.

It is agreed that all rules, laws and regulations of the American Federation of Musicians of the United States and Canada and all rules, laws and regulations of Local 566 are made part of this agreement.

III ORCHESTRA

The Orchestra will be made up of a minimum of 42 musicians contracted for a minimum number of services and rates of pay as specified in Schedules "A" and "B".

Education and Community Outreach Musicians ("ECO Musicians"):

A minimum of eighteen (18) of the musicians shall be engaged to perform education and community outreach services ("ECO services") in addition to regular orchestral services, as outlined in Schedule "A".

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Per Service Musicians:

A minimum of twenty-four (24) musicians shall be engaged to perform a minimum schedule of orchestral services. These musicians may also be offered ECO services. The number of guaranteed services and rates of pay are outlined in schedule "B".

IV SERVICES

I . Education and Community Outreach Services ("ECO Services") are understood to mean all chamber music services, including educational, promotional, community outreach, and chamber music, or other ensemble performances. The Society will endeavor to distribute the assignment of these services amongst the various groups in the orchestra in as equitable a manner as possible.

2. (a) The Society may utilize the Orchestra and constitute ensembles for the following servtces:

i) for orchestral performances of the Society;

ii) for performances advertised under the auspices of the Windsor Symphony Society and/or co-produced with any one or more of the following sponsoring organizations:

St. Clair Centre for the Arts University of Windsor Mackenzie Hall Amherstburg Performing Arts Society Art Gallery of Windsor Various cultural venues in the City of Windsor

iii) for orchestral or chamber music performances and/or the accompaniment of ballet, opera, oratorio, and/or choral groups such as the Windsor Classic Chorale;

iv) for performances (solo*, duo*, trio*, quartet and quintet) in the educational institutions of Southwestern Ontario and all other touring and run out locations (e.g. Music Alive);

*N.B. Solo, Duo, Trio premium pay to be negotiated.

v) for performances in social service agencies, hospitals, nursing homes and special schools (e.g. Gift of Music concerts);

vi) for performances for service groups (Rotary Club, Kiwanis, etc.);

vii) for "Musical Soirees" - chamber music performances providing a focus for fundraising initiatives;

viii) for promotional or fundraising activities of the Society;

ix) for special ceremonial or civic events;

x) for performances which enhance the community image of the orchestra;

xi) for performances at funerals as outlined in Article IV 2(e) below.

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(b) The Society, with the consent of the musician, may utilize orchestra services for coaching groups and individuals in school and university programs, nurturing educational activity and enhancing existing programs. Implementation to be discussed with the Orchestra Committee.

(c) The Society may utilize members of the Orchestra for the presentation of ticketed Windsor Symphony Orchestra Chamber Music concerts or series, specially defined by repertoire and not covered by Article IV 2(a), under the following guidelines:

The planning of these concerts will involve the participation of a Chamber Music Committee drawn from the Orchestra in conjunction with the Artistic Planning Committee, the Music Director and the Executive Director. The Society will present possible dates and times for performances to the Committee, after which a polling of orchestra members will take place to determine availability and desire to perform. Chamber groups would then be formed and appropriate repertoire chosen, and the Society would confirm dates, times and locations for the dress rehearsal(s) and performance(s). The dress rehearsal and the performance(s) will be scheduled in accordance with the provisions of the Master Agreement. All other rehearsals (minimum of 5 in addition to the dress rehearsal) will be determined within the group and will fall outside the terms of the Master Agreement (as agreed by the musicians involved: e.g. three service days or late rehearsal times, etc.) It is understood that the regular Windsor Symphony schedule shall prevail over such rehearsals in case of conflict. The Society will endeavour upon request to provide assistance with rehearsal spaces, piano, etc. for these Chamber Music rehearsals.

Each musician involved shall sign an additional personal services contract with the Society confirming the required terms, dates and times. These contracts will be binding and can only be revoked by mutual agreement. Contracts shall be post-marked by the Society no later than July 1, and the executed contracts postmarked by the musicians no later than August 31 of each calendar year.

Musicians shall recetve service credits (or pay, in the case that guaranteed service levels are exceeded) for all the services covered by this clause. Involvement in Chamber Music performances (as distinguished from other small ensemble services) shall be considered voluntary, and musicians declining such involvement will suffer no financial penalty.

(d) Notwithstanding Article V 2(b), for the purposes of Chamber Music performances, all players in ensembles of 8 musicians or less will be paid /credited the principal rate for these services: i .e. non-principal players will be paid step-up to the principal pay.

(e) The Musicians of the WSO may be engaged to perform at funerals. In consideration of the last-minute nature of such performances, the services shall be handled in the following manner:

i) String quartets only may be utilized. Repertoire is to be supplied from WSO's collection of standard quartet music, specifically, music routinely performed without rehearsal within the week of the performance.

ii) Annually, the WSO's Personnel Manager will solicit the names of musicians whom would be interested in performing funeral services.

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3. (a)

iii) String quartets are to be contracted by the WSO's Personnel Manager. Regular call order and normal booking practice may be subverted to expedite the process, but contracted WSO members who have expressed their interest in funeral performances will be offered the services prior to extras, and the Personnel Manager shall attempt to evenly distribute the offering of said services.

iv) All funeral services shall not exceed one and one half (1 Yz) hours in length, and shall not require a break.

v) The service fees shall be paid over and above the contracted personal service agreements at a rate consistent with the Section Per Service fees. In specific, due to the restriction of the one and one half (1 Yz) hour time limit, Principal Step-up rates shall not apply.

vi) One member of the quartet, as appointed by the Personnel Manager, shall be appointed as the on-site representative of the ensemble and shall receive a premium of 50% over and above the Section Per Service rate. This individual shall be responsible for the on-site management of the service, including, but not limited to, introductions and coordination with the engager and Master of Ceremonies, and the selection of repertoire.

vii) Performance may take place starting thirty (30) minutes prior to the funeral's start time, during the funeral itself, or during a wake.

viii) All other terms and conditions of the Master Agreement shall be in force.

The work week shall commence on Monday and continue through Sunday.

(b) ECO and Per Service Musicians shall not normally be required to perform more than eight (8) services per week. A week of nine (9) services may be scheduled only when preceded by a seven (7) service maximum week or followed by a seven (7) service maximum week. A maximum of three (3) nine (9) service weeks shall be scheduled during one season.

(c) Within any seven (7) consecutive day period, the Orchestra will not be required to perform on more than three (3) consecutive days during which two (2) services each are scheduled.

(d) No member of the Orchestra shall be required to give more than two (2) services in one (1) day. However, when two (2) concerts are performed within a two and one-half (2Yz) hour period, they shall be deemed to be one (1) service.

(e) When two (2) orchestral concerts are performed within a two and one-half(2Yz) hour period, there shall be no travel between concerts excepting movement within the same venue (e.g. change of hospital wards). It is understood that musicians shall not be required to use their break-time for tear-down or set-up or changing locations within the same venue.

(t) There shall be one (1) day off each week and not more than seven (7) consecutive days without a non-service day. For each week of this contract, Monday shall be designated as a day off with the exception of a maximum of two (2) Mondays to be scheduled: one for small ensemble services and one for Education concert week rehearsal, with the provision that the preceding Sunday shall not be scheduled.

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(g) There shall be a rest period of twelve (12) hours between the last service of one (1) day (or return from a runout) and the first service of the next day (or departure for a runout only).

(h) There shall be no service prior to 12:00 noon the day following an evening runout with a return time of 12.30 a.m. or later.

(i) There must be one (I) two-day period free of service in each calendar month.

G) On any day in which an afternoon performance and any evening service are scheduled, there must be at least a three and one-half hour (3 ~) break between the end of the afternoon performance and the start of the evening service, except for Family concerts, where the break shall be at least two and one-half (2~) hours.

(k) With regard to Article IV 3(b) to G), changes may be made under exceptional circumstances within the period of notice with the approval of the Orchestra Committee.

(I) No service shall be scheduled to start before 9:30 a.m. or finish after 11:00 p.m.

(m) When a rehearsal and a concert occur as two (2) two and one-half (2~) hour services on the same day within the Windsor city limits, there shall be a minimum two (2) hour break between the end of the rehearsal and the beginning of the concert and a minimum of one and one-half (1 ~)hour break between two rehearsals. However, where the dress rehearsal and the concert are scheduled for the Capitol Theatre, the minimum break between dress rehearsal and concert shall be three (3) hours, except for the Family Series at the Capitol Theatre where the break between dress rehearsal and concert shall be two (2) hours. Wherever possible, rehearsals shall be scheduled for the following time periods:

10:00 a.m.- 12:30 p.m. 2:00 p.m. -4:30p.m. 7:00p.m.- 9:30p.m.

Whenever possible, when a dress rehearsal occurs on the same day as a concert, the dress rehearsal shall be scheduled for 11 :00 a.m.

(n) Two (2) Music Alive services may be scheduled in the same day with a one and one half (1 ~) hour break if the services do not exceed two hours in length. The driving distance between two Music Alive venues within the City of Windsor may not exceed 20km, nor 30km in Essex County.

(o) There shall be no service(s) scheduled on the following holidays:

i) Thanksgiving Day (Canada) ii) Good Friday iii) Easter Saturday iv) Easter Sunday v) March Break week (Monday to Sunday) as scheduled by the Greater-Essex County

District School Board

There shall be no service(s) scheduled from December 23, 2013 to January 5, 2014 inclusive and from December 22, 2014 to January 4, 2015 inclusive.

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There shall be two additional Dark Weeks designated during each season. The placement of these weeks shall be at the discretion of the Society and must be designated by the season's period of notification as per VI 2( a).

If a service is scheduled on any of the above stated days, the musicians required for such a service shall have the option of refusing to perform the service without penalty. Any musicians agreeing to perform such a service shall be paid two hundred percent (200%) of their per service fee.

4. Extra services, such as runouts, etc., should be offered to contracted Per Service musicians before extra or non-contracted musicians.

V. SCHEDULE OF FEES

l.

2.

(a) Principal Musicians shall be paid as follows:

2015-2016 at a rate of$135.00 per service 20 16-2017 at a rate of $13 7. 70 per service

(b) Assistant Principal Musicians shall be paid as follows:

2015-2016 at a rate of $113.00 per service 2016-2017 at a rate of $115.26 per service

(c) Section Musicians shall be paid as follows:

2015-2016 at a rate of$108.00 per service 2016-2017 at a rate of $110.16 per service

(d) Principal Musicians fee per service is to be maintained at a rate of25% above Section Musicians fee per service.

(a) Step-ups: Any member of the Orchestra who substitutes for another musician shall be paid the fee for the chair, but shall never be paid less than his/her contracted fee. The contracted fee does not include doubling. Doubling shall be paid only for services when doubling occurs.

(b) All musicians playing in ensembles of 5 players or less shall be paid the principal per service rate for these services, i.e. non principal players will be paid step-up to the principal rate, notwithstanding Article V 1(d).

(c) In the case where contracted musicians are engaged to perform a solo concerto with the orchestra, the soloist shall not be required to play in any other piece on the same half of the concert as their concerto. ECO musicians will be docked pay for the rehearsals they will not be playing as an orchestral musician. The Society will endeavour to inform the musician as to the content of the balance of the program at the time of offering the solo concerto performance opportunity.

3. Service fees, with the exception of Soloists taken from the orchestra, are to be construed as maximum fees.

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4. Any extra or substitute musician shall be paid the section Per Service rate or the contracted rate of the musician he/she is replacing, whichever is higher.

Surplus Sharing

5. Fifty (50) percent of any year's operational surplus (the total excess of revenues over expenses as calculated by auditor) is to be paid to the musicians. These payments shall be made as soon as possible following the Board's acceptance of the year's audited statements or the Annual General Meeting of the Society, whichever comes first. Payments may be delayed to accommodate cash flow as needed but must be distributed no later than December 31 of each year.

These surplus payments shall be calculated based on the number of actual services performed by individual musicians and shall be distributed only amongst contracted members of the symphony, not subsititute or extra musicians.

In the event a year's surplus surpasses $100,000 (operational surplus), any payment due to the musicians beyond $50,000 may be deferred until the next financial year end, and first used (in its entirety if necessary) to reduce or eliminate any operational deficit in that financial year. In the event there is no operational deficit in this year, the fifty (50) percent of any operational surplus held over from the year prior shall be added to the surplus payments in the current year.

In the event the fifty (50) percent of the operational surplus is less than $1,000, whereby the cost of administrating the payout would likely exceed the value of the payout, the surplus shall revert to the net assets of the WSO.

It is understood that any donation or grant monies that are specifically earmarked for new capital purchases (ie. a new piano or stage risers) are to be excluded from the above surplus sharing calculations.

Overtime

6. (a) Overtime shall be based on the individual negotiated fee and be paid in fifteen (15) minute segments, according to the following schedule:

i) for travel continuing after 12:30 a.m.;

ii) for overtime which has been scheduled by notice to the Orchestra at the previous service or earlier, an additional 25 percent; scheduled overtime shall not exceed thirty (30) minutes;

iii) for unscheduled overtime, an additional 50%.

(b) All musicians, if required, must remain for a maximum of one half (~) hour overtime following the last two (2) rehearsals preceding the concert.

Per Diems

7. On any day of touring or run out, the incidental expenses shall be paid to the musician and payment schedule as follows shall apply for meal reimbursement on such days:

Breakfast $6.50 (payable when boarding transportation is prior to or return is after 8:30a.m.)

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8.

Lunch

Dinner

(a)

$11.00 (payable when boarding transportation is prior to 12:00 noon or return is after 1:00 p.m.)

$15.00 (payable when boarding transportation is prior to 5:00p.m. or return is after 6:00p.m.)

A fee for out-of-pocket expenses in the amount of$7.50 shall be paid per day on tour. All per diems shall be subject to a maximum of $40.00 per day.

(b) In the case of school ensemble concerts, it is understood that a fee of $5.00 shall be paid to each musician per day on any day of run out.

(c) All disbursements shall be paid in Canadian funds, as above, when performing in Canada and in U.S. funds e.g. Breakfast $6.50 U.S., Lunch $11.00 U.S ., Dinner $15.00 U.S. when services occur in the U.S. All other countries will be negotiated separately.

(d) The Society will, unless otherwise agreed to in writing by the Orchestra Committee, provide transportation for all musicians from a designated place within the City limits to all engagements taking place outside of Essex County.

(e) Where the Society requires a Musician to perform outside of the City of Windsor but within the boundary of Essex County, or does not provide transportation upon agreement of the Orchestra Committee for engagements outside of Essex County, a travel allowance of twenty-five (25) cents/km shall be paid to each musician who drives to or incurs other transportation costs for that service. Distance (total paid kilometers) shall be based on the distance from Windsor City Hall to the physical address of the destination venue and return.

(f) Where the Society provides transportation, those musicians electing to drive themselves will not be paid a transportation allowance.

Expenses for Out-of-Town Musicians

9. For any out-of town musicians who are billeted, the Society will pay a per diem of $15.00 to the host.

10. (a) The Society agrees to offset, outside of ECO String musicians, some of the travel expenses incurred by musicians residing outside of the County of Essex according to the following schedule:

From: Toronto Montreal Hamilton Kitchener London Kalamazoo Ann Arbor Detroit

$30.00 $40.00 $20.00 $25.00 $18.00 $20.00 $8.00 $5.00

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per person, per concert cycle per person, per concert cycle per person, per concert cycle per person, per concert cycle per person, per concert cycle per person, per concert cycle per person, per day per person, per day

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(b) The Society also agrees to provide reasonable accommodation for those for whom an overnight stay in Windsor is a necessity.

(c) A cartage fee of $75 per concert cycle is to be paid for transportation of a complete drum set or a large amount of percussion equipment that the Percussion Section is required to provide. Cartage fees are to be paid at the discretion of the Director of Operations.

VI GENERAL TERMS OF SERVICE

l. (a)

(b)

(c)

(d)

i) Orchestra services shall not exceed two and one half (2Y2) hours without payment of overtime. The end of the service shall be deemed to occur at the end of the concert except where two performances occur within the same service.

ii) In the case of ballet, opera or oratorio services, the dress rehearsal and the performance shall not exceed three (3) hours without the payment of overtime.

i) With regard to Article VI l(a)(i), there shall be a minimum twenty (20) minute continuous rest period not to be taken during the first half hour and not later than ninety (90) minutes from the beginning of the service from the exit of the Music Director to the entrance of the Concertmaster.

ii) With regard to Article VI l(a)(ii), there shall be either A) a minimum twenty-five (25) minute continuous rest period beginning no later than ninety (90) minutes or no earlier than sixty-five (65) minutes from the beginning of the Service or B) two (2) -fifteen (15) continuous minute rest periods beginning no later than forty-five (45) minutes before the end of the service from the exit of the Music Director to the entrance of the Concertmaster.

iii) Splitting the orchestra for breaks shall be permitted subject to two (2) weeks prior notice to the Orchestra Committee.

The Society will make it possible for the musician to be seated a minimum of thirty (30) minutes prior to all rehearsals and concerts, including providing proper stands, chairs, rehearsal clock, and rugs to end pins on Cellos and Double Basses. However, musicians will be responsible for bringing their own music stands and related equipment, (such as bass stools, cello/bass straps etc.) to performances of small ensembles, up to and including quintets. In the event the Society does not comply with the setup conditions, the Orchestra Committee after consultation with management, shall decide if the service will start as scheduled. In any event, the service shall start no later than thirty (30) minutes after setup and end at the regular time. The Orchestra Committee shall take into consideration any extenuating circumstances.

Each musician will be excused for two late arrivals to an orchestra service per season. Upon the third late within the season, the musician will be docked at fifty (50) percent of his/her service rate.

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Period OfNotice

2. (a) The Society shall provide a complete list of all known concerts, rehearsals, and tour dates for each season to all contracted musicians sixty (60) days prior to the first service of the season. The Society shall inform contracted musicians of the nature and details of any services marked "to be announced" or otherwise not detailed in the aforementioned list at least twenty-eight (28) days prior to the scheduled date of such service.

(b) In addition, the Society may add to or subtract from said list of services, provided twenty­eight (28) days notice is given to the musicians, with the exception of the Dark Weeks identified under Article IV 3(p ).

(c) Each personal service contract for per service musicians shall include a permanent schedule of services for each season. Any services changed from or added to the master schedule after a contract is signed shall be performed at the musician's discretion when outside the period of notification. Should the musician decline to perform, she/he shall not suffer loss of position or status, that is, the minimum number of services per personal service contract may not be reduced.

3. Where the Society desires to schedule services outside the period of notification, the musicians involved shall decide to accept or reject said services by majority vote taken by the Orchestra committee who shall inform the Personnel Manager within twenty-four (24) hours of those musicians unable to perform. No musician unable to perform said services shall suffer loss of position. Substitutes shall be engaged at the prerogative of management.

Doubling

4. (a) In the event that a musician is requested by the Music Director or Conductor to play more than one instrument, the musician shall receive in addition to his/her regular per service fee, fifty (50) percent of his/her per service fee for each concert and/or rehearsal relevant to that concert where such doubling is necessary.

Musicians required to perform on an auxiliary instrument at their audition (e.g. Second Flute, Second Oboe) will have the right of refusal on said auxiliary parts on any series. In the case where there is only one instrument in the section called for, the Society will make every effort to select appropriate repertoire that does not call for any musician to double on an auxiliary instrument when another musician in the orchestra has had to perform an audition on said instrument.

(b) The following doubling by a musician is permitted without the payment of any additional fee:

i) A and B Flat Clarinet ii) All Trumpets except Piccolo Trumpet iii) Tenor and Bass Trombone iv) French Hom in all keys

(c) The Percussion Section Doubling for the Percussion Section shall be determined by dividing the instruments of the

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percussion section into four sections:

Section I Non-Pitched (Basic Percussion Instruments) (a) Snare Drum (d) Tom Toms (b) Bass Drum (e) Small accessories of a non-keyboard nature (c) Cymbals (t) Hand drums

Section II Pitched (Mallet Keyboard Instruments) (a) Chimes (e) Orchestra Bells (b) Xylophone (t) Glockenspiel (c) Vibraphone (g) Accessories of a chromatic or keyboard nature (d) Marimba

Section III Drum Kit

Section IV Timpani

Should the Principal Percussionist and/or Section Percussionist be requested to play instruments from any two of the above Sections (i.e. one doubling) she/he shall be paid at the rate of thirty-five (35) percent of his/her fee. Should the Principal Percussionist and/or Section Percussionist be requested to play instruments from any three of the above Sections (i.e. two doublings) she/he shall be paid at the rate of thirty-five (35) percent of his/her fee for the first double and at the rate of twenty (20) percent of his/her fee for the second double. Should the Principal Percussionist and/or Section Percussionist be requested to play instruments from all four of the above Sections (i.e. three doublings) she/he shall be paid at the rate of thirty-five (35) percent of his/her fee for the first double, twenty (20) percent of his/her fee for the second double, and fifteen ( 15) percent of his/her fee for the third double.

The Principal Percussionist will submit in writing to the Personnel Manager on a show-by­show basis an account of Percussion Doubling to be paid.

(d) Principal Timpani

Instruments which the Principal Timpanist may be requested to play in addition to Timpani are divided into three (3) sections and are governed as follows:

Section I Non-Pitched (Basic Percussion Instruments) (a) Snare Drum (d) Tom Toms (b) Bass Drum (e) Small accessories of a non-keyboard nature (c) Cymbals ( t) Hand drums

Section II Pitched (Mallet Keyboard Instruments) (a) Chimes (e) Orchestra Bells (b) Xylophone (t) Glockenspiel (c) Vibraphone (g) Accessories of a chromatic or keyboard nature (d) Marimba

Section III Drum Kit

Should the Principal Timpanist be requested to play any instruments from Section I or from

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Section II she/he shall be paid at the rate of fifty (50) percent of his/her fee for the first double, at the rate of twenty-five (25) percent of his/her fee for the second double, and at the rate of fifteen (15) percent of his/her fee for the third double.

Pay Schedule

5. (a) i) For all ECO musicians, each musician's guaranteed income shall be divided evenly into seventeen (17) payments to be received as follows:

2015-2016 - beginning September 17, 2015 and every second Thursday thereafter until April28, 2016;

2016-2017 -beginning September 15, 2016 and every second Thursday thereafter until April27, 2017;

Any extra fees (including overtime) performed up to and including the preceding Sunday of the corresponding pay period shall be paid in the subsequent pay period.

ii) All Per Service musicians shall be paid every second Thursday as follows:

2015-2016- beginning October 01, 2015 and every second Thursday thereafter; 2016-2017- beginning September 29,2016 and every second Thursday thereafter;

which pay shall cover all services and any extra fees performed up to and including the preceding Sunday of the corresponding pay period.

iii) Pay cheques shall be ready by 12:00 noon.

(b) The Society agrees that it shall, upon written notice from the Federation, deduct from any fees payable to the musicians, the amount of any dues or assessments levied by the Federation. The amount deducted shall be remitted to the Federation within 30 (thirty) days. A list of musicians and respective assessments shall be included. A statement for tax purposes shall be sent to each musician with the T -4A form.

VII AREAS OF AUTHORITY, RESPONSIBILITY AND BENEFITS

Sick Leave

1. (a) (i) In the event that unavoidable cause including personal or family illness or emergency makes it necessary for any musician to be absent from any rehearsal or concert, she/he will in every instance advise the Personnel Manager of the Society and ensure that all music in her/his possession required for the current performance is returned forthwith to the orchestra. Each ECO musician shall be entitled to twelve (12) services absence in each season without loss of pay. It shall be the Society's option to engage a substitute by its own efforts and expense. When unavoidable cause is cited by a musician, concurrence from the Society shall not be unreasonably withheld. Any dispute in this regard shall be subject to the grievance and arbitration procedures in Article XIV. In the case of personal illness, the Society reserves the right to request a doctor's certificate. In the event that a musician is on an extended

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(b)

sick leave during any concert season, he/she shall suffer no loss of position or status during the remainder of that concert season.

ii) After completing one season, Per Service musicians shall be entitled to five (5) services absence in each season, due to personal or family illness or emergency without loss of pay.

i) With regard to ECO musicians, in the event that leave under Article VII l(a)(i) is not used in full, all of the unused leave may be accumulated for three (3) seasons to a maximum of thirty-six (36) services.

ii) With regard to Per Service musicians, in the event that leave under Article VII l(a)(ii) is not used in full, all of the unused leave may be accumulated for three (3) seasons to a maximum of fifteen (15) services.

Maternity and Parental Leave

2. (a) Each contracted female musician shall be entitled to up to seventeen (17) weeks pregnancy leave, which may be divided immediately before and/or after the date of birth. The musician is required to provide the Personnel Manager with at least two (2) weeks written notice of the date that the leave is to begin, with the exception of unexpected bed-rest. The musician will endeavor to give earlier notice if possible. Should extended maternity leave be necessary during any concert season due to unavoidable cause, the musician shall not suffer loss of position or status during that concert season. The Society may request a Doctor's certificate, stating only the expected delivery date.

(i) The ECO musician shall be paid for sixteen (16) missed services (plus the balance of a run of services if the 16th missed service falls within such run) maternity leave and may then apply accumulated sick services as in Article VII l(a) and (b), and for the remainder of the leave, deductions shall be made on a per-service-missed basis.

(ii) The Per Service musician shall be paid for two (2) missed services (plus the balance of a run of services if the 2nd missed service falls within such run) maternity leave and may then apply accumulated sick services as in Article VII l(a) and (b), and for the remainder of the leave, deductions shall be made on a per-service-missed basis.

iii) Each contracted male musician shall be granted up to two (2) services (plus the balance of a run of services if the 2nd missed service falls within such run) leave of absence without loss of pay for the purpose of attending the birth of his child, and may then apply accumulated sick services as in Article VII l(a) and (b). When the musician does not apply accumulated sick leave, the two (2) services (plus the balance of the run when applicable) will not be deducted from the sick leave service totals defined in Article VII l(a) and (b).

(b) Any contracted player who is a parent is entitled to an eighteen (18) week unpaid parental leave following the birth of a child or the coming of the child into the parent's custody care and control for the first time. The leave must commence within two (2) months of the child's birth or arrival into custodial care. The musician is required to provide the Personnel Manager with at least twelve (12) weeks written notice of the date the leave is to begin. The Society may request a Doctor's certificate, stating only the expected delivery date.

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Leave without Pay

3. Leave without pay for the purpose of attending professional auditions outside of Windsor shall be granted on the condition that the musician will provide the Personnel Manager with a written request at least fourteen (14) days prior to the leave date.

4. (a) If any musician requesting an absence, not due to illness, submits such request in writing not later than twenty-one (21) days prior to the leave date, the leave shall be granted, with the understanding that, with the exception of small string ensemble services (5 players or less) and in cases where the Conductor of the subject service(s) otherwise approves, the leave will apply to all services associated with the preparation and performance of the designated performance or run of rehearsals and performances from which the leave has been requested (i.e: leave without pay for individual services shall be at the sole discretion of the Conductor involved). For the purposes of this agreement, a run is defined as all performances and rehearsals associated with a particular musical programme (such as Gift of Music, Runouts of Holiday concerts, Community Concerts), which will not exceed seven (7) days in duration, and orchestral educational concerts which shall be two (2) weeks in duration.

(b) If any musician requesting an absence, not due to illness, submits such request in writing not later than two (2) weeks but less than twenty-one (21) days prior to the leave date, the leave will be granted when an available substitute is located by the Musician, who shall forward the name of the proposed substitute to the Personnel Manager. It is agreed that "available" means that the recommended substitute will accept the engagement within 24 hours of the musician's phone call to the Personnel Manager. It is further understood that the musician requesting the leave will recommend only highly qualified substitutes who meet the professional standard, which prevails in the Windsor Symphony. It is also understood that, with the exception of small string ensemble services (5 players or less) and in cases where the Conductor of the subject service(s) otherwise approves, the leave will apply to all services associated with the preparation and performance of the designated performance or run of rehearsals and performances from which the leave has been requested (i.e: leave without pay for individual services shall be at the sole discretion of the Conductor involved). For the purposes of this agreement, a run is defined as all performances and rehearsals associated with a particular musical programme (such as Gift of Music, Runouts of Holiday concerts, Community Concerts), which will not exceed seven (7) days m duration, and orchestral educational concerts which shall be two (2) weeks in duration.

(c) If, at the end of any concert season, a Per Service musician has not performed twenty (20) percent of his/her guaranteed number of services in that season or, in the case of ECO musicians, an ECO musician has not performed, within subscription concerts, twenty (20) percent of his/her guaranteed number of services in that season, the musician will be considered to have been granted a Long-Term Leave of Absence, if eligible. Unused services to the guarantee will not be paid. If the musician is ineligible for a Long-Term Leave of Absence, the option to cancel the musician's contract of services for the following season will rest with the Music Director and/or Executive Director. Services missed due to Sick Leave, Maternity Leave or Parental Leave, as well as those missed by ECO musicians when repertoire or schedule changes result in their not being required, will not count as declined services for the purpose of calculating the service counts mentioned above.

Subscription concerts are defined as those concerts listed in the WSO's season brochure. This includes special concerts marketed specifically as add-ons to subscription packages (i.e: Messiah) as well as Chamber Music services as defined in Article IV 2(c).

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Rehearsed Sub

5. ECO musicians shall have the option of providing a rehearsed sub, acceptable to the Society, for Community and Small Ensemble concerts. With the prior approval of the Conductor of the program, which shall be obtained through the Society, rehearsed subs may also be provided for School concerts.

(a) The rehearsed sub shall be required at all rehearsals associated with the performance of a program.

(b) The musician shall bear the cost of engaging the rehearsed sub for rehearsals, at the same service rate that the ECO musician would have been paid or credited. The Society will pay the rehearsed sub by docking the ECO musician one additional service fee for each rehearsal service the sub is required to attend.

Exchange of Serv.ices

6. ECO string musicians are permitted to exchange services for Small Ensemble performances under the following guidelines:

(a) Both the original scheduled musician and the musician playing the service must provide confirmation to the Personnel Manager in writing or by E-mail and such confirmations shall, except in emergencies, be provided not less than seven (7) days prior to the service.

(b) The Musician playing the service will receive credit for that service.

(c) The original scheduled musician will not be docked for that service.

(d) The musician playing the service will receive any travel expenses incurred.

(e) Tracking services exchanged is the responsibility of the musicians who exchange those services and the Society assumes no responsibility for any resultant imbalance in work load.

Long-Term Leave of Absence

7. A tenured or regular status musician will be granted an initial leave of absence of up to one (1) year when he/she gives written notice to the Executive Director prior to February 1 for a leave, which would start the following season. Subsequent leaves of absence will be granted provided the musician has completed not less than seven (7) years of service following the last such leave, the same notice requirement to apply. If a tenured or regular status musician should request more frequent long-term leave(s) of absence, he/she may apply for said leave(s) to the Music Director and the Executive Director in writing prior to February 1st for a leave which would start the following season.

(a) All applications will be received by the Executive Director who shall request a meeting within fifteen (15) days with the musician, the Music Director, the Executive Director and the Chair of the Orchestra Committee. The Music Director shall make the final decision and shall communicate the decision to the musician in writing within (30) days. Approval shall not be unreasonably withheld. Special consideration shall be given to Long-Term Leave of Absence requests for the purpose of moving to a new performance opportunity.

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(b) A musician on a Long Term Leave of Absence shall be guaranteed his/her same position in the Orchestra upon completion ofhis/her leave.

(c) During a musician's Long-Term Leave of Absence, the Society will hire a replacement musician on an interim contract at the rate of pay and guaranteed services for that position as per the applicable Schedule (A or B).

(d) A musician on Long-Term Leave of Absence shall give notice of his/her intent to return to the Orchestra by January 15th in the season ofthe said leave.

Pension

8. In addition to the musician's basic fee, the Society agrees to pay a percentage of the total earnings including services above the guarantee for each Musician to the Musicians' Pension Fund of Canada as follows:

2015-2016 at a rate of7.0% 2016-2017 at a rate of7.0%

(a) Pension at the rates noted above shall be paid on behalf of all musicians (including subs and extras) engaged by the Society.

(b) Pension payments shall be forwarded monthly to the Musicians' Pension Fund of Canada., 2255 Sheppard Ave. East, Suite AllO, North York, Ontario, Canada M2J 4Yl to be processed according to the Trust Agreement of the Pension Plan.

Steward's Duties

9. (a) At all rehearsals and concerts there shall be a steward in attendance who shall be a member of the Orchestra. For his/her services as steward he/she shall receive in addition to his/her regular per service fee, no less than ten (10) percent of the weekly section core to be paid for each week of the season.

(b) The steward shall be elected by the contracted members of the Orchestra and shall act as the representative of the Federation and as intermediary between the musicians and the Federation.

(c) In the event that the steward is unable to attend a service, an acting steward shall be appointed from the Orchestra by the steward. The Society shall be informed of the change as soon as possible but in any event not later than the said service. The Society shall be notified as to the steward's return.

Conditions of Performance

10. (a) The Society will provide adequate facilities for the health, safety, comfort and convenience of the player (including suitable seating, lighting and room temperature) in any location in which the player performs. Additionally, the Society shall provide a temperature of at least 20 C and no more than 27 C on all orchestral services. The Orchestra Committee may, on behalf of the players decline to play should the temperature be less than 20 Cor more than 27 C following consultation with the Management Representative. A humidifier shall be provided when on-site instrument storage is provided.

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(b) For all outdoor services an overhead shelter shall be provided for the stage.

(c) The Society shall provide adequate and sufficient music parts fully bowed for all services at least fourteen (14) days in advance ofthe first scheduled rehearsals. In the case of out-of­town Musicians, steps must be taken to ensure that the music is delivered in accordance with this provision. Further, it is recognized that in certain Pops concerts, where the charts are coming with the Guest Artist, there may be circumstances beyond the control of the Society where such music may not be available until the arrival of the Artist.

(d) Should any special effects (sound, lighting, etc.) be required for use during the performances or rehearsals, a management representative shall consult with the Orchestra Committee before the first service during which the special effects are to be used.

(e) There shall be no smoking where the orchestra rehearses or performs during any service, except as in designated areas.

(f) Unless otherwise specified by the conductor or the Society with the concurrence of the Orchestra Committee, the dress code for performances shall be as follows:

Women On Stage

Pit

On Stage

Pit

Any full length black or three quarter length black garment including black shoes and stockings.

Any black. Tee shirts, jeans and chinos are not considered acceptable.

Black tails including black shoes and stockings and white bow tie. For Pops, tux with white shirt, black shoes and stocking and black bow-tie. Business suits may be worn as an option, which is to be announced by the Personnel Manager at time of bookings.

Any black. Tee shirts, jeans and chinos are not considered acceptable.

For Family concerts, (Men and Women), The Society will inform of dress code at time of booking. Society may choose to provide coloured WSO T -shirts or choose to indicate that costumes are optional.

Orchestra and Federation/Society Committees

II. (a) There shall be an Orchestra Committee recognized by the Society and elected solely from the contracted members of the Orchestra. The purpose of this committee is to represent the musicians, act as liaison between the musicians and the Society in all matters, and arrange the formation of the musicians' negotiating and tenure/regular status committees. Orchestra Committee decisions that have Local approval shall be binding.

(b) There shall be a Joint Health and Safety Committee (JHSC) in accordance with the Ontario Occupational Health and Safety Act.

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Photocall Announcement

12. The Society shall have the option of designating up to two regularly scheduled services during the season for photocall for the purpose of obtaining photographs/video/film clips of the Orchestra. Such video or film clip will be used only for promotional or publicity purposes and shall not be or become part of a product that is sold or licensed to a third party. All musicians will be required to remain for one half hour immediately following a service subject to a maximum of three hours from the beginning of a service for photocall. The service(s) to be designated for photocall will be established on seven (7) days notice. Musicians will be notified by the Personnel Manager.

e.g. : 1 Formal Dress

VIII STEP-UP REVIEW

1 Rehearsal Dress for informal shot 1 ECO session

In order to allow for professional development opportunities for Windsor Symphony mustctans, the following Step-up Review procedure shall apply at the option of the musician, for the purpose of determining whether the musician will be stepped up on a regular basis, when a substitute for the Principal of the Player's section is needed.

1. A second-chair contracted musician who has been contracted for a minimum of two seasons with the orchestra, may request a Step-up Review before Oct. 31 or during the month of March in any given season. The request should be made to the Personnel Manager or Director of Operations who will inform the Executive Director and Music Director. A majority of the Review Committee and /or the Music Director may request an audition performance as part of the review procedure.

2. A meeting of the Review Committee shall be convened at the first availability of a quorum. The composition of this committee shall be the same as that of the appropriate Audition committee for the second-chair position. A representative of the instrument being reviewed need not be present, and substitutes may not be appointed.

3. The Review Committee shall vote by secret ballot. "Regular Step-up" status will be granted to a player who receives approval from 2/3 of the review committee. Discussion may take place prior to the vote.

4. A "no" vote shall in no way be construed as advice against further offers of"step-up" services to the musician who was reviewed. In the event of a "yes" vote, all services after a period of 30 days, for which a substitute is needed, will be offered, and any other available services within 30 days.

5. A player undergoing the review will be given feedback by members of the committee with the chair of the players' committee present. In the event of a "no" vote, the player may request an advisory meeting with the chair of the players' committee, the Music Director and the Executive Director to be advised as to a reasonable level of expectation for on-going offers of discretionary "step-up" services.

6. In the event of a "no" vote resulting from an initial "Regular Step-up" status review, the musician may reapply one time only. The second application must be made within twelve months following the committee's decision.

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7. If a player is granted "step-up status" at the point of hiring, it is understood that tenure review will include "Regular Step-up" status. A musician who is granted tenure/regular status as 2nd Chair, but who is denied "Regular Step-up" status at the point of the tenure decision, is eligible for an initial "Regular Step-up" review and may thereafter apply for an additional review as per Article VIII 1-6 above.

8. Regular step-up will be subject to a probationary period of at least two seasons.

9. Evaluation of the Regular step-up status will be conducted by the Music Director by April 30 of the first season.

10. Regular Step-up status may be granted during the second consecutive season following a formal evaluation by a musicians' review committee, and a decision at the sole discretion of the Music Director.

11. A decision by the Society to terminate a musician's Regular Step-up status may be appealed in accordance with the procedure for appealing the dismissal of a Regular Status musician as outlined in Article XII.

IX OUT -OF-TOWN ENGAGEMENTS

Runouts

I. (a) A runout is a trip to a town or community sufficiently close to Windsor to enable the musicians to travel to the place of the concert and return to Windsor following the concert without requiring overnight accommodation.

(b) Every reasonable measure will be taken to ensure that the musicians will return to Windsor by 12:30 a.m. on any runout. When the musicians return later than this, they shall be paid overtime, based on scale and computed in thirty (30) minute segments.

(c) During bus trips of two (2) hours or more in length, there shall be a rest period of not less than twenty (20) minutes during each two (2) hour period at a location with toilet facilities and restaurant or convenience store where beverages and food are available.

(d) The Society shall provide safe transportation for all instruments.

(e) All transportation on buses shall be on those that are equal in comfort, conditions and safety to those used by first class bus companies and they shall be equipped with heat, air conditioning, separate luggage quarters and seating accommodation for every member of the orchestra and large instruments (double bass, cello, tuba). The Society shall provide buses that are equipped with toilet facilities. There shall be no smoking on the buses.

(f) When musicians travel on their own, they shall be responsible for their own safety.

(g) Seven (7) days prior to any runout the Society will provide each musician with a schedule containing travel times and stating the point of departure and destination.

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(h) Mealtimes shall be defined as 8:59am. for breakfast, 12:00 noon for lunch and 6:00p.m. for supper. In the event that any of the said times are included in the period from the scheduled departure to actual return of a runout, the Society shall reimburse each musician participating in such runout according to the per diem breakdown listed in this agreement.

(i) The scheduled departure time for any runout shall not be prior to 9:00 a.m. (except for school concerts, where the scheduled departure time shall not be prior to 8:00 a.m., provided that if the scheduled departure time is prior to 8:59 a.m., the applicable breakfast per diem shall be paid).

(j) The Society may schedule a maximum of two services in one day, no more than one of which may be a runout, save and except that either (i) an out-of-town rehearsal and concert or (ii) two (2) out-of-town concerts may be scheduled on the same day. If both services are in the same municipality and, if more than one (1) educational concert is scheduled, all such educational concerts are in the same hall; provided, however, that the right to schedule two (2) out-of-town concerts on the same day may not be exercised on more than three (3) occasions during the season.

(k) i) Overtime shall be paid pro rata when the total daily call hours, inclusive of travel time, exceed nine (9) hours.

ii) Should a runout departure be scheduled five hours prior to concert time, overtime will not be paid but the runout shall constitute two services.

iii) For runouts that require a total travel time of three (3) hours or more, each musician shall be paid a flat fee in the amount of 25% of his/her service fee.

(1) Any rehearsal service held during a runout shall be completed at least two and a half hours (2 ~)hours before the concert, except after consultation with the Orchestra Committee.

(m) i) The Society shall schedule arrival at a concert hall not more than sixty (60) minutes and no less than thirty (30) minutes prior to concert time or acoustic rehearsal.

ii) In the event that a concert is played other than at the Capitol Theatre, the Music Director shall be entitled to schedule an acoustic rehearsal for a period of one half (~) hour on the day of the scheduled concert and the acoustic rehearsal, together with the concert, shall be deemed to be one service. In the event that overtime occurs, with respect to any concert preceded by an acoustic rehearsal, payment for overtime shall be at overtime rates. The aforesaid acoustic rehearsal shall be scheduled not more than one hour prior to the time of commencement of the concert.

(n) The Society may schedule (i) up to four runouts in each of any two (2) work weeks, provided that such work weeks are not consecutive (ii) up to three (3) runouts in any other work week.

(o) The Society may schedule up to four (4) consecutive runouts if followed by a non-service day.

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2.

(p) For runouts, the musician shall not be required to travel in any charter conveyance when regular public transportation between the points being travelled ceases because of inclement weather or disaster. In the case of runouts for which a musician is required to provide his/her own transportation, no musician shall be required to do so when driving conditions have been declared hazardous by the appropriate law enforcement agency. It is understood the musicians providing their own transportation shall travel at their own risk. No services shall be scheduled within twelve ( 12) hours of a return from a run out with a return time of 12:30 a.m. or later.

(q) For all out-of-town engagements outside the borders of Canada, the Society shall make all necessary Visa arrangements with the Immigration authorities of the country the musician(s) will be entering. Copies of all approved Visa forms shall be sent to the Federation and to each musician whose name appears on the Visa, a minimum of fourteen (14) days in advance of leaving Canada. In the event that any mandatory medical insurance and/or any other costs are necessary to arrange legal entry in the country in question the Society shall pay the costs.

(a) A tour is a trip requiring overnight accommodation for one ( 1) or more nights.

(b) Travel will not begin before 9:00 a.m. nor continue after 12:00 midnight unless with the advance consent of the Orchestra Committee.

(c) All transportation on buses shall be on those that are equal in comfort, conditions and safety to those used by first class bus companies and they shall be equipped with heat, air conditioning, separate luggage quarters and seating accommodation for every member of the Orchestra and large instruments (double bass, cello, tuba). The Society shall provide buses that are equipped with toilet facilities .

(d) i) Travel by bus on a tour day shall not exceed six (6) hours inclusive of rest stops, exclusive of meal stops.

ii) While no limitation shall exist for inter or transcontinental air travel or where pullman accommodation has been provided, the Society must plan such travel in keeping with the Orchestra's performance schedule.

(e) Trains shall be used for long distance when poor weather is a limiting factor, although sleeping accommodation must be provided when overnight travel is necessary.

(f) Thirty (30) days prior to a tour the Society will provide each musician with a schedule containing performance locations and times and all other pertinent information. The schedule will be discussed with the Orchestra Committee before being posted.

(g) The details of any international tour shall be settled by negotiation in advance between the Society and the Federation and the Orchestra Committee.

(h) On tour, there may be no more than six (6) consecutive service days without one (1) day off.

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(i) There may be no more than eight (8) services in any seven (7) day period on tour although nine (9) may be scheduled if the Orchestra is resident in one centre for two (2) or more days without travel.

(j) Any rehearsal or matinee performance on tour shall be followed by at least two and one half (2 'li) free hours prior to the commencement of an evening performance.

(k) The Executive Director or another member of the administrative staff designated by the Executive Director shall accompany the musicians on all tours.

(I) i) Overnight accommodation shall be provided at the Society's expense in quality hotels and motels.

ii) Pullman or hotel accommodation must be provided after 12:01 a.m.

(m) The Society agrees to insure the life of each musician against accidental loss of life or limb in the amount of$100,000.00 while on tour.

(n) During tours outside of Canada and the United States, the Society shall provide Blue Cross or similar health coverage, and carry a substantial bond for use in the event of illness. (The inclusion of this clause is subject to the length of this agreement.)

( o) The Society shall endeavor to retain the services of a medical practitioner while on tour outside the boundaries of Canada and the United States or make the necessary contacts at each centre on such a tour through the Canadian or British Embassies to arrange access to competent medical care in the event of unforeseen illness.

(p) During tours, there shall be no travel on a day off.

(q) The Society shall schedule arrival at a concert hall no more than sixty (60) minutes and no less than thirty (30) minutes prior to concert time.

(r) Meal stops of a minimum of one (I) hour shall be scheduled and not to be included in travel time;

i) if departure is between 9:00 a.m. and 12:00 noon, meals are to be taken no earlier than 11 :30 a.m. and no later than 1:30 p.m.

ii) if departure is between 12:00 noon and 5:30 p.m., meals are to be taken no earlier than 4:30p.m. and no later than 6:30 p.m.

(s) For tours, the musician shall not be required to travel in any charter conveyance when regular public transportation between the points being travelled ceases because of inclement weather or disaster. In the case of tours for which a musician is required to provide his/her own transportation, no musician shall be required to do so when driving conditions have been declared hazardous by the appropriate law enforcement agency. It is understood the musicians providing their own transportation shall travel at their own risk. No services shall be scheduled within twelve (12) hours of a return from a tour with a return time of 12:30 a.m. or later.

(t) Any Per Service musician who is unable to go on tour will not be penalized.

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X BROADCASTS AND RECORDING

I. In the case of local radio and television, the fees and conditions in the applicable American Federation Agreement governing such services will prevail, it being understood that the minimum fee for each musician shall not be less than the musician's contracted fee under this agreement. Any recording, broadcasting, or filming of the Orchestra shall be done under the applicable agreement of the A.F.M. as negotiated by the Vice-President ofthe A.F.M. of Canada.

2. The fees and conditions in the applicable agreement negotiated by the American Federation of Musicians of the United States and Canada shall govern all broadcasting, recording and filming. All services performed by the musicians in respect of broadcasts, recordings or filming will be paid for in addition to the services required to be performed by the musician under this agreement.

3. The filming of the Orchestra will be permitted, provided that the purpose of such filming or taping is for news/film clips, which shall not exceed two (2) minutes. The Society shall provide prior notice to the Orchestra Chair or designate as soon as practical but in any event before such recording or filming takes place.

4. The recording of the orchestra will be permitted without remuneration for the purpose of providing audio recordings for orchestra grant application requirements. The Society shall provide prior notice to the Orchestra Committee chair or designate as soon as practical but, in any event, before such recording takes place.

5. The Society may designate a qualified person to make archival study audio recordings of previously designated orchestra rehearsals or performances. In the event that archival study audio recordings are made, said tapes shall remain at all times in the custody of the Society.

The Society will not duplicate, nor permit duplication of any archival audio recordings, nor will it allow any use of an archival study audio recordings for purposes other than review by the Conductor/Music Director and members of the orchestra.

Archival study audio recordings shall be available at all times during normal business hours in the Society's office for the Conductor/Music Director and members of the orchestra, and other authorized personnel as mutually agreed upon by the Society, Committee and Local Union, to review and study. Audio recordings are not allowed to leave the Society's office except under the following conditions: Copies of audio recordings may be provided to composers or soloists provided they sign the appropriate AF of M agreement. A fee of $150.00 will be payable by the artist to the Windsor Symphony Players Association, except that the fee for contracted Windsor Symphony musicians will be $25.00.

Archival study audio recordings shall not ever be used as evidence in any disciplinary demotion, reseating, or dismissal proceeding.

6. Should any recording created under the terms of this Agreement ever be utilized for any purpose not explicitly set forth herein, including, but not limited to grant application, displacement of musicians in rehearsal or performance, demonstration or marketing of services or product by any group or individual, local or national broadcast, phonograph records, promos or commercial announcements, or background music for any type of sound or film program, the Society shall obligate itself to enter into and fulfill all conditions required by the appropriate agreement of the American Federation of Musicians, including, but not limited to the payment of prevailing wages and allied fringe benefits outlined therein.

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XI AUDITIONS

l. (a) The auditioning of members of the Orchestra or applicants to the Orchestra shall be the responsibility of the Executive Director or his/her duly appointed substitute, Music Director or his/her duly appointed substitute, and the duly appointed Audition Committee. The purpose of an audition for a vacancy is to find the best qualified player who will contribute to the maintenance or improvement of the standard of excellence of the Orchestra. The audition shall be held first nationally and then internationally. Auditions shall be held as soon as practicably possible after it becomes known to the society that there is or will be a vacancy or after a previous level of audition fails to produce an approved successful candidate.

(b) Should any of the positions listed in Schedule A or Schedule B of this Agreement become vacant under the terms of this agreement, or new positions be added to Schedule B, the vacant or new position shall be filled by audition and announced as follows:

i) notice posted on Orchestra bulletin board and symphony office;

ii) E-mail notice to all ECO, Per Service and Regular Extra Musicians for whom the Society has an E-mail address;

iii) advertisement in Federation 566 Newsletter;

iv) for National and International auditions, in Opus; for International audition, in the International Musician;

v) all announcements must include a "Deadline Date" for receipt of applications and resumes (seven (7) days prior);

vi) all announcements regarding the auditioning of musicians must state if the positions are permanent or time-limited.

Intra-Orchestra Auditions

2. (a)

(b)

Rather than holding Intra-Orchestra auditions, contracted players (of any citizenship) will be given an automatic pass into the second round of the audition. Each player will still be given the choice to play the first round.

The Audition Committee as notified by the Society may also elect, by majority vote, to give non-contracted musicians an automatic pass into the second round of the audition. The Committee shall have seventy-two (72) hours from time of notification to forward the names of eligible musicians to the Director of Operations. It is understood by all parties that for National level auditions, non­contracted musicians must have Canadian citizenship or Permanent Resident Status in order to be eligible to receive an automatic pass to the second round.

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National and International Auditions

3. In the case ofNational auditions (open only to Canadian citizens and those with Permanent Resident Status), notice shall be provided in accordance with the Orchestras Canada Openings, at least forty­two ( 42) days in advance of the audition. Auditions shall not be scheduled during the Audition Committee's scheduled time off.

4. A vacancy shall be defined as: an unfilled or newly created position having a duration of either one full season or, in the case of unfilled vacancies or newly created positions being auditioned during the season, for the duration of the season.

5. (a) The Personnel Manager, or the duly appointed representative of management, shall be responsible for procedures and direction of auditions. A representative of the Orchestra Committee shall be entitled to attend all auditions. There will be no service fee or service credit for the Orchestra Committee member associated with this service. The Personnel Manager and the Orchestra Committee member attending this service shall have no vote.

(b) Auditions shall be held for all vacancies. Wherever the vacancy is for a principal position, the assistant or second chair ofthe applicable section shall be part of the audition committee when possible, or when not auditioning for the position.

VACANCY

String & Harp

Brass or Wind

Percussion/Timpani

AUDITION COMMITTEE MEMBERS

Music Director (or Assistant Conductor In-Residence), Concertmaster, all Principal Strings, one (1) Principal Brass and one (1) Principal Woodwind

Music Director (or Assistant Conductor In-Residence), Concertmaster, all Principal Brass and Woodwind players and one (1) Principal String

Music Director (or Assistant Conductor In-Residence), Concertmaster, two (2) Principal Strings, one (1) Principal Brass, one (1) Principal Woodwind and (I) Percussion and/or one ( 1) Timpani player

(c) The quorum for all auditions shall be seven (7) Committee members. Each Committee member shall have one (1) vote.

(d) In the event that an appointed Audition Committee member is unavailable to attend an audition, a substitute may be appointed. Whenever possible at least one (1) representative of the instrument being auditioned must be in attendance.

(e) All efforts will be made to avoid conflicts of interest in the selection of the Committee.

(f) If an advertised position is filled from within the orchestra, the audition committee can award the vacated position to the runner up.

6. An audition repertoire list shall be compiled by the principal of the appropriate section with the concurrence of the Music Director. The audition list shall be made available upon the candidates' application for the position. The principal shall be given the opportunity to review the repertoire list

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7.

prior to each announcement. For the Audition Committee, the list shall be made in the form of an audition book, which shall contain copies of each piece from the list with the excerpts to be performed clearly marked. This book shall be approved by the applicable principal one (1) week prior to commencement of auditions.

(a) A screen shall be used for all rounds. Votes shall be taken without discussion between preliminary and secondary rounds, by secret ballot.

(b) A solo piece and/or excerpts may be asked on each round.

(c) One (I) hour before auditions commence, warm-up facilities shall be provided for all candidates.

(d) The order of candidates shall be decided by the drawing of lots, one (1) hour before auditions commence.

(e) In cases of auditions requiring more than one instrument, the candidate must be notified of the order in which the instruments are being auditioned and which round, a minimum of one (1) hour before commencement of the audition.

(t) For Round One, balloting by secret ballot will be Yes/No to pass to the next round. The majority required is fifty-one percent (51%) to pass to a further round of consideration.

(g) For Round Two, lots will be redrawn, and balloting by secret ballot will be Yes/No for the position being auditioned.

(h) Candidates shall pass to subsequent rounds only with a majority vote. A tie vote shall be deemed a negative vote.

(i) If an excessive number of candidates audition for a position, the Audition Committee shall have the option of going to a subsequent round (i.e., preliminaries, semi-finals, finals), under the same conditions as Round Two.

G) A final Round will be held. Voting by secret ballot, the Committee members shall determine the successful candidate by voting for a single candidate of their choice. The candidate receiving the highest number of votes will be deemed the successful finalist.

(k) The Committee members shall then vote, by secret ballot, to determine whether or not a contract will be offered to the successful finalist. A contract shall be offered to the successful finalist who receives the approval of at least two-thirds (2/3) of the Audition Committee.

(I) The Committee may determine and designate an approved runner-up by applying the procedures in G) and (k) above to the remaining candidate(s) in the final round. If the successful finalist declines a contract offer, or vacates the position within twelve (12) months after accepting the contract, the contract may then be offered to the approved runner-up without further audition.

(m) Unsuccessful candidates will be notified of the results immediately.

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(n) For second chair positions: After approving a successful finalist, the Committee shall vote again to determine whether the musician's personal services contract shall specifY that the musician will be offered all services for which a substitute for the Principal of the players' section is needed ("Regular step-up status"). A two-thirds vote of approval is required in order for this right to be extended to the successful candidate.

( o) Unsuccessful candidates may request and receive informal feedback from the Audition Committee and/or the Music Director.

Remuneration and Working Conditions for Committee

8. (a) All members of the Audition Committee shall be remunerated at the following rate: One (1) service credit for each audition period. (An audition period shall be deemed to be a maximum of four ( 4) hours in length, or any part thereof.) No auditioning shall continue for more than four ( 4) hours without a meal break. The lunch break is to be of a period of one (1) hour. The dinner break is to be a period of two (2) hours. If, under unusual circumstances the meal break is withheld, the per service rate shall be doubled until such time as a meal break is introduced. Further to this all auditions must not run past a period of eight (8) hours on any one (1) day of audition, exclusive of meal breaks. (Per diem meal expenses as per this agreement.)

(b) No auditioning shall continue past a two (2) hour period without a fifteen (15) minute break.

(c) In the event of a third audition period, that period will be a double service credit and a maximum of two and one half(2Y2) hours. In the event that auditions are to continue beyond 6 p.m., a two (2) hour dinner break must be given the committee at that time, any auditioning after the dinner break must not exceed one (1) hour, and the Committee members must be credited for a double service.

XII ENGAGEMENT

I. All musicians will be provided with a copy of the applicable Master Agreement before being asked to sign a contract.

2. Each Musician shall, as a condition of service, be and remain a member in good standing of the Federation for the duration of this agreement.

3. Any member or members of the Federation who are parties to or affected by this agreement, whose services thereunder are covered thereby, are prevented, suspended or stopped by reason of any strike, ban, unfair list order or requirement of the Federation, shall be free to accept and engage in other employment of the same or similar character or otherwise for other employers or person without restraint, hindrance, penalty, obligation or liability whatsoever, any other provisions of this agreement to the contrary notwithstanding.

4. As condition of service, each contracted orchestra member shall enter into a personal service contract with the Society indicating fee per service, number of services, position in the Orchestra including step-up status if applicable, and stating if probationary. Personal service contracts shall incorporate the terms of the Master agreement entered into between the Federation and the Society.

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Resignation

5. A player who gives notice of resignation to the Society shall forward a copy of said resignation to the Federation. All notice of resignation must be made in writing.

XIII PROBATION, TENURE/ REGULAR STATUS AND NON-RENEWAL OF CONTRACT

ECO Musicians:

1. An ECO musician shall be hired under a probationary contract for the first and second year.

2. Tenure may be offered to ECO musicians during their second consecutive year. A year is defined as the length of one (1) season.

3. Evaluation of ECO musicians on probation shall be conducted by the Music Director by February 1st

of their first year.

4. Before January 151h of the second year, a committee of five (5) tenured musicians shall be elected by the orchestra for each musician who is under review. All tenured musicians are automatically nominees. If these positions cannot be filled, a tenured musician (either wind or string) will be elected by the orchestra. The tenure committee shall advise the Music Director, in writing, of its evaluation ofECO musicians being considered for tenure. A copy of the committee's evaluation and advice to the Music Director in respect of the musician in question shall be made available to the musician, upon the musician's request. Should the committee advise unanimously against the granting of tenure, and the Music Director subsequently decides in his/her sole discretion not to grant tenure, the musician in question shall have no right of appeal.

5. By February 1st of the second year of the ECO musician's probationary contract, the Music Director shall inform the musician of his/her decision to grant tenure to the musician or to non­renew the musician's contract. A copy of the decision shall also be sent to the Federation.

6. If the Music Director decides to grant renewal of the musician's contract for a third probationary year, she/he shall give the musician a written evaluation not later than March 15 of the second year outlining any problem areas and suggestions for improvement to enable the musician to make the necessary corrections.

Appeal from Non-renewal of Contract- ECO Musicians

7. Any ECO musician who receives a letter of non-renewal when eligible for tenure may appeal her/his non-renewal by written notice to the Music Director, Executive Director, and representative of the Federation by February 15.

8. The relevant audition committee, with the exception of the Music Director, shall be constituted as an Appeal Committee and shall select from the committee members a chairperson. If for any reason the Appeal Committee cannot be fully constituted as outlined, necessary substitutes from the orchestra shall be elected by the orchestra. Any ECO musician who is eligible for tenure and receives a letter of non-renewal cannot sit on the Appeal Committee. One representative of the Federation, one representative of the Society and the Music Director are entitled to be present but will have no vote.

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9. The appealing ECO musician shall have the right to call an audition to take place before March 1. The Appeal Committee shall endeavour to meet before March 6.

10. After hearing the appealing musician's audition, or in cases where an audition does not take place, after hearing the appealing musician's and the Music Director's case, the voting members of the Appeal Committee will go into in-camera discussion. The decision of the Appeal Committee to renew or dismiss the musician shall be conducted by secret ballot. Each voting member has one ( 1) vote. If there is a vote of two-thirds (2/3) or more in favour of the musician under appeal, the Appeal Committee's decision shall be upheld over that of the Music Director. If the vote of the Appeal Committee is less than two-thirds (2/3) in favour of the appealing musician, the decision of the Music Director shall be upheld. In either case, the decision of the Appeal Committee shall be final and binding.

Per Service Musicians:

11. A Per Service musician shall be hired under a probationary contract for at least two and at most three seasons.

12. Evaluation of Per Service musicians on probation shall be conducted by the Music Director by April 30 of the first season.

13 . A Per Service musician may be granted regular status during his/her second consecutive season following a formal evaluation by a musicians review committee, and a decision at the sole discretion of the Music Director. In the event that regular status is not granted during a Per Service musician's second season, a contract may be offered for a third probationary year.

14. Before February 1 of the second season, a contract review committee of five (5) tenured or regular status musicians shall be elected by the orchestra for each musician who is under review. The committee shall advise the Music Director, in writing, of its evaluation of each musician under review. A copy of the committee's evaluation may be available to the musician, upon the musician's request. Should the review committee advise unanimously against a renewal of the contract, and should the Music Director decide not to renew the contract, the musician in question shall have no right to appeal.

15 . By February 15 of a Per Service musician's second season, the Music Director shall inform the musician of his/her decision to grant regular status, to not renew the contract, or to renew a probationary contract. By February 1 of a musician's third probationary season, the Music Director shall inform the musician of his/her decision to grant regular status, or to not renew the contract.

16. If the Music Director decides to grant renewal of the musician's contract for a third probationary year, she/he shall give the musician a written evaluation not later than March 30 of the second season. The evaluation shall identifY any perceived problems, and suggestions for improvement, to enable the musician to make any desired adjustment.

17. It is understood that a musician will have played one "full" season if contracted before December 1 of that season.

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Appeal from Non-Renewal of Contract- Per Service

18. Any Per Service musician who receives a letter of non-renewal when eligible for regular status may appeal his/her non-renewal by written notice to the Music Director, Executive Director, and representative of the Federation by March 1.

19. The relevant audition committee, with the exception of the Music Director, shall be constituted as an Appeal Committee and shall select from the committee members a chairperson. If for any reason the Appeal Committee cannot be fully constituted as outlined, necessary substitutes from the orchestra shall be elected by the orchestra. Any Per Service musician who is eligible for regular status and receives a letter of non-renewal cannot sit on the Appeal Committee. One representative of the Federation, one representative of the Society and the Music Director are entitled to be present but will have no vote.

20. The appealing Per Service musician shall have the right to call an audition to take place before March 15. The Appeal Committee shall endeavor to meet before March 21.

21. After hearing the appealing musician's audition or in cases where an audition does not take place, after hearing the appealing musician's and the Music Director' s case, the voting members of the

Appeal Committee will go into in-camera discussion. The decision of the Appeal Committee to renew or dismiss the musician shall be conducted by secret ballot. Each voting member has one (I) vote. If there is a vote of two-thirds (2/3) or more in favour of the musician under appeal, the Appeal Committee's decision shall be upheld over that of the Music Director. If the vote of the Appeal Committee is less than two-thirds (2/3) in favour of the appealing musician, the decision of the Music Director shall be upheld. In either case, the decision of the Appeal Committee shall be final and binding.

Conflict Of Interest

22. Members of the Tenure Committee and/or Regular Status Review Committee and audition committees must deal with each other "at arm's length," e.g. not related by blood or marriage or domestic or business partnership.

Dismissal of a Tenured or Regular Status Musician

Termination of Tenured or Regular Status Musician for Musical Reasons

23 . If the Music Director determines in her/his judgment that the musical competence or reliability of a member of the Orchestra is unsatisfactory for his or her position, the Music Director shall meet with the musician in question prior to the end of the concert season but not later than February I (ECO musicians) or February 15 (Per Service musicians), to inform the musician that his/her performance is unsatisfactory. This meeting shall be attended by the Chair or a representative of the Orchestra Committee and a representative of the Society. If the musician in question decides to renew his/her contract for the following season, he/she shall automatically be placed on probation from the start of the new season for a period of up to four (4) months. If, during this period, the musician's performance has not improved to the satisfaction of the Music Director, a letter of dismissal, signed by the Music Director and the Executive Director, shall be sent to the musician. A copy of this letter shall be sent to the President of the Local and the Chair of the Orchestra Committee. Such letter of dismissal shall be mailed not later than February I (ECO musicians) or February 15 (Per Service Musicians).

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24. If the musician's performance has improved sufficiently, a letter signed by the Music Director, indicating that the musician's performance is acceptable shall be sent to the musician. A copy of this letter shall be sent to the President of the Local and the Chair of the Orchestra Committee. Such letter of acceptability shall be mailed not later than February 1 (ECO musicians) or February 15 (Per Service musicians).

25. Any Tenured and/or Regular Status musician who receives a letter of dismissal may appeal his/her dismissal by written notice of appeal to be delivered to the Music Director within two (2) weeks of receipt of the letter of dismissal. Copies of the written notice of appeal shall be delivered to the Executive Director, the representative of the Federation and the Chair of the Orchestra Committee.

26. The Appeal Committee shall be constituted by seven (7) tenured and/or regular status musicians elected by the Orchestra. If for any reason the Appeal Committee cannot be fully constituted as outlined, necessary substitutes from the Orchestra shall be elected by the Orchestra. One representative of the Federation, one representative ofthe Society and the Music Director are entitled to be present but will have no vote.

27. The appealing tenured musician shall have the right to call an audition to take place before March 7. The Appeal Committee shall endeavour to meet before March 13.

28. The appealing regular status musician shall have the right to call an audition to take place before March 21. The Appeal Committee shall endeavour to meet before March 28.

29. After hearing the appealing musician audition or, in cases where an audition does not take place, after hearing the appealing musician's and the Music Director's case, the voting members of the Appeal Committee will go into in-camera discussion. The decision of the Appeal Committee to renew or dismiss the musician shall be conducted by secret ballot.

30. Each voting member has one (1) vote. If there is a majority vote (51%) in favour of the musician under appeal, the Appeal Committee's decision shall be upheld over that of the Music Director. If the vote of the Appeal Committee is less than 51% in favour of the appealing musician, the decision of the Music Director shall be upheld. In either case, the decision of the Appeal Committee shall be final and binding.

Dismissal of a Tenured or Regular Status Musician for Non-musical Reasons

31. A tenured or regular status player may be dismissed for non-musical reasons for just cause. Where just cause is asserted, the following steps must have been followed:

a) The Music Director and /or Executive Director must give the musician a verbal warning in the presence of the Union Steward. The warning shall be followed by a written notice from the Executive Director, to the musician and copied to the Federation, stating the objectionable conduct and the Society's expectations regarding future deportment in this regard; (Although such written notice shall not be required for any incident dating prior to the ratification of this Agreement, any incidents in any musicians' files at the signing of this agreement shall be confirmed in writing to those musicians, with a copy to the Federation)

b) The musician's objectionable conduct must have been repeated and followed by the procedure noted in Article XIII 3l(a) above.

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c) Five (5) years after each incidence of objectionable conduct so documented, the Society shall remove such incident from the musician's record and further consideration for the purpose of this clause.

d) Written notice of dismissal signed by the Music Director and/or the Executive Director shall be delivered to the musician, with a copy to the Chair of the Orchestra Committee and the President of the Federation. Such written notice of dismissal shall set out particulars of the repetition of the objectionable conduct and specify the cause for dismissal.

32. Any dismissal by the Society or by any person acting on behalf of the Society shall be subject to grievance and arbitration at the instance of the musician or the Federation in accordance with the procedures set out in Article XIV.

XIV GRIEVANCE AND ARBITRATION PROCEDURES

1. All disputes, differences or controversies (hereafter referred to as "grievances") which may arise between the parties shall be resolved in accordance with the following procedure:

(a) Step l -If a musician has a grievance, and so elects, the musician may discuss the matter with the Personnel Manager and/or Director of Operations in the presence of the Steward. If the Local has a grievance, the Steward shall discuss the matter with the Personnel Manager and/or Director of Operations. The parties hereto agree that they will make every effort to resolve grievances at this stage.

(b) Step 2 - If the parties are unable to resolve the grievance at Step 1, the grievance shall be submitted in writing to the Executive Director within fifteen ( 15) calendar days from the time of the circumstances upon which the grievance is based were known or should have been known by the aggrieved party. The Society and the Local shall meet within ten (1 0) days thereafter and make every effort to attempt to amicably resolve the grievance.

(c) Step 3 - If the grievance remains unresolved fourteen ( 14) days after the conclusion of Step 2, either party may refer the grievance to a single arbitrator for final and binding determination. The parties shall attempt to agree on an arbitrator to hear and determine the grievance. If the parties are unable to agree on an arbitrator in one (1) month's time, then the Ontario Ministry of Labour will be asked to appoint an arbitrator who will have all of the duties and powers contained in the Ontario Labour Relations Act. The expenses of the arbitrator will be shared equally by both the Local and the Society.

2. The time limits set forth herein may be extended by mutual agreement of the parties.

3. Notwithstanding the provisions of the preceding section of this Article, in the case of the non­renewal or dismissal of a Musician, any appeal which is based on the issue of musical competence, shall not be considered as a grievance but as an appeal subject to the procedures set out in Article XIII.

Arbitration

4. If the Society's decision is not satisfactory to the Federation or the musician concerned, written notice of appeal may be served by the Federation on the management within ten (1 0) days of the delivery of the decision appealing therefrom to an impartial arbitrator to be selected by the parties to this agreement.

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5. The arbitrator shall not have jurisdiction to alter or change any of the provisions of the agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this agreement, or to deal with any matter not covered by this agreement.

6. The cost of the arbitrator shall be borne equally by the Federation and the Society.

7. Any grievance not referred to arbitration within the time limit specified in this Article shall be deemed to have been irrevocably abandoned. All time limits in this Article shall be construed to be mandatory and not directory, and the arbitrator shall not extend any of the time limits set forth in this Article.

XV EXTREME FINANCIAL DIFFICULTY

Circumstances of extreme financial difficulty are to be identified by a meeting between the president of the Society and the representatives of the Federation. In the event of such circumstances being identified by the Society and the Federation, the parties agree to consider a range of alternatives in an effort to find a mutually acceptable solution to the problem. The Federation reserves the right to request a professional audit of the Society's accounts by an auditor of the Federation's choosing.

XVI FORCE MAJEURE

It is agreed that in the event of war, national calamity or force majeure, the Society, at its option, may cancel this Agreement without prior notice.

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Schedule "A" and "B"

Orchestra Positions 2015-2016 2016-2017

SCHEDULE A: ECO Musicians Guarantee Rate Guarantee Rate

1 Assistant Concertmaster 182 $135.00 182 $137.70

2 Section Violin 1-3 182 $108.00 182 $110.16

3 Section Violin 1-4 182 $108.00 182 $110.16

4 Section Violin 2-3 182 $108.00 182 $110.16

5 Principal Second Violin 182 $135.00 182 $137.70

6 Assistant Principal Second Violin 182 $113.00 182 $115.26

7 Principal Viola 182 $135.00 182 $137.70

8 Assistant Principal Viola 182 $113.00 182 $115.26

9 Section Viola 182 $108.00 182 $110.16

10 Principal Cello 182 $135.00 182 $137.70

11 Assistant Principal Cello 182 $113.00 182 $113.00

12 Section Cello 182 $108.00 182 $110.16

13 Principal Bass 182 $135.00 182 $137.70

14 Principal Flute 124 $135.00 124 $137.70

15 Principal Oboe 124 $135.00 124 $137.70

16 Principal Clarinet 124 $135.00 124 $137.70

17 Principal Bassoon 124 $135.00 124 $137.70

18 Principal French Horn 124 $135.00 124 $137.70

SCHEDULE B: Per Service Musicians 19 Flute 2 70 $108.00 70 $110.16

20 Oboe2 70 $108.00 70 $110.16

21 Clarinet 2 60 $108.00 60 $110.16

22 Bassoon 2 60 $108.00 60 $110.16

23 Horn 2 75 $108.00 75 $110.16

24 Horn 3 50 $108.00 50 $110.16

25 Horn4 50 $108.00 50 $110.16

26 Principal Trumpet 75 $135.00 75 $137.70

27 Trumpet2 60 $108.00 60 $110.16

28 Principal Trombone 60 $135.00 60 $137.70

29 Trombone 2 40 $108.00 40 $110.16

30 Trombone 3 40 $108.00 40 $110.16

31 Principal Timpani 60 $135.00 60 $137.70

32 Principal Percussion 50 $135.00 50 $137.70

33 Percussion 2 40 $108.00 40 $110.16

34 Section Violin 1-5 50 $108.00 50 $110.16

35 Section Violin 1-6 50 $108.00 50 $110.16

36 Section Violin 1-7 50 $108.00 50 $110.16

37 Section Violin 2-4 50 $108.00 50 $110.16

38 Section Violin 2-5 50 $108.00 50 $110.16

39 Section Viola 40 $108.00 40 $110.16

40 Section Cello 40 $108.00 40 $110.16

41 Section Bass 2 50 $108.00 50 $110.16

42 Section Bass 3 35 $108.00 35 $110.16

Indicates vacant positions

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Signed,

For the Windsor Symphony Society

(Date)

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For the Windsor Federation of Musicians Local 566, American Federation of Musicians of United States and Canada

lt.(\1\ I tS (Date) .