IMPERIAL OIL OPERA THEATRE COLLECTIVE AGREEMENT · rehearsal and/or performance of a production....

IMPERIAL OIL OPERA THEATRE COLLECTIVE AGREEMENT

THIS AGREEMENT made in duplicate this 16th day of September 2013

B E T W E E N :

THE CANADIAN OPERA COMPANY

(The Opera)

- and -

THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND MOVING PICTURE TECHNICNIANS, ARTISTS AND ALLIED CRAFTS

OF THE UNITED STATES, ITS TERRITORIES AND CANADA LOCAL #58, TORONTO

(The Union)

Canadian Opera Company / IATSE Local 58 – Imperial Oil Opera Theatre Collective Agreement

TABLE OF CONTENTS

ARTICLE 1 - PURPOSE ..................................................................................................................3

ARTICLE 2 - RECOGNITION ...........................................................................................................4

ARTICLE 3 - SCOPE .......................................................................................................................5

ARTICLE 4 - UNION SECURITY .....................................................................................................6

ARTICLE 5 - MANAGEMENT RIGHTS ...........................................................................................8

ARTICLE 6 - GUARANTEED EMPLOYEES AND MINIMUM CREW .............................................9

ARTICLE 7 - HOURS OF WORK ................................................................................................... 10

ARTICLE 8 - BREAKS ................................................................................................................... 11

ARTICLE 9 - RATES OF PAY ....................................................................................................... 12

ARTICLE 10 - BENEFITS .............................................................................................................. 13

ARTICLE 11 - STATUTORY HOLIDAYS ...................................................................................... 14

ARTICLE 12 - ARBITRATION ....................................................................................................... 15

ARTICLE 13 - HEALTH AND SAFETY / WORKERS’ COMPENSATION .................................... 16

ARTICLE 14 - LEAVES OF ABSENCE ......................................................................................... 17

ARTICLE 15 - RECORDING, BROADCAST AND MOTION PICTURE MAKING ......................... 19

ARTICLE 16 - PUBLICITY AND PROMOTION ............................................................................. 20

ARTICLE 17 - GENERAL .............................................................................................................. 21

ARTICLE 18 - STRIKE AND LOCKOUT ....................................................................................... 22

ARTICLE 19 - EFFECTIVE DATE, DURATION and renewal ....................................................... 23

Schedule A – Rates of Pay ........................................................................................................... 24

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ARTICLE 1 - PURPOSE 1.1 The general purpose of this Agreement between the Opera and the Union is to establish and

maintain:

a) Orderly collective bargaining relations;

b) A procedure for the prompt and equitable handling of grievances;

c) Satisfactory working conditions, hours and wages for all stage employees who are subject to the provisions of this Agreement.

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ARTICLE 2 - RECOGNITION 2.1 The Opera hereby recognizes the Union as the sole and exclusive collective bargaining agent for all

stage employees in the employ of the Opera in the City of Toronto; and all stage employees of the Opera at the Scene Shop located at 195 Melita Avenue in the City of Toronto and at the Imperial Oil Opera Theatre in the Joey and Toby Tanenbaum Opera Centre at 227 Front Street East in the City of Toronto, save and except scenic artists, prop shop staff, scene shop painters, costume staff, wardrobe attendants, make-up and wig staff, wardrobe, make-up and wig crew members, designers and design attendants, shop supervisors and persons above the rank of shop supervisors; in respect of wages, hours of work and all other working conditions.

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ARTICLE 3 - SCOPE 3.1 This agreement shall cover all stage employees employed by the Canadian Opera Company at the

Imperial Oil Opera Theatre located at 227 Front St. E. in the city of Toronto (IOOT).

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ARTICLE 4 - UNION SECURITY 4.1 Except as hereinafter provided, the Opera shall only employ members in good standing of the Union

within the area and jurisdictions covered by this agreement. 4.2 No work function normally carried out within the terms of this Agreement under the Union's

jurisdiction, shall be contracted out of its jurisdiction. 4.3 The Opera may employ contractors to perform work that it determines requires the competence of

special contractors, and is outside normal competence of the Union, including but not limited to all electrical, plumbing, and structural installations. The Opera will consult with the Head Technician prior to beginning these installations.

4.4 The Union agrees to supply competent stage employees to perform such work as is required by the

Opera in the areas defined in 2.1 and will co-operate to the fullest extent in furnishing the required number of workers at all times.

4.5 The Union further agrees to use its best efforts to supply the same crew of workers throughout the

rehearsal and/or performance of a production. 4.6 Overtime shall be worked when required and approved by the Opera subject to the terms and

conditions of this contract.

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4.7 The Opera recognizes the need for frequent consultation with the Head Technician and the Business Agent of the Union regarding the number of workers required and their respective assignments and the Union recognizes the Opera’s right to make the final determination.

4.8 The Opera will not rent, lease, license or otherwise permit a third party to perform work at the IOOT

that would fall under the jurisdiction of the Union under this agreement unless the work is performed by employees under this agreement or is performed by an entity bound to a collective agreement with the Union.

4.9 The Union is a member of the International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada. In the event of a conflict between the Union’s or the stage employee’s obligations pursuant to the Constitution and By-Laws of the International and the provisions of this agreement, the clauses causing the conflict will immediately be opened for negotiation to resolve the conflict.

4.10 The Business Agent of the Union, or Union Representative, is to be admitted into the premises of

the Opera at all reasonable times in order to properly supervise and inspect the working conditions of Union members.

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ARTICLE 5 - MANAGEMENT RIGHTS 5.1 The Union recognizes that the Opera is the employer of the employees covered by this collective

agreement and that it is the exclusive right of the COC to:

a) maintain order, discipline and efficiency;

b) hire, promote, demote, lay off and recall employees through the Union;

c) discipline and discharge employees for just cause, where grievance and/or arbitration procedures have been followed;

d) generally manage the Opera and without restricting the generality of the foregoing, to determine the objectives of the Opera, to plan, direct and control operations, properties, facilities, programmes, systems, and methods, to make such rules and regulations as may be deemed necessary for the conduct and management of performance and working conditions, to determine policies and procedures, maintenance of its premises, determine complement of personnel required from time to time, services to be performed, work, the extension, limitation, curtailment or cessation of operations and all other rights and responsibilities not specifically modified elsewhere in this Agreement.

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ARTICLE 6 - GUARANTEED EMPLOYEES AND MINIMUM CREW 6.1 The Opera agrees to employ a Head Technician for forty (40) hours per week, twelve (12) weeks per

annum in three (3) blocks of four (4) weeks corresponding with the rehearsal periods for the main stage productions.

6.2 The Union agrees that the Opera shall have the sole right to select the Head Technician from within the Union membership.

6.3 The work week will be defined as Monday through Saturday. For any work week in which the Head

Technician works nine to twenty hours, he or she will be paid for twenty hours. For any work week in which the Head Technician works for twenty-one to forty hours, he or she will be paid for forty hours. Make-up hours will be paid at the straight time rate for work calls.

6.4 Attendance at meetings will not be subject to the guarantee. Such meetings will be subject to the

availability of the Head Technician 6.5 For events where no professional theatrical equipment is used, there will be no minimum crew. 6.6 All employees may be required to work loading and unloading of trucks. Where loaders are required

they shall be subject to four (4) hour minimum call.

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ARTICLE 7 - HOURS OF WORK 7.1 Minimum call shall be four (4) hours. 7.2 Five (5) hours shall constitute the minimum call for a stage employee who is called to work during the

straight time period and who is not otherwise required to work for the Opera during the day on which he is called to work.

7.3 The Head Technician shall be responsible for authorizing time sheets. 7.4 Nothing herein shall constitute a guarantee of hours of work per day or work per week except Articles

7.1, 7.2, 6.1, 6.3.

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ARTICLE 8 - BREAKS 8.1 For work calls, a meal break of one (1) hour, without pay, shall be given to the stage employees

after not fewer than three (3) hours of continuous work and not more than five (5) hours of continuous work. In the event that no such break is given then the Opera shall provide to all stage employees affected a paid meal break of one half (1/2) hour’s duration and shall at its expense supply adequate hot and nutritious food to the stage employees. The employer shall also pay a penalty of one hour at the applicable straight time hourly rate.

8.2 For Dress Rehearsal/Performance calls, including additional hours related to the performance in

excess of five (5) continuous hours, the Opera shall provide a paid meal break of one half (1/2) hour’s duration to the affected stage employees after not fewer than three (3) hours of continuous work and not more than five (5) hours of continuous work and shall at its expense supply adequate, hot and nutritious food to the stage employees.

8.3 Subject to the foregoing, no stage employee shall be required to work more than five (5) hours

without a meal break of one (1) hour's duration. 8.4 When there is a paid or unpaid meal break between the hours of 12 midnight and 8AM, the Opera

will supply, at its own expense, adequate, hot and nutritious food for the stage employees.

8.5 A new minimum call shall apply after a break of more than two (2) hours.

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ARTICLE 9 - RATES OF PAY 9.1 Employees shall be paid for services performed at rates as set out in Schedule A. 9.2 For COC Ensemble and Education Department events employees shall be paid at the

Ensemble/Education rate as set out in Schedule A. This rate shall not apply to the Head Technician or Special Operators.

9.3 All members supplied by the Union shall be paid each Thursday by cheque for any work performed

during the seven (7) calendar days ending the previous Sunday and this period shall be known as the “pay week”.

9.4 Time shall be computed to the next whole hour for pay purposes. WORK CALLS 9.5 Time worked between 8:00 a.m. and 5:00 p.m. Monday through Saturday, and not exceeding eight

(8) hours a day, shall be paid at straight time. 9.6 Time worked between 8:00 a.m. and 5:00 p.m. Monday through Saturday, in excess of eight (8)

hours in a day, shall be paid at time and one-half. 9.7 Time worked between 5:00 p.m. and 12:00 a.m. Monday through Saturday, shall be paid at time and

one-half. 9.8 Time worked between 12:00 a.m. and 8:00 a.m. Monday through Saturday shall be paid at twice the

straight time rate. 9.9 All work performed on Sundays shall be paid at twice the straight time rate. 9.10 A “take-out” following or added onto a work call will be considered a separate and new call if

additional labour is called for the “take-out” PERFORMANCE/DRESS REHEARSAL CALL 9.11 A Performance/Dress Rehearsal Call shall be a working period of three and a half (3 ½) hours

beginning 30 minutes before the start of a performance. 9.12 Should a Performance/Dress Rehearsal Call exceed three and a half (3 ½) hours in length, the

remaining hours will be paid at the prevailing work call rate. 9.13 A dress rehearsal shall be considered a performance if all elements necessary to the public

presentation of a theatrical stage production are present and used, including but not limited to, costumes, makeup, sets, lights, properties, sound, artists and orchestra, and if the rehearsal is conducted as if it were a public theatrical stage production.

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ARTICLE 10 - BENEFITS 10.1 The Opera will pay each employee an amount equal to ten (10%) percent of all monies earned as

Vacation Pay, which will be remitted monthly to the Vacation Pay Trust Fund of I.A.T.S.E. Local 58 and be sent to the trustee of the fund as designated by the Union.

10.2 The Opera agrees, for the duration of this Agreement, to participate in the retirement savings plan of

the Union known as "Retirement Savings Plan of Local 58, I.A.T.S.E." a) The Opera shall deduct from those individuals participating in the Retirement Savings Plan, an

amount equal to five percent (5%) of each individual's gross earnings for Pension purposes. b) The Opera shall contribute to those individuals participating in the Retirement Savings Plan an

amount equal to seven percent (7%) of each individual's gross earnings. c) These combined contributions shall be remitted monthly by cheque payable to "Retirement Savings

Plan of Local 58, I.A.T.S.E.", and sent to the trustee of the plan as designated by the Union.

10.3 The Opera shall contribute an amount equal to seven percent (7%) of each stage employee's wages to the "Health and Welfare Benefit Trust of I.A.T.S.E. Local 58" for health and welfare purposes.

a) This contribution shall be remitted monthly by cheque payable to the "Health and Welfare Benefit Trust of I.A.T.S.E. Local 58", and be sent to the trustee of the fund as designated by the Union.

10.4 The Opera shall contribute an amount equal to one percent (1%) of each stage employee's wages to

the "Dental Plan Fund of Local 58, I.A.T.S.E." for dental benefit purposes. a) This contribution shall be remitted monthly by cheque payable to the "Dental Plan Fund of Local 58,

I.A.T.S.E." and sent to the trustee of the fund as designated by the Union. 10.5 The Opera shall contribute an amount equal to one percent (1%) of each stage employee’s wages to

the “Charitable Benefit Fund of Local 58, I.A.T.S.E.” a) This contribution shall be remitted monthly by cheque, payable to the “Charitable Benefit Fund of

Local 58, I.A.T.S.E.” and sent to the trustee as designated by the Union. 10.6 The Opera shall contribute an amount equal to one-half percent (0.5%) of each stage employee's

wages to the "Education Fund of Local 58, I.A.T.S.E." for training purposes. a) These contributions shall be remitted monthly by cheque payable to the “Education Fund of Local 58,

I.A.T.S.E." and sent to the trustee of the fund as designated by the Union. 10.7 The Opera shall contribute an amount equal to one percent (1%) of each stage employee’s

wages to the “Human Resources Fund of Local 58, I.A.T.S.E.” and sent to the trustee as designated by the Union.

10.8 In addition to the foregoing, the Opera shall pay the employer's contributions to the Canada Pension

Plan and the Ontario Health Tax.

10.9 In this Article, "deduct", "deduction" and "deductions" shall refer to an amount or amounts withheld by the Opera from each stage employee, and "contribute", "contribution" and "contributions" shall refer to an amount or amounts paid by the Opera calculated by reference to the gross wages earned by each stage employee pursuant to this.

10.10 The Opera shall pay to the Union the deductions and contributions referred to in this Article.

Payment will be made no later than the fifteenth of each month. A statement showing the names and social insurance numbers of all individuals for whom contributions have been made and the respective amounts in each case shall accompany the remittance.

10.11 The Opera agrees to pay to the Union interest on any overdue amounts payable of the foregoing at

the rate charged by the Toronto-Dominion Bank in Toronto to its most credit-worthy commercial customers (the "Prime Rate") plus three percent (3%) per annum for each day of default, until payment is made.

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ARTICLE 11 - STATUTORY HOLIDAYS 11.1 The following holidays shall be deemed to be Statutory Holidays for the purposes of this Agreement:

New Year's Day Canada Day Thanksgiving Day Good Friday Civic Holiday Christmas Day Victoria Day Labour Day Boxing Day Family Day

11.2 And where a public holiday is declared or celebrated on a day other than the day on which the

named holiday falls as, for example, (but without limitation) where Christmas Day falls on a Sunday and a public holiday is declared or celebrated on the following Monday, then such public holiday shall be deemed to be a Statutory Holiday for the purposes of this Agreement.

11.3 The Statutory Holiday shall be deemed to commence at 12:01a.m. on the day of the Statutory Holiday and terminate at 8:00 a.m. on the day following the Statutory Holiday.

11.4 All stage employees who have worked in the four (4) weeks preceding the statutory holiday shall qualify for Statutory Holiday Pay. Statutory Holiday Pay shall be calculated in accordance with the provisions of the Employment Standards Act. For the purposes of this clause the provisions of Article 9.4 shall not apply.

11.5 If there is a call to work on the above Statutory Holiday, each stage employee shall receive, in addition to Statutory Holiday Pay, one and one-half (1.5) times the straight time hourly rate for the time worked to a maximum of the number of straight time hours paid as Statutory Holiday Pay. For the purposes of this clause the provisions of Article 9.4 shall not apply.

11.6 All work done on a statutory holiday in excess of the number of straight time hours paid as Statutory Holiday pay shall be paid at two and one-half (2.5) times the straight time hourly rate. For the purposes of this clause the provisions of Article 9.4 shall not apply.

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ARTICLE 12 - ARBITRATION 12.1 The Union and the Opera recognize that the grievance procedure is among the most important

matters in the successful administration of this Collective Agreement. 12.2 Any dispute of difference arising between the Opera and stage employee or official of the Union,

shall first be referred in writing to the Technical Director of the Opera and the Representative of the Union for discussions and settlement. Both parties will endeavour to settle the dispute within ten (10) days of when circumstances giving rise to the difference were known or should have been known. If the Opera representative and the Union representative are unable to settle the dispute to their mutual satisfaction, then either party may institute arbitration proceeding.

12.3 No grievance shall be referred to arbitration unless it was submitted to the appropriate representative

within ten (10) days of when the circumstances giving rise to the difference were known or should have been known.

12.4 The parties shall agree on a sole arbitrator within 30 days of the date when the circumstances giving

rise to the grievance were known or should have been known and if no agreement on the appointment of an arbitrator is reached, then either party shall request the Minister of Labour of Ontario to appoint an arbitrator. The arbitrator shall (unless the parties otherwise agree) schedule a hearing within 45 days of being contacted.

12.5 The cost of the arbitrator shall be borne equally by the parties. 12.6 The arbitrator shall have no power to subtract from, modify or omit any provisions of the Collective

Agreement.

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ARTICLE 13 - HEALTH AND SAFETY / WORKERS’ COMPENSATION 13.1 All stage employees supplied by the Union will be placed under the protection of the Workplace

Safety and Insurance Act.

13.2 Employees shall comply with Canadian Opera Company Health and Safety policies. These policies shall be posted prominently

13.3 All work shall be performed in a safe manner as set out by the Ontario Occupational Health and

Safety Act and safe working practices as determined from time to time by the Canadian Opera Company.

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ARTICLE 14 - LEAVES OF ABSENCE 14.1 MINOR, NON-HOSPITALIZED ILLNESS;

a) For employees employed under Article 6.1, sick Leave credits will be allowed to be accumulated at a rate of eight (8) hours for each month of continuous service (including annual vacation) over a two (2) year period. For the purpose of this clause the maximum paid sick leave after two (2) or more years of service is six (6) weeks.

14.2 HOSPITALIZED OR MAJOR ILLNESS:

a) For employees employed under Article 6.1, sick Leave credits will be allowed to be accumulated at the rate of eight (8) hours for each month of continuous service (including annual vacation) over a five (5) year period. For the purpose of this clause the maximum paid sick leave after five (5) or more years of service is fifteen (15) weeks. In case of dispute, the definition of major illness is to be decided upon by a physician mutually agreed upon by both parties.

14.3 APPLICATION

a) Sick Leave may be taken only in the case of illness and may be applied only to the forty (40) hours worked during the Straight time hourly rate period Monday through Saturday.

b) If illness extends for more than any one three (3) day period, then a Doctor's certificate must be presented.

c) The maximum Sick Leave for more than one period of illness under Clause 14.1 or 14.2 is fifteen (15) weeks.

d) If the employee is entitled to payments under WSIB, any sick leave payments made by the Opera will not replace or be in addition to these payments.

14.4 JURY/WITNESS DUTY

a) Employees employed under Article 6.1 required to serve as a juror shall receive an amount from the Opera equal to the difference between the weekly minimum salary (40 hours at the straight time hourly rate) and any remuneration received from the Crown for jury duty, up to a maximum of the total remaining weeks of employment under Article 6.1.

b) Employees employed under Article 6.1 and subpoenaed as a witness, in a Court Proceeding, shall receive an amount from the Opera equal to the difference between the weekly minimum salary and any remuneration received as a witness fee, up to a maximum of the total remaining weeks of employment under Article 6.1.

14.5 BEREAVEMENT

a) Employees employed under Article 6.1 shall be allowed to be absent from work with normal pay from the date of bereavement through until the day after burial of a member of their immediate family up to a maximum of ten (10) paid days.

b) Members of the immediate family shall be defined as spouse or partner, father, mother, son, daughter, brother, sister, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, grandparent or grandchild.

c) Should the stage employee be unable to attend the funeral of their immediate family member because of the distance to be traveled, such employee shall be granted three (3) days of absence with normal pay for the purpose of mourning the death.

d) “Normal pay” for the purposes of this Article shall be deemed to be eight hours at the applicable straight time hourly rate.

14.6 Employees, who are not regular weekly employees as defined in Article 6.1, shall be eligible to

receive the benefits set forth in this Article 14 after working for the Employer for twenty-four (24) consecutive weeks. A week shall be defined as a minimum of 24 hours of work. Such employees shall continue to be eligible to receive these benefits provided their employment is not interrupted for more than four (4) weeks. Employees whose employment is interrupted for more than four (4) weeks

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but less than twenty-four (24) weeks shall again be eligible to receive these benefits after working for the Employer for another twelve (12) consecutive weeks. Employees, whose employment is interrupted for more than twenty-four (24) weeks, must work twenty-four (24) consecutive weeks in order to again be eligible to receive these benefits. For those employees who are eligible as provided in Article 14.6, the Employer shall provide: Bereavement Leave: Three (3) days paid at eight (8) regular hours per day in the event of the death of a member of the immediate family (as defined in Article 14.5(b)). Jury Duty and/or Sick Leave: Eight (8) hours of regular pay per day to a maximum of forty (40) hours in the event the employee is absent from work because the employee is too ill to work or is called for jury duty. Once eligible, employees shall accumulate hours towards this jury duty or sick leave entitlement at the rate of eight (8) hours per month to the maximum entitlement of forty (40) hours. If an illness extends beyond three (3) consecutive working days, the Employer may require a doctor's certificate before paying the sick leave.

14.7 Employees employed under Article 6.1 who have been elected or appointed to a full-time office of the

Union, shall be entitled to leave of absence without pay for the period which they are elected or appointed to hold office. Where an employee ceases to hold such office they shall be entitled to return to their former position. Such stage employee will not be subject to discipline by the Opera under this agreement for activities related to their duties on behalf of the Union, during the period of such leave.

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ARTICLE 15 - RECORDING, BROADCAST AND MOTION PICTURE MAKING

15.1 When the IOOT or any portion thereof is used for radio, television, videotape or motion picture

making, or recording or broadcast by any mechanical or electronic means all regular and additional equipment required which is normally within the competence of the Union shall be handled and operated by employees supplied by the Union.

15.2 For audio only recordings all work shall be compensated at the rates herein and performed under terms and conditions established in the contract existent between the Union and such radio, or broadcast company or companies; or, in the absence of signed contracts, at the rates and under the terms and conditions herein.

15.3 For visual recordings all work shall be compensated at the rates and under the terms and conditions in the contract existent between the Union and such television, motion picture or broadcast company or companies; or in the absence of signed contracts at the Video rates and under the terms and conditions herein except that an eight (8) hour call at the prevailing Video rate will constitute the minimum call. The Video Rate and the eight (8) hour minimum will not apply to cameras, projectors or other video equipment that are being used for a stage performance.

15.4 If a segment, portion or an entire stage performance is recorded in any manner described in 15.2 or 15.3 hereof, a fee shall be paid to each stage employee called on crew for the particular performance of fifty percent (50%) of all monies earned by each stage employee during that performance call including hours attached to that performance call and hours pertaining to the setup and takedown of related recording equipment.

15.5 Still photographers representing catalogue distributors, magazines and/or commercial book publishers and using the IOOT or any part thereof, shall be required to use stage employees as supplied by the Union for purposes of moving and setting up scenery, properties, furniture, drapes and/or lighting equipment which may be required in addition to existing equipment. Stage employees called for such work shall be remunerated at the prevailing hourly rates with a minimum call.

15.6 Still photographers representing catalogue distributors, magazines and/or commercial book publishers as well as film or television companies requiring the use of the stage before or after a stage performance for purposes of posed shots or specifically staged excerpts shall retain the Head Technician as well as any additional stage employees that may be required in each department for the working of scenery, properties, drapes, lights, etc. If the use of the stage shall not be required, then only the Head Technician shall be retained. All such work shall be performed at the prevailing hourly rates with a minimum call.

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ARTICLE 16 - PUBLICITY AND PROMOTION 16.1 The Union agrees that members of the media and the Public Relations Department of the Opera

shall be allowed to take photographs, videotape, motion pictures, or audiotape by mechanical or electrical means for publicity, promotion or news purposes without restriction or additional costs.

16.2 The provisions of Article 15.1 hereof shall not apply when visual images or audio are recorded solely

for news purposes, publicity, or for the direct promotion of the Opera. The final product as presented for viewing by the public shall be no longer than five (5) minutes in length.

16.3 Stage employees shall not be required to appear in photographs, recordings, videotapes or motion

pictures nor will they be photographed, recorded, or videotaped without their prior consent.

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ARTICLE 17 - GENERAL 17.1 No employee shall be discharged or disciplined other than for just cause. The Opera may refuse to

employ or may demand replacement for any stage employee in an intoxicated condition. 17.2 Subject to Article 17.1, any employee employed under Article 6.1 who has worked more than three

(3) consecutive months for the Opera, shall be provided notice of one (1) week for every year or part thereof the employee has been employed before the employee is terminated or laid off, or pay in lieu thereof. Such notice is not required for any employees who are discharged with just cause.

17.3 The Union agrees that employees employed under Article 6.1 shall give the Opera two (2) weeks’

notice should they desire to leave the employment of the Opera, except where the reason for such desire is the non-payment of salaries due, which reason shall be sufficient cause for the immediate severance of relations.

17.4 Every employee has the right to freedom from harassment in the workplace. Harassment means

engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. A stage employee has an obligation to report any incidents of harassment to the Opera and the Union in writing. The Opera and the Union will consult with respect to any reported incidents of harassment and the Union and the Opera agree to co-operate in resolving the situation.

17.5 The Opera shall give credit in the Program to the Head Technician. 17.6 In administering this Agreement, the parties shall act reasonably, fairly, and in good faith, and in a

manner consistent with the Agreement as a whole.

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ARTICLE 18 - STRIKE AND LOCKOUT 18.1 The Union shall not cause, engage in or permit its members to cause any strike against the Opera

during the term of this Agreement, nor shall the Opera cause, engage in, or permit a lock-out. 18.2 The word "strike" and the word "lockout" as used in this Article shall have the same meaning given to

those words in the Ontario Labour Relations Act, R.S.O. 1995.

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ARTICLE 19 - EFFECTIVE DATE, DURATION AND RENEWAL 19.1 All provisions of this Agreement shall come into force on the date of signing and remain in force until

June 30, 2016. All Rates of Pay provisions of this agreement shall become effective July 1, 2013. 19.2 In the event that prior to the expiration date of this Agreement either party desires to negotiate a new

Agreement, notice in writing shall be given to the other party not less than thirty (30) days and not more than ninety (90) days prior to the expiry date of this Agreement is reached, all the provisions of this Agreement shall continue to be observed by both parties until ninety (90) days after the expiry date of this Agreement, or until permitted by law.

19.3 Upon receipt of notice from either party of a desire to negotiate a new Agreement a meeting shall be

held between the parties within twenty (20) days for the purpose of negotiations. Further meetings shall be held as frequently as possible until settlement is reached, or until either party makes application for conciliation.

19.4 If neither party gives notice of a desire to negotiate, this Agreement shall be automatically renewed for a further period of one year and from year to year thereafter.

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SCHEDULE A – RATES OF PAY

July 1, 2013 – June 30, 2014

Hourly Rate Performance Video Rate

Head Technician $44.29 $183.36 $48.06

Special Operator $42.22 $161.05 $45.81

Regular Others $41.55 $158.53 $45.08

Ensemble/Education Others $31.03 $150.88 $45.08

July 1, 2014- Jun 30, 2015

Hourly Rate Performance Video Rate Head Technician $45.18 $187.03 $49.02


Regular Others $42.38 $161.70 $45.98


July 1, 2015 – June 30, 2016

Hourly Rate Performance Video Rate Head Technician $46.08 $190.77 $50.00


Regular Others $43.23 $164.93 $46.90


Benefits Vacation Pay 10%

RRSP Deduction 5% RRSP Contribution 7% Health and Welfare 7% Dental Plan 1% Charitable Plan 1% Education Plan 0.5% Human Resources 1%

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IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representatives this 16th day of September, 2013 at the City of Toronto, in the Province of Ontario. THE CANADIAN OPERA COMPANY THE INTERNATIONAL ALLIANCE OF

THEATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF

THE UNITED STATES, ITS TERRITORIES AND CANADA

LOCAL #58

Peter Lamb Director of Production, COC

Jim Brett President, Local 58

Lee Milliken Production Manager, COC

Nelson Robinson Business Agent, Local 58

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IMPERIAL OIL OPERA THEATRE COLLECTIVE AGREEMENT · rehearsal and/or performance of a production....

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