August 15, 2018

THIS AGREEMENT made in duplicate as of the ______ day of ____________, 2018

BETWEEN

THE WINDSOR SYMPHONY SOCIETY

Hereinafter called “The Society”

OF THE FIRST PART

-and-

THE WINDSOR FEDERATION OF MUSICIANS Local 566 of the American Federation of

Musicians of the United States and Canada

Hereinafter called “The Federation”

OF THE SECOND PART

2017-2018 2018-2019 2019-2020 2020-2021

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TABLE OF CONTENTS

I RECOGNITION 4

II TERMS OF CONTRACT 4

III ORCHESTRA 5

IV SERVICES 5

V SCHEDULE OF FEES 10 Surplus Sharing 11 Overtime 12 Per Diems 12

Expenses for Out-of-Town Musicians 13

VI GENERAL TERMS OF SERVICE 13 Period of Notice 14 Doubling 15 Pay Schedule 17

VII AREAS OF AUTHORITY, RESPONSIBILITY AND BENEFITS 18 Sick Leave 18 Maternity and Parental Leave 18 Leave Without Pay 19 Rehearsed Sub 21 Exchange of Services 21 Long-term Leave of Absence 22 Pension 22Extended Health Benefits 23 Steward's Duties 23 Conditions of Performance 23 Orchestra and Federation/Society Committees 24

VIII STEP-UP REVIEW 25

IX OUT-OF-TOWN ENGAGEMENTS 26 Runouts 26 Tours 28

X BROADCASTS, RECORDING, AND PHOTOGRAPHY 30

XI AUDITIONS 34 Intra-Orchestra Auditions 35 National and International Auditions 35 Remuneration and Working Conditions for Committee 38

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XII ENGAGEMENT 38 Resignation 39

XIII PROBATION, TENURE AND NON-RENEWAL OF CONTRACT 39 ECO Musicians 39 Appeal from Non-Renewal of Contract – ECO 39 Per Service Musicians 40 Appeal from Non-Renewal of Contract – Per Service 41 Conflict of Interest 41 Dismissal of a Tenured or Regular Status Musician 42

XIV GRIEVANCE AND ARBITRATION PROCEDURES 44 Arbitration 44

XV EXTREME FINANCIAL DIFFICULTY 45

XVI FORCE MAJEURE 45

SCHEDULES Schedule “A” ECO Musicians Remuneration 46 Schedule “B” Per Service Musicians Remuneration 46 Schedule “C” Cdn. Artist Promotional Content Agreement 48 Schedule “D” Cdn. Personal Study Non-Commercial Use 51

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I RECOGNITION

WHEREAS the Society is a Charitable and Not-for-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 2017 remain in force until the thirty-first day of August 2020. 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 2017-2018 season shall be 33 weeks in duration and shall commence on Monday, September 18, 2017 and shall end on Sunday, May 06, 2018 inclusive.

The 2018-2019 season shall be 33 weeks in duration and shall commence on Monday, September 17, 2018 and shall end on Sunday, May 05, 2019 inclusive.

The 2019-2020 season shall be 33 weeks in duration and the weeks shall commence on Monday, September 16, 2019 and shall end on Sunday, May 03, 2020 inclusive.

The 2020-2021 season shall be 33 weeks in duration and the weeks shall commence on Monday, September 21, 2020 and shall end on Sunday, May 09, 2021 inclusive.

The terms of this agreement do not 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

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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".

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

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

2. The Society may utilize the Orchestra and constitute ensembles for the following services:

(a) for orchestral performances of the Society;

(b) for performances advertised under the auspices of the Windsor SymphonySociety and/or co-produced with sponsoring organizations and/or communitypartners as authorized by the management of the Windsor SymphonyOrchestra.

(c) for orchestral or chamber music performances and/or the accompaniment ofballet, opera, oratorio, and/or choral groups including but not limited to theWindsor Classic Chorale;

(d) for performances (solo*, duo*, trio*, quartet and quintet) in the educationalinstitutions of Southwestern Ontario and all other touring and runoutlocations (e.g. Music Alive);

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

(e) for performances in social service agencies, hospitals, nursing homes andspecial schools (e.g. Music for Health concerts);

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

(g) for “Musical Soirees” – chamber music performances providing a focus forfundraising initiatives;

(h) for promotional or fundraising activities of the Society;

(i) for special ceremonial or civic events;

(j) for performances which enhance the community image of the orchestra;

(k) for performances at funerals as outlined in Article IV 4(e) below.

3. The Society, with the consent of the musician, may utilize orchestra services for coachinggroups and individuals in school and university programs, nurturing educational activity andenhancing existing programs. Implementation to be discussed with the Players’ Committee.

4. The Society may utilize members of the Orchestra for the presentation of ticketed WindsorSymphony Orchestra Chamber Music concerts or series, specially defined by repertoire andnot covered by Article IV, Section 2(a) through (k), under the following guidelines:

(a) The planning of these concerts will involve the participation of a Chamber MusicCommittee drawn from the Orchestra in conjunction with the Artistic AdvisoryCommittee, the Music Director and the Executive Director. The Society will presentpossible dates and times for performances to the Committee, after which a polling oforchestra members will take place to determine availability and desire to perform.Chamber groups would then be formed, and appropriate repertoire chosen, and theSociety would confirm dates, times and locations for the dress rehearsal(s) andperformance(s). The dress rehearsal and the performance(s) will be scheduled inaccordance with the provisions of the Master Agreement. All other rehearsals (minimumof 5 in addition to the dress rehearsal) will be determined within the group and will falloutside 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 WindsorSymphony schedule shall prevail over such rehearsals in case of conflict. The Societywill endeavour upon request to provide assistance with rehearsal spaces, piano, etc. forthese Chamber Music rehearsals.

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

(c) Musicians shall receive service credits (or pay, in the case that guaranteed service levelsare exceeded) for all the services covered by this clause. Involvement in Chamber Music

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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.

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 (1½) 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 (1½) 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. 5. (a) The work week shall commence on Monday and continue through Sunday.

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(b) ECO and Per Service Musicians shall not normally be required to perform more thaneight (8) services per week. A week of nine (9) services may be scheduled onlywhen 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 bescheduled during one season.

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

(d) No member of the Orchestra shall be required to give more than two (2) services inone (1) day. However, when two (2) concerts are performed within a two and one-half (2½) 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 (2½) hourperiod, there shall be no travel between concerts excepting movement within thesame venue (e.g. change of hospital wards). It is understood that musicians shall notbe required to use their break-time for tear-down or set-up or changing locationswithin the same venue.

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

(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 arunout only).

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

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

(j) On any day in which an afternoon performance and any evening service arescheduled, there must be at least a three and one-half hour (3½) break between theend of the afternoon performance and the start of the evening service, except forFamily concerts, where the break shall be at least two and one-half (2½) hours.

(k) With regard to Article IV 5(b) to (j), changes may be made under exceptionalcircumstances within the period of notice with the approval of the OrchestraCommittee.

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

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(m) When a rehearsal and a concert occur as two (2) two and one-half (2½) hour serviceson 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 aminimum of one and one-half (1½) hour break between two rehearsals. However,where the dress rehearsal and the concert are scheduled for the Capitol Theatre, theminimum break between dress rehearsal and concert shall be three (3) hours, exceptfor the Family Series at the Capitol Theatre where the break between dress rehearsaland concert shall be two (2) hours. Wherever possible, rehearsals shall be scheduledfor the following time periods:

10:00 a.m. – 12:30 p.m. 2:00 p.m. – 4:30 p.m. 7:00 p.m. – 9:30 p.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 onehalf (1½) hour break if the services do not exceed two hours in length. The drivingdistance between two Music Alive venues within the City of Windsor may notexceed 20km, nor 30km in Essex County.

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

i) Thanksgiving Day (Canada)ii) Good Fridayiii) Easter Saturdayiv) Easter Sundayv) 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 18, 2017 to December 31, 2017 inclusive, from December 24, 2018, to January 06, 2019 inclusive and from December 23, 2019 to January 05, 2020, inclusive. 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.

6. Extra services, such as runouts, etc., shall be offered to contracted Per Service musiciansbefore extra or non-contracted musicians.

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V. SCHEDULE OF FEES

1. (a) Principal Musicians shall be paid as follows:

2017-2018 at a rate of $140.45 per service 2018-2019 at a rate of $143.26 per service 2019-2020 at a rate of $146.13 per service 2020-2021 at a rate of $149.05 per service

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

2017-2018 at a rate of $117.57 per service2018-2019 at a rate of $119.92 per service2019-2020 at a rate of $122.31 per service2020-2021 at a rate of $124.75 per service

(c) Section Musicians shall be paid as follows:

2017-2018 at a rate of $112.36 per service2018-2019 at a rate of $114.61 per service2019-2020 at a rate of $116.90 per service2020-2021 at a rate of $119.23 per service

(d) Principal Musicians fee per service is to be maintained at a rate of 25% above SectionMusicians fee per service.

2. Step-ups:

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

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

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

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

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

Surplus Sharing

5. a) Distribution of Surplus:

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 substitute 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.

b) Exclusions from Surplus:

(i) Undesignated gifts. From time to time, the WSO may be the beneficiary ofan Undesignated gift or bequest which is not in response to the annual fundraisingplan. An Undesignated gift is defined as a gift or bequest which has not beenidentified by the donor for a specific use (e.g. general operations, a programsponsorship, capital acquisition or permanent endowment). If, in any fiscal year, thetotal amount of all Undesignated gifts and/or bequests outside of plannedfundraising received by the WSO exceeds $15,000, the first $15,000 fromUndesignated gifts will be assigned to the Operating Budget, but the Board ofDirectors will have the discretion to assign the Undesignated gifts in excess of$15,000 to the Endowment Fund, the Operating Budget, or a combination thereof.Undesignated gifts placed in the Endowment Fund will not be included in the TotalOperating Revenues, and thus not part of the surplus calculation.

(ii) Funds designated for capital purchases. Any donation or grant monies that are

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specifically designated for new capital purchases (e.g., a new piano or stage risers) will be excluded from Total Operating Revenues and surplus calculations.

Overtime

7. (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 theprevious service or earlier, an additional 25 percent; scheduled overtime shallnot exceed thirty (30) minutes;

iii) for unscheduled overtime, an additional 50%.

(b) All musicians, if required, must remain for a maximum of one half (½) hourovertime following the last two (2) rehearsals preceding the concert.

Per Diems

8. On any day of touring or runout, the incidental expenses shall be paid to the musician andpayment schedule as follows shall apply for meal reimbursement on such days:

Breakfast: $6.50 (payable when boarding transportation is prior to or return is after8:30a.m.)

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

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

9. (a) 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 bepaid to each musician per day on any day of runout.

(c) All disbursements shall be paid in Canadian funds, as above, when performing inCanada 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 negotiatedseparately.

(d) The Society will, unless otherwise agreed to in writing by the Orchestra Committee,

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

to the host. 11. (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 $36.00 per person, per concert cycle Montreal $48.00 per person, per concert cycle Hamilton $24.00 per person, per concert cycle

Kitchener $30.00 per person, per concert cycle London $22.00 per person, per concert cycle

Kalamazoo $24.00 per person, per concert cycle Ann Arbor $10.00 per person, per day

Detroit $6.00 per person, per day

(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 1. (a) i) Orchestra services shall not exceed two and one half (2½) 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.

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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.

(b) i) With regard to Article VI 1(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 1(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. (c) 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.

(d) 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.

Period Of Notice 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.

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

(c) Each personal service contract for per service musicians shall include a permanentschedule of services for each season. Any services changed from or added to themaster schedule after a contract is signed shall be performed at the musician’sdiscretion when outside the period of notification. Should the musician decline toperform, she/he shall not suffer loss of position or status, that is, the minimumnumber of services per personal service contract may not be reduced.

3. Where the Society desires to schedule services outside the period of notification, themusicians involved shall decide to accept or reject said services by majority vote taken bythe 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 servicesshall 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 anyadditional fee:i) A and B Flat Clarinetii) All Trumpets except Piccolo Trumpetiii) Tenor and Bass Tromboneiv) French Horn in all keys

(c) The Percussion Section

Doubling for the Percussion Section shall be determined by dividing the instrumentsof the percussion section into four sections:

Section I Non-Pitched (Basic Percussion Instruments)i) Snare Drum iv) Tom Tomsii) Bass Drum v) Small accessories of a non-keyboard nature

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iii) Cymbals vi) Hand drums

Section II Pitched (Mallet Keyboard Instruments) i) Chimes v) Orchestra Bells ii) Xylophone vi) Glockenspiel iii) Vibraphone vii) Accessories of a chromatic or keyboard nature iv) 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-by-show 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) i) Snare Drum iv) Tom Toms ii) Bass Drum v) Small accessories of a non-keyboard nature iii) Cymbals vi) Hand drums

Section II Pitched (Mallet Keyboard Instruments) i) Chimes v) Orchestra Bells ii) Xylophone vi) Glockenspiel iii) Vibraphone viii) Accessories of a chromatic or keyboard nature iv) Marimba Section III Drum Kit

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

2017-2018 – beginning September 14, 2017 and every second Thursday thereafter until April 26, 2018; 2018-2019 – beginning September 13, 2018 and every second Thursday thereafter until April 25, 2019; and 2019-2020 – beginning September 12, 2019 and every second Thursday thereafter until April 23, 2020. 2020-2021 – beginning September 24, 2020 and every second Thursday thereafter until May 06, 2021. 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:

2017-2018 – beginning September 28, 2017 and every second Thursday

thereafter until May 10, 2018, 2018-2019 – beginning September 27, 2018 and every second Thursday

thereafter until May 09, 2019,

2019-2020 – beginning September 26, 2019 and every second Thursday thereafter until May 07, 2020, and

2020-2021 – beginning October 08, 2020 and every second Thursday thereafter until May 20, 2021.

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.

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

VII AREAS OF AUTHORITY, RESPONSIBILITY AND BENEFITS

Sick Leave

1. (a) i) In the event that unavoidable cause including personal or family illness oremergency makes it necessary for any musician to be absent from anyrehearsal or concert, she/he will in every instance advise the PersonnelManager of the Society and ensure that all music in her/his possessionrequired for the current performance is returned forthwith to the orchestra.Each ECO musician shall be entitled to twelve (12) services absence in eachseason without loss of pay. It shall be the Society’s option to engage asubstitute by its own efforts and expense. When unavoidable cause is citedby a musician, concurrence from the Society shall not be unreasonablywithheld. Any dispute in this regard shall be subject to the grievance andarbitration procedures in Article XIV. In the case of personal illness, theSociety reserves the right to request a doctor’s certificate. In the event that amusician is on an extended sick leave during any concert season, he/she shallsuffer no loss of position or status during the remainder of that concertseason.

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 oremergency without loss of pay.

(b) i) With regard to ECO musicians, in the event that leave under Article VII 1(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 ArticleVII 1(a)(ii) is not used in full, all of the unused leave may be accumulated forthree (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

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(2) weeks written notice of the date that the leave is to begin, with the exception ofunexpected bed-rest. The musician will endeavor to give earlier notice if possible.Should extended maternity leave be necessary during any concert season due tounavoidable cause, the musician shall not suffer loss of position or status during thatconcert season. The Society may request a Doctor’s certificate, stating only theexpected delivery date.

i) The ECO musician shall be paid for sixteen (16) missed services (plus thebalance 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 ArticleVII 1(a) and (b), and for the remainder of the leave, deductions shall be madeon a per-service-missed basis.

ii) The Per Service musician shall be paid for two (2) missed services (plus thebalance 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 ArticleVII 1(a) and (b), and for the remainder of the leave, deductions shall be madeon a per-service-missed basis.

iii) Each contracted male musician shall be granted up to two (2) services (plusthe balance of a run of services if the 2nd missed service falls within suchrun) leave of absence without loss of pay for the purpose of attending thebirth of his child and may then apply accumulated sick services as in ArticleVII 1(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 bededucted from the sick leave service totals defined in Article VII 1(a) and(b).

(b) Any contracted player who is a parent is entitled to unpaid parental leave followingthe birth of a child or the coming of the child into the parent’s custody care andcontrol for the first time. The birth mother is eligible for sixty-one (61) weeks ofparental leave, all other birth parents are eligible for sixty-three (63) weeks of leave.

The musician is required to provide two (2) weeks written notice to the WSOPersonnel Manager for parental leave. The leave must commence within two (2)months of the child’s birth or arrival into custodial care. The Society may request aDoctor’s certificate, stating only the expected delivery date.

Leave without Pay

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

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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 Music for Health, 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 inwriting not later than two (2) weeks but less than twenty-one (21) days prior to theleave date, the leave will be granted when an available substitute is located by theMusician, who shall forward the name of the proposed substitute to the PersonnelManager. It is agreed that “available” means that the recommended substitute willaccept the engagement within 24 hours of the musician’s phone call to the PersonnelManager. It is further understood that the musician requesting the leave willrecommend only highly qualified substitutes who meet the professional standard,which prevails in the Windsor Symphony. It is also understood that, with theexception of small string ensemble services (5 players or less) and in cases where theConductor of the subject service(s) otherwise approves, the leave will apply to allservices associated with the preparation and performance of the designatedperformance or run of rehearsals and performances from which the leave has beenrequested (i.e.: leave without pay for individual services shall be at the solediscretion of the Conductor involved). For the purposes of this agreement, a run isdefined as all performances and rehearsals associated with a particular musicalprogramme (such as Music for Health, Runouts of Holiday concerts, CommunityConcerts), which will not exceed seven (7) days in duration, and orchestraleducational concerts which shall be two (2) weeks in duration.

(c) If, at the end of any concert season, a Per Service musician has not performedtwenty (20) percent of his/her guaranteed number of services in that season or, in thecase of ECO musicians, an ECO musician has not performed, within subscriptionconcerts, the minimum number of guaranteed services in that season as identified inSection VI 6(A) the musician will be considered to have been granted a Long-TermLeave of Absence, if eligible. Unused services to the guarantee will not be paid. Ifthe musician is ineligible for a Long-Term Leave of Absence, the option to cancelthe musician’s contract of services for the following season will rest with the MusicDirector and/or Executive Director. Services missed due to Sick Leave, MaternityLeave or Parental Leave, as well as those missed by ECO musicians when repertoireor schedule changes result in their not being required, will not count as declinedservices for the purpose of calculating the service counts mentioned above.

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Concerts defined as Subscription Concerts include all concerts in the Masterworks, Pops and Classics Series, the annual rock tribute concerts, and add-ons to the subscription package (e.g. the Messiah). In addition, subscription concerts will include any new Series added during the term of this contract and determined by the WSS to be included in Subscription Concerts. The WSS will notify the musicians of all concerts that are in the Subscription Concert category for the next season by July 02 each year.

Rehearsed Sub

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

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

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

Exchange of Services

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

(a) Both the original scheduled musician and the musician playing the service mustprovide confirmation to the Personnel Manager in writing or by E-mail and suchconfirmations shall, except in emergencies, be provided not less than seven (7) daysprior 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 exchangethose services and the Society assumes no responsibility for any resultant imbalancein work load.

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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 aleave, which would start the following season. Subsequent leaves of absence will begranted provided the musician has completed not less than seven (7) years of servicefollowing the last such leave, the same notice requirement to apply. If a tenured or regularstatus musician should request more frequent long-term leave(s) of absence, he/she mayapply for said leave(s) to the Music Director and the Executive Director in writing prior toFebruary 1st for a leave which would start the following season.

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

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

(c) During a musician’s Long-Term Leave of Absence, the Society will hire areplacement musician on an interim contract at the rate of pay and guaranteedservices 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 toreturn to the Orchestra by January 15th in the season of the said leave.

Pension

8. In addition to the musician’s basic fee, the Society agrees to pay a percentage of the totalearnings including services above the guarantee for each Musician to the Musicians’Pension Fund of Canada as follows:2017-2018 at a rate of 7.0% 2018-2019 at a rate of 7.0% 2019-2020 at a rate of 7. 0% 2019-2021 at a rate of 8.0%

(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 ofCanada, 200 Yorkland Blvd. North York, ON M2J 4Y1. to be processed accordingto the Trust Agreement of the Pension Plan.

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Extended Health Benefits

9. Members of the ECO have the option to participate in the group health benefit package, asmay be provided by the Employer from time to time for its employees. The Employerreserves the right to review and modify the coverage on an annual basis. The cost of thebenefit package are shared equally by employer and enrollee in the program.

Steward’s Duties

10. The Windsor Symphony Orchestra Players’ Committee acts as the Windsor Federation ofMusicians union steward at Windsor Symphony Orchestra services. For each orchestraservice, the WSS shall pay the Windsor Symphony Orchestra Players’ Committee the basicfee for steward services undertaken by the Windsor Symphony Orchestra Players’Committee. The basic fee for steward services is the equivalent to ten (10) percent of theannual remuneration for the guaranteed services for a section string player in the ECO. Theannual fee payable to the Players’ Committee is due no later than April 30th in each year ofthe contract.

As no steward will be appointed by the WFM and in consideration of the Steward Fee nowbeing paid to the Players’ Committee, the Players’ Committee will undertake to provideappropriate Steward services to the Orchestra, the WSS, and the WFM. Details of the dutiesof the Steward are set out in the Constitution and By-Laws of the Association. Should anindividual musician wish to register a complaint or draw attention to any inconsistency inthe administration of the collective agreement he/she may do so in confidence with anymember of the Players’ Committee.

Conditions of Performance

11. (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 degrees Celsius and no more than 27 degrees Celsius on all orchestral services. The Players’ Committee may, on behalf of the players, decline to play should the temperature be less than 20 degrees Celsius or more than 27 degrees Celsius following consultation with the Management Representative. A humidifier shall be provided when on-site instrument storage is provided.

(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 allservices at least fourteen (14) days in advance of the first scheduled rehearsals. Inthe case of out-of-town Musicians, steps must be taken to ensure that the music isdelivered in accordance with this provision. Further, it is recognized that in certainPops concerts, where the charts are coming with the Guest Artist, there may be

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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 theperformances or rehearsals, a management representative shall consult with theOrchestra Committee before the first service during which the special effects are tobe used.

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

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

WomenOn Stage Any full length black or three-quarter length black garment including

black shoes and stockings.

Pit

Men

On Stage

Pit

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. Dark 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

12. (a) There shall be an Orchestra Players’ 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, arrange the formation of the musicians’ negotiating and tenure/regular status committees, and serve as Union Steward at all services per VII

10. Orchestra Players’ Committee decisions that have Local approval shall be binding.

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

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VIII STEP-UP REVIEW

In order to allow for professional development opportunities for Windsor Symphony musicians, 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 seasonswith the orchestra, may request a Step-up Review before Oct. 31 or during the month ofMarch in any given season. The request should be made to the Personnel Manager orDirector of Operations who will inform the Executive Director and Music Director. Amajority of the Review Committee and /or the Music Director may request an auditionperformance 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 Auditioncommittee for the second-chair position. A representative of the instrument being reviewedneed not be present, and substitutes may not be appointed.

3. The Review Committee shall vote by secret ballot. “Regular Step-up” status will be grantedto a player who receives approval from 2/3 of the review committee. Discussion may takeplace 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 aperiod of 30 days, for which a substitute is needed, will be offered, and any other availableservices within 30 days.

5. A player undergoing the review will be given feedback by members of the committee withthe chair of the Players’ Committee present. In the event of a “no” vote, the player mayrequest an advisory meeting with the chair of the players’ committee, the Music Directorand the Executive Director to be advised as to a reasonable level of expectation for on-goingoffers of discretionary “step-up” services.

6. In the event of a “no” vote resulting from an initial “Regular Step-up” status review, themusician may reapply one time only. The second application must be made within twelvemonths following the committee’s decision.

7. If a player is granted “step-up status” at the point of hiring, it is understood that tenurereview will include “Regular Step-up” status. A musician who is granted tenure/regularstatus as 2nd Chair, but who is denied “Regular Step-up” status at the point of the tenuredecision, is eligible for an initial “Regular Step-up” review and may thereafter apply for anadditional review as per Article VIII 1 to 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 April30 of the first season.

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

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

IX OUT-OF-TOWN ENGAGEMENTS

Runouts

1. (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 toWindsor 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) minutesegments.

(c) During bus trips of two (2) hours or more in length, there shall be a rest period of notless than twenty (20) minutes during each two (2) hour period at a location withtoilet facilities and restaurant or convenience store where beverages and food areavailable.

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

(e) All transportation on buses shall be on those that are equal in comfort, conditionsand safety to those used by first class bus companies and they shall be equipped withheat, air conditioning, separate luggage quarters and seating accommodation forevery member of the orchestra and large instruments (double bass, cello, tuba).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 aschedule containing travel times and stating the point of departure and destination.

(h) Mealtimes shall be defined as 8:59 am. 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 periodfrom the scheduled departure to actual return of a runout, the Society shall reimburseeach musician participating in such runout according to the per diem breakdownlisted in this agreement.

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

(j) The Society may schedule a maximum of two services in one day, no more than oneof which may be a runout, save and except that either (i) an out-of-town rehearsaland 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) educationalconcert 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 daymay 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, eachmusician shall be paid a flat fee in the amount of 25% of his/her service fee.

(l) Any rehearsal service held during a runout shall be completed at least two and a halfhours (2 ½) hours before the concert, except after consultation with the OrchestraCommittee.

(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, theMusic Director shall be entitled to schedule an acoustic rehearsal for a periodof one half (½) hour on the day of the scheduled concert and the acousticrehearsal, together with the concert, shall be deemed to be one service. In theevent that overtime occurs, with respect to any concert preceded by anacoustic rehearsal, payment for overtime shall be at overtime rates. Theaforesaid acoustic rehearsal shall be scheduled not more than one hour priorto 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 anyother work week.

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

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(p) For runouts, the musician shall not be required to travel in any charter conveyancewhen regular public transportation between the points being travelled ceases becauseof inclement weather or disaster. In the case of runouts for which a musician isrequired to provide his/her own transportation, no musician shall be required to doso when driving conditions have been declared hazardous by the appropriate lawenforcement agency. It is understood the musicians providing their owntransportation shall travel at their own risk. No services shall be scheduled withintwelve (12) hours of a return from a runout 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 shallmake all necessary Visa arrangements with the Immigration authorities of thecountry the musician(s) will be entering. Copies of all approved Visa forms shall besent to the Federation and to each musician whose name appears on the Visa, aminimum of fourteen (14) days in advance of leaving Canada. In the event that anymandatory medical insurance and/or any other costs are necessary to arrange legalentry in the country in question the Society shall pay the costs.

Tours

2. (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 withthe advance consent of the Orchestra Players’ Committee.

(c) All transportation on buses shall be on those that are equal in comfort, conditionsand safety to those used by first class bus companies and they shall be equipped withheat, air conditioning, separate luggage quarters and seating accommodation forevery member of the Orchestra and large instruments (double bass, cello, tuba). TheSociety 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 wherepullman accommodation has been provided, the Society must plan suchtravel 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 isnecessary.

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

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(g) The details of any international tour shall be settled by negotiation in advancebetween 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.

(i) There may be no more than eight (8) services in any seven (7) day period on touralthough 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 andone half (2 ½) free hours prior to the commencement of an evening performance.

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

(l) 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 lifeor 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 BlueCross or similar health coverage, and carry a substantial bond for use in the event ofillness. (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 ontour outside the boundaries of Canada and the United States or make the necessarycontacts at each centre on such a tour through the Canadian or British Embassies toarrange 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) minutesand no less than thirty (30) minutes prior to concert time.

(r) Meal stops of a minimum of one (l) hour shall be scheduled and not to be includedin travel time;

i) if departure is between 9:00 a.m. and 12:00 noon, meals are to be taken noearlier 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 noearlier than 4:30 p.m. and no later than 6:30 p.m.

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(s) For tours, the musician shall not be required to travel in any charter conveyancewhen regular public transportation between the points being travelled ceases becauseof inclement weather or disaster. In the case of tours for which a musician isrequired to provide his/her own transportation, no musician shall be required to doso when driving conditions have been declared hazardous by the appropriate lawenforcement agency. It is understood the musicians providing their owntransportation shall travel at their ownrisk. No services shall be scheduled within twelve (12) hours of a return from a tourwith 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.

X BROADCASTS, RECORDING AND PHOTOGRAPHY

1. For the purpose of this Article, “recording” is defined as an audio and/or audio-visualrecording of a live performance. Any such recording, of any portion of a rehearsal orperformance, shall be in accordance with the rules and regulations of the AFM/CFM.

All recordings by the Society shall be of the best quality of reproduction. This Article is forthe use of the Orchestra only and cannot be used for third party or sold services. The Societyretains control of recordings made by the Orchestra. Any project not covered under existingAFM/CFM agreements must be negotiated with the participation of Local 566 and CFM.

2. Commercial Phonograph Recordings

Phonograph product shall mean any phonograph record, compact disc, tape or any other physical or digital device reproducing sound, whether now in existence or which may come into existence.

(a) Any commercial recording, which has been authorized by the Society, and which ismarketed to the public as having been recorded by the WSO or part thereof, or by atrade name or otherwise, which directly or indirectly implies the use of the WSO inthe recording, shall be made in accordance with the appropriate AFM/CFMAgreement.

(b) Each musician will be paid at least the minimum applicable recording fee for anysuch recording. It is understood that the recording fee for each musician shall be paidin addition to the musician's contracted fee under this Agreement. Nothing in thisAgreement shall prevent musicians from negotiating a higher fee for their servicesthan the AFM/CFM minimum recording fee.

(c) If a regular season concert is to be recorded for commercial purposes, it shall be done

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in accordance with (a) and (b) above.

(d) The Society accepts full responsibility for the distribution and use of any recordingproduced under the terms of this Agreement.

3. Non-Commercial Recordings

The following recordings of the WSO are not subject to any additional fees being paid to the musicians.

(a) Archival Recordings

The Society may, at its discretion, designate a qualified person to make recordingsof orchestra performances (subject to guest artist and composer approval) providedthe following conditions are met:i. All recordings shall remain at all times in the custody of the Society.ii. Any such recording shall be done ‘live’ in a single take.iii. Such recordings shall never be used as evidence in any disciplinary

demotion, reseating, or dismissal proceeding.iv. Such recordings shall be available (with reasonable notice) at all times

during normal business hours in the Society’s office for review and study.The Society will not allow any use of such recordings for purposes other thanreview by the Conductor/Music Director and members of the orchestra, andother authorized personnel as mutually agreed upon by the Society, Players’Committee and Local.

v. Authorized personnel wishing to listen to any archival recordings shall berequired to sign a waiver agreeing not to duplicate such recordings, andassuming liability for the cost and legal effects of any misuse of suchrecordings.

(b) Authorized Release of Archival RecordingsSingle copies of audio or audio/video recordings may be released to composers orsoloists provided that the Society and the composer or soloist enter into a “PersonalUse” Recording Agreement. The recording shall contain only the performance of thecomposer’s work or of the soloist, and shall not contain any other portion of theprogram in whole or in part. A fee of $150.00 will be payable by the artist to theWindsor Symphony Players’ Association, except that the fee for contracted WindsorSymphony musicians will be $25.00. The copies are for personal use only and maynot be reproduced or uploaded to any website.

(c) Grant Applications

The Society may use portions of any archival recording(s) and/or video recordings toprovide supporting material to grant-giving agencies. The Society may also recordthe orchestra for grant applications, without remuneration, with prior notice to themusicians [or Players’ Committee chair or designate] prior to the beginning of the

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season. The Society will notify Sessional and per service musicians at the time of hire that recording of the rehearsals and the performance(s) may take place for the purposes of grant applications.

(d) Promotional Purposes

i) The Society may record content of rehearsals and concerts undertaken as partof the orchestra's schedule for the sole purpose of promoting the WindsorSymphony Orchestra.

ii) The Society shall notify the Players’ Committee, in writing, immediatelyupon receiving notification that such recording would be made, and ifpossible, no later than seven (7) days prior to the recording date.

iii) The recorded content must be edited down to no more than four (4) minutesof non-consecutive segments and approved for use by the Music Director.

iv) The Society may not use such content for commercial purposes, or fordisplacement of musicians in rehearsal or performance where live musicwould normally be used.

v) The Society shall assume full responsibility for any and all uses of theserecordings.

vi) The Society may use this content on its own website, in conjunction with itsmedia on other internet sites such as the Society’s YouTube or Facebookpages, in kiosks or monitors at its location or in tourist or other promotionallocations, in cell phone or wireless transmission, in streaming emails, or inpodcasts as long as the segments used for promotional purposes are notthemselves being sold.

(e) Fundraising

The Society is permitted to use audio-visual content from any of its recordings forWSO fundraising purposes. Such fundraising purposes may include music atmeetings and/or presentations of the Society, sound track to promotional films and/orvideos, or like use. The Society agrees that such uses will be restricted to WSOfundraising and will not be for commercial or profit use, and that third parties (suchas film companies) will sign guarantees for such restriction.

(f) News Media

With permission from the Society, broadcasters may record up to five (5) consecutiveminutes of music, of which two (2) minutes may be used, for news or news magazineprograms because of the newsworthy nature of the performance or the occasion. TheSociety shall provide prior notice to the musicians [or Players’ Committee chair or

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designate] as soon as practical.

4. Recording & Photography

Photo call Announcement

The Society shall have the option of designating up to two regularly scheduled servicesduring the season for photo call for the purpose of obtaining photographs/video/film clips ofthe Orchestra. Such video or film clip will be used only for promotional or publicitypurposes 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 servicesubject to a maximum of three hours from the beginning of a service for photo call. Theservice(s) to be designated for photo call will be established on seven (7) days’ notice.Musicians will be notified by the Personnel Manager.e.g.: 1 Formal Dress

1 Rehearsal Dress for informal shot 1 ECO session

a. Photography and Recording at Public Performances:

i) Concerts

The Society welcomes patrons and musicians to take photographs inside the concert hall before or after the concert and at intermission. During performances, all unauthorized photography and recording (per Article X 1.) of the orchestra is strictly prohibited. The Society shall ensure that patrons, and the theatre staff in charge of admitting patrons into the hall, are made aware that unauthorized recording and photography are prohibited once the concert begins. The use of cameras, smartphones, and/or other recording devices for commercial reproduction or sale is strictly prohibited without the prior written consent of the Society and the Windsor Federation of Musicians.

ii) Rehearsals

The Society shall notify any spectators that recording and flash photography are prohibited.

5. Notification to Union

Not more than ten (10) days after the creation of all recording(s) for commercial purposes,the Society shall provide the Local with the following information:(a) A full personnel list of all musicians participating in the service during which the

recording was created, (and HST Registration for each musician, if applicable)(b) The repertoire included in the recording(c) The date & location that the recording was created, and

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(d) The conductor/soloist(s)/contemporary composer(s) as per the recordingrequirements set out by the AFM/CFM.

6. Recordings - Unauthorized Use

Should any recording created under this Agreement ever be utilized by the Society or a thirdparty for any purpose not expressly provided for in this agreement, the Society agrees toenter into and fulfil all terms and conditions of the appropriate AFM/CFM agreement(s)including, but not limited to, the payment of prevailing wages and allied fringe benefits asdetermined by the AFM/CFM at its sole discretion.

SEE ATTACHMENTS:

Schedule C: CDN Artist Promotional Video Content Agreement Schedule D: CDN Personal Study Non-Commercial Use

XI AUDITIONS

1. (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 Agreementbecome vacant under the terms of this agreement, or new positions be added toSchedule B, the vacant or new position shall be filled by audition and announced asfollows:

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 Orchestras Canada JobBoard; for International auditions, in the International Musician.

v) all announcements must include a “Deadline Date” for receipt ofapplications and resumes (seven (7) days prior);

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

Intra-Orchestra Auditions

4. (a) Rather than holding Intra-Orchestra auditions, WSO contracted players (of anycitizenship) will be given an automatic pass into the second round of the audition. Each player, including contracted musicians, must play the first round.

(b) 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 theaudition. The Committee shall have seventy-two (72) hours from time of notificationto forward the names of eligible musicians to the Director of Operations. It isunderstood by all parties that for National level auditions, non-contracted musiciansmust have Canadian citizenship or Permanent Resident Status in order to be eligibleto receive an automatic pass to the second round. Each player, including non-contracted musicians identified by members of the Audition Committee, must playthe first round.

National and International Auditions

3. In the case of National auditions (open only to Canadian citizens and those with PermanentResident Status), notice shall be provided in accordance with the Orchestras CanadaOpenings, at least forty-two (42) days in advance of the audition. Auditions shall not bescheduled during the Audition Committee’s scheduled time off.

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

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

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

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VACANCY AUDITION COMMITTEE MEMBERS

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

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

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

(c) The quorum (minimum number of members of the Audition Committee) for allauditions shall be seven (7) Committee members. Each Committee member shallhave one (1) vote.

(d) In the event that an appointed Audition Committee member is unavailable to attendan 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 theCommittee.

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

6. An audition repertoire list shall be compiled by the principal of the appropriate section withthe concurrence of the Music Director. The audition list shall be made available upon thecandidates' application for the position. The principal shall be given the opportunity toreview the repertoire list prior to each announcement. For the Audition Committee, the listshall be made in the form of an audition book, which shall contain copies of each piece fromthe list with the excerpts to be performed clearly marked. This book shall be approved bythe applicable principal one (1) week prior to commencement of auditions.

7. (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.

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(c) One (1) 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.

(f) For Round One, balloting by secret ballot will be Yes/No to pass to the next round.

Fifty (50%) percent Yes Vote is required to pass to the second round of consideration. In Round One only, the Music Director will be able to advance candidates of his/her choice to the next round regardless of Committee vote.

(g) Candidates shall pass to subsequent rounds only with a majority vote. A tie vote

shall be deemed a negative vote.

(h) 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.

(i) 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.

(j) 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.

(k) The Committee may determine and designate an approved runner-up by applying the

procedures in (j) 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.

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

(m) 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.

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(n) 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 (2½) 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 1. 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 saidresignation 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 isdefined as the length of one (1) season.

3. Evaluation of ECO musicians on probation shall be conducted by the Music Director byFebruary 1st of their first year.

4. Before January 15th of the second year, a committee of five (5) tenured musicians shall beelected by the orchestra for each musician who is under review. All tenured musicians areautomatically nominees. If these positions cannot be filled, a tenured musician (either windor string) will be elected by the orchestra. The tenure committee shall advise the MusicDirector, in writing, of its evaluation of ECO musicians being considered for tenure. A copyof the committee’s evaluation and advice to the Music Director in respect of the musician inquestion shall be made available to the musician, upon the musician’s request. Should thecommittee advise unanimously against the granting of tenure, and the Music Directorsubsequently decides in his/her sole discretion not to grant tenure, the musician in questionshall have no right of appeal.

5. By February 1st of the second year of the ECO musician’s probationary contract, the MusicDirector shall inform the musician of his/her decision to grant tenure to the musician or tonon-renew the musician’s contract. A copy of the decision shall also be sent to theFederation.

6. If the Music Director decides to grant renewal of the musician’s contract for a thirdprobationary year, she/he shall give the musician a written evaluation not later than March15 of the second year outlining any problem areas and suggestions for improvement toenable 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 mayappeal her/his non-renewal by written notice to the Music Director, Executive Director, andrepresentative of the Federation by February 15.

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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.

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.

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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. 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 (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.

Conflict of Interest 22. Members of the Tenure Committee and/or Regular Status Review Committee and audition

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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 orreliability of a member of the Orchestra is unsatisfactory for his or her position, the MusicDirector shall meet with the musician in question prior to the end of the concert season butnot later than February 1 (ECO musicians) or February 15 (Per Service musicians), toinform the musician that his/her performance is unsatisfactory. This meeting shall beattended by the Chair or a representative of the Orchestra Committee and a representative ofthe Society. If the musician in question decides to renew his/her contract for the followingseason, he/she shall automatically be placed on probation from the start of the new seasonfor a period of up to four (4) months. If, during this period, the musician’s performance hasnot improved to the satisfaction of the Music Director, a letter of dismissal, signed by theMusic Director and the Executive Director, shall be sent to the musician. A copy of thisletter 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 1 (ECO musicians) orFebruary 15 (Per Service Musicians).

24. If the musician’s performance has improved sufficiently, a letter signed by the MusicDirector, indicating that the musician’s performance is acceptable shall be sent to themusician. A copy of this letter shall be sent to the President of the Local and the Chair of theOrchestra 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 appealhis/her dismissal by written notice of appeal to be delivered to the Music Director withintwo (2) weeks of receipt of the letter of dismissal. Copies of the written notice of appealshall be delivered to the Executive Director, the representative of the Federation and theChair of the Orchestra Committee.

26. The Appeal Committee shall be constituted by seven (7) tenured and/or regular statusmusicians elected by the Orchestra. If for any reason the Appeal Committee cannot be fullyconstituted as outlined, necessary substitutes from the Orchestra shall be elected by theOrchestra. One representative of the Federation, one representative of the Society and theMusic 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 beforeMarch 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

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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 takeplace, after hearing the appealing musician’s and the Music Director’s case, the votingmembers of the Appeal Committee will go into in-camera discussion. The decision of theAppeal 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 themusician under appeal, the Appeal Committee’s decision shall be upheld over that of theMusic Director. If the vote of the Appeal Committee is less than 51% in favour of theappealing musician, the decision of the Music Director shall be upheld. In either case, thedecision 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 verbalwarning in the presence of the Union Steward. The warning shall be followed by awritten notice from the Executive Director, to the musician and copied to theFederation, stating the objectionable conduct and the Society’s expectationsregarding future deportment in this regard; (Although such written notice shall notbe required for any incident dating prior to the ratification of this Agreement, anyincidents in any musicians’ files at the signing of this agreement shall be confirmedin writing to those musicians, with a copy to the Federation)

b) The musician’s objectionable conduct must have been repeated and followed by theprocedure noted in Article XIII 31(a) above.

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

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

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

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

(a) Step 1 – If a musician has a grievance, and so elects, the musician may discuss thematter with the Personnel Manager and/or Director of Operations in the presence ofthe Steward. If the Local has a grievance, the Steward shall discuss the matter withthe Personnel Manager and/or Director of Operations. The parties hereto agree thatthey 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 grievanceshall be submitted in writing to the Executive Director within fifteen (15) calendardays from the time of the circumstances upon which the grievance is based wereknown or should have been known by the aggrieved party. The Society and theLocal shall meet within ten (10) days thereafter and make every effort to attempt toamicably resolve the grievance.

(c) Step 3 – If the grievance remains unresolved fourteen (14) days after the conclusionof Step 2, either party may refer the grievance to a single arbitrator for final andbinding determination. The parties shall attempt to agree on an arbitrator to hear anddetermine the grievance. If the parties are unable to agree on an arbitrator in one (1)months’ time, then the Ontario Ministry of Labour will be asked to appoint anarbitrator who will have all of the duties and powers contained in the Ontario LabourRelations Act. The expenses of the arbitrator will be shared equally by both theLocal 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 thenon-renewal or dismissal of a Musician, any appeal which is based on the issue of musicalcompetence, shall not be considered as a grievance but as an appeal subject to theprocedures 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 (10)days of the delivery of the decision appealing therefrom to an impartial arbitrator to beselected by the parties to this agreement.

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

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

XIV GRIEVANCE AND ARBITRATION PROCEDURES

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

Signed, For the Windsor Symphony Society For the Windsor Federation of Musicians

Local 566, American Federation of Musicians of United States and Canada

______________________________ ______________________________

____________________________________ _______________________________ (Date) (Date)

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Schedule “A” and “B”

SCHEDULE A: ECO Musicians Orchestra Position 2017-2018 2018-2019 2019-2020 2020-2021

Guarantee Rate Guarantee Rate Guarantee

Rate

Guarantee

Rate

1 Assistant Concertmaster 182 $140.45 182 $143.26 182 $146.13 182

$149.05

2 Section Violin 1-3 182 $112.36 182 $114.61 182 $116.90 182 $119.23 3 Section Violin 1-4 182 $112.36 182 $114.61 182 $116.90 182 $119.23 4 Section Violin 2-3 182 $112.36 182 $114.61 182 $116.90 182 $119.23

5 Principal Second Violin 182 $140.45 182 $143.26 182 $146.13 182

$149.05

6 Assistant Principal Second Violin

182 $117.57

182 $119.92

182

$122.31

182

$124.75

7 Principal Viola 182 $140.45 182 $143.26 182 $146.13 182 $149.05

8 Assistant Principal Viola 182 $117.57

182 $119.92

182

$122.31

182

$124.75

9 Section Viola 182 $112.36 182 $114.61 182 $116.90 182 10 Principal Cello 182 $140.45 182 $143.26 182 $146.13 182 $149.05

11 Assistant Principal Cello 182 $117.57

182 $119.92

182

$122.31

182

$124.75

12 Section Cello 182 $112.36 182 $114.61 182 $116.90 182 $119.23 13 Principal Bass 182 $140.45 182 $143.26 182 $146.13 182 $149.05 14 Principal Flute 124 $140.45 124 $143.26 124 $146.13 124 $149.05 15 Principal Oboe 124 $140.45 124 $143.26 124 $146.13 124 $149.05 16 Principal Clarinet 124 $140.45 124 $143.26 124 $146.13 124 $149.05 17 Principal Bassoon 124 $140.45 124 $143.26 124 $146.13 124 $149.05

18 Principal French Horn 124 $140.45

124 $143.26

124

$146.13

124

$149.05

SCHEDULE B: Per Service Musicians

Orchestra Position 2017-2018 2018-2019 2019-2020 2020-2021

Guarantee Rate Guarantee Rate Guarantee

Rate

Guarantee

Rate

19 Flute 2 70 $112.36 70 $114.61 70 $116.90 70 $119.23 20 Oboe 2 70 $112.36 70 $114.61 70 $116.90 70 $119.23 21 Clarinet 2 60 $112.36 60 $114.61 60 $116.90 60 $119.23 22 Bassoon 2 60 $112.36 60 $114.61 60 $116.90 60 $119.23 23 Horn 2 75 $112.36 75 $114.61 75 $116.90 75 $119.23 24 Horn 3 50 $112.36 50 $114.61 50 $116.90 50 $119.23 25 Horn 4 50 $112.36 50 $114.61 50 $116.90 50 $119.23 26 Principal Trumpet 75 $140.45 75 $143.26 75 $146.13 75 $149.05 27 Trumpet 2 60 $112.36 60 $114.61 60 $116.90 60 $119.23 28 Principal Trombone 60 $140.45 60 $143.26 60 $146.13 60 $149.05 29 Trombone 2 40 $112.36 40 $114.61 40 $116.90 40 $119.23 30 Trombone 3 40 $112.36 40 $114.61 40 $116.90 40 $119.23 31 Principal Timpani 60 $140.45 60 $143.26 60 $146.13 60 $149.05 32 Principal Percussion 50 $140.45 50 $143.26 50 $146.13 50 $149.05 33 Percussion 2 40 $112.36 40 $114.61 40 $116.90 40 $119.23 34 Section Violin 1-5 50 $112.36 50 $114.61 50 $116.90 50 $119.23

47

35 Section Violin 1-6 50 $112.36 50 $114.61 50 $116.90 50 $119.23 36 Section Violin 1-7 50 $112.36 50 $114.61 50 $116.90 50 $119.23 37 Section Violin 2-4 50 $112.36 50 $114.61 50 $116.90 50 $119.23 38 Section Violin 2-5 50 $112.36 50 $114.61 50 $116.90 50 $119.23 39 Section Viola 40 $112.36 40 $114.61 40 $116.90 40 $119.23 40 Section Cello 40 $112.36 40 $114.61 40 $116.90 40 $119.23 41 Section Bass 2 50 $112.36 50 $114.61 50 $116.90 50 $119.23 42 Section Bass 3 35 $112.36 35 $114.61 35 $116.90 35 $119.23 Indicates Vacant Position

ARTIST PROMOTIONAL CONTENT AGREEMENT

FOR STREAMING

Canadian Symphonic Use Only

This Agreement is entered into on a one-time, non-precedent setting basis, and should not be construed

as an AFM/CFM Agreement for general use.

1. Parties

In consideration of the mutual covenants herein contained and of other good and valuable

considerations, Local #_______ of the American Federation of Musicians of the United States and

Canada (hereinafter called the "Local”) agrees with __________________________ (Name of

Orchestra -hereinafter called the "Engager") on the terms and conditions in the paragraphs below. This

agreement relates only to the engagement of musicians in Canada in connection with the making of a

single live recording of a performance by ______________________________________ (Name of

Artist – herein after called the "Artist") for the purposes outlined in the attached Release and

Undertaking Form.

2. Definition

1. Content: audio or audio-visual recording of a live performance.

2. Streaming: Content made available to the end-user over the Internet via a streaming media server.

No files are transferred to the end user; rather, streaming can be likened to a radio or television

program carried over the airwaves, except that in the case of streaming, the program is carried over

the Internet. This distinguishes streaming technology from file transfer technologies such as

podcasts, ITunes or movie download from Amazon purchases.

3. Conditions and responsibility

By signing below the Engager accepts and acknowledges full responsibility for the following:

1. The orchestra committee and the Local shall receive two (2) weeks written notice of the Engager’s

intent to create or allow the creation of the content.

2. A secret ballot majority vote of the orchestra musicians and approval of the Local is required

before the content may be created, and a certification of compliance shall be attached hereto.

3. The Engager will obtain a signed Release and Undertaking Form from the Artist, and attach it

hereto.

4. Taping may occur only in conjunction with a regularly scheduled performance. No special taping

session shall be allowed.

5. Musicians playing in the performance will be compensated as provided for in the attached Release

and Undertaking.

6. The content shall contain only that part of the performance that includes the above named Artist,

and shall not contain any other portion of the program in whole or in part.

WSO Master Agreement 2017-2021Schedule C

Release and Undertaking –Artist Promotional Content for Streaming (2018.05.04)

2

7. Not more than ten (10) days after the creation of the content, the Engager shall provide the Local

with a full personnel list of all musicians participating in the performance during which the

content was created, the social insurance number (and HST number, if applicable) of each

musician participating in such performance, the repertoire included in the content, and the date

that the content was created.

8. The content shall not be used in any dismissal, demotion or disciplinary proceeding.

9. This agreement shall remain in full force and effect as long as the content made under its terms

and conditions exists. Further, nothing in this agreement shall in any way set a precedent for future

agreements between the Local and the Engager.

ACCEPTED AND AGREED: ACCEPTED AND AGREED:

By:___________________ By:___________________

Authorized Officer Engager

Local # _______AFM

DATE: _______________ DATE: ________________

Release and Undertaking –Artist Promotional Content for Streaming (2018.05.04)

3

CERTIFICATION OF COMPLIANCE

(Artist Promotional Content for Streaming)

WE THE UNDERSIGNED REPRESENT THE MUSICIANS OF THE

_________________________________ BY SIGNING BELOW WE HEREBY CERTIFY THAT A

SECRET BALLOT VOTE OF THE ORCHESTRA WAS TAKEN, AND THAT A MAJORITY OF ITS

MEMBERS HAVE VOTED IN FAVOUR OF PERMITTING THE CREATION OF A SINGLE

CONTENT RECORDING FOR PROMOTIONAL PURPOSES FOR USE BY

________________________________________, PROVIDED THAT ALL TERMS AND CONDITIONS

OF THE ATTACHED LETTER OF AGREEMENT ARE FULFILLLED AND UPHELD BY THE

ENGAGER/ARTIST SIGNATORY THERETO.

DATE: _______________ __________________________________

Chairperson, Orchestra Committee

___________________________________

Authorized Officer, Local ________, A.F.M.

(WITNESS)

Release and Undertaking –Artist Promotional Content for Streaming (2018.05.04)

4

ARTIST PROMOTIONAL CONTENT FOR STREAMING

RELEASE AND UNDERTAKING FORM

Canadian Symphonic Use Only

This letter of agreement applies to a recording of a full concert performance of the Artist.

Recorded on: ___________________________

By the: ___________________________

With the participation of the Artist: _________________________________________________

For the purposes: Streaming of content only online on one (1) of Artist’s own website or in

conjunction with its social media platforms, such as the Artist’s YouTube,

Instagram or Facebook pages. Content shall not be sold, made available for

download, nor shall it be used for any other purpose except pursuant to

agreement with the American Federation of Musicians of the United States and

Canada (hereinafter called the “AFM”).

Definition

1. Content: audio or audio-visual recording of a live performance.

2. Streaming: Content made available for free to the end-user over the Internet via a streaming media

server. No files are transferred to the end user; rather, streaming can be likened to a radio or

television program carried over the airwaves, except that in the case of streaming, the program is

carried over the Internet. This distinguishes streaming technology from file transfer technologies

such as podcasts, ITunes or movie download from Amazon purchases.

______________________________________________________________________________________

In consideration of receiving content from the Engager and in consideration of the giving of permission by

the Local of the AFM for the release of content as described above, the Artist accepts and takes full

responsibility of the following:

1. FEES FOR RECORDING OF:

a) Artist full performance edited to thirty (30) minutes of content: $67 per musician

b) Artist full performance edited to four (4) minutes or less of content: $34 per musician.

2. USE:

a) The fees and conditions above apply to a one-year window effective on the date that the

content becomes available for streaming.

b) Fees per additional year of use (75 % of recording fee):

i. Content edited to thirty (30) minutes: $50 per musician.

ii. Content edited to four (4) minutes or less: $26 per musician.

3. MAXIMUM LENGTH OF FINISHED CONTENT: Thirty (30) minutes

4. PENSION CONTRIBUTION: 12% over and above all minimum fees to The Musicians’

Pension Fund of Canada

Release and Undertaking –Artist Promotional Content for Streaming (2018.05.04)

5

5. WORK DUES: As per Local rate

6. PAYMENT REQUIREMENTS: Payments made pursuant to this agreement will be made

through the Engager or the Local within fifteen (15) days

following the performance.

7. REPORT FORM: AFM B-7 contract

8. Should content created under these terms ever be utilized for any purpose not explicitly set forth

herein, the Artist agrees to enter into and fulfill all conditions required by the appropriate

agreement of the AFM, including, but not limited to, the payment of prevailing wages and allied

fringe benefits as outlined therein.

9. Should any content generate revenue to the Artist; the musicians will receive their pro-rata share

of fifty percent (50%) of the gross receipts from the exploitation of said content.

10. The duly authorized representative of the Local, upon presentation of proper identification, shall

be granted access to the place where services are being performed hereunder.

11. The Artist agrees to indemnify and save harmless the AFM from all claims, demands, actions,

suits, or other proceedings of whatever nature or kind, made, brought, or prosecuted against the

Engager or the AFM arising out of the use by the Artist or others of any copy of the content, or

arising otherwise as a result of any act or omission done hereunder, and to reimburse immediately

the Engager or the AFM for all loss, damages, costs, expenses and/or disbursements incurred by

the Engager or the AFM in connection with such claim, demand, action, suit and/or other

proceeding upon receipt of written notice from the Engager or the AFM.

This release and undertaking shall remain in full force and effect as long as any content made under its

terms and conditions exists.

_______________________________________ _____________________________

Signature of Artist: Date

_______________________________________

Street Address

_______________________________________

City, Province, Postal Code

PERSONAL STUDY / NON-COMMERCIAL USE RECORDING RELEASE AND UNDERTAKING FORM

(Canadian Symphonic Use Only)

For use by Canadian symphony orchestras, in conjunction with the orchestra’s collective agreement, where the collective agreement includes language and clauses relating to the recording and use of archival audio/video content and material.

To be used when copies of the archival recording are requested by soloists, composers, or conductors for the purposes of personal study, grant applications, to obtain future live performances, as a demonstration recording for recording projects, applications for professional development or educational programs, or auditions (for conductors).

January 2017

WSO Master Agreement2017-2021

Schedule D

PERSONAL STUDY / NON-COMMERCIAL USE RECORDING RELEASE AND UNDERTAKING FORM

(Canadian Symphonic Use Only)

This letter of agreement applies to a digital audio/video recording:

Recorded on: (date)

By the: (orchestra)

Name of works recorded:

For the purposes of: • personal study• grant applications• to obtain future live performances• demonstration recording for recording projects• application to a professional development or educational program• auditions (for conductors)

In consideration of receiving an audio/video recording from ______________________________ (Name of Orchestra) and in consideration of the giving of permission by Local # __________ of the American Federation of Musicians of the United States and Canada (hereinafter called the “AFM”) for the release of an audio/video recording as described above, I accept and take full responsibility for the following:

1. The above described audio / video recording received by me shall be used only for thepurposes as described above. The recording will not be sold, leased, licensed for anypurpose, shared on social media, broadcast in any manner, used for any commercialpurpose, used for any public purpose or for any other purpose whatsoever not hereinprovided and shall not be further reproduced in any manner by me or others. Therecording shall be at all times labelled:

“For Personal Study / Archival Use Only Not for Sale, Broadcast or Commercial or Public Use”

2. Should the recording created under these terms ever be utilized for any purpose notexplicitly set forth herein, including but not limited to displacement of musicians inrehearsal or performance, demonstration or marketing of services or product by anygroup or individual, broadcast, the creation of recordings of any kind, promotional spotsor commercial announcements, theatrical, commercial or public exhibition, backgroundmusic for any type of visual or audio program, I agree to enter into and fulfill all conditionsrequired by the appropriate agreement of the AFM, including, but not limited to, thepayment of prevailing wages and allied fringe benefits as outlined therein.

Page One of Two

Page Two Release and Undertaking – Personal Study / Non-Commercial Use

3. I agree to indemnify and save harmless the AFM and the Engager from all claims,demands, actions, suits, or other proceedings of whatever nature or kind, made, brought,or prosecuted against the Engager or the AFM arising out of the use by me or others ofthe said recording or otherwise as a result of any act or omission done hereunder, and toreimburse immediately the Engager or the AFM for all loss, damages, costs, expensesand/or disbursements incurred by the Engager or the AFM in connection with such claim,demand, action, suit and/or other proceeding upon receipt of written notice from theEngager or the AFM.

This release and undertaking shall remain in full force and effect as long as any recording made under its terms and conditions exists, notwithstanding termination of this agreement.

Name (signed) Date

Name (printed)

Street Address

City, Province, Postal Code

Telephone

Email Address

APPROVED BY:

Representative for Orchestra Management