collective agreement - ontario · 1.03 all clauses in this collective agreement refer to...

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Approved by City Council: COW Meeting November 7, 2017 Ratified by IATSE Bargaining Unit,· October 18, 2017

COLLECTIVE AGREEMENT

THE CORPORATION OF THE CITY OF KINGSTON for the Grand Theatre Complex

hereinafter referred to as the "Employer",

and

I.A.T.S,E, LOCAL 471 ofthe International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists

and Allied Crafts of the United States, Its Territories and Canada,

hereinafter referred to as the "Union",

it being understood that Employer shall mean the City of Kingston for the Grand Theatre Complex or its authorized Representative, and that "Union" shall mean I.A.T.S.E. Local 471 of the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States Its Territories and Canada or its authorized representative.

(Term: January 1, 2017to December 31, 2019)

INDEX

Terms and Definitions

Article 1 Preamble

Article 2 Recognition and Scope

Article 3 Management Rights

Article 4 Union Security

Article 5 Joint Consultation

Article 6 Grievance Procedure

Article 7 Arbitration

Article 8 Time Limits

Article 9 Personnel Requirements

9.02- Sick Leave Plan

9.03- Bereavement Leave

9.04- Jury Service

Article 10 Event Categories

Community -Article 10.01

Professional Category- Article 10.02

The Kingston Symphony Assoc.- Article 10.03

Youth Short Performance

Meetings- Article 10.04

The Baby Grand- Article 10.05

Article 11 Payment of Wages I Overtime I Stat. Holidays

Article 12 Work Agreement

Article 13 Insurance

Article 14 Term of Agreement

Wage Schedule "A"- Regular Employees

Collective Agreement between the Corporation of the City of Kingston And I. A. T. S. E. Local 4 71

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TERMS AND DEFINITIONS:

The minimum pay for all calls excluding an "out" will be four ( 4) continuous hours at the applicable hourly rates for Professional Category only.

Categories:

Community Production

Professional

A presentation in which some, but not all, personnel are paid.

A presentation (excluding the Kingston Symphony) m which all or the majority of personnel are paid.

Dress Rehearsal - Any activity on the Grand Theatre stage during which performers and technicians are rehearsing the performance with all production elements present.

Employee(s) for the purposes of this Agreement shall mean Regular Stagehand and Stagehand( s ).

Grand Theatre - The Grand Theatre Complex

In - Any work performed in the Grand Theatre in preparation for a first performance.

Meeting - Any activity on the Grand Theatre stage where the primary purpose is to inform rather than entertain.

Out (also called Takedown, or Teardown)- Any work performed in the Grand Theatre to restore it to its pre-setup condition.

Performance - Any activity on the Grand Theatre stage whose primary purpose is to entertain rather than inform.

Stagehand - A person who operates curtains, moves scenery and/or properties on or off stage, works on the Fly Floor or Grid, works in any of the following departments: Carpentry, Electric, Moving Picture Machine Operation, Properties, Sound, and Wardrobe.

Standby- A person who shall be strictly on a standby position, and shall be considered when applying the ratio formulae for Community shows, and shall be considered as part of the minimum personnel requirements.

Volunteer- An unpaid worker.

Warm ups and Spacing - Any activity on the Grand Theatre stage during which performers prepare for either rehearsal or performance in an organized or directed fashion.

Work Call- Calls to work other than an In, Out, Performance, Rehearsal, Meeting, Warmup and Spacing, and Extended Performance.

Collective Agreement betiveen the Corporation of the City of Kingston Andl.A.T.S.E. Local471

ARTICLE 1 - PREAMBLE

1. 0 1 It is the desire of both parties to this agreement:

a) To foster harmonious relations and settled conditions of employment between the Employer and its Employees;

b) To recognize the mutual value of joint discussions and negotiatiOns m matters pertaining to working conditions, employment, wages and benefits;

c) To encourage efficiency in operation;

d) To preserve and promote harmonious volunteer and Union relations.

1.02 It is the general purpose of this Agreement to set forth the conditions of employment, the rates of pay and hours of work to which both parties have agreed, and to provide a procedure for prompt and fair settlement of grievances.

1.03 All clauses in this Collective Agreement refer to Performances, Ins, Outs, Rehearsals, Work Calls, Meetings, Warmups and Spacing, and Extended Performance Calls requiring the use of equipment under the jurisdiction of the Union.

ARTICLE 2- RECOGNITION AND SCOPE

2.01 The Employer recognizes IATSE Local 471 as the exclusive bargaining agent for the following categories of stagehands: Carpenter; Curtain Operator; Electrician; Assistant Electrician; Head Flyperson; Extra Flyperson; Grip; Lamp Operator; Moving Picture Machine Operator; Property person; Assistant Property persons; Soundperson; Wardrobe. The parties agree that volunteers are not employees for the purpose of this Collective Agreement.

2.02 The Union agrees to furnish competent stagehands to perform work at the City's Grand Theatre Complex, as required by the Employer under the provisions of this Collective Agreement.

2.03 In the event that the Grand Theatre, engages in work not covered by Article 2 - Scope, the Grand Theatre agrees to meet with the Union and discuss in good faith the possibility of such work being performed by Union members.


2.04 The Employer agrees to pay to each employee furnished by the Union in accordance with the agreement, not less than the rate as set out in Article 11.01 of this Collective Agreement.

2.05 The Employer shall have the right to continue its practice of using volunteers, providing by doing so the Employer does not act contrary to the terms of this Collective Agreement.

2.06 The Union and the Employer agree there shall be no slowdowns, sit-downs or strikes or lockouts so long as this Agreement continues to operate.

2.07 The Union is a member of the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States its territories and Canada and the Employer shall therefore not require the Union or its members to do any act, or omit to do any act, or accept any obligations which are inconsistent with the duties and obligations imposed on the Union or its members by its Local Working Rules, and/or by the Working Rules, Constitution, By-Laws and Regulations of the International Alliance, or which would render the Union or its members in breach of any provision of its Local Working Rules, and/or the Working Rules, Constitution, By-Laws and Regulations of the International Alliance.

2.08 An IATSE decal shall be displayed on the door of the lighting booth letting patrons know that a Union operator is employed. The names of the regular stagehands shall be included in the City of Kingston led Grand Theatre programming playbills, and where lessee programs include staff listings, the Employer will undertake best efforts to ensure that the regular stagehands are identified.

ARTICLE 3- MANAGEMENT RIGHTS

3.01 The Union recognizes the right of the Employer to operate and manage its business in all respects, including but not limited to:

a) Determining the nature and schedule of productions;

b) hiring, promoting, transferring, demoting, laying off employees, creating and classifying positions, determining staffing requirements and qualifications, determining methods and hours of work, assigning, directing and scheduling work, maintaining order and efficiency;

c) disciplining, suspending, discharging or otherwise disciplining employees for just cause; and

d) making and altering from time to time, rules, regulations and policies to be observed by employees regarding working conditions, conduct and management of Performances, Ins, Outs, Rehearsals, Work Calls and Extended Performance Calls.


3.02 Rules and regulations as transcribed shall be sent to the Business Agent of the Union and the Employer shall advise the Union of any amendments as they are enacted.

ARTICLE 4 - UNION SECURITY

4.01 The Union shall provide to the Employer a copy of its Local Working Rules and/or the Working Rules, Constitution, By-Laws and Regulations of the International Alliance, and shall advise the Employer of amendments as they are enacted.

4.02 The Employer shall deduct from every Employee regular dues in accordance with the Union Constitution and/or by-laws and owing by him/her to the Union.

4.03 The Employer agrees to hire for union positions no one but members in good standing in the Union, or persons in possession of a valid work permit issued by the Union. All persons so employed shall remain members in good standing, or shall continue to hold a valid work permit, as a condition of employment. This provision does not affect the Employer's use of volunteers in the circumstances set out in Article 2.05.

4.04 The Union Business Agent or designate will be allowed reasonable access to the work site, after first contacting management for permission. Such permission shall not be unreasonably withheld. In no case shall a visit interfere with the progress of work.

4.05 The Union agrees that its members shall obey all rules and directions in so far as they do not conflict with the terms of this Collective Agreement, with the local Working Rules now in force of the Union, or with the Working Rules, Constitution, By-Laws and Regulations of the International Alliance.

ARTICLE 5- JOINT CONSULTATION

5.01 a) On the request of either party, the parties shall meet within a reasonable period of

time for the purpose of discussing issues related to the workplace which affect the parties bound by this Agreement. Representation at such meetings will be limited to three (3) members of the employer and three (3) members of the Union unless otherwise agreed to by the parties.

b) Consultation may take place for the purpose of providing information, discussing the application of policy, and to promote mutual understanding. It is expressly understood that no decision or agreement from these meetings shall be construed to alter, amend, add or modify the terms of this agreement, unless agreed in writing to do so.


Article 5.01 (continued)

c) Except as otherwise provided in this Article or elsewhere in this Agreement, the Union or any Employee covered by the Agreement shall not engage in Union activities during working hours or hold meetings at any time on the premises of the Employer, without the express permission of the Employer.

ARTICLE 6 - GRIEVANCE PROCEDURE

6.01 Definition of Grievance

A grievance shall be defined as a difference ansmg between the Employer and the Employee(s) or Union due to the interpretation or application of any provision contained in this Collective Agreement

6.02 Settling of Grievances

An earnest effort shall be made to settle any gnevance fairly and promptly, without stoppage of work in the following manner:

Step 1 The aggrieved Employee(s) shall first seek to settle the grievance by reporting the circumstances and redress sought in writing to the Grand Theatre Manager within seven (7) working days of the occurrence giving rise to the grievance. The Grand Theatre Manager shall give his/her reply in writing within seven (7) working days of receiving the grievance

Step 2 Failing satisfactory settlement at Step 1, the griever(s) shall submit the original grievance and reply from the Grand Theatre Manager to the Cultural Director for the City of Kingston within five (5) working days of receipt of the reply from the Grand Theatre Manager. The griever(s) shall describe the redress sought. The Cultural Director shall render his/her reply within five (5) working days after receipt of the grievance. lf deemed beneficial, a meeting shall be arranged to discuss the grievance.

Step 3 Failing satisfactory settlement being reached at Step 2, the griever(s) shall submit the matter, within five (5) working days, to the Head of Human Resources for the City of Kingston or designate, who shall render his/her reply within ten (1 0) working days of receipt of the grievance. If deemed beneficial, a meeting shall be held with the grievor(s), Union Representative, Cultural Director and the Head of Human Resources, or designate in an effort to settle the grievance.



Step 4 Failing satisfactory settlement being reached at Step I, 2 or 3, the Union may, on giving ten (I 0) days' notice in writing from the date of delivery of the decision by the Head of Human Resources or designate, refer the dispute to Arbitration.

6.03 A Management grievance may be submitted to the Union Business Agent within five (5) working days of the occurrence giving rise to the grievance. The Union Business Agent shall render his/her reply within ten (I 0) working days of receipt of the grievance. Failing a satisfactory settlement being reached, Management may advance the grievance to Arbitration by giving such notice to the Union within ten (I 0) working days of receipt of the reply from the Business Agent.

ARTICLE 7- ARBITRATION

7.01 Single Arbitrator

Both parties to this Agreement agree that any Grievance which has been properly carried through all the steps referred to in Article 6 of this Agreement and which has not been satisfactorily settled, shall, at the written request of either party be referred to a single arbitrator who shall hear and decide the matter in dispute, including whether or not the matter is to be arbitrated. At the time of the referral the party referring the matter to arbitration shall provide the other party with the names of three (3) individuals who could act as an arbitrator in the matter. Within fourteen (14) days the other party shall either indicate acceptance of one of the names provided by the other party, or shall provide three (3) additional names of potential arbitrators.

If the parties cannot agree on the appointment of an arbitrator, the party referring the matter to arbitration shall request that the Minister of Labour appoint an arbitrator to hear the matter.

7.02 Arbitration Board

Both parties to this agreement agree that any grievance which has been properly carried through all the steps referred to in Article 6 of this Agreement, and which has not been satisfactorily settled, may, by either party, be referred to an Arbitration Board who shall hear and decide the matter in dispute, including whether or not the matter is to be arbitrated. At the time of the referral the party referring the matter to Arbitration shall provide the other party with the name of its nominee to the Arbitration Board.



If the recipient of the notice fails to appoint a nominee to the Arbitration Board within fourteen (14) days, the other party may request the Minister of Labour to appoint a nominee on behalf of the defaulting party. Should the nominees fail within fourteen (14) days to agree on a Chair, the nominee of either one or both parties may request the Minister of Labour to appoint a person who shall be Chair of the Arbitration Board.

7.03 Procedure

The Arbitrator or Arbitration Board shall hear and determine the grievance at issue and shall issue a decision. The decisions shall be final and binding upon the parties hereto, and any Employee affected by it. The Arbitrator or Arbitration Board shall not have the authority to alter, modify, or amend any of the provisions of this Agreement, or to substitute any provisions in lieu thereof, or to make any decision which is contrary to the express intent of this Agreement. The Arbitrator or Arbitration Board shall have the power to modify penalties or dispose of a grievance by any arrangement which he/she deems just and equitable.

7.04 Disagreement on Decisions

Should the parties disagree as to the meaning of the Arbitrator's or the Arbitration Board's decision, either party may apply to the Arbitrator or Arbitration Board to reconvene the hearing to clarify the decision.

7.05 Expenses

Each party to the Agreement shall pay all expenses of the nominee selected by it, or by the Minister of Labour on its' behalf, and shall share equally in the fees and expenses of the Chair or Arbitrator.

ARTICLE 8- TIME LIMITS

8.01 The grievance will be deemed to have been abandoned if the time limits under Article 6.02 have not been adhered to.

The time limits fixed in both the grievance and arbitration procedure may be extended by mutual consent of the parties to this Agreement. Saturdays, Sundays and legal Holidays will not be counted in calculating the time limits specified in the grievance and Arbitration procedures.


ARTICLE 9- PERSONNEL REQUIREMENTS

9.01 (a)

9.01 (b)

Classifications:

There shall be the following classification of Employees:

(i) Regnlar Part Time - Two (2) regnlar part time stagehands shall be offered a minimum of 1500 hours in each 12 month period, and such hours are to include sick time and overtime pay as applicable. Where an employee as referenced in 9.01 (a) (i) above declines any offer of hours, for any reason, the above noted minimum hours will be reduced accordingly. Paid leaves as described in this Collective Agreement and other legislated leaves that are taken will be considered as declining an offer of hours and the above noted hours will be reduced accordingly.

(ii) Casual Part Time- Stagehands who are full members of the Union and are called on a casual basis.

(iii) Permit Employee - Stagehands who are provided by the Union when regnlar part-time and casual part-time stagehands are not able to provide the necessary coverage. Such permit stagehands are not subject to a probationary period and do not accrue seniority.

Health Benefits

Two (2) regnlar part-time employees shall be entitled to the following benefits:

(i) Life Insurance ($30,000); (ii) Semi Private Hospitalization; (iii) Dental Care; (iv) Accidental Death and Dismemberment ($30,000) (v) Extended Health Care; (vi) Long Term Disability (vii) Vision Care (viii) Sick Leave (in accordance with Article 9.02)

These benefits plans shall be administered in accordance with the terms and conditions of the respective Master Insurance Policy and eligible claims shall be paid by the insurer and not the employer, with the exception of Sick Leave which is administered by the Employer.


Article 9.01 (Continued)

(c) Benefit plans shall be continued in accordance with the Collective Agreement for leaves of absence of less than thirty (30) calendar days. Leaves in excess of thirty (30) calendar days shall be without benefits, unless the employee makes the necessary arrangements with the Employer prior to going on leave to pay the cost of the monthly premiums.

(d) The two Regular Employees referenced in Article 9.01 (a) (i) may, at the discretion of the Employer, represent all or part of the minimum staffing requirements under Article 10, and provide maintenance of technical equipment and stage house, or other duties as assigned from time to time. Should these employees not be able to be present, the Union shall provide a substitute, approved in advance by the Employer.

(e) The Employer shall have the right to lay off, hire, discipline, manage and discharge Employees. The two (2) regular part-time employees referenced in Article 9.01 (a) (i) shall be selected from Local 471, then from 'Sister' Locals, provided the Employer is satisfied that a qualified applicant is available. In the event of a vacancy, it shall be posted for ten (1 0) business days at the Grand Theatre. A copy of the posting shall be provided to the Union for posting in other locations of Local 471 and 'Sister' Locals. lf after a further fourteen (14) days the position remains vacant, the Employer shall be at liberty to hire from outside the Union. lfthe individual selected is not a member of the Union, he/she shall join the Union and the Union undertakes to accept him/her, unless there is just cause why the Union should not. This does not limit the right of the Union to file a grievance in the event it is of the opinion the Employer failed to select an applicant from Local 471 or Sister Locals the Union considers to be qualified.

(f) Any Regular Employee shall be hired for a probationary period of six (6) months.

(g) In all cases where Union personnel are required, it shall be assumed that the Regular Stagehand will be present. If he/she is not able to be present, the Union shall provide a suitable substitute approved in advance by the Employer.

(j) The Employer shall have the right to train and use co-op students from the area schools, community colleges and universities. At no time shall a co-op student replace a union member on a call. Students shall receive supervised hands on training with members and shadow members in a learning capacity. Students shall be excluded from the bargaining unit and shall not be used as replacement workers.


9.02 Sick Leave Entitlement for Two (2) Regnlar Employee(s) {Described in Article 9.01 (a) (i)}

(ii)

i) The Regular Employee(s) shall be provided with a Short Term Disability Plan that provides the following features:

LENGTH OF SERVICE WEEKS OF SALARY AT 100% 66 2/3%

Less than 3 Months 0 0 3 Months but less than 6 months 0 17 6 Months but less than 12 months 1 16 1 Year but less than 2 years 2 15 2 Years but less than 3 years 3 14 3 Years but less than 4 years 4 13 4 Years but less than 5 years 5 12 5 Years but less than 6 years 7 10 6 Years but less than 7 years 9 8 7 Years but less than 8 years 11 6 8 Years but less than 9 years 13 4 9 Years but less than 10 years 15 2 10 Years and over 17 0

Length of Service shall be continuous service from date of most recent date of hire.

Benefits are payable from the first (1st) day of absence for the first four ( 4) occurrences of sickness and from the third (3'd) day of absence for the fifth (5th) occurrence and the 4th day of absence for the sixth (6th) and each subsequent occurrence in each calendar year.

Example: Occurrences

1st 2nd & 3rd 4th

5th '

6th & subsequent

Paid From 1st day of absence 3rd day of absence 4th day of absence

Occurrences will be calculated on the basis of a moving twelve month period, i.e. if the date of last occurrence is August 31, 2008, then the twelve month period is August 31, 2007 to August 31, 2008.

iii) An incident of absence is any continuous period of absence including vacation, statutory holidays, off days, etc.

i.e. SSS 00 AAAAA 000 ~one incident of 5 days



iv) Benefits are payable for a maximum of seventeen (17) weeks for each incident of absence due to an unrelated illness or non-occupational injury. Where the eligible Regular Employee has returned to work and has worked continuously for a six (6) month period with no absence due to the same condition, any further absence for that condition will be considered a new unrelated incident and the Regular Employee shall be restored to his/her full entitlement, unless an application for Long Term Disability Benefits has been approved by the carrier for the disability in question.

v) In the event the eligible Regular Employee is absent for more than three (3) consecutive working days, he/she must furnish a certificate on the approved form from his/her physician within seven (7) days from the commencement of such absence, stating the nature and probable duration of the illness and the first and most recent dates of his/her attendance upon the Regular Employee in connection with such illness.

vi) In the event the eligible Regular Employee is absent for more than one (I) calendar month, he/she must furnish, within seven (7) days following the end of each such period of absence, a certificate on the approved form from his/her physician stating the nature of his/her illness, the latest date of his/her attendance on the Regular Employee, and the probable date on which the Regular Employee will return to duty.

vii) Failure to provide properly completed certificates as noted in Articles 9.02 (v) and 9.02 (vi) above shall result in sick pay being withheld until such certificates are furnished.

viii) The Employer shall have the right, at any time, to require that the eligible Regular Employee who is absent on account of sickness or accident be examined and reported upon by a physician to be designated by the Employer. The Employer agrees to notify the Union in writing regarding such examination. The Regular Employee shall not suffer a loss of pay as a result of such medical appointment, and the Employer shall be responsible for any related physician fee.

ix) Adjustments in pay for illness or other reasons may be made on the current payroll or on the payroll for the next period.

x) Regular Employees that are eligible for Sick Leave under Article 9.02 who are off sick are to notify their Supervisor of their intention to return to duty at least twenty four (24) hours in advance of such reporting. Those who fail to do so, and report to work may be sent home without pay.


9.03 Bereavement Leave Entitlement for Two (2) Regnlar Employee(s) {Described in Article 9.01 (a) (i)}

The Regular Employee(s) shall be entitled to up to three (3) days leave in the case of death in his/her immediate family. He/she shall be paid at his/her regular straight time rate of pay for any hours he/she was scheduled to work during the leave period. Members of the immediate family shall be defined as Mother, Father, Spouse, Partner, Children, Brother, Sister, Mother in Law I Father-in-Law. Spouse shall include same sex spouse. This leave may be taken at a later date if approved by the Grand Theatre Manager to attend a memorial service (or equivalent). Such requests will not be unreasonably denied.

9.04 Jury Service Entitlement for Two (2) Regular Employees {Described in Article 9.01 (a) (i)}

Each eligible Regular Employee who is called to serve as a Juror shall:

(1) Notify the employer immediately upon receipt of Jury Service Notice;

(2) Be granted leave of absence for such purpose if he/she presents his/her Department Head with a copy of the Jury Service Notice showing the period of such service;

(3) Be paid his/her full salary or wage for the period of his/her Jury duty, provided he/she delivers all Jury fees to the Employer, except expenses.

( 4) Return to work when he/she can provide at least three (3) hours of work per day to the employer.

These Regular Employees, as a result of their duties with the employer, who are required to attend court cases in which the Employer is involved, shall be paid their regular rate of pay.


ARTICLE 10- EVENT CATEGORIES

10.01 Community Production Category

In/Out/Rehearsal/Performance - A minimum of two (2) Employees and whatever additional personnel is required to ensure that there is one Employee for every 2 Non-Union stagehands, in calculating the ratio for a minimum of three (3) hours. In calculating the ratio for wardrobe personnel, one (1) Employee shall be called for every two (2) Non-Union wardrobe personnel to a maximum requirement of two (2) employees, for a minimum of three (3) hours. For crews greater than six (6) the following ratio shall apply to the performance:

Crew of 7 3 Union 4 Non-Union Crew of 8 3 Union 5 Non-Union Crew of 9 3 Union 6 Non-Union Crew of 10 4 Union 6 Non-Union Crew of 11 4 Union ?Non-Union Etcetera.

Work Call- No minimum shall apply.

10.02 Professional Category

Professional Category In - A minimum of three (3) Employees and whatever additional personnel 1s required as determined by the Employer for a minimum of four ( 4) hours.

Dress Rehearsal - All Employees who will be working on the Performance for all Dress Rehearsals. There shall be a minimum of three (3) Employees for a minimum of four (4) hours.

Performance - A minimum of three (3) Employees for a minimum of four ( 4) hours, subject to Article 12.03. All Union categories as specified in Article 2.01 of this Collective Agreement to be covered by Employees.

Warm-ups and Spacing- A minimum of one (1) Employee, provided there are no other technical requirements, for the time required, that time to be contiguous with an In, Rehearsal or Performance. If it is not contiguous, then a minimum three (3) hour call with a minimum of one ( 1) Employee shall be required.

Out - A minimum of three (3) Employees and whatever additional personnel is required by the Employer. Provided the work can be performed by the performance crew, the performance crew shall perform the Out as a continuation of the performance call on an hours worked basis. If additional personnel are required by the Employer, the call for those additional employees will be for a minimum of four (4) hours.


10.03 The Kingston Symphony Association

In - A minimum of two (2) Employees for a minimum of three (3) hours. If the acoustical orchestra shell is to be installed, the minimum shall be three (3) employees.

Rehearsal - Union personnel as required with a minimum of one (1) for a minimum of three (3) hours.

Performance- One (1) Employee and whatever additional personnel is required to ensure that all positions as specified in Article 2.01 of this Collective Agreement are covered by Employees, for a minimum of three (3) hours.

Out - A minimum of two (2) Employees for a minimum of three (3) hours. Provided the work can be performed by the performance crew, the performance crew shall perform the Out as a continuation of the performance call on an hours worked basis. If the orchestra acoustical shell is struck, the minimum call shall be three (3) employees.

10.04 Youth Short Perfonnance- For Schools

Youth Short Performance that are solely for educational purposes, produced/presented by the Grand Theatre, shall be excluded from the definition of a performance in Article 12.03. All work related to Youth Short Performance shall be paid on an hourly basis, up to a maximum of 5 hours. Any additional hours worked shall be paid at the applicable hourly rate.

A presentation shall be a Youth Short Performance if it is for audiences of High School age or younger, if the period of time from scheduled commencement of the performance to the final curtain is no longer than one and one half (1 Yz) hours and if the majority of the audience for the run is composed of school groups .

If a Youth Short Performance is altered for sale to the general public and, as a result, no longer qualifies as a Youth Short Performance for that performance, the provisions of Article 12.03 shall apply for that performance.

10.05 Meetings

Union personnel as required for a minimum of three (3) hours, those requirements to be determined by the Employer.

10.06 The Baby Grand

The Employer agrees that it will use union members for the purpose of supervising and assisting in the set up of Grand Theatre overhead equipment or any other activities the employer deems necessary.

Minimum Call- One (1) union member for a minimum of three (3) hours


ARTICLE 11- PAYMENT OF WAGES/ OVERTIME

11.01 Wage Rates

The hourly Wage Grid and progression shall be as per Schedule "A".

11.02 All regular time and overtime shall be calculated in half hour periods.

11.03 A week shall be defined as seven (7) consecutive days beginning with Sunday. Employee(s) shall be required to work up to 12 hours per day. Any hours over 10 per day or 40 per week shall be paid at time and one half (1 Yz) the current rate as specified in Article 11.01 ofthis Collective Agreement.

11.04 All work on Sundays shall be paid at time and one half the current rate as specified in Article 11.01, with the exception of performances presented by the Grand Theatre and targeted to a youth audience (high school age and younger), which shall be paid at the regular hourly rate.

11.05 Public Holidays & Paid Holidays

The following public holidays, when worked, shall be paid at double the current rate as specified in this Collective Agreement:

New Year's Day, Good Friday, Canada Day, Labour Day, and Christmas Day.

The following public holidays and recognized City of Kingston holidays, when worked, shall be paid at time and one half the current rate:

11.06 (a)

(b)

Family Day, Victoria Day; Thanksgiving Day and Boxing Day Easter Monday and Civic Holiday, Remembrance Day

Vacation pay for the two (2) Regular Employees under Article 9.01 (a) (i) shall be paid at the rate of four ( 4%) percent for the first two (2) years of employment, and increase at the rate of one (1%) percent for every additional two (2) years of employment to a maximum often (10%) per cent.

Casual Part Time Employees with less than five (5) years of service shall be paid at the rate of four (4%) per cent per annum to be paid bi-weekly for vacation pay. Casual Part Time Employees with five (5) or more years of service having worked a minimum of 3750 hours over a five (5) year period shall be entitled to six (6%) per cent per annum to be paid bi-weekly.

11.07 When a stagehand working a Performance is directed by management to wear a costume to perform his/her duties, these workers will be paid the amount of Fifteen Dollars ($15.00) in addition to the Performance rate. Dress clothing and blacks shall not be considered a costume.


11.08 (a) The Regular Employees who are receiving benefits as outlined in Article 9.01 (b) shall be eligible for a Pension Fund Contribution of five (5%) percent of his/her quarterly earnings, provided he/she is not a members of O.M.E.R. S. These funds shall not be paid directly to the Employee, but submitted quarterly to IATSE Pension Fund Contribution.

(b) Casual Part time Employees who are not receiving benefits as outlined in Article 9.01 (a) (ii) shall be eligible for a Pension Fund Contribution of five (5%) percent of his/her quarterly earnings and a Welfare Fund Contribution of four (4%) percent of his/her quarterly earnings. These funds shall not be paid directly to the Employee, but submitted quarterly to the IATSE Pension Fund Contribution and IATSE Welfare Fund Contribution respectively. Those who choose to enroll in O.M.E.R.S. when eligible shall no longer receive the Pension Fund Contribution. These Regular Employees shall also receive four ( 4%) percent of their bi-weekly earnings as vacation pay.

(c) Permit Workers shall only be eligible for vacation pay at the rate of four (4%) percent per annum.

ARTICLE 12- WORK AGREEMENT

12.01 The Union shall be advised of employment requirements by the Employer seventy-two hours prior to the call whenever possible, and a minimum of forty-eight hours in advance.

12.02 (a)

(b)

(c)

In the event of any cancellation, each employee called shall be paid in full for the first Performance only, unless at least twenty-four hours advance notice of such cancellation is given, in which case, no payment shall be required.

The Union agrees to supply the same Employee(s), for the In, rehearsal(s) and performance(s) of a production(s), and substitutions will only be made in cases of illness or injury or with the Employer's consent.

The Union agrees that if it is unable to provide sufficient, qualified Employees, the Employer is free to engage from any other source the stage employees that the Union is unable to supply and the Union will grant those stage employees temporary work permits.

12.03 A performance call shall be considered to be a continuous working period of a minimum of four ( 4) hours.

For the purpose of pay computation according to this Agreement, a performance/dress rehearsal shall be deemed to be a working period of four ( 4) continuous hours, beginning one half (112) hour before the commencement of the performance, and ending at the time of the final curtain. All time paid for a performance shall be paid at the applicable rate.

The call for a performance or a dress rehearsal may be extended for a maximum of one (1) hour before and/or one (1) hour after the performance for any purpose.


Notwithstanding the foregoing, for City of Kingston led Grand Theatre programming, the start of the performance call shall coincide with preparations and equipment checks of thirty (30) minutes or up to thirty (30) minutes before one half (112) hour before the performance. The end of the call will coincide with the post-performance venue shut down procedures of up to 15 minutes after the final curtain, unless the performance is followed by an Out which shall start at the final curtain.

"Final Curtain" is defined as that time when the curtain is lowered for the last time or, when the curtain is not used, when the house lights are brought up for the exit of the audience except, in the event of an educational activity immediately following a City of Kingston led Grand Theatre programming performance, such as but not limited to a "Talk Back", the performance is deemed to be completed at the conclusion of the educational activity not to exceed thirty (30) minutes. In this instance "Final Curtain" has been achieved once the educational activity is complete and the end of the call will coincide, as per usual, with the post-performance venue shutdown procedures of up to 15 minutes after the final curtain.

Any additional hours worked, beyond the four ( 4) continuous hour allotment, as a continuation of the performance or dress rehearsal will be paid at the applicable rate of pay.

For the sole purpose of an Out, and for those employees who worked the performance, any hours worked beyond (2) hours will be rounded up to the nearest hour at the applicable rate of pay.

Those Employees that are not scheduled to work the Dress Rehearsal or Performance and work either before or after the Performance I Dress Rehearsal shall be paid for the applicable minimum call at the applicable hourly rate as per Article 11.01.

12.04 For consecutive Performances separated by not more than one hour, where no admission is charged, the Performance call shall be for a minimum of three hours to be calculated from one-half hour before curtain. There shall be a maximum of two (2) Performances within the three (3) hour minimum.

12.05 Work Call

A Work Call shall be defined as a call to work for any reason other than an In, Out, Performance, Rehearsal, Meetings, and Warm-ups and Spacing. An Employee that works a Work Call shall be entitled to a minimum of three hours (3) pay at the regular hourly rate as per Article 11.01. A work call of a minimum three (3) hours pay shall not apply to the Regular Employees maintenance calls.

12.06 With the exception of the Regular Employees, whenever an In or an Out consist of more than eight (8) hours in a day, the hourly rate shall be time and one-half the current rate for


the next two (2) hours. In the event that the In or the Out consists of more than ten (1 0) hours in a day, the hourly rate for those hours after ten (10) hours shall be double the current rate.

12.07 Hours scheduled or worked between 12:01 a.m. and 8 a.m. shall be paid at time and onehalf the current rate.

12.08 Union personnel shall be entitled to a one-hour unpaid or half hour paid meal period when an In or an Out consists of at least four hours or more. In addition a one hour unpaid meal period will be given between the conclusion of an In and a Performance call. Failure of the Lessee to provide this meal break hour shall result in the following: the Lessee shall pay for the meal break hour at time and one half (1-112) the current rate. All subsequent hours will be paid at time and one half (1-112) the current rate until either a one hour meal break is provided or the performance call begins. In addition, the lessee will pay for a hot meal and beverage for the members of the Union on that call.

12.09 When a lighting board, follow spot, soundboard, sound monitor board or projection equipment are used by a Lessee, they shall be operated by a qualified member of the Union, or there will be a qualified member of the Union on standby for that position. The decision as to who will operate the equipment will be made by the Employer in consultation with the Lessee and the Union.

In addition, the hang, focus and restore of the lighting instruments shall be done by qualified Members of the Union along with the appropriate number of non-union workers as defined in Article I 0. 0 I.

When the flying system, overhead equipment or overhead rigging are being setup, used during a performance, and/or restored, the work shall be done by qualified Members of the Union along with the appropriate number of non-union workers as defined in 10.01.

12.10 When circumstances arise that are not anticipated by either party, the employer shall consult with the union when determining whether or not additional employees are required for any call.

12.11 The Employer agrees to honour the m1mmum crew specified by the "Yellow Card" where such is applicable, and further agrees not to reduce the number of employees working on the presentation of a yellow card production unless such show has been modified.

12.12 The Employer shall be responsible for all payments under this Collective Agreement, whether it sponsors performances itself, or sublets, leases or loans the Grand Theatre to another organization.

12.13 Neither party to this Collective Agreement shall make private agreements with any Lessee of the Grand Theatre that supersedes the provisions of this Collective Agreement,


without the approval of both parties.

12.14 When the Grand Theatre or any part thereof is used for television, video tape or motion picture making, all regular and additional equipment required which is within the competence of the Union, shall be handled by employees of the Union, and all employees shall be paid by the television or motion picture production company concerned at the rates and under the terms and conditions established in the contract existent between the Union and such television and motion picture production company, notwithstanding the provisions of Article 12.12 of this Collective Agreement. In the absence of such a signed contract, all employees shall be paid at the rates and under the terms and conditions established for such work between the Producer or Presenter and the Employer and the Union. If video or motion picture cameras are being operated by unpaid amateurs and the results are for private use only, then no Union personnel shall be required. If T.V. cameras are used for News Coverage only, no Union personnel shall be required.

ARTICLE 13 - INSURANCE

13.01 The Employer agrees that any Member of the Union working under this Collective Agreement shall be eligible for benefits under the Workers' Compensation Act as it applies to Employees of the Corporation of the City of Kingston.

13.02 All personnel supplied by the Union shall be covered by a Liability Insurance Policy against civil suits arising from the performance of their duties, and the premium shall be paid by the Corporation of the City of Kingston.

13.03 Safety

The Employer and the Union recognize their obligations to provide as safe a working environment as it reasonably can and both parties to this agreement agree to use their best efforts, jointly, to achieve that end. The Employer agrees to provide the appropriate job training and education in Health and Safety.

Both parties shall recognize a Joint Health and Safety Committee composed of one representative of the Employer and one representative of the Union, which shall operate in accordance with the Occupational Health and Safety Act.

The Employer shall make reasonable provisions for the safety and health of the employees during their hours of employment. Protective devices and other equipment deemed necessary to protect employees from injury shall be properly used/worn to protect workers.

It is agreed that any employee refusing to perform a job on the grounds that it is unsafe will have the matter dealt with under the applicable legislation.


ARTICLE 14- TERM OF AGREEMENT

14.01 This Agreement is in effect from January 1, 2017 until December 31,2019. Thereafter, it shall renew itself automatically from year to year, unless written notification of intention to modify or terminate this Collective Agreement is given by one of the contracting parties to the other, not more than one hundred and twenty days, and not less than thirty days, before any automatic renewal. Within thirty days after a notice has been received, the parties shall meet, and they shall bargain in good faith, and make every reasonable effort to reach an agreement respecting the proposed modifications.

In Witness Whereofthe duly authorized officers and representatives of both parties have hereunto affixed their signatures this 181

h day of October, 2017.

ON BEHALF OF THE CORPORATION ON BEHALF OF OF THE CITY KINGSTON: lA TSE LOCAL 471:

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Michel Sanscartier, President

Collective Agreement between the Corporation of the City of Kingston And I. A. T.S.E. Local 471

IATSE Wage Schedule 'A'

Hourly Rates

Classification January 1, January 2017 2018

Regular /Casual 27.43 27.90 Stagehand (Member) Permit Worker 19.50 19.83 (Non Member)


1, January 1, 2019 28.37

20.17

Letter of Agreement

LETTER OF AGREEMENT

BETWEEN THE CITY OF KINGSTON

(THE EMPLOYER) AND

I.A.T.S.E. LOCAL 471 (THE UNION)

The Union and the City of Kingston agree to establish a process that would commit the Union to sending advance notice to the employer of the workers being referred through the hiring hall for work at the Grand Theatre through this letter of agreement (LOA).

This LOA will live outside of the collective agreement and would be reviewed for the purpose of renewal when this or a subsequent collective agreement is renegotiated.

The Union and the employer agree to the following terms and conditions.

The Union will give the employer advance notice of the worker (s) being referred

through the hiring hall no later than 18:00 the night prior to the first call of the next

day. For the purpose of this LOA 08:00 will be the first call of the day.

The Union has the right to amend the notice and or substitute a worker in the case of

emergency, illness or other scheduling conflicts of said worker that may arise.

The Union will have no obligation to send advance notice as per the time lines

established in this LOA if the employer does not fulfill their contractual obligation set

out in Article 12.01 as it pertains to the timelines of "employment requirements" .

In no way will this LOA establish seniority, the competence of a worker or in any

way circumvent the hiring ha.ll process of the Union.

IN WITNESS THEREOF the duly autJgized officers and representatives of both parties have hereunto affixed their signatures this day of -Bepte111ber, 2017.

od-okQ..--For the City of Kingston for the Union

Collective Agreement between the Cotporation of the City of Kingston And I. A. T.S.E. Loca/471

collective agreement - ontario · 1.03 all clauses in this collective agreement refer to...

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