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FOUR SEASONS CENTRE FOR THE PERFORMING ARTS COLLECTIVE AGREEMENT

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

BETWEEN:

THE CANADIAN OPERA COMPANY/THE FOUR SEASONS CENTRE FOR THE PERFORMING ARTS

(The COC/FSC)

- and -

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

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

(The Union)

Canadian Opera Company / IATSE Local 58 - Four Seasons Centre for the Performing Arts Collective Agreement

Table of Contents ARTICLE 1 - PURPOSE ...................................................................................................................................... 3

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

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

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

ARTICLE 5 - MANAGEMENT RIGHTS ............................................................................................................... 8 ARTICLE 6 - GUARANTEED EMPLOYEES AND MINIMUM CREW ................................................................ 9

ARTICLE 7 - HOURS OF WORK ...................................................................................................................... 12

ARTICLE 8 - BREAKS ....................................................................................................................................... 14

ARTICLE 9 - RATES OF PAY............................................................................................................................ 15

ARTICLE 10 - BENEFITS .................................................................................................................................. 17

ARTICLE 11 - STATUTORY HOLIDAYS .......................................................................................................... 19 ARTICLE 12 - ARBITRATION............................................................................................................................ 20

ARTICLE 13 - HEALTH & SAFETY / WORKERS’ COMPENSATION ............................................................. 21

ARTICLE 14 - LEAVES OF ABSENCE ............................................................................................................. 22

ARTICLE 15 - RECORDING, BROADCAST AND MOTION PICTURE MAKING ........................................... 24

ARTICLE 16 - PUBLICITY AND PROMOTION ................................................................................................. 25 ARTICLE 17 - GENERAL ................................................................................................................................... 26

ARTICLE 18 - STRIKE AND LOCKOUT ........................................................................................................... 27

ARTICLE 19 - EFFECTIVE DATE, DURATION, AND RENEWAL ................................................................... 28

Schedule A - Rates ............................................................................................................................................. 29

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

maintain: a) Orderly collective bargaining relations; b) A procedure for the prompt and equitable handling of grievances; c) Satisfactory working conditions, hours and wages for all stage employees who are

subject to the provisions of this Agreement.

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ARTICLE 2 - RECOGNITION 2.1 The COC/FSC hereby recognizes the Union as the sole and exclusive collective bargaining agent

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

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

the Four Seasons Centre for the Performing Arts.

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

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

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

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

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

the COC/FSC in the areas defined in Article 2 (Recognition) and will co-operate to the fullest extent in furnishing the required number of stage employees at all times.

4.5 The Union agrees to supply the same stage employees throughout the rehearsals, changeovers and performances of a production.

4.6 Overtime shall be worked when required and approved by the COC/FSC subject to the terms and

conditions of this contract. 4.7 The COC/FSC recognizes the need for frequent consultation with the Steward/Head of

Department and the Business Agent of the Union regarding the number of stage employees required and their respective assignments and the Union recognizes the COC/FSC’s right to make the final determination.

4.8 When the Four Seasons Centre for the Performing Arts sublets, leases or loans its premises or

parts thereof to third parties, it shall pay for all work performed by members of the Union. Except in the case of CBC Radio where members of the Union may be employed under the existing contract between CBC and the Union.

4.9 All construction, alteration, installation and maintenance, of stage equipment including scenery,

drapes, picture sheets and electrical apparatus (including sound equipment) and the loading and unloading of trucks carrying any such stage equipment shall be performed by members of the Union under the terms of this agreement. The maintenance of all Auditorium lighting and maintenance of the Auditorium seating shall also be performed by members of the Union.

4.10 It is agreed that for productions originating their run or tour at the Four Seasons Centre for the Performing Arts all scenery, properties and all other effects used shall be constructed by members of a stagehands' Local of the International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada and shall bear the I.A.T.S.E. crest or label. The COC/FSC agrees that when it engages in co-productions beginning their run in another city, it will make its best effort to ensure that the scenery is built in an IATSE scene shop. In the event that a set, regardless of origin, does not bear the IATSE crest or label the COC/FSC will notify the Union and negotiations will commence to determine the terms under which the set can be used.

4.11 Work pertaining to setting of orchestra stands and chairs for rehearsals and performances in the Four Seasons Centre for the Performing Arts shall be performed exclusively by members of IATSE Local 58.

4.12 The Union is a member of the International Alliance of Theatrical Stage Employees and Moving

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

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

the Four Seasons Centre for the Performing Arts at all reasonable times in order to properly supervise and inspect the working conditions of Union members.

4.14 Stage Employees called for the purpose of working as Loaders shall be used only for that purpose and shall be called for in addition to any other work crew called.

4.15 The number of Loaders called shall be the subject of discussion between the Employer and the Union failing which the minimum number will be four.

4.16 The removal or replacement of fixed auditorium seating (for example for wheelchair seating) shall

be performed by members of the Union. Loose auditorium seating may be moved by non-union personnel.

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ARTICLE 5 - MANAGEMENT RIGHTS

5.01 The Union recognizes that the COC is the employer of the employees covered by this collective

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

(a) maintain order, discipline and efficiency;

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

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

(d) generally manage the COC and without restricting the generality of the foregoing, to

determine the objectives of the COC, to plan, direct and control operations, properties, facilities, programmes, systems, and methods, to make such rules and regulations as may be deemed necessary for the conduct and management of performance and working conditions, to determine policies and procedures, maintenance of its premises, determine complement of personnel required from time to time, services to be performed, work, the extension, limitation, curtailment or cessation of operations and all other rights and responsibilities not specifically modified elsewhere in this Agreement.

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ARTICLE 6 - GUARANTEED EMPLOYEES AND MINIMUM CREW 6.1 The COC/FSC shall employ a Head of Carpentry, Head of Properties, Head of Electrics and

Head of Sound.

6.2 The COC/FSC shall further employ two (2) Assistant Heads of Carpentry (one designated as the flyman), and two Assistant Heads of Electrics (one designated as Assistant Head of Sound).

6.3 The COC/FSC shall further employ four (4) Core Crew.

6.4 There will be a guarantee of forty (40) continuous weeks of employment of forty (40) paid hours

per week for the employees in Article 6.1, 6.2 and 6.3. The forty (40) weeks must fall between August 15th and June 30th of the following year.

6.5 For any non-guarantee week in which the employees in Article 6.1, 6.2 or 6.3 are called for the

equivalent of twenty (20) straight time hours or less worked from Monday through Wednesday inclusive or Thursday through Saturday inclusive, shall constitute one-half (1/2) week and work performed in excess of the equivalent of twenty (20) straight time hours shall constitute one (1) week provided that employee is available Monday through Saturday inclusive. The provisions of this clause shall not apply to calls that happen in the Front of House

6.6 Subject to clauses 6.7 – 6.11, for Canadian Opera Company and National Ballet of Canada

events the Minimum call in the theatre shall be the employees in Articles 6.1, 6.2 and 6.3.

6.7 STAGE PERFORMANCES. The minimum crew for all stage performances outside of the Canadian Opera Company and National Ballet of Canada shall consist of the following:

a) Head Carpenter; Assistant Carpenter; Flyman b) Head Electrician; Assistant Electrician c) Head of Props d) Head of Sound; Assistant Head of Sound

6.8 LECTURES, MEETINGS. When the stage is used for meetings, lectures or for purposes other

than performances, the minimum crew shall consist of the following:

a) Head Carpenter b) Head Electrician c) Head of Props d) Head of Sound

Work on such events shall be paid for at hourly rates. Performance rates shall not apply. 6.9 MOTION PICTURES. For the presentation of motion pictures, the minimum crew shall consist of

the following:


Performance rates shall apply. 6.10 FORESTAGE PRESENTATIONS. For presentations on the forestage, being the pit and that part

of the stage downstage of lineset 8, the minimum crew will be:

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6.11 ONSTAGE PRE-SHOW CHATS. Preshow chats are made in advance of a performance. The

minimum crew shall be:

a) Head Electrician b) Head of Sound

Performance rates shall apply. Stage employees called for the pre-show chat shall not perform duties related to the performance as part of the pre-show chat. 6.12 SPACING REHEARSALS. For spacing rehearsals the Head Electrician or his or her designate

may be the only Crew Member called if no other departments are required. 6.13 TOURS AND CLEANING. For tours and cleaning activities where no theatrical equipment and

only Tour/Cleaning lighting is used there will be no crew required. 6.14 For Front of House events in the Richard Bradshaw Amphitheatre, City Room, Jackman Lounge

or Hospitality Suites that require no more than 20 minutes of work, this work may be done by one of the stage employees from the house Core Crew who is already working on the stage. For example, this might include the set-up of a microphone and switch on of the PA system or the movement of the existing piano and setting of music stands.

6.15 Front of House events that require more than 20 minutes of work shall constitute a separate call

from the call taking place on the stage. The extent of the set-up will be agreed in advance with the Technical Director and the House Steward. This Work Call may include the set-up, any event operation and clearing away. Stage Employees working in the Front of House will work across all departments.

6.16 If the stage employee working under 6.15 requires further assistance for the set-up of an event, he/she may request additional assistance for up to 20 minutes from the four stage employees in the house Core Crew who are already working on the stage. For example, this might be the safe manual handling of an additional riser or podium, the transfer and set up of a genie hoist or the carrying in place multiple music stands and chairs. For larger scale events additional stage employees will be called from the Union. These additional stage employees will work across all departments.

6.17 The Union and the COC agree to discuss minimum crew numbers for any events that do not fall

into the categories above and where less than minimum crew would be required.

6.18 When two departments are called in for any call the Head of the third department or his or her designate shall be called in as well. For the purposes of this clause, the Head of Sound shall be considered a member of the Electrics Department.

6.19 Subject to the policies and procedures of the FSC/COC and the governing laws in force, the

employees in Articles 6.1, 6.2 and 6.3 will have right to be first called in the building. 6.20 The COC/FSC may post a Job Description for all the employees in 6.1, 6.2, and 6.3. All

employees in 6.1, 6.2, and 6.3 will be subject to a three (3) month probationary period and must be members in good standing of I.A.T.S.E. Local 58.

6.21 The employees in 6.1 and the Assistant Head of Carpentry (designated as the flyman) and the

Assistant Head of Electrics in 6.2 shall be selected by the COC/FSC from within the Union

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membership.

6.22 The Assistant Head of Carpentry and the Assistant Head of Electrics (designated as the Assistant Sound Technician) in Article 6.2 shall be supplied by the Union.

6.23 The employees in Article 6.3 shall be supplied by the Union.

6.24 The employees in 6.3 shall be scheduled by department on a daily basis with the exception of

performance calls or rehearsal work calls where the show crews have been set. Schedules shall be on a weekly basis for the following week.

6.25 The employees in Articles 6.1, 6.2 and 6.3 shall be provided with access to a COC/FSC provided parking space that is within walking distance of the Stage Door.

6.26 The COC/FSC may, at its discretion, designate a member of the Properties Department as an Orchestra Pit Technician for rehearsals and performances involving orchestra in the pit. The Technician may work across all departments and will facilitate all technical elements related to the orchestra, including but not limited to: music stands, stand lights, chairs and risers. A performance call for the Orchestra Pit Technician will begin one (1) hour before curtain and will finish after the final entrance of the orchestra.

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ARTICLE 7 - HOURS OF WORK

7.1 All regular work calls shall commence not earlier than 8:00am.

7.2 For purposes of this Agreement, a week shall be deemed to be a period of 40 hours and including not more than 8 performances and/or dress rehearsals between 8:00am Monday and 12:01am Sunday.

7.3 Five (5) hours shall constitute the minimum call for a stage employee who is called by the Four Seasons Centre for the Performing Arts to work during a straight time period and who is not otherwise required to work for the Four Seasons Centre for the Performing Arts during the day on which he/she is called to work. Subject to the foregoing, four (4) hours shall constitute the minimum work call.

7.4 A new minimum call shall commence at such time that work begins for a new producer or

separate event. Producers who have multiple events, for which there will be consistent crew, will make these events known at the time of the original call. For the purposes of this clause, meetings and consultations with the employees in Article 6.1, or their designates, shall not constitute a separate call.

7.5 No stage employee shall be required to work more than one (1) five hour continuous work call

in a day.

7.6 The only time a stage employee shall be required to work a continuous five (5) hour call in the morning, is when the call ends after five hours or with the mutual agreement of the COC/FSC and the Union.

7.7 A performance call shall be a continuous working period of three and one-half (3 1/2) hours for

all stage employees other than the stage employees in Article 6.1and 6.2. For the employees in Articles 6.1and 6.2 a performance call shall be a continuous working period of four (4) hours, time to be considered in both cases as from the time of call to the final curtain. The curtain call shall be included in the performance call. Staged bows that are accompanied by music and that last longer than four (4) minutes shall only be included in the performance call if there is sufficient time remaining in the performance call.

7.8 Subject to 7.11, one (1) hour may be added to the beginning and/or end of a performance call

for work related to that same performance. These hour(s) shall be paid at the prevailing work rate.

7.9 A dress rehearsal call shall be considered a performance if all elements necessary to the public

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

7.10 When the orchestra pit lift or the temporary sound mixing position are moved, other than on a

regular work call, the minimum call shall apply.

7.11 Clearing the stage for the fire curtain or making the stage safe (e.g. landing a flown unit, locking up weapons, etc.) will be considered part of the performance call if there are minimum adjustments to be made. For the National Ballet, clearing the set to the back wall will be considered part of the performance call. In either instance, if the procedure takes more than ten (10) minutes after the curtain comes in (end of performance) or insufficient time remains in the performance call then one hour at the prevailing work rate shall apply.

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7.12 The stage employees called as loaders shall be paid a minimum call of four (4) hours at the prevailing hourly rate.

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

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

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

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

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

without a meal break of one (1) hour's duration. 8.4 When there is a paid or unpaid meal break between the hours of 12 midnight and 8:00 am, the

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

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

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ARTICLE 9 - RATES OF PAY

9.1 Time shall be computed to the next whole hour for pay purposes.

9.2 The pay period will be Monday to Sunday, inclusive. 9.3 Time worked between 8:00 a.m. and 5:00 p.m. Monday through Saturday, other than on

performances and dress rehearsals, shall be paid at straight time. 9.4 Time worked between 5:00 p.m. and 12:00 midnight Monday through Saturday, other than on

performances and dress rehearsals, shall be paid at time and one-half. 9.5 Time worked between 12:01 a.m. and 8:00 a.m. Monday through Saturday, other than on

performances and dress rehearsals shall be paid at twice the straight time rate except that for the first four hours of a take out performed during this period shall be paid at time and one-half, providing that the take out commences prior to 12:00 a.m.

9.6 Sunday is deemed to commence at 12:01 a.m. on Sunday and to terminate at 8:00 a.m. the

following Monday morning. 9.7 All work performed on a Sunday will be paid at double time except for the first four hours of a take

out that begins on a Saturday night . 9.8 Double time remains in force for hours worked until a stage employee is given a nine (9) hour

break. 9.9 For Department Heads, Assistant Department Heads and anyone where continuity is required, in

the case where work resumes on a Sunday or a Statutory Holiday without the nine hour break, a straight time hour will be added to the prevailing rate to make up the hourly rate until a nine (9) hour break is given.

9.10 When a Changeover before a Sunday matinee begins on a Sunday or a Statutory Holiday, and

there is a minimum of an 8 hour break, for Department Heads, Assistant Department Heads and anyone where continuity is required, once the changeover begins the next day a straight time hour will be added to the prevailing rate to make up the hourly rate for the duration of the changeover call.

9.11 For calls where continuity is required the COC/FSC shall provide notice to the Union for the continuity requirements forty-eight (48) hours prior to the first call. In the absence of such notice all stage employees returning for a subsequent call without a nine (9) hour break shall be considered required for continuity.

9.12 In the case where work resumes without a nine (9) hour break between calls, after a double time and/or statutory holiday period where a nine (9) hour break is required, the COC/FSC may schedule a nine (9) hour break for the stage employees in Articles 6.1, 6.2, and 6.3. This break, for continuity, will be taken by a portion of the stage employees in Article 6.1, 6.2 and 6.3 at a time. The affected stage employees will receive eight (8) hours at the straight time rate in addition to all wages earned for the calls for which they are scheduled. Each affected stage employee will be replaced for his/her scheduled break.

9.13 Twice the straight time rate shall be paid for construction work performed between 12:01 a.m.

Saturday and 8:00 a.m. on the following Monday and two and one-half (2 1/2) times the straight time rate shall be paid for such work performed during the Statutory Holidays defined in Article 11

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herein. 9.14 For all work done, other than regular performances, on each and every Statutory Holiday as

herein defined, two and one half (2 1/2) times the hourly rate shall be paid. Additional performances or rehearsals on these days shall also be paid for at two and one-half (2 1/2) times the performance rate.

9.15 Regular performances on Statutory Holidays as herein defined shall be paid at two and one-half

(2 1/2) times the regular performance rate. 9.16 Notwithstanding anything herein contained, all work done on Christmas Day shall be paid for at

three times the straight time rate. 9.17 Any regular performance in excess of two in any one day shall be paid at twice the rate otherwise

prevailing on such day, but in no event, shall any performance in excess of two be paid at more than three times the regular rate.

9.18 One (1) hour’s pay at the applicable straight time rate shall be paid to stage employees who are required to wear a costume during a performance or dress rehearsal. Simple plain black gloves and/or simple plain black hat along with dark or black clothing can be worn to conceal the stage employee on an individual basis and will not be considered a costume.

9.19 These monies shall be paid to the employee Thursday, if by cheque, or Friday, if in cash, for the previous week.

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ARTICLE 10 - BENEFITS 10.1 The COC/FSC will pay each stage employee an amount equal to ten (10%) percent of all monies

earned as Vacation Pay. These monies will be remitted monthly to the ”IATSE Local 58 Vacation Pay Trust.

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

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

Plan, an amount equal to five per cent (5%) of each individual's gross earnings for Pension purposes.

b) The COC shall contribute to those individuals participating in the Retirement Savings Plan an amount equal to seven per cent (7%) of each individual's gross earnings.

c) These combined contributions shall be remitted monthly to the "Retirement Savings Plan of Local 58, I.A.T.S.E.", and sent to the trustee of the plan as designated by the Union.

10.3 The COC shall contribute an amount equal to seven percent (7%) of each stage employee's

wages to the "IATSE Local 58 Health and Welfare Benefit Trust" for health and welfare purposes. a) This contribution shall be remitted monthly to the "IATSE Local 58 Health and Welfare

Benefit Trust", and sent to the trustees of the fund as designated by the Union. 10.4 The COC/FSC shall contribute an amount equal to one percent (1%) of each stage employee's

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

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

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

I.A.T.S.E.” and sent to the trustee as designated by the Union. 10.6 The COC/FSC shall contribute an amount equal to one-half percent (0.5%) of each stage

employee's wages to the "Education Fund of Local 58, I.A.T.S.E." for training purposes. a) These contributions shall be remitted monthly to the “Education Fund of Local 58,

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

wages to the "Human Resources Fund of Local 58, I.A.T.S.E.". a) These contributions shall be remitted monthly to the “Human Resources Fund of Local

58, I.A.T.S.E." and sent to the trustee of the fund as designated by the Union. 10.8 In addition to the foregoing, the COC/FSC shall pay the employer's contributions to the Canada

Pension Plan and the Ontario Health Tax.

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

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10.10 The COC/FSC shall pay to the Union the deductions and contributions referred to in this Article. Payment will be made no later than the fifteenth of each month. A statement showing the names and social insurance numbers of all individuals for whom contributions have been made and the respective amounts in each case shall accompany the remittance.

10.11 The COC/FSC agrees to pay to the Union interest on any overdue amounts payable of the

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

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

Agreement:

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

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

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

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

Holiday and terminate at 8:00 a.m. on the day following the Statutory Holiday.

11.4 Statutory Holidays shall be paid as per clauses 9.13, 9.14 and 9.15.

11.5 All stage employees who have worked in the four (4) weeks preceding the statutory holiday shall qualify for Statutory Holiday Pay. Statutory Holiday Pay shall be calculated in accordance with the provisions of the Employment Standards Act. For the purposes of this clause the provisions of Article 9.1 shall not apply.

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ARTICLE 12 - ARBITRATION 12.1 The Union and the COC/FSC recognize that the grievance procedure is among the most

important matters in the successful administration of this Collective Agreement. 12.2 Any dispute or difference arising between the COC/FSC and stage employee or official of the

Union, shall first be referred in writing to the Technical Director of the COC/FSC and the Representative of the Union for discussions and settlement. Both parties will endeavor to settle the dispute within ten (10) days from the time the circumstances upon which the difference is based were known or should have been known. If the COC/FSC representative and the Union representative are unable to settle the dispute to their mutual satisfaction, then either party may institute an arbitration proceeding.

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

representative within ten (10) days from the time the circumstances upon which the difference is based were known or should have been known.

12.4 The parties shall agree on a sole arbitrator within 30 days from the time the circumstances upon

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

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

Collective Agreement.

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

Safety and Insurance Act. 13.2 Employees shall comply with COC/FSC Health and Safety policies. These policies shall be

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

Safety Act, and safe working practices as determined from time to time by the COC/FSC.

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

For employees employed under Articles 6.1, 6.2 and 6.3, sick leave credits will be allowed to be accumulated at a rate of eight (8) hours for each month of continuous service (including annual vacation) over a two (2) year period. For the purpose of this clause the maximum paid sick leave after two (2) or more years of service is six (6) weeks.

14.2 HOSPITALIZED OR MAJOR ILLNESS:

For employees employed under Articles 6.1, 6.2 and 6.3, sick leave credits will be allowed to be accumulated at the rate of eight (8) hours for each month of continuous service (including annual vacation) over a five (5) year period. For the purpose of this clause the maximum paid sick leave after five (5) or more years of service is fifteen (15) weeks. In case of dispute, the definition of major illness is to be decided upon by a physician mutually agreed upon by both parties.

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

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

presented. 14.5 The maximum Sick leave for more than one period of illness under Clause 14.1 or 14.2 is fifteen

(15) weeks. 14.6 If the employee is entitled to payments under WSIB, any sick leave payments made by the

COC/FSC will not replace or be in addition to these payments. 14.7 Employees employed under Articles 6.1, 6.2 and 6.3 required to serve as a juror shall receive an

amount from the COC/FSC equal to the difference between the weekly minimum salary (40 hours at the Straight time hourly rate) and any remuneration received from the Crown for jury duty, up to a maximum of the total remaining weeks of employment under Article 6.

14.8 Employees employed under Articles 6.1, 6.2 and 6.3 and subpoenaed as a witness, in a Court Proceeding, shall receive an amount from the COC/FSC equal to the difference between the weekly minimum salary and any remuneration received as a witness fee, up to a maximum of the total remaining weeks of employment under Article 6.

14.9 Employees employed under Articles 6.1, 6.2 and 6.3 shall be allowed to be absent from work with

normal pay from the date of bereavement through until the day after burial of a member of their immediate family up to a maximum of ten (10) paid days.

14.10 Members of the immediate family shall be defined as spouse or partner, father, mother, son,

daughter, brother, sister, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, grandparent or grandchild.

14.11 Should the stage employee be unable to attend the funeral of their immediate family member

because of the distance to be traveled, such employee shall be granted three (3) days of absence with normal pay for the purpose of mourning the death.

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

14.13 a) Employees, who are not regular weekly employees as defined in Article 6, shall be eligible to

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receive the benefits set forth in this Article 14 after working for the Employer for twenty-four (24) consecutive weeks. A week shall be defined as a minimum of 24 hours of work or a scheduled show week. Such employees shall continue to be eligible to receive these benefits provided their employment is not interrupted for more than four (4) weeks. Employees whose employment is interrupted for more than four (4) weeks but less than twenty-four (24) weeks shall again be eligible to receive these benefits after working for the Employer for another twelve (12) consecutive weeks. Employees whose employment is interrupted for more than twenty-four (24) weeks, must work twenty-four (24) consecutive weeks in order to again be eligible to receive these benefits. b) For those employees who are eligible as provided in Article 14.13 (a), the Employer shall provide:

Bereavement Leave: Three (3) days paid at eight (8) regular hours per day in the event of the death of a member of the immediate family (as defined in Article 114.10).

Jury Duty and/or Sick Leave: Eight (8) hours of regular pay per day to a maximum of forty (40) hours in the event the employee is absent from work because the employee is too ill to work or is called for jury duty. Once eligible, employees shall accumulate hours towards this jury duty or sick leave entitlement at the rate of eight (8) hours per month to the maximum entitlement of forty (40) hours. If an illness extends beyond three (3) consecutive working days, the Employer may require a doctor's certificate before paying the sick leave.

14.14 Employees employed under Articles 6.1, 6.2 and 6.3 who have been elected or appointed to a

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

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ARTICLE 15 - RECORDING, BROADCAST AND MOTION PICTURE MAKING

15.1 When the Four Seasons Centre or any portion thereof is used for radio, television, videotape or motion picture making, or recording or broadcast by any mechanical or electronic means all regular and additional equipment required which is normally within the competence of the Union shall be handled and operated by employees supplied by the Union.

15.2 For audio only recordings all work shall be compensated at the rates herein and performed under

terms and conditions established in the contract existent between the Union and such radio, or broadcast company or companies; or, in the absence of signed contracts, at the rates and under the terms and conditions herein.

15.3 For visual recordings all work shall be compensated at the rates and under the terms and

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

15.4 If a segment, portion or an entire stage performance is recorded in any manner described in 15.2

or 15.3 hereof, a fee shall be paid to each stage employee called on crew for the particular performance of fifty percent (50%) of all monies earned by each stage employee during that performance call including hours attached to that performance call and hours pertaining to the setup and takedown of related recording equipment.

15.5 Still photographers representing catalogue distributors, magazines and/or commercial book

publishers and using the Four Seasons Centre or any part thereof, shall be required to use stage employees as supplied by the Union for purposes of moving and setting up scenery, properties, furniture, drapes and/or lighting equipment which may be required in addition to existing equipment. Stage employees called for such work shall be remunerated at the prevailing hourly work rates with a minimum call as per clause 7.3.

15.6 Still photographers representing catalogue distributors, magazines and/or commercial book

publishers as well as film or television companies requiring the use of the stage before or after a stage performance for purposes of posed shots or specifically staged excerpts shall retain three (3) Heads of Departments as well as any additional stage employees that may be required in each department for the working of scenery, properties, drapes, lights, etc. If the use of the stage shall not be required, then only the Head of the Department necessary for the servicing of that photo call shall be retained. All such work shall be performed at the prevailing hourly work rates with a minimum call as per clause 7.3.

15.7 The COC/FSC may make an Archival recording without additional payment to stage employees. An Archival recording is a recording whose sole purpose is to document a production or event for reference purposes. An Archival recording may be video and/or audio in nature. In the case of an Archival recording that is video in nature, the camera must be fixed in place and may not be adjusted within the performance.

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

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

16.2 The provisions of Article 15.1 hereof shall not apply when visual images or audio are recorded solely for news purposes, publicity, or for the direct promotion of the COC/FSC. The final product as presented for viewing by the public shall be no longer than five (5) minutes in length.

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

motion pictures nor will they be photographed, recorded, or videotaped without their prior consent. Should a stage employee be inadvertently photographed, recorded or videotaped as a recognizable image, the written consent of that stage employee shall be required before the image may be used.

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

refuse to employ or may demand replacement for any stage employee in an intoxicated condition. 17.2 The Union agrees that employees employed under Articles 6.1, 6.2 and 6.3 shall give the

COC/FSC two (2) weeks’ notice should they desire to leave the employment of the COC/FSC, except where the reason for such desire is the non-payment of salaries due, which reason shall be sufficient cause for the immediate severance of relations.

17.3 In administering this Agreement, the parties shall act reasonably, fairly, and in good faith, and in a

manner consistent with the Agreement as a whole. 17.4 The Four Seasons Centre for the Performing Arts shall require any spotting of lines be done in a

safe manner. 17.5 Every stage employee has the right to freedom from harassment in the workplace. Harassment

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

17.6 The COC/FSC shall give credits in the Program to employees as defined under Article 6.1, 6.2

and 6.3.

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ARTICLE 18 - STRIKE AND LOCKOUT

18.1 The Union shall not cause, engage in or permit its members to cause any strike against the COC/FSC during the term of this Agreement, nor shall the COC/FSC cause, engage in or permit a lock-out.

18.2 The word "strike" and the word "lockout" as used in this Article shall have the same meaning

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

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

until June 30, 2016. All rates of pay provisions of this Agreement shall come into force on July 1, 2013.

19.2 In the event that prior to the expiration date of this Agreement either party desires to negotiate a

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

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

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

19.4 If neither party gives notice of a desire to negotiate, this Agreement shall be automatically

renewed for a further period of one year and from year to year thereafter.

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SCHEDULE A – RATES OF PAY July 1, 2013 – June 30, 2014 Hourly Rate Performance Call Video Rate Head of Department $44.29 $183.36 $48.06 Assistant Head of Department $42.80 $172.05 $46.44 Core Crew $42.22 $161.05 $45.81 Special Operator $42.22 $161.05 $45.81 Stagehand $41.55 $158.53 $45.08

July 1, 2014 – June 30, 2015 Hourly Rate Performance Call Video Rate Head of Department $45.18 $187.03 $49.02 Assistant Head of Department $43.66 $175.49 $47.37 Core Crew $43.06 $164.27 $46.73 Special Operator $43.06 $164.27 $46.73 Stagehand $42.38 $161.70 $45.98

July 1, 2015 – June 30, 2016 Hourly Rate Performance Call Video Rate Head of Department $46.08 $190.77 $50.00 Assistant Head of Department $44.53 $179.00 $48.32 Core Crew $43.93 $167.56 $47.66 Special Operator $43.93 $167.56 $47.66 Stagehand $43.23 $164.93 $46.90

Benefits Vacation Pay 10% RRSP Deduction 5% RRSP Contribution 7% Health and Welfare 7% Dental Plan 1% Charitable Plan 1% Education Plan 0.5% Human Resources Plan 1%

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This contract is agreed to by the undersigned on behalf of their respective organizations and signed on this 16th day of September, 2013 in the City of Toronto, in the Province of Ontario: THE CANADIAN OPERA COMPANY THE INTERNATIONAL ALLIANCE

OF THEATRICAL STAGE EMPLOYEES, MOVING PICTURE

TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES, ITS TERRITORIES AND

CANADA LOCAL #58

Peter Lamb Director of Production, COC Jim Brett

President, Local 58

Lee Milliken Production Manager, COC Nelson Robinson

Business Agent, Local 58

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