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OPERA SCENE SHOP COLLECTIVE AGREEMENT

THIS AGREEMENT made in duplicate this 27

th day of June 2016

BETWEEN:

THE CANADIAN OPERA COMPANY

(The Opera) - and - THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND MOVING PICTURE TECHNICNIANS, ARTISTS AND ALLIED CRAFTS

OF THE UNITED STATES, ITS TERRITORIES AND CANADA

LOCAL #58, TORONTO

(The Union) Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 2

TABLE OF CONTENTS

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

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

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

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

ARTICLE 5 - MANAGEMENT RIGHTS .............................................................................................................. 7

ARTICLE 6 - GUARANTEED EMPLOYEES AND MINIMUM CREW ................................................................... 8

ARTICLE 7 - HOURS OF WORK ........................................................................................................................ 9

ARTICLE 8 - BREAKS ..............................................................................................................................................10

ARTICLE 9 - RATES OF PAY .................................................................................................................................11

ARTICLE 10 - BENEFITS .................................................................................................................................. 12

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

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

ARTICLE 13 - HEALTH & SAFETY / WORKERS' COMPENSATION ........................................................... 16

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

ARTICLE 15 - RECORDING, BROADCAST AND MOTION PICTURE MAKING 19

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

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

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

ARTICLE 19 - EFFECTIVE DATE, DURATION, AND RENEWAL .................................................................. 23

Schedule A - Rates of Pay .............................................................................................................................. 24

Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 3

ARTICLE 1 - PURPOSE

1.1 The general purpose of this Agreement between the Opera and the Union is to establish and

maintain: a) Orderly collective bargaining relations; b) A procedure for the prompt and equitable handling of grievances; c) Satisfactory working conditions, hours and wages for all stage employees who are subject to the provisions of this Agreement. Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 4

ARTICLE 2 - RECOGNITION

2.1 The Opera hereby recognizes the Union as the sole and exclusive collective bargaining agent for all stage employees in the employ of the Opera in the City of Toronto; and all stage employees of the Opera at the Scene Shop located at 195 Melita Avenue in the City of Toronto and at the Imperial Oil Opera Theatre in the Joey and Toby Tanenbaum Opera Centre at 227 Front Street East in the City of Toronto, save and except scenic artists, prop shop staff, Scene Shop painters, costume staff, wardrobe attendants, make-up and wig staff, wardrobe, make-up and wig crew members, designers and design attendants, shop supervisors and persons above the rank of shop supervisors; in respect of wages, hours of work, and all other working conditions. Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 5

ARTICLE 3 - SCOPE

3.1 This agreement shall cover all stage employees employed by the Canadian Opera Company at its Scene Shop located at 195 Melita Avenue in the City of Toronto (Scene Shop). Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 6

ARTICLE 4 - UNION SECURITY

4.1 Except as hereinafter provided, the Opera shall only employ members in good standing of the

Union within the area and jurisdictions covered by this agreement.

4.2 No work function normally carried out within the terms of this Agreement under the Union's

jurisdiction, shall be contracted out of its jurisdiction.

4.3 The Opera may employ contractors to perform work that it determines requires the competence

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

Carpenter prior to beginning these installations.

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

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

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

the construction of a production and that substitutes shall only be made for reasons provided in this Agreement, including the necessity for a substitution despite the Union's best efforts.

4.6 Overtime shall be worked when required by the Opera subject to the terms and conditions of this

contract. The Opera shall not, in order to avoid the payment of overtime, replace a crew or any member of a crew engaged to work on a particular project, before that project is completed.

4.7 The Opera agrees that all scenic items produced in the Scene Shop for use in the Opera's

productions shall bear the IATSE crest.

4.8 The Opera recognizes the need for frequent consultation with the Head Carpenter and the

Business Agent of the Union regarding the number of workers required and their respective assignments and the Union recognizes the Opera's right to make the final determination.

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

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

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

Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada. In the event of a conflict between the Union's or the stage employee's obligations pursuant to the

Constitution

and By-Laws of the International and the provisions of this agreement, the clauses causing the conflict will immediately be opened for negotiation to resolve the conflict.

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

the Opera at all reasonable times in order to properly supervise and inspect the working conditions of Union members. Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 7

ARTICLE 5 - MANAGEMENT RIGHTS

5.1 The Union recognizes that the Opera is the employer of the employees covered by this collective

agreement and that it is the exclusive right of the Opera to: a) maintain order, discipline and efficiency; b) hire, promote, demote, lay off and recall employees through the Union; c) discipline and discharge employees for just cause, where grievance and/or arbitration procedures have been followed; d) generally manage the Opera and without restricting the generality of the foregoing, to determine the objectives of the Opera, to plan, direct and control operations, properties, facilities, programmes, systems, and methods, to make such rules and regulations as may be deemed necessary for the conduct and management of performance and working conditions, to determine policies and procedures, maintenance of its premises, determine complement of personnel required from time to time, services to be performed, work, the extension, limitation, curtailment or cessation of operations and all other rights and responsibilities not specifically modified elsewhere in this Agreement. Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 8

ARTICLE 6 - GUARANTEED EMPLOYEES AND MINIMUM CREW

6.1 The Opera agrees to employ a Head Carpenter for forty (40) hours per week, eighteen (18)

weeks per annum commencing in July of each year including when union construction work is taking place in the Scene Shop.

6.2 The Opera agrees to employ an Assistant Head Carpenter when union construction work is

taking place in the Scene Shop.

6.3 The Opera has the sole right to hire its Head Carpenter from within the membership of the Union.

At the Opera's request the Union shall, after consultation with the Opera, appoint an Assistant Head

Carpenter.

6.4 It is agreed that for all union construction work, the minimum crew shall be the Head Carpenter

and Assistant Head Carpenter. For all other work at the Scene Shop, no other minimum shall apply.

6.5 It is agreed that for every three (3) carpenters employed at one time one (1) apprentice carpenter

may be employed pursuant to this Agreement. For all other work at the Scene Shop, no other minimum shall apply.

6.6 All other workers shall be called as required.

6.7 Employees employed under Articles 6.1 and 6.2 may be required to work on maintenance on all

Scene Shop tools and equipment and on scenic elements in storage regardless of departmental boundaries.

6.8 All shop employees may be required to work loading and unloading of trucks, warehousing

needs, and show bins. Where loaders are required they shall be subject to four (4) hour minimum call. Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 9

ARTICLE 7 - HOURS OF WORK

7.1 Minimum call shall be four (4) hours.

7.2 The straight time regular work week shall consist of forty (40) hours between the hours of 08:00

and

17:00, Monday through Friday.

7.3 Work day shall consist of eight (8) hours including a thirty (30) minute meal break.

Notwithstanding the above, the workday may consist of eight (8) hours excluding a one (1) hour unpaid meal break at the discretion of the Head Carpenter

7.4 Sunday shall not be considered part of the regular work week.

7.5 Notwithstanding the above, when a worker is called for a single four (4) or five (5) hour work call

in a day, the minimum call shall be five (5) hours.

7.6 The Head Carpenter shall be responsible for authorizing the time sheets.

7.7 Nothing herein shall constitute a guarantee of hours of work per day or work per week except

Articles 7.1, 7.5, 6.1 and 6.2.

Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 10

ARTICLE 8 - BREAKS

8.1 Stage employees shall be given a fifteen (15) minute break with pay during each four (4) or five

(5) hour call. Where possible, this break will commence within fifteen (15) minutes on either side of the mid-point of the call.

8.2 A paid meal break of one-half (½) hour's duration (or at the discretion of the Head Carpenter an

unpaid meal break of one (1) hour's duration) shall be given after four (4) hours work to any person whose work call commences after 8:00 a.m., unless he/she will be required to work not more than a total of five (5) hours, in which case no meal break need be given.

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

without a meal break of at least one-half (½) hour's duration.

8.4 A meal break of one (1) hour, without pay, shall be given to the employees at the end of eight

(8) hours work before the continuation of work in any overtime period. In the event that no such break is given then the Opera shall provide, to all 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 employees. Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 11

ARTICLE 9 - RATES OF PAY

9.1 Time worked between 8:00 a.m. and 5:00 p.m. Monday through Friday, and not exceeding eight

(8) hours a day, shall be paid at straight time.

9.2 Time worked between 5:00 p.m. and 12:00 midnight Monday through Thursday, shall be paid at

time and one-half.

9.3 Time worked between 12:01 a.m. and 8:00 a.m. Monday through Friday shall be paid at twice the

straight time rate.

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

9.5 All construction or supervisory work performed from 5:00pm Friday through 8:00am Monday shall

be paid at twice the straight time rate.

9.6 Employees shall be paid for services performed at rates not less than the amounts set out in

Schedule

A.

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

performed during the seven (7) calendar days ending the previous Sunday and this period shall be known as the "pay week". Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 12

ARTICLE 10 - BENEFITS

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

Vacation

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

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

the Union known as "Retirement Savings Plan of Local 58, I.A.T.S.E." a) The Opera shall deduct from those individuals participating in the Retirement Savings Plan, an amount equal to five percent (5%) of each individual's gross earnings for Pension purposes. b) The Opera shall contribute to those individuals participating in the Retirement Savings Plan an amount equal to seven percent (7%) of each individual's gross earnings. c) These combined contributions shall be remitted monthly by cheque payable to "Retirement Savings Plan of Local 58, I.A.T.S.E.", and sent to the trustee of the plan as designated by the

Union.

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

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

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

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

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

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

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

10.6 The Opera shall contribute an amount equal to one-half percent (0.5%) of each stage employee's

wages to the "Education Fund of Local 58, I.A.T.S.E." for training purposes.

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

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

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

Plan and the Ontario Health Tax.

10.9 In this Article, "deduct", "deduction" and "deductions" shall refer to an amount or amounts withheld by

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

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

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

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

the rate charged by the Toronto-Dominion Bank in Toronto to its most credit-worthy commercial Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 13 customers (the "Prime Rate") plus three percent (3%) per annum for each day of default, until payment is made. Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 14

ARTICLE 11 - STATUTORY HOLIDAYS

11.1 The following holidays shall be deemed to be Statutory Holidays for the purposes of this

Agreement:

New Year's Day Canada Day Thanksgiving Day

Good Friday Civic Holiday Christmas Day

Victoria Day Labour Day Boxing Day

Family Day

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

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

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

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

11.4 All stage employees who have worked in the four (4) weeks preceding the statutory holiday

shall qualify for Statutory Holiday Pay. Statutory Holiday Pay shall be calculated in accordance with the provisions of the Employment Standards Act. For the purposes of this clause the provisions of Article 9.4 shall not apply.

11.5 If there is a call to work on the above Statutory Holiday, each stage employee shall receive, in

addition to Statutory Holiday Pay, one and one-half (1.5) times the straight time hourly rate for the time worked to a maximum of the number of straight time hours paid as Statutory Holiday Pay. For the purposes of this clause the provisions of Article 9.4 shall not apply.

11.6 All work done on a statutory holiday in excess of the number of straight time hours paid as

Statutory Holiday pay shall be paid at two and one-half (2.5) times the straight time hourly rate. For the purposes of this clause the provisions of Article 9.4 shall not apply. Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 15

ARTICLE 12 - ARBITRATION

12.1 The Union and the Opera recognize that the grievance procedure is among the most important

matters in the successful administration of this Collective Agreement.

12.2 Any dispute of difference arising between the Opera and stage employee or official of the Union,

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

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

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

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

rise to the grievance were known or should have been known and if no agreement on the appointment of an arbitrator is reached, then either party, shall request the Minister of Labour of

Ontario

to appoint an arbitrator. The arbitrator shall (unless the parties otherwise agree) schedule a hearing within 45 days of being contacted.

12.5 The cost of the arbitrator shall be borne equally by the parties.

12.6 The arbitrator shall have no power to subtract from, modify or omit any provisions of the

Collective Agreement.

Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 16 ARTICLE 13 - HEALTH & SAFETY / WORKERS' COMPENSATION

13.1 The Opera further agrees to place all stage employees supplied by the Union under the

protection of the Workplace Safety and Insurance Act.

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

policies shall be posted prominently.

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

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

Company.

Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 17

ARTICLE 14 - LEAVES OF ABSENCE

14.1 MINOR, NON-HOSPITALIZED ILLNESS;

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

14.2 HOSPITALIZED OR MAJOR ILLNESS:

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

14.3 APPLICATION

a) Sick Leave may be taken only in the case of illness and may be applied only to the forty (40) hours worked during the Straight time hourly rate period Monday through Friday. b) If illness extends for more than any one three (3) day period, then a Doctor's certificate must be presented. c) The maximum Sick Leave for more than one period of illness under Clause 14.1 or 14.2 is fifteen (15) weeks. d) If the employee is entitled to payments under WSIB, any sick leave payments made by the Opera will not replace or be in addition to these payments.

14.4 JURY/WITNESS DUTY

a) Employees employed under Article 6.1 required to serve as a juror shall receive an amount from the Opera equal to the difference between the weekly minimum salary (40 hours at the Straight time hourly rate) and any remuneration received from the Crown for jury duty, up to a maximum of the total remaining weeks of employment under Article 6.1. b) Employees employed under Article 6.1 and subpoenaed as a witness, in a Court Proceeding, shall receive an amount from the Opera equal to the difference between the weekly minimum salary and any remuneration received as a witness fee, up to a maximum of the total remaining weeks of employment under Article 6.1. c) Employees employed under Article 6.2 required to serve as a juror shall receive an amount from the Opera equal to the difference between the weekly minimum salary (40 hours at the Straight time hourly rate) and any remuneration received from the Crown for jury duty, up to a maximum of the total remaining period of time the employee would have been employed under Article 6.2. d) Employees employed under Article 6.2 and subpoenaed as a witness, in a Court Proceeding, shall receive an amount from the Opera equal to the difference between the weekly minimum salary and any remuneration received as a witness fee, up to a maximum of the total remaining period of time the employee would have been employed under Article 6.2.

14.5 BEREAVEMENT

a) Employees employed under Articles 6.1 and 6.2 shall be allowed to be absent from work with normal pay from the date of bereavement through until the day after burial of a member of their immediate family up to a maximum of ten (10) paid days. b) Members of the immediate family shall be defined as spouse or partner, father, mother, son, Canadian Opera Company / IATSE Local 58 - Opera Scene Shop Collective Agreement 18 daughter, brother, sister, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, grandparent or grandchild. c) Should the stage employee be unable to attend the funeral of their immediate family member because of the distance to be traveled, such employee shall be granted three (3) days of absence with normal pay for the purpose of mourning the death. d) "Normal pay" for the purposes of this Article shall be deemed to be eight hours at the applicable straight time hourly rate.

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

receive the benefits set forth in this Article 14 after working for the Opera for twenty-four (24) consecutive weeks. A week shall be defined as a minimum of 24 hours of work. Such employees shall continue to be eligible to receive these benefits provided their employment is not interrupted for more than four (4) weeks. Employees whose employment is interrupted for more than four (4) weeks but less than twenty-four (24) weeks shall again be eligible to receive these benefits after working for the Employer for another twelve (12) consecutive weeks. Employees whose employment is interrupted for more than twenty-four (24) weeks, must work twenty-four (24) consecutive weeks in order to again be eligible to receive these benefits. For those employees who are eligible as provided in Article 14.6, the Employer shall provide: Bereavement Leave: Three (3) days paid at eight (8) regular hours per day in the event of the death of a member of the immediate family (as defined in Article 14.5(b)). Jury Duty and/or Sick Leave: Eight (8) hours of regular pay per day to a maximum of forty (40) hours in the event the employee is absent from work because the employee is too ill to work or is called for jury duty. Once eligible, employees shall accumulate hours towards this jury duty or sick leave entitlement at the rate of eight (8) hours per month to the maximum entitlement of forty (40) hours. If an illness extends beyond three (3) consecutive working days, the Employer may requirequotesdbs_dbs11.pdfusesText_17

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