FLORIDA PHILHARMONIC ORCHESTRA MASTER AGREEMENT

This Agreement is made and entered into by and between the Florida Philharmonic Orchestra ("the Philharmonic" or "management") and Local 655, American Federation of Musicians, AFL-CIO ("the Union") on behalf of the musicians ("Musicians") now employed and hereinafter employed by the Philharmonic during the term of this Agreement. 

PREAMBLE

The Florida Philharmonic is a professional, tri-county orchestra dedicated to offering a full range of symphonic and operatic performances of artistic excellence within Dade, Broward, and Palm Beach Counties.

ARTICLE I: TERM OF AGREEMENT

This Agreement shall be effective as of October 23, 2000, and shall remain in full force and effect through August 31, 2005.

ARTICLE II: UNION RECOGNITION

1.  The Philharmonic recognizes the Union as the sole and exclusive representative for the purpose of collective bargaining with respect to wages, hours and other terms and conditions of employment for all Musicians employed by the Philharmonic.  The parties further recognize the Orchestra Committee, selected according to procedures established by the Musicians, as the body which represents the Musicians in the enforcement of this Agreement.  Furthermore, the parties agree that management and the Orchestra Committee shall communicate regularly and promptly concerning all matters relating to any provisions of this Agreement.  Except as provided in Article XIII, Section 15, any and all proposed variances from this Agreement shall require prior consultation by management with the Orchestra Committee, acting as agent for the Union, and mutual agreement on the proposed variance.

2.  For the duration of the Musicians' participation in the Orchestra Service Program (OSP) of the American Federation of Musicians (AFM), OSP-designated representatives shall be deemed to be acting as agents for Local 655 in collective bargaining and contract administration.  The Orchestra Committee shall continue to function as provided in this Agreement, subject only to services furnished by the OSP.

3.  The Philharmonic agrees to cooperate with the Union in the best interest of both parties; therefore, each new Musician, within two (2) weeks of employment, will meet with a representative of the Union and a representative of the Philharmonic to discuss Union affiliation and Philharmonic policies.

4.  The Union agrees that it cannot remove or restrict any member of the Orchestra who is a Union member from playing with the Philharmonic if any non-union member, after going through the above process, decides not to join the Union.

5.  The Union agrees not to limit or restrict the right of any AFM member to play any and all other jobs within its jurisdiction if his/her main purpose in transferring here is to play with the Philharmonic.

6.  The existing Constitution and By-Laws, rules and regulations of the Union and of the American Federation of Musicians are hereby incorporated and made part of this Agreement as if fully set forth herein, but only to the extent that such Constitution, By-Laws, rules and regulations are not contrary to or in violation of any provision of law of the U.S. or of the State of Florida.

ARTICLE III: NO DISCRIMINATION

1.  The Philharmonic shall not discriminate against any Musician performing with the Orchestra or applying for the right to perform in the Orchestra on the basis of race, color, creed, religion, sex, age, national origin, activity on behalf of the Union, reasonably accommodated disability or sexual orientation.

2.  The Philharmonic shall not knowingly contract with any person or organization to engage the Orchestra to perform before an audience required by such person or organization to be racially or sexually segregated.

3.  All references to the male gender in this Agreement are for the sake of convenience only and shall be understood and deemed equally to include the female gender.

ARTICLE IV:  MANAGEMENT RESPONSIBILITY

The Philharmonic shall guarantee first call to all Musicians covered by this Agreement on all engagements produced by the Philharmonic, for which Musicians are to be paid with monies administered by the Philharmonic, and/or when an agent authorized by the Philharmonic acts as contractor. 

ARTICLE V: COMMITTEES

1.  Orchestra Committee.   During the last month of each season the Orchestra shall elect an Orchestra Committee of five (5) members from among the tenured members of the Orchestra.

            a.  The three (3) members receiving the highest number of votes shall serve for two (2) years.  The remaining two (2) members shall serve for one (1) year.  In all succeeding elections, terms of office shall be for two (2) years.  Only players who have been granted tenure shall be eligible for Orchestra Committee membership.  The Committee shall elect its own Chair.

           b.  Committee members-elect shall take office the first day of the following regular season. Until they take office, they shall be entitled to attend Committee meetings but not to vote.

            c.  Any person who will not be returning to the Philharmonic the following season, unless on official leave, shall not be eligible to vote. 

            d.  The Orchestra Committee shall be responsible for administering and enforcing the provisions of this Agreement. 

            e.  The Orchestra Committee shall serve as the Tour Committee. 

2.  Audition Committees.   The Audition Committees will be elected and the repertoire lists agreed upon within the first six (6) weeks of each season.  Musicians who are elected to an audition committee must serve unless released in writing by the Personnel Manager two (2) weeks prior to the audition.

            a.  All Audition Committees will consist of five (5) members of the Orchestra and the Music Director.  However, the Music Director will be present only at the final rounds.

            b.  Certain members of the Orchestra will serve on the Audition Committees without election: for string vacancies, the Concertmaster and the Principal of the section in which the vacancy exists; for non-string vacancies, the Principal of the section in which the vacancy exists.  The remaining members of the Orchestra's part of the Committee shall be elected by the Orchestra.

            c.  All Audition Committees will consist of three (3) Principals and two (2) section players.

            d.  In electing the Audition Committees, the Orchestra must elect, first, available persons playing the instrument to be chosen; second, persons playing instruments of the general category (string, woodwind, brass, percussion); and only then Musicians in different categories.

            e.  No member of the Orchestra applying for a vacancy shall serve on an Audition Committee. 

3. Non-Renewal Review Committee.  Within six weeks of the commencement of each season, a Non-Renewal Review Committee shall be elected.  The election shall be conducted by the Orchestra Committee.  A neutral third party shall be chosen by the Orchestra Committee.  The Philharmonic shall have the right to reject the person chosen by the Orchestra Committee.  In the event of a rejection of the selected person, the Orchestra Committee and the Philharmonic will meet to discuss a mutually-acceptable person.  The neutral third party shall keep the ballots until such time as directed by the Orchestra Committee and the Philharmonic to provide the results to the Orchestra Committee and the Philharmonic.  A representative of the Committee and a representative of the Philharmonic shall be present when the third party counts the ballots.  The Orchestra Committee and the Philharmonic shall keep the results in confidence.

            a.  This Committee shall consist of seven (7) Principal players and six (6) section players (of which no fewer than three (3) must be non-titled) elected by the Orchestra, the Music Director and his/her designee.  No Musician serving in a management capacity shall serve on the Musician's portion of the Non-Renewal Committee.  Musicians shall be elected on a rotating basis, no one being permitted to serve more than once in any three year period.

            b.  The Review Committee shall elect its own Chair and shall meet to decide procedure for each case which is to be heard by the Committee. 

4.          Musicians' Advisory Committee.  A Musicians' Advisory Committee (MAC) consisting of ten (10) members of the Orchestra shall be established to study and recommend policies which will continue the artistic and professional well-being of the Orchestra.  This committee shall consist of the five (5) members of the Orchestra Committee, the elected ICSOM delegate, and four (4) remaining members elected by the Orchestra; however, if the ICSOM delegate is a member of the Orchestra Committee, then five (5) members shall be elected by the Orchestra.  This Committee, together with the Union Representative, shall meet with Management, the Executive Committee and conducting staff, if available, at least once during each contract year.  Either party may initiate a request for a meeting, which request shall not be unreasonably denied.  This Committee shall be a liaison between the Musicians and the Philharmonic on all non-contractual matters, and will serve in an advisory and consulting role on musical matters including programming, rotation, recording, broadcasts and conductor evaluations. Other specific responsibilities of the MAC are set forth throughout this Agreement. 

5.  Search Committees.  In any future searches for a Music Director or Associate Conductor, the Orchestra shall elect a committee of five (5) Musicians to assist the Board in the search process.  From time to time, the Musicians' search committee, or two of its representatives designated by the committee, shall meet with the Music Director or Associate Conductor Search Committee of the Board; in the event there is no Board Search Committee for a new Associate Conductor, these meetings shall be with the Executive Vice President of the Board and the Music Director.

6.  General Board-Musician Communication Meetings.  At the request of either the Orchestra Committee or the Executive Committee of the Board, the Orchestra Committee, or two representatives thereof, and the Executive Committee shall meet at mutually agreeable times in order to foster optimum communication throughout the institution.    The FPO and the Orchestra Committee agree to establish communication between musicians, management and members of the Governing Council on an ongoing regular basis. The Federal Mediation and Conciliation Service will be utilized and any and all orchestra members and the full Governing Council will be invited to attend two meetings per year.

7.  Local Media Committee  The parties agree to establish a Local Internet Oversight Committee (LIOC) as established in the Symphony, Opera and Ballet Orchestra Internet Agreement.

ARTICLE VI:  ORCHESTRA PERSONNEL

1.  Orchestra Complement.  The Orchestra will consist of a minimum of eighty-four (84) contracted Musicians.  The designation of Co-Principals, Associate Principals and Assistant Principals may be altered during the term of this Agreement only in the event of natural attrition.

Three contract positions will remain vacant for the first two (2) years of this Agreement.  Should a vacancy occur in another contract position, a prior vacant contract position may be filled, leaving the newly vacant contract position open in its place, not to exceed three (3) vacant contract positions.  The Union shall be notified of the exact positions which are remaining vacant, and, if any are filled, the identity of the revised vacant chair(s) if any.  Per service musicians will be used in these vacant positions on a per service basis as the need is determined by the Philharmonic.  Should the music director determine that the best interest of the Orchestra would be served by filling the position on a permanent basis in accordance with Article XIV, Section 2, that may be done.

            Non-tenure track contracts may only be issued for a single one-year term per musician (substituting musician).  Consecutive non-tenure tract contracts for the same musician in the same position may only be made with the approval of the Union.

            However, the parties agree that situations may arise which will allow consecutive one-year non-tenure track contracts for the same substitute musician in the same position.

Examples:

1.  A musician requests additional leave after the expiration of a prior leave of absence.

2.  When a vacancy occurs just prior to a season and auditions do not produce an acceptable person to fill the vacancy.  In addition, a vacancy may exist for more than one season due to subsequent auditions not producing an acceptable replacement.  The above-mentioned examples shall not require approval of the union for additional one-year non-tenure tract contracts for the same substituting musician.

            While the above are examples, there may be other reasons for such consecutive one-year non-tenure track contracts that will require union approval.  Such approval shall not be unreasonably withheld.

            Nothing herein shall create an entitlement for any subsequent employment for a non-tenure track musician beyond the expiration of their current one-year non-tenure tract contract.

2.  Positions of the Orchestra. The Orchestra shall consist of no fewer than the following positions:

Positions of the Orchestra        

3.  Orchestra Expansion.   In order to accommodate mutual concerns for fiscal responsibility  as well as for caring for the existing Musicians of the Orchestra, it is understood and agreed that the provisions concerning the complement of the Orchestra as set forth in Article VI, Sections 1 and 2 do not contemplate and shall not be utilized to increase the complement of the Orchestra beyond two (2) additional members, and then only if such expansion is for the purpose of accommodating changes under discussion as of the effective date of this Agreement among the Music Director, management and the affected Musicians, of which discussions the Orchestra Committee has been made aware.

4.  Per-Service Musicians.

            a. Extra musicians for the purpose of fulfilling score requirements, expanding the string section or substituting for contracted players shall be per-service Musicians and are not entitled to tenure rights, benefits, salary or service guarantees.  These Musicians shall be paid at current per-service rates as set forth in Article VIII, Section 1(d) and be entitled and subject to all other contractual conditions.

            b.  A list of acceptable per-service personnel shall be compiled at the beginning of each season by the Music Director in consultation with the Principals and the Personnel Manager.

            c.  If new musicians become available at any time, they may be heard by the Music Director for consideration to be added to the per-service list.  The Principal and members of the section involved may listen to the audition if they desire.  No per-service musician who is already or has been engaged for any services as of the date of notification of per-service auditions shall be required to participate in such auditions.

5.          Principal Players.  Principal players shall be defined as:  Principal or Co-Principal 1st Violin, 2nd Violin, Viola, Cello, Bass, Flute, Oboe, Clarinet, Bassoon, Trumpet, Horn, Trombone, Tuba, Harp, Timpani and Percussion.  All other titled players shall be defined as section players. 

 6.  Musician Request for Demotion.  A tenured Musician may request to be demoted provided both that a bona fide vacancy exists, and the Philharmonic approves.

 7.  Substitution by Contracted Musician.  Should the demands of the Orchestra require any Musician's services for the purpose of substituting or assisting with less than 21 days notice, musicians on relief or rotation may be called upon to work, in which case their relief or rotation shall be rescheduled.  The Musician is required to exert best efforts to be present. Any musician who is asked to play with less than 21 days notice and who agrees to play, shall be compensated at the rate of an additional 33% of his/her individual service rate or of the minimum scale for the position that he/she is occupying, whichever is greater. Even in these circumstances, the Philharmonic must use best efforts to adhere to notice requirements.   When a contracted player is utilizing sick leave, contracted players on relief services as defined in Article XII, Section 11, shall be offered the opportunity to substitute before per service musicians are utilized.

ARTICLE VII: INDIVIDUAL CONTRACTS

1.  Consistent with this Agreement.  Individual contracts entered into between the Philharmonic and the Musicians of the Orchestra must be consistent with this Agreement.  All positions listed in Individual Contracts must conform to the positions of the Orchestra set forth in Article VI of this Agreement.

2.  Made with All Musicians.  All Musicians offered employment to fulfill the orchestra complement set forth in this Agreement must be issued Individual Contracts.  Each Contract shall specify the Musician's position (for titled players, first and second violins, and wind players), salary and status (tenured or probationary).

3.  Individual Contract Form. A copy of the form of the Individual Contract is appended to this Agreement and deemed incorporated herein.

4.  Filed With Union. A copy of each Individual Contract shall be filed with the Local Union.

ARTICLE VIII:  COMPENSATION AND PAID BENEFITS AND LEAVES

1.  Minimum Weekly and Annual Base Compensation. Minimum compensation under this Agreement shall be as follows:

2000 – 2001 Section: $   905.77 per week for 39* weeks $35,325.03 annual

2001 – 2002 Section: $   951.06 per week for 43  weeks $40,895.40 annual

2002 – 2003 Section: $   998.61 per week for 43  weeks $42,940.17 annual

2003 – 2004 Section: $1,048.54 per week for 43  weeks $45,087.18 annual

2004 – 2005 Section: $1,100.97 per week for 43  weeks $47,341.54 annual

            a. Principal/Co-Principal Minimum Premium.  Tenured Principals and Co-Principals shall receive a minimum of one and one-third (1 1/3) times the base rate.  Probationary Musicians in these positions shall receive a minimum of one and one-fourth (1 1/4) times the base rate.

            b. Associate/Assistant Principal Minimum Premium. Associate or Assistant Principals shall receive a minimum of ten percent (10%) over base rate.

            c. Contracted Musician Per-Service Rate. The per-service rate for all contracted players shall be prorated based on an individual Musician's weekly salary divided by eight (8).

            d. Extra and Substitute Musician Per-Service Rate. The per-service rate for all extras and substitutes shall be as follows:  Prorated based on the then-current minimum weekly salary divided by nine (9).

            e.  Seniority Pay.   In addition to the above weekly compensation rates, each Musician shall receive weekly seniority pay according to the following schedule.  A Musician's Seniority Pay for a season shall be paid according to the following schedule:  one-half (1/2) in the pay period immediately preceding Christmas; one-half (1/2) in the final pay period in May.

            Years of Employment               2000-2005

            5- 9                                                      $  5.00

            10-14                                       $ 10.00

            15-19                                       $ 15.00

            20-24                                       $ 20.00

            25 and above                           $ 25.00

2.  Length of Season.  The length of each Season of this Agreement shall be 43 weeks (including four weeks paid vacation).

            a. Vacation Scheduling; Christmas Vacation. The paid vacation shall be contiguous to the end of the regular season.  In addition there shall be six (6) consecutive days of paid vacation in December in addition to December 25th, and shall include December 24th and 26th.  To the extent possible, and considering the requirements of the Orchestra, Musicians may request a specific vacation week.

            b. Summer Season. Up to three (3) consecutive weeks may be scheduled for a summer season, which shall be designated by February 15.

3.  Insurance. 

            a. Medical Insurance. The Philharmonic shall provide a major medical insurance plan, including a prescription drug plan, for all contracted personnel, including single or family coverage at the option of the Musician, except that if both husband and wife are members of the orchestra, only one may elect family coverage.  The plan in effect as of the effective date of this Agreement will remain in effect unless an agreement is reached in accordance with the last paragraph of this Section.

                        i. Musicians shall contribute 15% premium cost each year for individual coverage and 12% premium cost each year for family coverage.  Any changes that the Philharmonic should elect to make in the current insurance plan shall require full discussion and mutual agreement with the Orchestra Committee. 

                        ii. No unilateral adjustments to the benefit provided under the aforementioned plan will be allowed during the term of this Agreement except those initiated by the carrier or required by a subsequent carrier in the event of carrier-initiated cancellation.

            b. Flexible Spending Account. The Philharmonic shall continue to offer the voluntary flexible spending account (FSA) option for medical and child/dependent care expenses initiated during the 1993-94 contract year.

            c. Dental Insurance.  The Philharmonic shall provide a dental insurance plan for all contracted personnel, including single or family coverage at the option of the musician, except that if both husband and wife are members of the orchestra, only one may elect family coverage.  The plan in effect as of the effective date of this Agreement will remain in effect unless an agreement is reached in accordance with the following: Any changes that the Philharmonic should elect to make in the current dental insurance plan shall require full discussion and mutual agreement with the Orchestra Committee.  No unilateral adjustments to the benefit provided under the aforementioned plan will be allowed during the term of this Agreement except those initiated by the carrier or required by a subsequent carrier in the event of carrier-initiated cancellation.

            d. Instrument Insurance. The Philharmonic shall provide and fully fund an instrument insurance plan for all contracted Musicians.  Each Musician shall be provided with a maximum of $100,000 coverage and may include only those instruments and related accessories used for performances with the Florida Philharmonic.  The Philharmonic agrees to cover the deductible for any on-the-job losses incurred during travel to and from Philharmonic services, during Philharmonic-arranged transportation, and when any such instrument or related accessories is under the custody or control of the Philharmonic.

            e. Long-Term Disability Insurance. The Philharmonic will make available Long-Term Disability Insurance for all contracted Musicians.  The policy that was agreed upon and put into effect during the 1993-94 season shall remain in force.  Any changes that the Philharmonic should elect to make in the current Long-Term Disability Insurance plan shall require full discussion and mutual agreement with the Orchestra Committee.  No unilateral adjustments to the benefit provided under the aforementioned plan will be allowed during the term of this Agreement except those initiated by the carrier or required by a subsequent carrier in the event of carrier-initiated cancellation.

 4.Sick Leave.

            a. Number of Sick Leave Services; Accounting.  The Philharmonic shall make available to each member of the Orchestra twenty eight (28) services each contract year as paid sick leave, which services shall be available as of the beginning of each contract year:

An accounting of each Musician's sick leave balance will be provided to each Musician no later than September 15 of each contract year.

            b.  Accumulation. All unused sick leave services shall be cumulative from year to year, including those which have accumulated during the term of the previous Agreement.

            c. Sick Leave Bank; Cessation.  Sick services remaining in the sick leave bank established during the 1993-94 contract year shall be distributed on a first-come, first-served basis to any Musician requesting such services, but no Musician shall receive more than six (6) such services in any year.  When the banked sick services have been exhausted, the sick leave bank shall cease to exist. Distribution of banked sick services shall be managed and accounted for by Management.

            d.  Notification of Absence Due to Illness; Emergency Exception.   Musicians who are ill must notify the Personnel Manager at least three (3) hours prior to a performance and two (2) hours prior to a rehearsal if the service is to be missed.  Except in emergency situations, failure to give such notice may result in loss of compensation.  Musicians who are charged for failure to give proper notification may appeal in writing to the Orchestra Committee.  The Orchestra Committee and the Philharmonic shall then meet to determine whether an emergency existed which prevented the Musician from giving proper notification.

            e. Physician's Verification. The Philharmonic may request a Physician's verification after sick leave is used for three (3) consecutive days.

            f. Penalty for Missing All Rehearsals. No Musician may be financially penalized if, because of illness during a set of rehearsals and performances, he is prohibited by the Philharmonic from playing any additional services of that set; provided, however, that a Musician who misses all rehearsals for a subscription set may be penalized one performance of that set regardless of paid sick leave status.

            g. Donation of Sick Leave Services.  Each Musician shall have the right to donate, in writing to the Personnel Manager, an unlimited number of available sick leave services per season for colleagues in need.

            h. Sick Leave Utilization for Sick Family Members. Sick leave may be utilized by parents to attend to sick children, as well as in the event of a Musician's need to attend to the serious illness of a family member or significant other person.

5. Personal Leave.

            a. Number of Personal Leave Services. Each contracted member of the Orchestra shall have six (6) paid personal leave services per contract year.

            b. Notification of Emergency Absence.  In an emergency (family death or serious illness), the Personnel Manager must be contacted as soon as possible.

            c. Notification for Personal Leave Utilization.  In a non-emergency situation, Musicians shall give the Philharmonic and Personnel Manager three (3) weeks notice, in writing, stating the reason for the personal leave.  Should the schedule change after the three (3) week request notification deadline, each musician has one (1) additional business day after the receipt of schedule change to submit notification, which shall be confirmed by management one (1) business day later.  Such leave shall be used for the purpose of conducting personal business which cannot be scheduled in a way that does not conflict with a service or services and shall not be deniable except for dress rehearsals and performances or in circumstances in which the limits set forth in paragraph 5.d. have been exceeded.  Dress rehearsals and performances may not be missed without the approval of the Philharmonic.  Such approval shall not be given except for compelling reasons including, but not limited to auditions, major competitions, major solo performances, family illness or death (in which case the three-week notice may be waived).  The Philharmonic agrees that requests for personal leave will not be unreasonably denied.   All requests for personal leave will be in writing, and delivered by the requesting musician to the personnel manager.  The personnel manager will respond to the requested personal leave within seven business days of receipt.  If the personnel manager does not respond within seven days after receipt of the request, the request is deemed granted.

            d. Limitation on Number of Musicians Absent for Personal Leave. The Philharmonic shall not be required to grant personal leave to more than three (3) Musicians per orchestra call.  Not more than one of those players may be a principal player.

            e. Bereavement Leave. Each contracted member of the Orchestra shall be entitled to six (6) paid days per occurrence for the death of a family member or significant other person.  Such leave is non-cumulative but may be extended without pay based upon individual circumstances.

6.  In-Residence Adjustment. Each Musician of the Orchestra shall receive an annual In-Residence Adjustment in addition to his current annual salary.  The following Adjustment shall be paid in the form of a bonus in the last pay period of the month of May:    2000 - 2005        $800

7.  Overtime.  Overtime compensation shall be paid in fifteen (15)-minute increments at the rate of one and one-half (1 1/2) times the Musician's individual service rate.

8.  Pension.  The Philharmonic shall contribute the equivalent of  eight percent (8%)  of the contract minimum compensation set forth in Section 1 of this Article to the American Federation of Musicians and Employers' Pension (AFM-EP) Fund for each Musician.  Such payments shall be made  quarterly each year to the trustees of the Fund in accordance with its procedures.

9.  Doubling.  Doubling covered by the terms of individual contracts shall be paid at the rate of a minimum of ten percent (10%) above minimum compensation for each service in which doubling occurs.  Doubling not covered by individual agreements shall be paid at the rate of a minimum of twenty percent (20%) above minimum compensation for the first double and ten percent (10%) for the second and each additional double for each service in which doubling occurs. 

10.    Move-Up Pay. Associate or Assistant Principals serving in a Principal capacity shall receive a minimum of one and one-third (1 1/3) of the base rate for all services in excess of 20.  A Musician in the string section who moves temporarily into the 2nd chair shall receive the minimum premium for that position as described in Paragraph 1(b) of this Article.

11.  Cartage.   It is the Philharmonic's responsibility to move large instruments.  If the Philharmonic does not move instruments, cartage shall be paid based on the Union's rates.  If the Philharmonic provides acceptable moving trunks and safe transportation to move large instruments and a Musician declines to avail himself of the same, the Philharmonic shall have no responsibility to pay cartage.  On Runouts and In-Residence Services, if the Philharmonic fails to provide moving trunks and safe transportation for basses and harps which are acceptable to the Musicians, any Musician who chooses not to ride with an instrument on the bus or to send an instrument on the truck will be paid an $18 cartage/driver's fee in addition to any and all travel pay/In-Residence Adjustment.

12. Opera and Ballet.

            a. On-Stage/In Costume Premium. When a Musician is required to play on stage in costume, he shall receive an additional twenty-five percent (25%) of his individual service rate.

            b. Banda Premium.  When a Musician is taken out of the pit to play in a stage band, the Musician shall receive an additional twenty-five percent (25%) of his individual service rate.  However, when a Musician is engaged to play in a stage band only and not in the pit, he shall not receive the banda premium pay. 

            c. Minimum Call for Offstage Musicians.  For any rehearsal prior to the Dress rehearsal, there shall be, at a minimum, a two-hour call for offstage Musicians. 

ARTICLE IX: UNPAID LEAVES OF ABSENCE

1.  Parental/Maternity Leave.  Any tenured Musician in the Orchestra may take up to six (6) months of Parental/Maternity leave without pay, in addition to his/her paid personal leave and sick leave, in the event of the birth or adoption of any child.  Notification of intent shall be given to the Philharmonic as soon as possible.  Leave may be extended for up to one year by mutual agreement. 

2.  Leave of Absence.  After three (3) consecutive seasons of tenured employment, a Musician may request a leave of absence without pay for up to one full contract year.  Written request must be submitted to the Personnel Manager no later than March 1 of the season preceding the season for which leave is desired.  All requests must specify commencement and expiration dates.  Requests for leaves will be considered on a first-come, first served basis.

3.  Extended Disability Leave.  Any tenured Musician may take up to one year of unpaid leave, in addition to any unused sick leave, in the event of extensive illness or disability.  Upon return, the Philharmonic may require verification of physical ability to perform services by the Musician's attending physician and by a physician designated by the Philharmonic.

4.  Emergency Leave. A Musician may be granted emergency leave (in addition to his/her paid personal leave) without pay if he/she obtains authorization from both the Conductor and the Personnel Manager.  Such leave shall be used for, but not be limited to, family emergency such as death or extreme illness in the immediate family.

5.  Leaves Not Unreasonably Denied. None of the aforementioned leaves shall be unreasonably denied by the Philharmonic.

6.  Status Unaffected by Leaves. No leave shall affect the Musician's tenure status, benefits or position in the Orchestra, nor shall they constitute a break in service.

ARTICLE X: DUES CHECKOFF

The Philharmonic agrees to and will deduct from the wages of each Musician covered by this Agreement, for and on account of Union membership, dues (including those identified as work dues) and initiation fees in such amounts as are uniformly required by the Union of all its members; provided, however, that no such deductions shall be made except pursuant to a written authorization from each Musician.  Said authorization shall be part of each individual agreement.  The Philharmonic agrees to transmit to the office of the Union monies deducted as provided herein no later than the fifteenth (15th) day of the month following the month in which the deductions were made.

ARTICLE XI: ELECTRONIC MEDIA

Except as provided herein, no service, nor any part thereof, shall be recorded, reproduced or transmitted from the place of the service, in any manner or by any means whatsoever, in the absence of specific written agreement with the American Federation of Musicians relating to and permitting such recording, reproduction or transmission.

1.  Local Radio Broadcasts. Local radio broadcasts shall be permitted at no additional compensation once in each market. "Local broadcasts" shall be defined as broadcasts emanating from within the jurisdictional boundaries of the Union (Local 655). 

2. Soloist Broadcast Veto.  Local broadcasts will be subject to the right of

any member of the Orchestra performing as a soloist to veto the broadcasting of the composition in which he was the soloist.

3.  Distribution of Local Broadcast Payment. Any payment received for local syndicated FM broadcasts will be equally distributed among the members of the Orchestra and paid to their Pension accounts in addition to regularly contracted Pension contributions.

4.  Archival/Endowment Tapes. Archival or endowment tapes (audio only) may be made without compensation to the Musicians.  Any or all performances of a set may be recorded for archival and broadcast purposes.  All tapes will be sent for editing into a single concert tape.  Upon completion, original masters will be destroyed in the presence of the Orchestra Committee.  This paragraph will not prevent NPR tapings for public radio programs under the AFM/NPR Agreement contracts in addition to the archival tapings.

            a. Florida Grand Opera Dress Rehearsals may be videotaped for the purpose of archival or grant tapes without additional compensation.  No more than two (2) rehearsals of any single production shall be recorded.

5.  No Use in Proceeding Against Musicians. Recordings created under the terms of this Agreement shall not be used in any non-renewal, dismissal or disciplinary proceeding.

6.  Appropriate AFM Agreements. Any other service to be broadcast via TV or radio, taped or filmed or recorded in any manner will be done under the appropriate AFM agreement.

7.  News/Promotional Use. A maximum of two (2) minutes of recording for television coverage will be allowed for news, promotional or civic events.

            a. Each camera crew will be allowed to film for a maximum of ten (10) consecutive minutes unless approved in advance in writing by the Orchestra Committee.

            b. Each camera crew shall utilize only the lighting normally provided for that orchestra service.  No extra lighting will be permitted unless arranged in advance with the Orchestra Committee.  It is understood, however, that from time to time news cameras may appear without prior knowledge by the Philharmonic.  In such cases, the Philharmonic will make every best effort to ensure the foregoing with respect to lighting.

8. Notification to Musicians. The Philharmonic shall inform the Orchestra Committee in writing and in advance of when cameras, both still and

moving picture, will be shooting at any service.  Such notice will include date, time, place, purpose, medium, etc. In the case of local news stations wishing to film the Orchestra without having notified the Philharmonic in advance, the Orchestra Committee will be notified as soon as possible.

9.  Backstage Filming. Backstage shots of the Musicians will be permitted only with the consent of the Musicians to be filmed, which consent shall not be unreasonably withheld.

10.  Utilization of Musicians' Names, Likenesses. The Philharmonic or its designee may utilize the names and likenesses of the musicians to advertise and/or promote the activities of the Florida Philharmonic Orchestra.  There shall be no use of these names and likenesses in any endorsement of any individual, corporation, sponsor or product or in any other manner which does not promote the activities of the Philharmonic.

11.  Warning of Recording/Photography Prohibition. The Philharmonic shall exhibit, in all program books, a warning that audio taping, videotaping and the taking of flash photographs are strictly prohibited.  The Philharmonic shall include the requirement for such warning as part of its agreement for all contracted services.

12.  Prevailing AFM Rates for Impermissible Utilization of Recordings. Should any recording created under the terms of this Agreement ever be utilized for any purpose not explicitly set forth herein, including but not limited to grant applications by any entity other than the Philharmonic or the Florida Grand Opera, displacement of musicians in rehearsal or performance, demonstration or marketing of services or product by any group or individual, national broadcast, phonograph records/compact discs, commercial announcements, or background music of any type of sound or film program, the Philharmonic shall obligate itself to enter into and fulfill all conditions required by the appropriate agreement of the American Federation of Musicians, including but not limited to the payment of prevailing wages and fringe benefits outlined therein.

13. Guest Artist Study Tapes. Guest artist study tapes may be produced according to AFM Guidelines provided that the appropriate form contained therein is properly and timely executed by the Union and the Philharmonic.

14.    Archives/Fund Raising.   All archival radio tapes and audio sound and visual tracks (together or separately) may be used by the Philharmonic for its fund-raising, publicity, and promotional purposes at no additional payment.  Such use may include, for example, radio and television advertisements, the broadcasting of such recordings for fund-raising purposes, and the production of special tapes or recordings of highlights of the Philharmonic’s performances to be used for fund-raising purposes.   At no time will such tapes made from archival material be made available for sale or commercial distribution without the consent of the orchestra committee.    

ARTICLE XII: SERVICES

1.  Service Definitions. A service is defined as any rehearsal, performance, coaching session or master class.

            a.  Tour Service. Any service that requires the Orchestra to travel 120 miles or more each way or five (5) hours total travel time from Philharmonic Hall shall be defined as a Tour Service.

            b.  Runout Service. Any service that requires the Orchestra to travel outside of Dade, Broward or Palm Beach Counties but less than 120 miles each way and less than five (5) hours total travel time from Philharmonic Hall shall be defined as a Runout Service.

            c.  In-Residence Service.  Any service that requires the Orchestra to travel within the tri-county area outside a boundary west of University Drive, south of Coral Way (SW 24th Street) and north of Yamato Road shall be defined as an In-Residence Service.

2.  Types of Services. Weekly guarantees may be satisfied by any of the following services:

            a.  Chamber, split, reduced, or full orchestra rehearsals and performances of not longer than two and one-half (2 1/2) hours duration.

            b.  Staged opera tech and dress rehearsals and performances shall be of three (3) hours duration or less.  Opera reading and sitzprobe rehearsals shall be of not longer than two and one-half (2 1/2) hours duration. 

            c.  Educational orchestral concerts, of which two 55-minute back-to-back performances may be scheduled within a two and one-half (2 1/2) hour service and be considered one service.  An intermission of at least twenty (20) minutes shall occur between the two (2) performances.  If either or both performances exceed 55 minutes, counting from the time the concert begins, then overtime shall be paid in fifteen (15)-minute increments, commencing with the end of the 55-minute performance involved.

            d. Coaching sessions and master classes shall not exceed two (2) hours duration.  (For the purpose of scheduling, coaching and master classes shall be considered rehearsals). Upon agreement by the Philharmonic, a coaching Musician may reduce the coaching session time to no less than one hour if the situation so warrants. 

            e.  Small ensemble rehearsals and performances shall not exceed two (2) hours duration.  Two 45-minute back-to-back educational ensemble performances may be scheduled within a two-hour period and be considered one service.  If either or both performances exceed 45-minutes counting from the time the concert begins, overtime shall be paid in fifteen (15) minute increments, commencing with the end of the 45-minute performance involved. 

            f. Sectional rehearsals shall utilize the entire section. In full orchestra situations, sections can be Winds, Brass, Strings and Percussion.  Strings may be broken down into 1st Violins, 2nd Violins, Violas, Cellos, and Basses.  For reduced orchestra, the String section must remain intact; Winds, Brass and Percussion may be combined or rehearsed as separate sections. The Music Director, Assistant Conductor, Associate Conductor, Concertmaster, Conductor of the set, or another individual who may be designated by the Music Director may conduct sectional rehearsals. 

3.  Purchased Services. Up to three (3) services may be purchased by the Philharmonic from each Musician in each of the contract years of this Agreement.  Purchased services shall be scheduled in accordance with the notice requirement set forth in Article XIII, Section 12. For these services, Musicians shall be paid at their individual per service rates.  Only Musicians who perform such services shall be compensated.

            a. Scheduling.  Purchased services will not be scheduled in such a way as to create either any week with more than nine (9) services or any day with more than two (2) services. There shall be no more than one (1) purchased service in a week that is a scheduled offsetting seven (7) service weeks.  Purchased services shall be permitted to create two (2) consecutive nine (9)-service weeks  on a maximum of two (2) occasions during each of the contract years of this Agreement. With the exception of the scheduling restrictions set forth in Article XIII, all other terms and conditions of this Agreement shall apply to optional purchased services.

     b.  All Purchased Services shall be of no longer than two and one-half (2 1/2) hours duration excluding overtime.

    c. All purchased service compensation shall appear on the paycheck immediately following the week in which the purchased service occurred.

4.  Other musical engagements and optional (volunteer) employment

Definitions and Terms: 

            a. It is understood that optional employment is important to the Musicians as a source of additional income, subject to the primary obligation to the Philharmonic.

            b.  Optional employment will be offered to the Musicians on a voluntary basis, and shall be limited to the number of Musicians required for the engagement as determined by the Philharmonic.

            c.  If an insufficient number of Philharmonic Musicians volunteer for such employment, the Philharmonic at its option will either engage sufficient extra Musicians for said engagement or cancel engagement.

            d.  Compensation:  All optional employment shall be compensated at the rate of one-seventh (1/7th) of the individual’s weekly scale per rehearsal and/or performance.  Only those Musicians who actually rehearse and/or perform such optional employment shall be compensated.

 5.  Overtime.  Excluding emergency delay provisions, any service call that exceeds the duration limits set forth in Section 2 above shall be paid at the current overtime rates. Except as set forth in Article XIII, Section 10, payment for overtime will be made only to those musicians who participated in the overtime work.

 6.  Sound Checks. Sound checks shall occur only on the day of a performance; shall last no more than one-half (1/2) hour; shall begin no more than 1 hour and 15 minutes before a concert; and shall be compensated at straight time commencing with the announced start of the sound check and ending with the beginning of the service call.  Sound checks shall not occur more than three (3) times per contract year.

 7.  Intermissions.

            a.  No playing segment shall exceed ninety (90) minutes without an intermission, with the exception of paragraph b. below.  Service break time will be:

                                    2 hours:            15-minute break

                                    2.5 hours:         20-minute break

                                    3 hours:            25-minute break

b.      If two (2) or more acts are combined during a performance or dress rehearsal, and the time from the service call or the beginning of the combined acts to the end of the combined acts is in excess of 90 minutes without an intermission for the Orchestra, the Musicians shall be paid straight time in increments of fifteen (15) minutes for the period between 90 minutes and the intermission.  This shall not apply to any single act or piece in which the running time is longer than 90 minutes duration.  In the event of such acts or music exceeding 90 minutes duration, break time may be adjusted to the running time of the act or music provided there is compliance with performance conditions.  If performance conditions are not adhered to, payment shall be made as stated above.

            c.  For each one-half (1/2) hour or less of overtime, a five (5) minute intermission shall be taken at the end of the service call and shall constitute the beginning of the overtime call except that the five minute intermission may be taken either at the beginning or the end, at the discretion of the conductor, if there is only one increment of overtime.  For opera dress and technical rehearsals only, the overtime break may be delayed until the end of the act if the act runs past the end of the service call, and all required break time shall then be taken and overtime paid accordingly.

            d. Musicians shall be called back three (3) minutes before the end of the intermission and shall be in their seats ready to play at the end of the intermission.

            e. When overtime is scheduled for a service, the overtime break may be combined with the regular break or the break may be split into two parts.  The determination will be made by consensus between the Conductor, Personnel Manager and the Orchestra Committee.

 8. Set.  A set is defined as related rehearsals and performances.

 9. Season Schedule. Complete individual service assignments shall be included in complete season schedules, which must be issued 21 days in advance of the first service.

            a. Service Assignments. A copy of service assignments for all Musicians in spreadsheet form, broken down by set, shall be provided to the Orchestra Committee when assignments are issued.  This shall also be done at any and all times during the contract year when service assignments are updated. These service assignments shall not be distributed to orchestra members by the Orchestra Committee and shall be used for the sole purpose of monitoring adherence to the terms and conditions herein.

9. Donated Services. The Philharmonic may schedule up to three (3) donated services per contract year for each contracted Musicians. Donated services shall be used for Philharmonic fund raising and promotional purposes only.  Donated services shall be in addition to the maximum weekly service allowance but shall not create either a week with more than nine (9) services or consecutive nine-service weeks, or be subject to Article XIII, Section 3(a).  If the scheduling of Donated Service(s)

requires any other variances from provisions of this Agreement, such scheduling shall require consultation with and the consent of the Orchestra Committee, which consent shall not be unreasonably denied.

 11.  Dress Rehearsals. Dress rehearsals on Runouts and In-Residence/FAU Services, with the exception of educational concerts, must take place in the same venue as the scheduled performance.  A dress rehearsal is defined as the last rehearsal prior to performance.  An Opera which uses two (2) different casts may have two (2) dress rehearsals, one for each cast.

 12.  Relief Services. The Philharmonic shall make available to all string players (not including harp), the principal and second chair woodwinds, and the second chair brass, twelve (12) services of relief per contract year.  Relief services shall be exclusive of, and in addition to, any and all vacation periods.  The Personnel Manager will assign the relief services and will notify each member of the Orchestra, in writing, of his relief services not less than twenty-one (21) days in advance. 

            a. Musicians may make specific requests for relief services, and the Personnel Manager shall make reasonable efforts to accommodate such requests.  Musicians' requests must be made in writing to the Personnel Manager not later than twenty-eight (28) days in advance of the services being requested for relief.  The Personnel Manager will make every best effort to schedule relief services on single service days. Relief services shall be scheduled as follows: four (4) between September 1 and January 1; and eight (8) between January 2 and the end of the season.

            b. Relief services may not be facilitated by the performance of parts by single woodwinds or brass which in the normal course of events are performed by two musicians from two different folders.  Because of this and in order to prevent the expense of hiring extra musicians, it is understood that there will be times when musicians will perform in other than their individually contracted positions within their respective sections.  To ensure the artistic quality of classical subscription concerts, relief services will generally not be scheduled during those services.

            c.  Purchased services shall not count toward relief for those Musicians who perform such services. Services that are assigned in accordance with Article VII, Section 9 shall not count as relief.  

            d. For the purposes of each Musician's weekly or daily service count, each relief service shall be counted as if actually performed on the day on which the relief service is taken.

 13. Revolving Strings. All string sections shall utilize a revolving seating plan.  All members, except for titled Musicians, shall revolve.

ARTICLE XIII: SCHEDULING

1.  Service Limitations. Intervals Between Rehearsals. There shall be a minimum of one and one-half (1 1/2) hours and a maximum of two (2) hours between scheduled morning and afternoon rehearsals as well as between afternoon and evening rehearsals when both rehearsals are at the same location.  Exceptions to the maximum of two (2) hours shall be made regarding opera, choral, oratorio, ballet, musical comedy and orchestra sectionals, when sectionals occur on a two-rehearsal day and the second rehearsal must be for a different program.

            a. Change in Location Within County.  If a change in location is required within the same county there shall be a minimum of two (2) hours and a maximum of three (3) hours between morning and afternoon as well as afternoon and evening rehearsals.

            b.  Change in Location to Outside County. If a change of county is required between services, there shall be a minimum of three (3) hours between services. If two (2) counties are involved, there shall be a minimum of four (4) hours between services.

            c.  Morning and Evening Rehearsal Limitation. The Philharmonic shall not schedule a morning and an evening rehearsal on the same day.  If special circumstances require morning and evening rehearsals, they shall be presented to the Orchestra Committee and be subject to its approval.

            d. Tour/Runout/In-Residence/FAU.  When two (2) rehearsals are scheduled on the same day at FAU or under Tour, Runout or In-Residence conditions, there shall be two (2) hours between services, and per diems shall be paid.

            e.  Rehearsal on Day of Evening Performance. On a day on which an evening performance is scheduled, no rehearsal shall end later than 2:00 p.m., with the following exceptions:

                        i.  Emergencies:  With the prior approval of the Orchestra Committee, a rehearsal may end later but there must be a minimum of three (3) hours between services.

                        ii. Runouts/In-Residence/FAU: When a rehearsal and performance are scheduled on the same day under Runout/In-Residence/FAU conditions, there shall be a minimum of three (3) hours between services, and any applicable per diems shall be paid to all Musicians.  If there are more than three (3) hours between services, day rooms shall also be provided for Musicians who desire them.  Day rooms shall also be provided if two (2) performances are scheduled under these conditions.  In these cases, per diems shall be paid to all Musicians utilizing the day rooms. For services at FAU, such day rooms and per diems shall be limited to Musicians living beyond a 25-mile radius, as measured one way  from FAU.  Round-trip bus transportation shall be provided for each service under these conditions.   On In-Residence double-service days, mileage will be paid for one (1) round-trip; provided, however, that if morning and evening services are scheduled, any Musician who travels round-trip to each service shall be entitled to round-trip mileage for each trip, but shall not in such case receive per diem for the between-service meal.  The Philharmonic shall not schedule services in Dade County and north of the travel boundary on the same day. There shall be no more than seven (7) services in any week containing two (2) In-Residence or FAU double-service days; and there shall be no more than six (6) services in any week containing three (3) In-Residence or FAU double-service days.

                        iii. Coral Springs Services. The Philharmonic will make best efforts to avoid scheduling two (2) services on the same day in Coral Springs.

            f. Morning Services. All morning services shall begin at 10:00 a.m., except that orchestral and ensemble educational concerts may begin no earlier than 9:30 a.m. and no later than 10:15 a.m., and except as needed to adhere to turnaround time as set forth in Section 2 of this Article.  The day after Thanksgiving, the morning shall be free from all services, provided that the Philharmonic is allowed to schedule both a rehearsal from 12:00 p.m. to 2:30 p.m. and an evening service on the day after Thanksgiving.

 2. Turnaround Time.  With the exception of those conditions listed in Article XV, there shall be a minimum of eleven (11) hours between the end of a service on one day and the beginning of a service on the following day.  Bus returns and departures shall be subject to these time limitations; for the purpose of calculating turnaround time, the point of departure and return shall be the mutually agreed Broward County pickup location.

3.  Services Per Week.  There shall be a maximum of eight (8) services per week; except that up to five (5) weeks may contain nine (9) services. Each nine-service week shall be preceded or followed by a week containing seven (7) or fewer services.  There shall be no consecutive nine-service weeks.

4.  Services Per Day.  There shall be a maximum of two (2) services per day.

a.       On a two-service day, scheduled service duration shall not exceed five and one-half (5 1/2) hours on a day including opera, and five (5) hours on a day without opera.  The total service duration, including any overtime, shall not exceed six (6) hours.

            b. When two rehearsals are held during one day, the first rehearsal shall not be of longer than two and one-half (2 1/2) hours duration, and the second shall be of not longer than two (2) hours duration, except that the second rehearsal may be of two and one-half (2 1/2) hours duration and the first rehearsal of two (2) hours duration when the second rehearsal is an opera rehearsal involving principal singers. 

            c. Running of Clock. The clock begins to run at the scheduled start of a service.  In the case of back to back educational concerts, the clock begins to run at the scheduled time for each concert.

5.  Hours Per Week.   No work week shall exceed twenty (20) scheduled hours; provided, however, that there may be a maximum of twenty five (25) scheduled hours in a week containing either nine (9) services, an opera performance, or an opera technical or an opera dress rehearsal. (To clarify, overtime would be paid as is normal in this Agreement).

6.  Configuration of Week.  The week shall be defined as Sunday through Saturday, and there shall be one full day off in each week.  Holidays, as defined in Article XIII, Section 8, shall not be used as the weekly day off. 

            a.  Consecutive Days of Work.  Services shall not be scheduled on more than seven (7) consecutive days without a day off.

            b. Consecutive Days of Double Services.  There shall be no more than two (2) consecutive days of double services, except on one (1) occasion during each contract year.

            c. Consecutive Days Off and Five-Day Work Weeks. There shall be six (6) weeks which contain two (2) days off; on four such occasions during each season, there will be two (2) consecutive days off in a week

7.  Evening Rehearsals. An evening rehearsal is defined as a rehearsal ending after 6:00 p.m.  Evening rehearsals may be utilized only for: (a) Florida Grand Opera tech or dress rehearsals for each production, or (b) Florida Philharmonic rehearsals which utilize a chorus. If an evening rehearsal involves the Chorus, the Chorus does not need to be present for the entire rehearsal.

8. Holidays.   There shall be no services scheduled on December 25, January 1, Easter Sunday, Memorial Day, Labor Day or Thanksgiving.  In

addition, there shall be one (1) additional day off scheduled either on the day before or the day after Thanksgiving.  There may be one service scheduled on December 31; if that one service is a rehearsal, the rehearsal must take place in the morning unless December 31 falls on a Sunday, in which case it must take place in the afternoon.  Services may be scheduled on Passover, Rosh Hashana and Yom Kippur; however, musicians of the Jewish faith, and any musicians who desire to observe the holiday with their spouses of the Jewish faith, shall be excused between one hour before sundown and one hour after sunset during the initial 24-hour period of these holidays with no loss of pay for services missed, provided that notice is given in writing to the Personnel Manager at least 28 days in advance.

            a. In recognition of the religious and ethnic diversity of the Orchestra, the Philharmonic shall make available to each member of the Orchestra one (1) discretionary day off.  This day off is in addition to those listed above, is non-cumulative, is non-assignable, is to be used only for the purpose intended, and will be granted with no loss of pay for services missed provided that notice is given in writing to the Personnel Manager at least  twenty-eight (28) days in advance.

            b. “By mutual agreement, New Year’s Eve (December 31st) shall be included as a holiday; however, if both New Year’s Eve and New Year’s Day fall within the same workweek, New Year’s Eve may count as the weekly day off (see Article XIII, Section 6).  It is further agreed that any service scheduled on New Year’s Eve shall be optional (volunteer) employment.”

9.  Sunday Services. Whenever possible, no services will be scheduled on Sundays.  There shall be no rehearsal on Sunday, except on one occasion during each season.  There shall be no double services on Sunday, except on one occasion during each season, which shall not be a double performance. If a service is scheduled on a Sunday, it shall not commence prior to 2:00 p.m. If a service is scheduled on a Sunday, whenever possible the following Monday shall be a day off. 

10. Rehearsal Overtime. Any rehearsal overtime must be announced 24 hours in advance or the day before, with the exception of dress rehearsals.  Any overtime which is not rescinded 24 hours in advance or the day before shall be paid, whether used or not.

11. Master Classes, Coaching Sessions.  Musicians who choose to schedule master classes or coaching sessions at their own convenience, or who choose voluntarily to accept employment for an extra service for additional compensation, are not bound by the scheduling limitations of Articles XII and XIII. 

12. Notification of Schedule Changes. Twenty-one (21) days notification is required for all changes and additions to the schedule for all Musicians.

13. Emergency Situations. Should an emergency situation arise that prevents one or more of these scheduling limitations from being met, the Philharmonic shall present the situation to the Orchestra Committee, which shall accept or reject the proposed variance.

14.  Notification to Extra (Per-Service) Musicians. All extra (per-service) musicians shall receive at least fourteen (14) days' notification of cancellation of services for which they have been hired.

15. Special Function Exception Process. In the event that the Philharmonic wishes to engage in a major fund raising or promotional or civic service function, and such function prevents one or more of the scheduling limitations of this Article from being met, the Orchestra Committee shall present the situation to the Orchestra within seven (7) days of notification by the Philharmonic and the Orchestra shall, by secret ballot simple majority vote of those voting, accept or reject participation in the function.  In the event that the Orchestra vote must occur less than 21 days prior to the function that is being voted on, and the majority decision is to perform the function, any musician who has a prior commitment that cannot be rescheduled shall be excused.

ARTICLE XIV: AUDITION PROCEDURES

In order to fill vacancies with the most highly qualified musicians, the following procedures will be followed.

1.  Verification of Vacancy. All auditions are subject to the verification of a bona fide vacancy or a new position and shall not occur until Audition Committees, repertoire and notification requirements have been met.

2.  When Auditions Required.  All permanent vacancies, new positions and openings due to a full season's leave of absence shall be filled by auditions, except as set forth in Sections 3 and 5 of this Article.  Any vacancy for less than a full season may be filled by the Music Director by appointment, in consultation with the Personnel Manager, from the approved list of extras, through normal audition procedures, or as described in Section 3 below.

3. Committee Vote Without Audition. Audition Committees may fill an opening without audition, at the request of the Music Director, by

a secret ballot vote in favor of the same by at least five (5) or more members of a Committee. The Orchestra Committee will be notified, in a timely manner,  of meetings at which the Music Director is to make a recommendation to the Audition Committee. Such meetings will not be cancelled, delayed, or postponed should the Orchestra Committee Member be unable to attend, or fail to attend.

4.  Committee Vote to Pass Candidates to Higher Rounds. The Audition Committee will decide by majority secret ballot vote which players who audition in the preliminary and the semi-final rounds, if any, will be passed to the final rounds.

5.  Selection of Concertmaster.   The procedure to be used for selection of Concertmaster shall be determined by the Music Director, management and the Audition Committee.

6.  Vacancies Filled by National Auditions. Vacancies in the Orchestra, as defined in Section 2 of this Article, will be filled by national auditions or the procedures described in Sections 3 and 5.

7.  Contracted Musicians Automatically Advanced to Final Round. All contracted Musicians who wish to audition shall be automatically advanced to the final round.  A member of the Union may be advanced to the semi-final round of a national audition if the musician requests placement in writing to the Personnel Manager at least one week prior to the audition.

8.  No Audition Required of Contracted Musicians.  Musicians holding contracts shall not be auditioned at any time unless said Musician so requests.  This restriction may only be lifted in the event a Non-Renewal Review Committee votes to incorporate auditions into its procedure. 

9.  Notification of Auditions. 

            a. Immediate notice of vacancies shall be posted on the Orchestra bulletin board, mailed to all Orchestra members and sent to the Union office at least five (5) weeks prior to the date of any audition.  Publication in the International Musician must occur at least thirty (30) days prior to any audition date.  Auditions for one-year vacancies may be held without publication in the International Musician when time constraints make such publication impractical. If notice of a vacancy is not published, then the Principal of the section involved, the Personnel Manager and the Orchestra Committee shall mutually agree on the best method of advertising the vacancy.  All other audition requirements shall apply.

 b. Notification by Candidates. Anyone wishing to audition must notify the Personnel Manager in writing at least one week prior to the audition date.  Applications received after this deadline will be refused.

 c. Notification to Candidates. Notices of auditions shall include the position and its term of availability.

 d. Repertoire List.  A repertoire list to be used in auditioning all candidates for a given position shall be established by each Audition Committee.  The list will be available from the first day of posting the vacancy.  If the list includes excerpts from works other than those readily accessible in orchestra excerpt publications, those excerpts will be made available by the Philharmonic in the form of photocopies and sent to all applicants along with the full list.  The Philharmonic shall be responsible for proper announcement of auditions and supply necessary information and repertoire lists to applicants.

10.  Procedures. 

            a. Orchestra Committee/Union Oversight. A member of the Orchestra Committee and/or an assigned representative of the Union must be present at all auditions to insure that correct procedures are being followed.  Any Orchestra Committee member on the Audition Committee, or any musician who serves as a designated player, shall not serve in this oversight capacity.

            b. Screened Auditions. All applicants shall be informed that preliminary and semi-final auditions shall be held behind a screen. There shall be sufficient room behind the screen for each candidate to play his instrument comfortably.

            c. Anonymity of Candidates. A numbering system shall be used to protect the anonymity of all players.

            d. No Committee Communication During Preliminaries. There shall be no discussion or communication among members of any Audition Committee during preliminary auditions.  A majority vote by secret ballot shall advance a player to the next round.  No actual vote count shall be revealed to the Audition Committee until the final round.  However, if any candidate does not receive the necessary votes to advance to the next round, and a member of the Audition Committee wishes to rehear a candidate, if a majority of the committee agrees, the candidate shall be re-heard behind a screen. 

            e.  One Committee Member--One Vote; Bias Protection.  Each member of an Audition Committee shall have one (1) vote in all rounds.  Under no circumstances will the audition proceed if more than one member of an Audition Committee is absent.  Any member whose student may be auditioning or any student whose teacher is auditioning must recuse himself during that audition.  No spouse may serve on an Audition Committee if his/her spouse is auditioning. 

            f. Semi-Final Rounds. Semi-finals (if held) shall be screened.  Discussion may take place.  Majority vote by secret ballot shall advance a player to the next round.

            g. Final Round. Final round auditions shall not be held behind a screen.  The candidates will be identified and the committee may have discussion, after which they will vote by secret ballot.  The Audition Committee, including the Music Director, will be present at the finals.  No candidate shall be engaged unless he/she receives a minimum of four (4) votes, including the vote of the Music Director.

            h. Performance with Musicians of the Orchestra. A finalist may be required to perform with certain designated players during the final round, as determined by the Music Director in consultation with the Audition Committee prior to the audition.  No musician may be required to perform against his/her will.  Any such designated Musician shall be compensated at one-eighth (1/8) of weekly minimum scale for each two and one-half (2 1/2) hours of the audition, excluding meal break.

            i.  Performance with the Orchestra. For each titled position for which auditions are held, the Music Director may invite up to two (2) recommended finalists to play with the Orchestra when he is conducting, for no longer than two (2) weeks within eight (8) months of the last day of the audition, after which a final vote shall be taken, pursuant to Section 10(g) above.

            j.  Status Information to Candidates. At the conclusion of all auditions, all candidates will be informed by the Personnel Manager as to their status.

            k. ICSOM Code of Ethical Audition Practices.   The Florida Philharmonic Orchestra agrees to follow the ICSOM Code of Ethical Practices for National and International Auditions as set forth in Addendum II to this Agreement.

10. Audition Committee Compensation, Meals.  For any audition of four (4) hours or less, exclusive of meal breaks, members of the Audition Committee will be compensated at the rate of one-sixteenth (1/16) of weekly minimum scale.  For any audition exceeding four hours, exclusive

of meal breaks, members of the Audition Committee will be compensated at the rate of one-eighth  (1/8) of weekly minimum scale.  Meals shall be provided by management.

ARTICLE XV: TRAVEL: RUNOUT, IN-RESIDENCE AND TOUR CONDITIONS

1.  Runouts/In-Residence Services. 

            a. Definitions and Limitations; Mileage Entitlement.

                        i. In-Residence Service. As set forth in Article XII, Section 1, an In-Residence Service is any service that takes place outside a boundary west of University Drive, south of Coral Way (SW 24th Street) and north of Yamato Road.  Mileage will be paid, at the rate of $.12 per mile round-trip, for all travel under In-Residence conditions. Any In-Residence Service in excess of three (3) in a week shall be paid at double the above mileage rate.  No mileage will be paid to any musician taking the Philharmonic-provided bus or van.

                        ii. Runout Service. As set forth in Article XII, Section 1, a Runout is any service that takes place outside of Dade, Broward or Palm Beach Counties but less than 120 miles each way or five (5) hours' total travel time from Philharmonic Hall.  Mileage will be paid, at the rate of $ .24 per mile, for all travel under Runout conditions.  Travel under Runout conditions shall be limited to one (1) occasion in any week and five (5) occasions in any season. During any week in which travel to a Runout service is scheduled, there shall be no more than seven (7) services.

            b. Transportation Provided. The Philharmonic is responsible for providing all transportation for services scheduled as In-Residence Services and Runouts.  Musicians shall be present at the mutually agreed and designated Broward County departure point five (5) minutes before the scheduled time of departure.

            c. Travel Departure Time.   Travel on a Runout/In-Residence Service shall not commence before 9:00 a.m., with the exception of educational concerts, for which travel may commence as early as but not earlier than 8:30 a.m. 

            d. Turnaround Time After Runout. No rehearsal or travel shall commence within thirteen (13) hours of the return from a Runout Service.

            e. Meal Per Diems. Per diems shall be paid for all In-Residence/Runout Services as follows:

                                                     2000 - 2005

                                    Breakfast                      $ 6.50

                                    Lunch                           $ 9.25

                                    Dinner                          $17.00

The amount of the Meals and Incidental Expense Rate (currently $26.00 per day) as set annually in Federal Joint Travel Regulation (JTR) shall be exempt from tax withholding; the excess above the Meals and Incidental Expense Rate will be subject to normal tax withholding.

            Breakfast: When Philharmonic-provided transportation departs before 8:30 a.m., the breakfast per diem will be paid, except for educational concerts, when a light breakfast will be provided.

            Lunch: When Philharmonic-provided transportation departs before 12:00 noon or returns after 1:30 p.m. to the mutually agreed departure point, the lunch per diem will be paid.

            Dinner: When Philharmonic-provided transportation departs prior to 6:00 p.m. or returns after 7:00 p.m. to the mutually agreed departure point, the dinner per diem will be paid.

            In accordance with past practice, for purposes of per diems, the departure time shall be the mutually agreed Broward County (Fort Lauderdale) departure time, even though for the convenience of Musicians (an) additional departure point(s) may be specified.

            No meals shall be scheduled in school cafeterias when other suitable facilities are available.  Per diems will be waived when the Philharmonic provides suitable meals;  the Orchestra Committee shall have the right to determine suitability.

            f.  Buses: Quality. The Philharmonic shall provide buses of first-class quality to all Musicians for all In-Residence and Runout Services.  The buses shall be equal in comfort, condition and safety to those used by common carriers for long distance travel, and shall be equipped with operable heating, air conditioning, rest room facilities, overhead reading lights, and seating accommodations for each Musician.

             g.  When Buses Provided. A signup sheet will be posted for buses for In-Residence/Runout Services.  If fewer than ten (10) musicians sign up to ride the bus, management need not provide transportation, but must notify musicians either 24 hours in advance or at the last service of the set prior to the affected In-Residence/Runout Service .

           h. Musicians Providing Own Transportation.  Musicians shall have the option of traveling by private transportation, at their own expense, to all In-Residence/Runout Services.  Such Musicians shall receive the same per diem as Musicians who elect to travel by Philharmonic-furnished transportation.  Musicians traveling on their own to In-Residence/Runout Services shall receive overtime transportation payments, if any, as if they had utilized Philharmonic-provided transportation.

            i. Departure Points. Transportation provided by the Philharmonic shall depart from Philharmonic Hall or other locations mutually agreed upon by management and the Orchestra Committee.  However, there will be round-trip buses provided from both Miami and Ft. Lauderdale for all In-Residence/Runout Services.  Parking adjacent to the departure area shall be provided to the Musicians at no charge.  Musicians shall be present at the designated departure point ready to travel five (5) minutes before the scheduled departure time.

            j.  Bus Capacity. Buses shall have a capacity of 43 or more persons and may be filled to no more than 80% capacity.  Those Musicians who carry large instruments which each require a seat on the bus shall sign up for two (2) seats.  However, only one seat shall count toward the 80% capacity figure.  Any Musician who has signed up for the bus, appeared at the proper time and is denied seating shall be compensated as a driver according to Union rates.

            k.  No Smoking. There shall be no smoking aboard any bus.  The musicians shall vote prior to any tour or In-Residence/Runout Service which utilizes two (2) or more buses as to whether there should be smoking stops of five to ten (5 - 10) minutes every one and one-half (1 1/2) hours.  If it is decided that there will be smoking stops, the time taken for such stops will not be counted as part of total travel time.

            l. Round Trip Buses. Shall be provided from Ft. Lauderdale to Miami for morning services on days when there are morning and evening services in Miami.  Such buses shall not leave before 8:30 a.m.

            m.  Day Rooms. Under In-Residence or Runout conditions or when required at FAU, day rooms shall be provided if there are more than three (3) hours between arrival and the scheduled service, or between services. There shall be no more than two (2) persons per room with two (2) double beds.

            n. Travel Overtime. Any return from an In-Residence, Runout, or Tour Services scheduled for later than 12:30 a.m., but not later than 1:00 a.m., shall be compensated, in increments of fifteen (15) minutes or less, at the hourly rate of $12.50.  Any return from an In-Residence, Runout, or Tour Services scheduled for later than 1:00 a.m., but not later than 2:00 a.m., shall be compensated, in increments of fifteen (15) minutes or less, at the hourly rate of $18.50.  Any return scheduled from an In-Residence, Runout, or Tour Services scheduled for later than 2:00 a.m. shall require overnight accommodations, unless mutually agreed to the contrary between the Philharmonic and the Orchestra Committee.

                        i. Exception to Travel Overtime. Travel overtime shall not be compensated if such overtime is due to an act of God, mechanical failure, traffic accident or medical emergency.

            o.  If an accident, illness or family emergency befalls a Musician on an In-Residence or Runout or Tour Service, no compensation shall be lost by that Musician.  If medical treatment is required, the Philharmonic shall be responsible for transportation to and from the medical facility.  If a Musician's illness or injury on a tour or In-Residence/Runout Service necessitates early return home, the Philharmonic shall be responsible for providing transportation.

2. Tours.  No tours are planned for the term of this Agreement.  Should a tour opportunity arise, provisions for that tour shall be negotiated between management and the Tour Committee.  The parties agree to engage in ongoing discussions regarding tour language during the course of this Agreement.  No tours  will be conducted unless the agreed upon tour language is in effect for at least four months prior to the commencement of the tour.

ARTICLE XVI: WORKING AND SAFETY CONDITIONS

The following working and safety conditions shall govern all services at all times as set forth herein.  In the event of one or more of these conditions not being met or maintained, no affected Musician(s) shall be required to render service, nor shall said Musician(s) suffer loss of compensation or penalty of any other nature.  With the exception of rain delay and indoor temperature delay, no delay provisions based on working and safety conditions shall supersede any scheduling minimum requirements unless otherwise agreed to by the Orchestra Committee prior to the continuation of the service during which the delay occurs.

1.  Temperature. 

a.       Minimum/Maximum Permissible Temperatures. The Orchestra shall not perform or rehearse on any stage or in any pit when the temperature is lower than 65 degrees Fahrenheit or greater than 84 degrees Fahrenheit.  Management will make best efforts to keep the temperature to 82 degrees.  If the temperature reaches 83 degrees, musicians may remove their jackets.  Management will make best efforts to achieve consistent temperatures throughout all halls. The Philharmonic shall use its best efforts, including but not limited to temperature control devices, to insure that the stage/pit temperature at any service is not lower than 68 degrees or greater than 82 degrees Fahrenheit.  For outdoor services, the temperature must be 68 degrees or higher at the beginning of the service.  If during the service the temperature falls below 67 degrees, Musicians shall not be required to perform.

            b. Temperature Service Delay. There shall be a maximum of thirty (30) minutes' delay without financial penalties for the purpose of waiting for the temperature to adjust.  If not adjusted to within the parameters described in paragraph (a) above, the Orchestra shall have the right to be excused without loss of compensation.

            c. Philharmonic Responsibility. It is the Philharmonic's responsibility to check facilities and duplicate concert conditions in order to ensure that the temperature conditions meet contractual requirements.

2.  Lighting. The Philharmonic shall ensure that adequate, but not excessive, light for reading is provided and maintained at all services, as well as adequate safety lighting backstage.  All stairwells must be well-lit when in use by Musicians.  Stand lights shall be made available at any Musician's request.

3. Space.  The setup of the orchestra at all services shall be such that adequate and safe playing space shall be provided and maintained for all Musicians.  No Musician (with the exception of keyboard instruments) shall be separated from the Orchestra unless called for in the score.  A two-foot (2') unobstructed walkway shall be maintained at all services on stage and in a pit.  Pit walkways shall run from one end of the pit to the other.  Pit exits shall be unobstructed at all times and be connected to the walkway.

            a. All stage and/or pit space is for the sole use of Musicians and their equipment.  With the exception of sound-shielding devices and microphones, no other objects shall be on the stage or in the pit.  However, props incidental to the music being performed will be allowed on stage.

            b. Camera crews and their equipment on the stage and/or in the pit shall require the prior approval of the Orchestra Committee.

4. Risers. All risers shall be structurally sound.  Protective molding will be used on riser backs at all times and on the sides when there is less than

one foot (1') between the Musician's chair and the edge.  No Musician shall be required to sit closer than two feet (2') from the edge of the stage.  Any use of risers shall in no way cause either a strained or impaired view of the conductor or interfere with the two-foot (2') unobstructed walkway.  The Philharmonic will make best efforts to see that the same conditions obtain in the pit.  All risers must provide as equal a playing space as the natural floor they are replacing and be free of any rocking.

5.    Safety. The Philharmonic shall use its best efforts to ensure than any special effects (cannons, dry ice, other loud noises, projectiles, water, suspended props, etc.) will not injure or present a potential danger to the Musicians or their instruments, and will not interfere with any Musician's performance.

     a. Ear Plugs and Sound Shields. The Philharmonic shall provide earplugs at each service for use by those Musicians whom wish to use them.  In addition, sound shields shall be made available at each service. Upon request, no musician shall be denied the use of a sound shield. All such requests shall be made to the Stage Manager or Operations Manager. The Philharmonic shall maintain fifteen (15) sound shields at each service.

   b. Electronic sound monitors which are on stage and in the pit or rehearsal area shall be checked for volume prior to all services at which the monitors are utilized.  A stage crew person shall be available at all services at which these monitors are utilized in order to adjust levels.

6.  Parking. The Philharmonic shall provide adequate parking at no cost to the Musicians and located as close as possible to the location of the service. The Philharmonic will provide voucher parking for all daytime services at Gusman Center for the City of Miami Parking Garage #4.

            a. In situations requiring metered parking, the Orchestra must be notified at least 24 hours in advance and of the denomination of coin(s) required.  In situations in which meters do not provide a minimum of 45 minutes' parking time in excess of the service call, including overtime, the Philharmonic shall be responsible for extending the time needed.  In metered situations, a written voucher shall be submitted by each affected Musician.  Reimbursement shall occur during the pay period in which the affected services occurs or that which immediately follows.

            b. Unloading provisions for all Musicians with large instruments shall be available at all services.

b.      Designated backstage or adjacent parking areas for Musicians shall be available at the following halls:  WMA, TOPA, WPBA, MMS, Bailey Hall, BCPA, KCPA, CSCC, DCA, and any other locations at which regular seriestake place.  Parking at all other locations shall be as close to the location

of the services as possible.  Whenever possible, adjacent parking will be provided at FAU.  In the event that the Philharmonic becomes aware of problems with parking at FAU, it will notify the Orchestra Committee at least forty-eight (48) hours in advance.  In this case bus transportation, in accordance with the provisions of Article XV, will be provided and a mutually agreed alternate parking lot will be designated.

7.  Dressing Rooms. Adequate and sanitary dressing rooms and rest rooms for the sole use of Musicians shall be provided at halls where series are performed.  There shall be separate facilities for men and women.  At all other services, adequate and sanitary separate facilities shall be available for men and women.

8.  Rain/Direct Sunlight. All outdoor services shall require weather-tight overhead protection.  No Musician shall be required to play in the rain or direct sunlight.  The Philharmonic may delay the service for up to forty-five (45) minutes without financial penalties for the purpose of correcting such conditions.  Indoor facilities shall be available for storage and shelter during inclement weather.

            a. Instrument Protection. Personal instruments transported by the Philharmonic shall not be unloaded in the rain, nor be placed in direct sunlight or rain. 

9.  Cancellation and Rescheduling. The Philharmonic may cancel or reschedule a service due to inclement weather without penalty, provided that the Musicians are notified by the Philharmonic no later than two and one-half (2 1/2) hours before the beginning of the scheduled service time by telephone or prearranged radio station.  Under these circumstances it is the Musician's responsibility to be available for communication.

            a. Any outdoor concert or indoor service cancelled due to adverse weather shall not be deemed lost to the Philharmonic, provided that such rescheduling shall not affect the weekly service limitations, except that no more than one such make-up service will be allowed in a work week already containing nine (9) services.

11. Bowings. The Concertmaster shall consult with the Music Director regarding bowing.  Each section leader will institute the bowings for his Section in consultation with the Concertmaster.  The master string parts shall be marked and returned to the Librarian at least three (3) weeks prior to the first rehearsal of the program.  All music, including string parts with coordinated bowings, shall be available to the Musicians two (2) weeks prior to the first rehearsal of a new program.  With the exception of accompaniments, all bowings must be established prior to the

dress rehearsal. 

11.  Tuning. Among the duties of the Conductor is to determine the pitch of the Orchestra.  The Concertmaster and Principal oboe shall supervise tuning procedures at all services.  Regular Orchestra tuning shall be at a minimum pitch of A-440 with a maximum pitch of A-442.

            a.  In rehearsals, the sounding of the tuning note shall coincide with the scheduled beginning of the service.  Tuning is generally done by section (winds, then strings).  Musicians are expected to be silent while another section is tuning, and tuning is limited to tuning notes so as not to disturb others.

            b.   The Concertmaster will sit down as a signal for all tuning to stop.

12.  Courtesy. It is firmly agreed that all Musicians will demonstrate to and receive from all Conductors, Musicians, Management and Staff, mutual respect and courtesy in all their dealings.  Flagrant disregard of the above shall constitute grounds for a grievance.  If a Musician has a complaint about a member of Management or Staff, such complaint shall be brought to the attention of the Orchestra Manager.  The Conductor is in full artistic charge of all services.  Pitch, interpretation, balance and dynamics are under the Conductor's authority as is the basic stage/pit arrangement of the Orchestra, in accordance with the provisions of Article XVI.

13.  Additional Conditions.

            a. No Individual Rehearsing. There shall be no stand-by-stand or individual-by-individual rehearsing of section strings except as per score requirements.

            b. Pay Period and Paycheck Availability. The work week and vacation weeks shall be defined as Sunday through Saturday.  All payments of wages shall be made biweekly and shall include all overtime, per diems, etc. that fall within the pay period.  Such payments shall be made available to the Musicians by 12:00 noon on Fridays.

            c. Payments for Excess Services. Payments for services in excess of the weekly or annual guarantee which are not otherwise addressed will be made no more than two (2) weeks after the final pay period of the season. 

            d. Stage/Pit Clutter. Musicians agree to keep the stage/pit free of nonessential equipment during concerts.  Musicians may carry a small black handbag or purse on stage which shall be placed on the floor upstage of the musician's chair. 

            e. Warm-Up Access. Musicians shall have access to the performance area (stage, rehearsal space or pit) not less than thirty (30) minutes prior to the scheduled commencement of all services.  The area shall be clear of all set-up and other non-musician activity.

ARTICLE XVII: PROBATION, TENURE, NON-RENEWAL FOR TECHNICAL AND/OR MUSICAL REASONS

1.  Probationary Period. The first two (2) seasons for any newly-employed Musician shall be probationary seasons.  The Music Director may terminate a probationary Musician by March 1 of the Musician's first season.  The letter of termination from the Music Director, or in his absence the Personnel Manager, shall be final and binding and no further action shall be required from the Philharmonic.  If probation is extended into the second season, the Music Director may terminate employment of such a Musician on or before March 1 of the second season of probation, provided that he has met with the Musician, together with the Personnel Manager and a member of the Orchestra Committee, by January 1 of the second season.  The Music Director shall give reasons for the warning and suggest areas of improvement.  Any notice of non-renewal must be given by March 1 of the second probationary season and shall state reasons for the termination.  Once a probationary Musician receives a termination notice, he shall have no further recourse.  A non-tenured Musician may not invoke the grievance procedure, non-renewal procedure or arbitration procedure with respect only to the termination or modification of the Musician's individual contract.

2.  Tenure. Any probationary Musician who is not given a timely and proper notice of non-renewal by March 1 of the second season shall be a tenured member of the Orchestra.  A probationary player who, subsequent to notice of non-renewal, has re-auditioned and been offered a contract shall not lose credit for prior service with the Orchestra.

3.  Retention of Tenure Upon Promotion from Within.  A tenured Musician who is promoted from within the Orchestra to a titled or higher position shall be probationary in the new position for one season but shall retain all rights of tenure in his original position.

4.  Notice of Non-Renewal of Tenured Musician.   Any tenured Musician who is not being renewed will be given written notice not later than March 1. 

5. Individual Contract Renewal. By March 1 of the current season, the Philharmonic will offer to each Musician an individual contract for the ensuing season, stating the Musician's position and salary, unless the procedures for dismissal or demotion have been invoked pursuant to this

Article XVII.  A Musician will notify the Philharmonic as soon as possible, but no later than March 31, of intention to accept or reject.  If a Musician does not return a signed, individual contract to the Philharmonic by March 31, the contract offer will be deemed rejected and the position vacant.  In a year in which the Master Agreement will expire, the individual contract shall state that the salary offer shall be no less than the individual's current contract and shall depend upon completion of collective bargaining and a mutually satisfactory individual agreement.  If a Musician requests release from his individual contract after March 31, such request shall not be unreasonably denied.

6. The basis for non-renewal (dismissal or demotion) of tenured Musicians of the Orchestra shall be if the Musician does not meet the artistic standards of the Orchestra.

7.  Warning System for Technical and/or Musical Deficiencies.

            a.  No earlier than December 1 and no later than January 1 of any contract year, the Music Director will hold a conference with any tenured Musician whose dismissal or demotion for technical and/or musical reasons is being considered .  A member of the Orchestra Committee will be present, and all pertinent deficiencies will be specified.  The Personnel Manager may be present at the request of the Philharmonic.  Within five (5) days of the conference, a written notice containing all specifics discussed shall be provided to the Musician, with copies to the Orchestra Committee and the Union.

            b.  Following an observation period by the Music Director of no less than four (4) services, a final conference will be held by February 15 with any tenured Musician who received notification of consideration of dismissal or demotion for technical and/or musical reasons.  A member of the Orchestra Committee will be present, and the Personnel Manager may be present.  Within five (5) days of the conference, a written, specific evaluation will be provided to the Musician with copies to the Orchestra Committee and the Union.  This warning procedure is hereby incorporated into the non-renewal process, and no letters of non-renewal (dismissal or demotion) shall be issued to tenured Musicians unless this warning procedure has been adhered to in all respects.

8.  Clarification of Demotions. Demotion of a Tenured Musician that results in the loss of a position is appealable to the Non-Renewal Review Committee.

9. Non-Renewal Review Committee. A tenured Musician who has been dismissed or demoted may request a review by the Non-Renewal Review Committee.  Such request must be made in writing to the Orchestra

Committee, with a copy to the Personnel Manager, within five (5) days after notice is received.

10.  Determination of Process by Secret Ballot.  The Review Committee of 15 shall determine by secret ballot the review process in each case.  Once decided, the review process must be carried out no sooner than April 15 and no later than the end of the regular season.  After the review process has been carried out, the Committee shall vote by secret ballot to uphold or to vacate the dismissal.  Any decision of the Review Committee, concurred in by eight (8) or more members, shall be final and binding upon the parties. 

11.  No Consecutive Non-Renewal Proceedings. No tenured Musician shall have dismissal or demotion procedures initiated against him for two (2) consecutive years.

ARTICLE XVIII: DISCIPLINE AND DISMISSAL

1.  Professional Decorum. When any Musician employed under this Agreement is engaged in Orchestra activities, such Musician shall maintain a state of decorum and presentability consistent with professional status and with the artistic image of the Orchestra.  Violation of the above will constitute just cause.  Insobriety, substance abuse, unexcused absence and excessive tardiness shall also constitute just cause.  A first offense shall carry a written warning indicating that dismissal or discipline may be pending upon recurrence. 

The Orchestra Committee and the Philharmonic shall establish a system of fines for tardiness, and the fines shall go to the Philharmonic Musicians' Association Fund.  When a Musician is tardy more than three (3) times in one season it shall be considered excessive and may constitute just cause for dismissal.  Tardiness records shall not be retained for more than three (3) seasons.  Musicians shall not receive compensation for unexcused absences.

2.  Dismissal or Discipline for Just Cause.  Dismissal or discipline for just cause must follow the following procedure:

            a. Timely Notification to Affected Musician, Orchestra Committee and Union.  The Philharmonic shall notify the Musician in writing within three (3) business days of the occurrence.  Copies of such written notification to the Musician shall be sent to the Orchestra Committee and the Union on the same day as the Philharmonic's notification is sent.

c.       Appeal by the Musician, in the form of a written notice, within five

(5) business days of receipt of notification to the Philharmonic or designated agent.  Copies of such written notice of appeal to the Philharmonic shall be sent to the Orchestra Committee and the Union on the same day as the Musician's notice is sent.

            c. Attempt to Resolve.  The Orchestra Committee shall try to resolve the dispute with the Philharmonic's designated agents within five (5) business days of receipt of the appeal notice. 

            d. Referral to Union by Orchestra Committee.  If no resolution is fashioned through the efforts set forth in paragraph (c) above,, the dispute shall be presented, in writing, by the Orchestra Committee to the Union within five (5) business days.

            e. Arbitration.  If not resolved by the above, either party may submit a grievance to the Board of Arbitration.  The decision of the Board of Arbitration shall be final and binding on all parties and the affected Musician.

ARTICLE XIX: GRIEVANCE AND ARBITRATION

A grievance within the meaning of this Agreement shall consist of all disputes, differences or controversies which may arise between the parties, except for non-renewal.  Any grievance which cannot be settled satisfactorily by the Philharmonic Orchestra Manager and the Orchestra Committee, which was submitted in writing to the other party within 30 days of its occurrence, may within 60 days of its submission to the Orchestra Manager and/or Orchestra Committee be submitted at the request of either party to arbitration. 

            The Parties shall select on a rotation basis from the names listed below:

                        Charlotte Gold              Jim Stern

                        Robert Light                 Walter Gershenfeld

Once selected, the arbitrator shall proceed as soon as practicable to hold a hearing and render a decision regarding the grievance.

The arbitrator shall be confined to interpretations of the Agreement only, past practice may be considered.  He or she shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement.

The arbitrator may not issue declaratory or advisory opinions and shall confine him or herself exclusively to the question which is presented.

Each party shall bear the expense of its own witnesses and its own representatives.  The parties shall split the cost of the arbitration.

All written grievances must contain a concise statement sufficient to reasonably apprise the other party of the nature of the grievance.  The statement must at a minimum contain the following:  (1) a complete statement of the grievance and the facts upon which it is based; (2) the specific Articles and clauses claimed to have been violated; (3) the date or dates upon which the alleged violation took place; (4) the remedy or correction requested; and (5) the signature of the grieving party.

The parties may by mutual agreement extend the time limits set forth, such Agreement will not be unreasonably withheld.

ARTICLE XX: ORCHESTRA BUSINESS

1.  Orchestra Meetings. All Orchestra meetings for elections or other business and Committee meetings for matters included in this Agreement shall not be held on Company or Philharmonic time.  The Philharmonic will, however, supply a meeting place for these activities.

ARTICLE XXI: OTHER WAGES AND CONDITIONS

1.  Practice Studio. The Philharmonic requires each Musician to maintain a separate, exclusive practice studio in his/her home.

2.  Dress Code. The following Dress Code will be strictly enforced for performances with the Philharmonic Orchestra of Florida.  Failure to do so will result in the possibility of fines for the individuals involved.  Repeated violations may result in more serious penalties.

D R E S S   C O D E

Men

Formal Subscription Concerts:

Dress tails

White long sleeve dress shirt

White studs (if used)

White vest or cummerbund

White bow tie - Long black socks - Black shoes

Evening non-subscription and Evening Pit Performances:

Tuxedo with black vest or cummerbund

White long sleeve dress shirt

Black studs when used

Black bow tie - Black socks - Black shoes

All Daytime Concerts and Pit:

Black, dark blue or dark gray suits with or without vests

Long sleeve white shirts

Long dark tie - Black socks - Black shoes

Outdoor Concerts:

White long sleeve dress shirt

Black pants

Black socks - Black Shoes

Women

Formal Subscription Concerts and all evening Stage Concerts

(excluding Pit):

Ankle length or longer black dress  (solid, no sequins, no white trim) 

OR...

Black full dress pants with solid  black tops, full or 3/4 length sleeves  (no jeans or tight fitting pants)

Black stockings - Black shoes

Evening Pit Performances:

Same as evening stage concerts, except that mid-length dresses or skirts are permitted, as are neutral stockings.

Daytime Stage or Pit Performances, with the Exception of Educational Concerts:

Knee-length black skirt and black top,  with 3/4 length or longer sleeves.  Skirts must cover the knees when  sitting

 OR...

Black full dress pants with black top (no jeans or tight fitting  pants) OR...

Solid black dress with skirt to cover the knees when sitting.

Neutral stockings - Black shoes

Daytime Educational Concerts:

Black knee-length skirt (must cover  knees when sitting) or full black  pants (no jeans or tight fitting  pants)

White blouse with 3/4 length or longer  sleeves

Neutral stockings - Black shoes

Outdoor Concerts:

Same as Daytime Educational except must have black stockings.

Sandals, high boots, denims (jeans), dangling earrings, distracting jewelry, or any other exceptions to the foregoing are not permitted.  Shoes should be shined.

 3.  Split and Reduced Orchestras.  The Florida Philharmonic Orchestra shall consist of all seasonally contracted Musicians except when the Orchestra is split or reduced according to the following provisions:

            a. The Orchestra may be split or reduced from its full complement of contracted Musicians.  All Orchestra splitting shall be done so that the groups formed are as artistically comparable as possible and the workload is distributed as equitably as possible.  When the Orchestra is reduced, Musicians shall be assigned so that the workload is distributed as equitably as possible.

            b. Split or reduced Orchestras may be used for opera, ballet, chamber orchestra, choral, oratorio, musical comedy or educational services to meet score requirements, reduced string requirements, space limitations, or other circumstances that would engage the portion of the Orchestra that is not otherwise employed. 

            c. Appropriate Philharmonic management representatives shall be present for split or reduced Orchestra services:  Personnel Manager, Librarian and Stage Manager or their designees.

            d. The Philharmonic shall designate all split and reduced Orchestra services as such and shall notify Musicians of assignments at least twenty-one (21) days in advance.  Any Musician who is taken off of a service with less than twenty-one (21) days notification will be credited with all services of that set which fall within the 21-day notification period.

            e. No unit consisting of fewer than seventy-five percent (75%) of contracted Philharmonic Musicians may use the Florida Philharmonic Orchestra name.

4.  Small Ensembles.  An ensemble shall be defined as a group consisting of more than one but fewer than ten (10) Musicians.  Musicians playing in small ensembles will be scheduled according to all pertinent sections of this Agreement, including adequate scheduled rehearsal time.  Existing ensembles which are on the approved list may be used, or where additional ensembles are needed, Musicians may be asked to form or be assigned to an ensemble.  Small ensembles shall not be scheduled to play as "background music."

a.       For a performance of two hours, which shall include a twenty (20) minute break, an ensemble shall receive credit for one (1) service.  Small ensembles may be scheduled for back-to- back educational services within a two (2) hour period, including a twenty (20) minute break.  Overtime will be paid only if the total service time exceeds two hours.  Each performance will be of no less than thirty-five (35) minutes duration. Small ensembles may be used for services such as, but not limited to, fundraising events, community outreach in venues such as community centers, hospitals, elder care facilities, corporate sites, as well as educational activities in schools and childcare centers, etc.  All such small ensemble services shall not be counted, as are split and reduced services, when considering service distribution among musicians.

5.  Solo Performances.

            a. Minimum Conditions. All conditions pertaining to a solo engagement (i.e., solo concerto or concertante), such as the amount of advance notice needed for preparation, the choice of music to be performed, number of performances and the date, time, and place of performances must be mutually agreeable to the soloist and the Philharmonic and formalized in a memorandum signed by both parties, which memorandum shall not supersede the terms and conditions of this Master Agreement or the Musician's individual contract.

            b. Compensation. A performance of a major work for a solo instrument placed in front of the Orchestra shall be compensated at a minimum of $100 per performance.  Group solos shall be defined as above, but with two to four instrumentalists, and shall be compensated at a minimum of $50 per performance per Musician.  Musicians shall not unreasonably withhold their consent to perform solo works.

6.  Master Classes/Coaching.

            a. Master classes shall be defined as group instructional sessions for instrumental music students conducted by Philharmonic Musicians.

            b. Coaching sessions for side-by-side preparation or youth instrumentalists may be group or individual sessions. 

            c. No Musician shall be required to perform more than twenty (20) such services per season.

            d. A Musician may request not to participate in master classes or coaching.  Such requests must be put in writing to the Orchestra Manager for consideration during the first three weeks of the season and shall be supported by considered and valid reasons.

            e. Musicians may request to be assigned to master classes or coaching sessions.  Such requests will be honored wherever possible.

            f. The Philharmonic shall provide a contact person for each ensemble, master class or coaching service.  The Philharmonic shall see that the schedule is provided, facilities and equipment are available, and an on-site contact person is available for information, assistance and supervision of facilities.

            g. The designated leader of ensemble performances will be responsible for time keeping.

7.  All services under this Article are subject to all the terms and conditions of this Agreement, with the following exceptions:

            a. Musicians involved in master classes or coaching who choose to schedule these sessions at their own convenience are not bound by scheduling restrictions.

            b. The Philharmonic is not required to provide transportation for ensembles or master classes/coaching on In-Residence and Runout Services.  However, mileage and per diems shall be paid according to the appropriate provisions of this Agreement.

            c. No master class or coaching services will be raised in any non-renewal for technical and/or musical reasons.

8.  Acting Principals.

            a. Temporary vacancies in the Principal chair shall be filled by moving players up in consecutive order; provided, however, that if the vacancy should be for a performance or the last two rehearsals prior to a performance, the Conductor involved shall have the right to decide which player shall fill the vacancy according to the artistic needs of the program.  For all split orchestra services when the score requires more than one of an instrument, either the 2nd or 3rd chair wind player must be assigned to play with the Principal.

b.      A non-Principal who is not an Assistant, Associate or  Co-Principal, who is asked to play Principal may refuse to do so except in an emergency situation which shall not exceed one service per set.  However, in order to facilitate relief, if all Musicians in a particular section refuse such request, a Musician may be assigned to perform the duties of the Principal.  Such Musicians who play Principal will be paid one and one-third (1 1/3) of minimum scale for those services.  In the event that no contracted Musician is willing to serve as Principal, in other than relief situations, the Philharmonic will have the responsibility of engaging a suitable substitute.  No Musician may refuse to move up to a higher chair other than the Principal chair for services performed under this section.  No non-titled player may replace or displace a titled player who is present or available.

9. Other Wages and Conditions Negotiable By the Parties. All wages and conditions not covered in this Agreement are to be negotiated by the Union and the Orchestra Committee with the Philharmonic, and ratified by the Orchestra.

10. Personnel Files. Personnel files shall be available to Musicians during normal business hours on a reasonable basis upon written request to the Personnel Manager by the Musician.  A representative designated by the Philharmonic shall be present when the file is examined.  All personnel file records referring to an individual's tardiness and absences shall be purged no later than three (3) years after issuance.

ARTICLE XXII: FORCE MAJEURE AND EMERGENCY CANCELLATION

1.  Force Majeure.  In case of fire, war, revolution, siege, epidemic, closing of the auditorium by civil authorities, or unforeseen accident, whenever such cause shall arise, this Agreement may be suspended for the time such cause exists.

2.  Emergency Cancellation. Any cancellation or postponement of any service occasioned by circumstances beyond the control of the Philharmonic shall constitute a waiver of the notice requirements in Article XIII, Sections 12 and 14. Such cancelled or postponed service shall not be deemed lost, but may be rescheduled by the Philharmonic during the remaining period of time in the then-current contract year, provided that such rescheduling shall take place only after the Union has confirmed that the circumstances causing the cancellation or postponement were, in fact, beyond the control of the Philharmonic.  If, however, Musicians report at a location for a scheduled service or to be transported to a scheduled service and the Philharmonic has been negligent in failing to notify the Musicians of the cancellation or postponement by telephone or prearranged radio station announcement, the Musicians will then be given credit for such service as if performed.  Such rescheduling shall not affect the weekly service limitations, except that no more than one such makeup service will be allowed in a work week already containing nine (9) services.

ARTICLE XXIII: NO STRIKE, NO LOCK-OUT

1. The Union agrees that during the term of this Agreement, there will be no strikes or concerted interference with the operations of the Florida Philharmonic Orchestra for any reason.

2.  The Philharmonic agrees that during the term of this Agreement, there will be no lock-outs.

3.  The Philharmonic agrees that if the Union does not cause, authorize, approve, sanction or ratify a strike, the Philharmonic will not make a claim of damages against the Union.

4.  The refusal of a Musician covered by this Agreement to cross any legal picket line shall not constitute a violation of this Agreement nor be just cause for discipline or discharge.

ARTICLE XXIV: SEPARABILITY

Should any provision(s) of this Agreement be declared illegal by proper authority, then any such determination shall not affect the remaining terms, conditions and provisions of the Agreement or any alterations, modifications, amendments, extensions or renewals hereof.

ARTICLE XXV: GOOD AND WELFARE

When the price of the Orchestra has been undercut by a competitor and an engagement lost, it shall be detrimental to the good and welfare of the Orchestra for a member of the Florida Philharmonic Orchestra to accept such engagement, especially if the fee is less than the Philharmonic would have had to pay such Musician.

The undersigned agree that this is a fair representation of the wages, terms and conditions agreed upon during negotiations between the Florida Philharmonic Orchestra and Local 655, American Federation of Musicians.

AGREED this   ___10th____ day of July  2002 at Fort Lauderdale, Florida.

 AMERICAN FEDERATION                                                 

OF MUSICIANS, LOCAL 655                                             

Peter Graves, President

FLORIDA PHILHARMONIC

ORCHESTRA, INC.

Daniel R. Lewis                                                                                       

Governing Board Chairperson

ADDENDUM I

ICSOM Code of Ethical Practices for National and International Auditions

Purpose and Scope of Code.

It is of utmost importance to musicians, managers and conductors that auditions be conducted in accordance with guidelines ensuring competition that is fair to all who audition, while providing the best results for orchestra seeking musicians.

Therefore, the American Federation of Musicians (AFM), the International Conference of Symphony and Opera Musicians (ICSOM) and the Major Orchestra Managers Conference (MOMC) propound the following ethical and fair audition practices to which all parties should adhere, subject to local contractual considerations.

I.  Preparation for Auditions.

1. Notices of auditions should be given only for genuine vacancies, including newly created positions, which the management intends to fill as a result of those auditions, with not predeterminations having been made as to who will be hired.  Musicians taking such auditions should only do so with intentions of accepting the position if it is offered.

2. Auditions should be advertised in appropriate places, including the International Musician and AFM central auditions office.  Notices should be clear and complete, specifying the position intended to be filled by the auditions, the person to contact in response to the notice, and the dates that applications are due and that auditions will be held.  Notices should appear far enough in advance of auditions for interested musicians to apply and to adequately prepare.

3. All applicants should be sent written responses to their applications.  Invited applicants should be sent clear instructions setting forth the date, time and place of the auditions, the complete audition repertoire (excluding sight-reading repertoire), and parts for announced excerpts not generally available.  All parts supplied by the orchestra should be legible and identical for all candidates.

4. Applicants should be given notice that if they choose not to attend the audition they should promptly notify the Personnel Manager or other designated person.

II.  Conduct of Auditions.

1. In preparing for and conducting auditions, all participants should be aware of policies and procedures governing those auditions, including this code.

2.  Although the existence and composition of an audition committee and the nature and extent of its participation in auditioning and hiring is determined locally, musicians' involvement should at least include the initial screening of applicants.

3.  Applicants should not be disqualified from auditioning on the basis of information about them obtained from current or previous employers or from other institutions to which they have applied.

4.  Auditionees should be given sufficient time and, to the extent possible, adequate private facilities in which to warm up and practice.

5.  Parts supplied by the orchestra for auditions should be in good condition, legible and clearly marked as intended to be played at the audition.

6. There should be no discrimination on the basis of race, sex, age, creed, national origin, religion or sexual preference; steps ensuring this should exist in all phases of the audition.

7. There should be reasonable accommodation for the handicapped.

8. Auditionees should be given opportunity and encouragement to comment, anonymously if desired, to the audition committee and management about the audition process.

9. Auditionees should be notified of their status in the audition process immediately upon such determination.  Candidates under active consideration after auditions are completed should be so notified and given and estimated time of final decision.

10. Auditionees should be informed prior to auditions of the orchestra's policy regarding reimbursement of auditionees' expense for additional stay or travel incurred at the request of management.

Administration and Review of Code.

A joint committee of representatives of the Major Orchestra Manager Conference, ICSOM and the AFM Symphony Department shall be established to oversee and review this code periodically.

ADDENDUM II

Individual Player Contract

1.  This agreement, executed as of ________________, is by and between the Florida Philharmonic Orchestra (hereinafter "Employer") and _________ (hereinafter "Player").

2.  This contract is made in accordance with the Collective Bargaining Agreement ("Agreement") dated October 23, 2000 through August 31, 2005, between the Employer and Local 655, American Federation of Musicians ("Union").

3.  All three copies of this contract must be signed by Player and returned to Employer no later than  March 31,  200__.

4.  The Employer hereby employs the Player and the Player promises to play ______ and occupy the position of _________ during the 200__ - 200__ Season as specified in the Agreement upon the terms and subject to the conditions set forth in that Agreement.  On occasion, as circumstances may require, Player may be asked by the conductor to play another position on a temporary basis.  Such a request shall not be unreasonably refused.

5.  Player is a(n) _____ member of the orchestra, with a salary of $_______.  Services in excess of the guarantee shall be paid at the individual's per-service rate.

6.  The Employer shall pay the Player all compensation due under the terms of the Agreement, and shall make AFM/EPF fund contributions and perform payroll responsibilities as specified in that Agreement.  Player agrees that union work dues will be deducted if Player is a member of the Union.  All opera and ballet services will be compensated in accordance with the opera and ballet clauses of the Agreement.

7.  This contract is made pursuant to the Agreement and the terms and conditions of that Agreement, and its amendments are made a part hereof.

8.  It is understood and agreed that it is the responsibility of the Player to obtain and become familiar with the current Agreement and in signing this agreement accepts responsibility for the terms and conditions of that Agreement.

10. Player is responsible for notifying Employer of any changes in address

and/or telephone number.

10.  Article XXVI of the Agreement states:

GOOD AND WELFARE: When the price of the Orchestra has been undercut by a competitor and the engagement lost, it shall be detrimental to the good and welfare of the orchestra for a member of the Philharmonic to accept such engagement, especially if the fee is less than the Philharmonic would have to pay such musician.

11.  Changes on this document will void this agreement.

12.  Employment offer is contingent upon legal immigration status of Player.

IN WITNESS THEREOF, the parties have executed this contract in triplicate as of the day and year first written above.

EMPLOYER __________________________  DATE: _____________________                                

PLAYER _____________________________  DATE : ______________________

____ I am a member of Local ___ of the American Federation of Musicians and I agree that work dues shall be deducted from my paycheck and submitted to the AFM.

____ I am not a member of the American Federation of Musicians.

ADDENDUM III

            The parties hereto agree to the following additions and modifications of the current collective bargaining agreement for the period November 2001 through August 2003.

            A.  A total of four (4) weeks shall be eliminated from the 2001-2002 season, which shall consist of the donation of Musicians’ services, and the elimination of Musicians’ pay for weeks 9 and 10 (November 11 - November 24, 2001) and the elimination of weeks 36 and 37 (May 19, 2002 - June 1, 2002) from the orchestra’s schedule and the elimination of Musicians’ pay for this period.

            B.         A total of four (4) weeks shall be eliminated from the orchestra’s schedule for the 2002 - 2003 season, which shall consist of three (3) playing weeks and one (1) vacation week, and the elimination of Musicians’ pay for this period.

            C.        The minimum number of contracted musicians shall remain at 81 for the seasons 2001-2002 and 2002-2003.

            D.        The language of Article XXl of the previous collective bargaining agreement which related to “small ensembles,” which was deleted and/or modified in the current agreement, shall be reinstated.  That language read as follows:

"Non-principal players for small ensemble services shall be paid no less than 1 1/3 of minimum scale for each of said services. All such premium pay shall be paid within the pay period during which the services were performed.    No musician shall be required to play more than twelve (12) ensemble performances in any one season.”

            E.         No tenured players will be dismissed or demoted on artistic grounds during the period November 2001 through November 2003.

            F.                     An Artistic Committee, as described on the attachment hereto, and including the Music Director and Executive Director, shall be established forthwith, and shall function until August 2003.

            G.        A Vision/Long-Term Strategic Planning Committee which shall contain significant orchestra representation shall be formed and shall begin to function forthwith.

            H.        The FPO staff will be cut by six (6) full-time and six (6) part time positions and will not be increased at least through August 2003.

 Date    July 10th, 2002 

Artistic Committee

General Description

An Artistic Committee will be formed and will function during the ’01-’02 and ’02-’03 seasons to guide the overall artistic activities of the Philharmonic during this period.  The Artistic Committee will help to define the FPO’s artistic agenda and will work with the Music Director Search Committee to ensure continuity of musical excellence for the organization in its transition to the artistic leadership of a new Music Director.

Scope

The primary function of the Artistic Committee will be to oversee the performance activities of the Florida Philharmonic and to safeguard the artistic excellence of the organization and the integrity of its image by selecting programming and guest artists of the highest possible caliber.  The Artistic Committee will review each concert venue to determine what programming best serves the constituent community of each venue where the Philharmonic performs.  Additionally, the Artistic Committee may choose to develop new venues, series, event or other activities to help further the financial and artistic well-being of the organization.

The Artistic Committee will work with the Music Director (or Acting Music Director) to determine the selection of all programming and guest artists.  A conductor (either the Music Director, Acting Music Director or a guest conductor) may propose programming for a concert or a season, but the Artistic Committee will have the final authority to reject or approve proposed programs.

Limitations

The Artistic Committee will not be directly involved in financial planning.  While performance activities will take into consideration any financial benefit or expense to the organization, the Artistic Committee will act within the operating budget approved by the Governing Council.

The Artistic Committee will not play any role in the administration or negotiation of any contracts between the musicians of the Florida Philharmonic or any conductor, guest artist or administrative staff member.

Representation

Members of the Artistic Committee must be capable of assessing programming choices, determining the financial implication of those choices, and assisting in the artistic focus of the organization.  Thus, the member of the Artistic Committee must possess a balance of musical knowledge, audience awareness, financial responsibility, and artistic commitment.  The Artistic Committee to be comprised of the following representatives:

The Executive Director (and/or other designated representatives of FPO management).

Governing Council Representatives

Musician Representatives (selected by the FPO musicians).

Music Director (or Acting Music Director)

The Artistic Committee will be comprised of an equal representation of 1). Governing Council Representatives, FPO staff members and Music Director, and 2). elected musicians.  Although it is anticipated that the Committee will govern by consensus, each member of the Artistic Committee will technically have one vote and a simple majority will govern.  It is anticipated that the Artistic Committee will comprise of 12 members.