UNIFORM MASTER AGREEMENT

Between

Renaissance Chamber Orchestra

and

South Florida Musicians Association, Local 655 AFM

ARTICLE I

PARTIES AND TERM 

A.    Parties:  This Collective Bargaining Agreement (the “Agreement”) is entered into between the Renaissance Chamber Orchestra (the “Employer”) and the South Florida Musicians Association, Local 655 (“the Local”), American Federation of Musicians (“the Union”).

B.    Term:  This Agreement shall be in effect from July 5, 2005, through May 31, 2006.

ARTICLE II

DEFINITIONS

A.    Overtime:  “Overtime period” shall mean a quarter-hour, or fraction thereof, immediately following a Service or another Overtime Period during which a Musician’s services are required.

B.    Service Durations & Intermissions:  “Service time” shall mean the time commencing at the scheduled starting and ending when the orchestra is released.  Service time shall include Intermission time (i.e. time during which a Musician shall not be asked to perform any duties for the Employer whatsoever) totaling not less than twenty (20) minutes for the first 2.5 hours of service time plus not less than five (5) additional minutes for each additional 30 minutes of service time, except that a Performance which consists of a single work (or a single work plus the National Anthem) the total playing time of which does not exceed one hour and forty-five minutes (1.75 hours) shall not require an intermission.  An intermission shall be taken after seventy-five (75) consecutive minutes of playing except under the following musical considerations: (a) dress rehearsals and performances of works or movements the duration of which is more than seventy-five (75) minutes; or (b) dress rehearsals and performances of multi-movement works the musical thrust of which demands playing to completion without pause.

C.    Musician:  A “Musician” shall mean a musician whose services are required by the Employer.

D.    Multiple Instruments: DOUBLING shall mean being required to play more than one instrument during a Service.

E.     Set: Concerts consisting of the same program, and their related rehearsals.

ARTICLE III

RELATIONSHIP OF THE PARTIES & SERVICES COVERED 

A.    Recognition:  The Employer recognizes the Local as the sole and exclusive bargaining agent for all Musicians employed by the Employer.

B.    Applicability:  The bargaining unit shall consist of the Musicians engaged by the Employer.  This Agreement shall apply in full to all musical Services which are performed by the members of the bargaining unit.

C.    Access: With seven day’s notice, representatives of the Local shall have access to the place of any Service for the purpose of conferring with the Musicians. The Representative of the Local may not interfere in any way with a rehearsal or performance.

ARTICLE IV

PERSONNEL

A.    Notice:  A Musician who is engaged to perform an individual Service or Services by a call notice or whatever normal method is used by the Employer, whether verbally or in writing, shall be employed for said Service or Services.  This notification shall consist of the Musician’s position and the instrument(s) on which the Musician shall perform and a list of the venues, dates, and times of Services for which the Musician’s instrument(s) shall be required. A verbal acceptance made by a Musician shall carry the same commitment as a written acceptance. Complete season schedules shall be made available no later than 90 days prior to the start of the season.

B.    Musician’s Obligation:  Each Musician who agrees to perform specific Services for the Employer shall be obligated to perform those Services unless excused.  A Musician shall be entitled to be excused from Services if s/he notifies the Employer at least fourteen (14) calendar days prior to the first Service connected with a scheduled Performance s/he has agreed to perform.  A Musician may be excused within the fourteen-day period prior to the first rehearsal of a concert s/he has agreed to perform only with the consent of the Music Director or his/her designee.  A Musician who has obtained first-call rights under the provisions of §IV-D may forfeit the rights granted under that Section if s/he violates the notice requirements stated herein.

C.    Cancellation:  If a Service is canceled and notification is given to Musicians fourteen (14) calendar days or more before the first Service connected with a scheduled Performance, no payment shall be due to the Musicians hired; if less than fourteen (14) calendar days’ notification is given, the Musicians shall be paid for the Service(s). Musicians may, on an individual basis, relieve the employer of financial responsibilities if the musician has found other employment as a musician to replace the canceled services. Payment for such canceled Services shall be made in accordance with §V-M.

D.    Regular Musician Status & Right of First Call:  After a maximum one year probationary period, a Musician who has formally won a position in the orchestra and has been employed for 75 % or more of the concerts requiring that instrument in the following Contract Year shall have the status of Regular Musician with the orchestra. To maintain the right of first call for all services requiring a professional in his/her positions, a Musician must continue to fulfill the requirement of performing 75% or more of the services requiring that instrument each year.

E.     Substitutes: Musicians may obtain substitutes for services, subject to approval of the Employer. When a musician obtains a substitute for less than all of the services of a set, both the musician and the substitute must jointly attend one rehearsal of the set, for which only the substitute shall receive compensation.

ARTICLE V

COMPENSATION 

A.    Section Musician’s scale for Services shall be as follows:

 

 

 

 

B.    Donated Rehearsals:  Donated services may not be used as a condition of employment.

C.    Overtime Scales:  Overtime shall be compensated at time-and-one-half and shall be paid in fifteen-minute increments.

D.    Rehearsal Flextime Provision:

1.     The Rehearsal Flextime Provision may be activated or deactivated by a majority vote of the Regular Musicians of the orchestra.  Once activated, it will remain in force from Contract Year to Contract Year until deactivated.  Deactivation may occur at any time; a deactivation vote will be taken upon request of any Musician, within seven (7) days of the request.

2.     If activated, the Rehearsal Flextime Provision permits a rehearsal to be extended no more than five (5) minutes after its scheduled ending time without incurring overtime charges.  It is expected that rehearsals will also end early from time to time, so that the aggregate number of rehearsal minutes will not be increased by the exercise of the Rehearsal Flextime Provision.

3.     The Personnel Manager and the Steward will log rehearsals that end early and those that are extended and will provide tallies of the total minutes thus displaced to Musicians and Management upon request.

4.     If a rehearsal is extended, individual Musicians may remain for the extended minutes.  A Musician who chooses not to do so is not subject to any penalties, financial or otherwise.

5.     If a rehearsal is extended beyond 5 minutes, overtime automatically is taken to have commenced at the scheduled ending time of the rehearsal.

E.     Librarian: Librarian shall receive 200% of scale wages, including rehearsals and overtime.

F.     Doubling: Musician who is required to play a double or doubles shall be paid as follows:

First Double:                             15% of scale wages, including rehearsal and overtime

Each Additional Double:           10% of scale wages, including rehearsal and overtime

G.    Pension Contributions:  The Employer shall be provided a current copy of and bound by the Agreement and Declaration of Trust Establishing the American Federation of Musicians and Employers’ Pension Fund (as it has been and may be amended), which is incorporated herein by reference as though set forth in full.  The Employer shall make contributions to the AFM-EP Fund on behalf of each Musician it employs in the amount of 8% of the Musician’s wages, including all overtimes and premiums.

H.    Additional Engagements: Any type of engagement in which the Employer is hired by an outside contractor or producer (e.g., providing musical accompaniment for professional acts appearing at major venues) shall be performed under the terms and conditions set forth in this agreement.

I.       Cartage:  When applicable, the Employer shall pay additional compensation to a Musician to cover the extra costs of moving personal, oversized instruments to Services as follows:

Instrument	Description		Cartage Fee
Accordion			$10
Amplifier			$15
Bass, String			$10
Bassoon, Contra			$10
Clarinet, Contra Bass			$10
Harp			$50
Keyboard			$10
PA System			$75
Organ	Non-portable; ex: Hammond B-3		$100
Sax, Baritone	If in addition to 2nd instrument		$10
Sax, Bass			$10
Tuba			$10
Percussion		Description
Bells			$10
Chimes		Full set	$50
Chimes		Individual chime note & stand	$10
Chimes		Each Additional chime note	$5
Congas		Each	$10
Crotales		Set	$10
Drums		Club date kit (trap set)	$25
Drums		Concert bass	$10
Drums		Electronic (each)	$10
Gong			$10
Marimba			$30
Steel Drums		1st	$10
Steel Drums		Each add’l	$5
Timbales			$10
Timpani		1st	$25
Timpani		Each add’l	$20
Vibraphone			$25
Xylophone		Full	$25
Xylophone		Pit	$15

J.      Parking:  The Employer shall provide free parking to all Musicians employed or shall reimburse the Musicians for any parking fees incurred.  Parking shall be near the place of the Service.

K.   Travel within the Tri-county Area: When transportation is not provided, the Employer shall pay additional compensation to a Musician to cover the extra costs of traveling to venues as follows:

Distance from Musician Residence to Venue:	Fee:
25-50 miles	$12
51-80 miles	$18
81-120 miles	$35

L.     Travel outside the Tri-County Area:

1.      Transportation shall be provided and shall depart from a mutually agreed upon central location.

2.      Musicians shall be compensated $10 per hour from departure time until arrival at destination both to and from engagement.

3.      Hotel rooms and meals shall be provided by the Employer.

M.  Wage Payments:  Payment of wages shall be made not later than fourteen (14) calendar days following the last service in a set.

N.   Other Payments:  Payment of work dues and contributions to the AFM-EP Fund shall be made no later than 30 calendar days following the last service in a set.

 ARTICLE VI

HEALTH AND SAFETY 

Working Conditions:  At no time shall any Musician be asked to perform under any conditions which constitute a hazard to his/her health or hearing, or to his/her musical instruments or equipment, e.g., direct sunlight, improper lighting, unsafe staging, temperature extremes, high wind.

ARTICLE VII

ELECTRONIC MEDIA

A.     Archival  Recordings:  Audio/Video Archival  recordings may be made of any Service for the use of the Employer, the Music Director, guest artists, conductors, composers, grants agencies, and/or Musicians for study and archival purposes.

B.    News Programs:  The Employer or its designee may make audio or video recordings of up to fifteen (15) minutes of any Service for promotional use with no additional compensation to the Musicians, provided that the resultant broadcast of that Service does not exceed two minutes.

C.    Promotional Announcements:  The Employer and the Local may mutually agree, on a case-by-case basis, to the use of sections of audio or video recordings of Services made under and subsequent to the execution of the Agreement for the production of Promotional Announcements.  No additional compensation shall be paid to the Musicians for the timely broadcast of such an Announcement if the following conditions are adhered to strictly:

1.     The Promotional Announcement shall directly and exclusively promote the Employer’s orchestra and its productions (including guest artists).

2.     The Promotional Announcement shall be broadcast only on local radio or television stations.

D.    The Employer may create, or cause to be created, audio recordings of rehearsals and/or performances covered under this agreement for the express purpose of local radio broadcast. For the purposes of this agreement, “local” shall be defined as broadcasts emanating from within the jurisdictional boundaries of Local 655, A.F. of M.

1. There shall be no compensation for the initial broadcast of each such recording.
2. Each additional re-broadcast beyond the initial release shall be compensated at the rate of $5 per musician per broadcast.
3. The Employer accepts responsibility for the creation, use and storage of broadcast tapes. After broadcast, such tapes shall be returned to and remain in the custody of the Employer. The Employer shall not duplicate, nor permit duplication of such tapes.
4. Every broadcast shall include this wording: "This broadcast is presented in cooperation with the musicians of the Renaissance Chamber Orchestra and Local 655 of the American Federation of Musicians."

E.     Under no circumstances shall the recordings be used in connection with any dismissal or other disciplinary procedures.

F.     Recording Prohibition:  Except as otherwise explicitly provided above, no Service nor any part thereof shall be recorded, reproduced or transmitted from the place of performance in any manner or by any means whatsoever, by the Employer or by any other person, in the absence of a specific written agreement with or approved by the Union.  This prohibition shall not be subject to any of the Arbitration Procedures of this Agreement, nor to any form of arbitration, and the Union may enforce this prohibition in any court of competent jurisdiction.

G.    Federation Agreements:  The Employer agrees to enter into the appropriate agreements with the Union prior to any recording done under its auspices.  Should any recordings made under Section A, B, C, or D of this Article ever be used for any purpose not explicitly set forth in that Section including, but not limited to, national broadcasts, phonograph records, commercial announcements, or background music for any type of sound or film program, the Employer shall fulfill all conditions required by the appropriate agreement of the Union, including, but not limited to, the payment of prevailing wages and benefits.

H.    Video Enhancements:  The Employer may make use of live feed (i.e. unrecorded) video projections of the musicians displayed in the performance hall or monitored in the lobby for latecomers during the performance.  Any recordings made by this process will be subject to the provisions of §VII-F.

ARTICLE VIII

TERMINATION

A.    Termination for Musical Reasons:  Should the Music Director feel that a Regular Musician’s playing no longer meets the musical standard of the orchestra, the Music Director shall give a written warning to that musician, with a copy sent to the Local, setting forth the specific musical problems s/he perceives.  The Musician so notified shall be entitled to meet with the Music Director to discuss the perceived problems and to seek to solve them.  The Local shall be present at such meeting.  The Musician shall be entitled to have his/her section principal or peer present.  If, in the opinion of the Music Director, the playing of a Regular Musician who has received such a warning has not improved sufficiently after his/her completion of two (2) subsequent performances of differing repertoire, the musician shall have the right to request a Review Committee consisting of the Music Director, the Personnel Manager, and three Musicians other the warned musician (Regular Musicians, when possible) elected by the orchestra. After such discussions, the Review Committee shall vote by secret ballot whether or not to terminate said musician.  A majority vote shall be required to overturn the termination and no abstentions shall be allowed. The decision of the review committee shall be final and binding on both parties.  The Employer shall send a written Notice of Termination to said musician no later than two weeks following the completion of the process.

B.  Just Cause Dismissal:  Dismissal of any Regular Musician for any reason other than musical shall be allowed only for just cause.  Any such dismissal shall be subject to the grievance procedure in §IX of this Agreement.

ARTICLE IX

GRIEVANCE AND ARBITRATION

Upon written presentation of the dispute or controversy related to the terms of this agreement, the parties (or their designee) shall convene within thirty (30) calendar days to resolve the grievance.  If no written resolution is achieved within ten (10) calendar days of this meeting the Local or the Employer may submit the grievance to arbitration by a neutral arbitrator selected under the rules and procedures of the Federal Mediation and Conciliation Service, or the American Arbitration Association. The decision of the Arbitrator selected in accordance with those rules and procedures shall be final and binding. The fees of the arbitrator shall be divided equally among both parties.

ARTICLE X

NO STRIKE-NO LOCKOUT

No Strike-No Lockout:  During the term of this Agreement, there shall be no collective cessation of work by Musicians covered by this Agreement for any dispute subject to the Grievance Procedure in §IX of this Agreement, nor shall there be any general lockout of the said Musicians by the Employer for any reason or cause whatsoever, except for breach of this agreement. Notwithstanding the above, no Musician shall be discharged or otherwise disciplined for refusing to cross an authorized strike picket line of the Local regarding a primary labor dispute, nor shall any Musician be required to provide services for an employer or purchaser with which the Local  or the Union is involved in a dispute.

ARTICLE XI

MISCELLANEOUS

A.    Program Credit:  For self-sponsored programs, the Employer shall acknowledge in its printed programs that it has negotiated an agreement with the Local.

B.    The Employer shall meet monthly during the season with the duly elected Orchestra Committee.

C.    Non-Discrimination:  The Employer and the Local shall comply with all applicable local, State, and Federal non-discrimination laws.

D.    Captions:  The captions used throughout this Agreement are for convenience and reference only, and shall not be used to construe any provisions.

E.     Interpretation:  The Interpretation and enforcement of this Agreement shall be governed by Federal law and by the laws of the State of Florida not inconsistent therewith, and no provisions of this Agreement may be modified or waived except in writing signed by both parties.

F.     Severability:  If any part, term, or provision of this Agreement is for any reason held to be illegal or in conflict with any law, Federal, State, or local, the validity of the remaining portions and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision so held to be invalid.

G.    Waivers:  Either party shall have the right, upon showing by one party of emergency or special need satisfactory to the other party, to grant a written waiver or compromise of any of the terms and conditions of this Agreement for such special situation or emergency.  The waiver of any provision of this Agreement by either party shall not constitute a precedent for any further waiver of such provision.  The Employer shall not ask any individual Musician or Musicians to waive any conditions or provisions of this Agreement or any rules of the Local or of the Union.

H.    Amendment of Agreement:  The parties shall, by mutual agreement, have the right to amend this Agreement during its term if they both believe that an emergency or unforeseen circumstance make such an amendment essential or desirable.  In such an event the parties may meet to discuss the item(s) in question and to seek a mutually accepted solution to the problem(s).  Nothing in this Section, however, shall be construed as requiring either party to consent to amend the Agreement because it has allowed discussion of the issue.

THIS AGREEMENT executed by the duly authorized agents of the parties this day: