( artscape) - ontario · 2019-05-15 · article 1.0 purpose 1.1 the general purpose of this...

COLLECTIVE AGREEMENT

BETWEEN

TORONTO ARTSCAPE INC.

(" Artscape")

-and-

THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND

MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED

STATES, ITS TERRITORIES AND CANADA

Artscape - IATSE Agreement FINAL

LOCAL #58, TORONTO

(the "Union")

1 September-25-15

Contents Preamble ....................................................................................................................................................... 3

Article 1.0 Purpose ................................................................................................................................. 4

Article 2.0 Recognition and Scope .......................................................................................................... 4

Article 3.0 Union Security ....................................................................................................................... 5

Article 4.0 Management Rights .............................................................................................................. 6

Article 5.0 Head Technician and Assistant Head Technician .... .............................................................. 7

Article 6.0 Casual Stage Employees ........................................................................................................ 8

Article 7.0 Non-Departmental ................................................................................................................ 8

Article 8.0 Stage Management ............................................................................................................... 8

Article 9.0 Minimum Stage Crews .......................................................................................................... 9

Article 10.0 Hours of Work ....................................................................................................................... 9

Article 11.0 Wages and Payroll ............................................................................................................... 10

Article 12.0 Benefits ............................................................................................................................... 11

Article 13.0 Public Holidays .................................................................................................................... 12

Article 14.0 Bereavement and other Leaves .......................................................................................... 12

Article 15.0 Health and Safety ................................................................................................................ 12

Article 16.0 Termination of Employment ............................................................................................... 13

Article 17.0 Tools .................................................................................................................................... 14

Article 18.0 Performance Recording ...................................................................................................... 14

Article 19.0 Harassment/Non-Discrimination/Workplace Violence ...................................................... 15

Article 20.0 Program Credits .................................................................................................................. 15

Article 21.0 Strike and Lockout ............................................................................................................... 16

Article 22.0 Grievance ............................................................................................................................ 16

Article 23.0 Renewal of Contract ............................................................................................................ 17

Article 24.0 Effective Date and Duration ................................................................................................ 17

Artscape - IATSE Agreement FINAL 2 September-25-15

Preamble

"Rooted in Regent Park, Open to the World"

The founding vision for Daniels Spectrum, a cultural hub in Regent Park, describes a place for cultural exchange and collaboration rooted in Regent Park and open to the world. It is a community cultural hub where people come to be inspired, to learn, to share and to create. It provides:

o A showcase for artistic talent o An incubator of creative people and organizations o A workshop for new artistic creations o The social heart of Regent Park

Daniels Spectrum is a multi-faceted facility developed by Artscape, Toronto Community Housing

Corporation and the Daniels Corporation to serve as the heart and meeting place for both the local

community and the larger city. Opened in 2012, it is a 60,000-square foot community cultural hub

located at 585 Dundas Street East in Toronto's Regent Park neighbourhood, an area that is undergoing

an enormous revitalization, as the former TCHC housing is replaced with a mix of market and affordable

housing.

Artscape has a covenant with the Regent Park Community, its funders and donors, to operate Daniels

Spectrum in a community-oriented and accessible manner, placing the highest priority on affordable

access and support for members of the surrounding community, non-professional artists and arts

organizations, and other disadvantaged groups from across the city. The building was built with

significant public sector funding and private philanthropy and operates on a non-profit, cost-recovery

basis.

Ada Slaight Hall, wherein the majority of the work described in this Agreement takes place, is a flexible,

6,000 square foot event space that Artscape rents to a wide range of clients. Significant private

philanthropy was raised at the outset, and continues to be sourced through fundraising campaigns and

special events, to cover the operating costs and to significantly subsidize access to this space. The

majority of clients are grassroots community groups or smaller not-for-profit organizations. Annually,

up to 100 events are given completely free access to the space; grassroots and small not-for-profits pay

one-third of the regular fee; medium not-for-profits pay half; large not-for-profits pay 80%; and a

handful of corporate or private clients pay the full fees.

The terms and spirit of this Agreement must support the priority of affordable access, respect and

service of the Regent Park community and all Daniels Spectrum clients and participants, in keeping with

the vision for this cultural community hub.


Article 1.0 Purpose

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

maintain:

A. Orderly collective bargaining relations;

B. A procedure for the resolution of grievances and;

C. Satisfactory working conditions, hours of work and wages as herein provided for all employees

who are subject to the provisions of this Agreement.

Article 2.0 Recognition and Scope

2.1 Artscape recognizes the Union as the sole collective bargaining agent for all Stage Employees of

Artscape working on activities which are expressly within the scope of this Agreement (as detailed

below) at Daniels Spectrum, a cultural hub In Regent Park, located at 585 Dundas Street East, Toronto,

save and except non-working supervisors and persons above the rank of non-working supervisors.

2.2 The jurisdiction of the Union under this Agreement extends only as expressly stated in this

Article and no jurisdiction that is not expressly stated in this Article shall be implied.

2.3 There are three categories of Stage Employees covered by this Agreement:

i. Head Technician is an employee who is hired on a guaranteed minimum number of hours

per month as defined in this Agreement.

ii. Assistant Head Technician is an employee who is hired on a guaranteed minimum number

of hours per month as defined in this Agreement.

iii. casual Stage Employees are employees who are hired on an occasional and irregular basis

when required and with no reference to a guaranteed number of hours.

2.4 Stage Employees employed by Artscape at Daniels Spectrum in the City of Toronto shall perform all

work requiring the set-up, installation, operation, maintenance and take-down of all theatrical

equipment, except as expressly excluded in this Article.

2.5 Nothing in this Article precludes or limits the right of Artscape staff to work in the facility and to

make minimal use of theatrical equipment in the venues when Continual Technical Assistance is not

required. For the purposes of this Agreement, Continual Technical Assistance means where there is

a need for technical support during the course of the event or activity, as opposed to minimal set-up

or take-down activity for such event or activity.

2.6 Nothing in this Article precludes or limits the rights of the Technical Director, or designated

substitute, from operation of all equipment in the following cases:

A. Emergency

B. When a Stage Employee requests assistance


C. For safety concerns

D. For facility maintenance needs

E. For the supervisory purposes of load-in, load-out, set-up and take-down of events

F. To perform work in accordance with the present practice

2.7 Notwithstanding anything else in this Article, the following activities are expressly excluded from the

scope of this Agreement:

A. Any performance activity or event that does not require Continual Technical Assistance;

B. Any non-performance or event activity including, but not limited to:

a. Tours

b. Training

c. Staff meetings

d. Building maintenance/repairs and equipment overhaul/maintenance

2.8 Artscape has the right, in its sole discretion, to assign Stage Employees to perform work that does

not fall within the scope of the Agreement as herein defined. While so employed, the Stage

Employee shall be entitled to be paid the wages and benefits provided in this Agreement. However,

the assignment of non-bargaining unit work to Stage Employees shall neither extend nor otherwise

change the scope of the Union's bargaining rights under this Agreement, nor change the Jurisdiction of the Union herein defined.

2.9 Nothing in this Agreement shall be interpreted to prevent or preclude the participation of a

supervisory designer, or specialized employee of an equipment supplier in the specialized

adjustment and installation of any theatrical scenery, properties, electrical effects, sound

equipment, projecting apparatus, P.A. system, and specialized computer/IT equipment.

2.10 Persons who are not members of the bargaining unit shall be permitted to operate sound, lights,

and/or multi-media effects to the extent that such operation is part of present practice and

provided that members of the bargaining unit shall not be displaced.

2.11 Any public, written or media references by the Union about this Agreement shall refer to the

site by its full name: Daniels Spectrum, a cultural hub in Regent Park.

Art icle 3.0 Union Security

3.1 Subject to the exceptions in Article 2.0, all work falling within the jurisdiction of the Union shall

be performed exclusively by members of the Union and shall not be performed by non-Union employees

and/or contracted out in whole or in part to any third party, except in the case where the Union is unable to provide Stage Employees as required.

3.2 Artscape agrees, where required under the terms of this Agreement, to employ the Head

Technician and Assistant Head Technician, as selected by Artscape.


3.3 The Union agrees to supply competent Casual Stage Employees with professional capabilities, in

numbers and for such times as required by Artscape. The Union agrees to consider Artscape's requests

for specific Casual Stage Employees on a case-by-case basis.

3.4 Artscape may employ contractors to perform work that requires the competence of special

contractors, and is outside the normal competence of the Union, including but not limited to all

electrical, sound, plumbing and structural installations.

3.5 Artscape and its clients will be permitted to have representatives to supervise, direct and assist

Stage Employees in the loading in, setting up, and loading out of theatrical equipment and sets. The

intent of this provision is not to displace any technician who is qualified to perform said work.

Article 4.0 Management Rights

4.1 Subject to only those specific limitations expressly contained in this Agreement, the Union

acknowledges that all rights and prerogatives of Management are retained by Artscape and are

exclusively within the powers of Artscape and its Management. In managing its operations, Artscape

shall retain the right to alter staffing levels, scheduling, position descriptions, or other operations,

policies and methods as it sees fit. Without limiting the generality of the foregoing, the rights of

Artscape shall include, but shall not be limited to:

A. The right to determine and maintain: the accessibility model and programming; the ethical

integrity of its activities; and the organizational structure of Artscape.

B. The right to make, alter and enforce rules and regulations, policies, methods and practices to be

observed by its Stage Employees.

C. The sole right to hire the Head Technician and the Assistant Head Technician.

0 . The sole right to determine job qualifications and standards for all Stage Employees; to reward

and promote Stage Employees; to direct all of the Stage Employees; to determine the number of Stage

Employees required at any given time; and to determine the hours of work and schedules of Stage

Employees.

E. The right to determine the extent of its operations and their commencement, expansion,

curtailment or discontinuance; to determine the work to be done; to determine the methods and

procedures to be used to ensure security of the property of Artscape and generally to manage the

undertaking and its business without interference.

F. The right to refuse to employ or demand replacement for any Stage Employee who in the sole

discretion of Artscape is incompetent, unqualified, unfit for work for any reason, or who has previously

or presently conducted him/herself improperly, following notification of the Union.

G. The right to discipline, discharge and lay off Stage Employees in accordance with the terms of

this Agreement.


Which rights are solely and exclusively the rights of Artscape unless specifically limited by this

Agreement.

Article 5.0 Head Technician and Assistant Head Technician

5.1 The management of Artscape shall have the sole right to select and hire the Head Technician

and Assistant Head Technician.

5.2 In the event of the replacement of the Head Technician and/or Assistant Head Technician,

Artscape shall:

A. Request and consider a list of qualified candidates from the Union, to be provided by the Union within seven (7) business days of the request.

B. Select from the candidates a member of the Union whom Artscape deems to have the required qualifications, through a process at Artscape's discretion, or

C. Inform the Union in writing why no candidate was deemed suitable by Artscape, should Artscape determine so.

5.3 In the event of 5.2C above, Artscape may:

A. Hire an applicant who is not a member of the Union and who shall be employed under the terms and conditions of this Agreement. After serving a minimum of three (3) month probationary period the

selected candidate shall be required to become a member of the Union, after meeting the requirements

of membership as determined by the Union.

B. Notify the Union of the selected candidate.

5.4 Nothing in Clause 5.2 or 5.3 shall preclude Artscape from advertising for this position elsewhere, considering that time is of the essence.

5.5 The first three (3) months of employment for any Head Technician or Assistant Head Technician hired shall be a probationary period. During this probationary period, Artscape shall have the right to terminate the Head Technician or Assistant Head Technician's employment where he/she fails to meet

performance expectations, or acts in violation of Artscape's Human Resources Policy, Health and Safety Policy or in contravention of any governmental legislation regarding workplace conduct or any other

reason whatsoever, so long as the termination is not in bad faith or contrary to the Ontario Human Rights Code. For the purposes of this clause the termination provisions of Article 16 and the grievance

provisions of Article 22 hereunder do not apply.

5.6 Subject to the other terms of this Agreement, Artscape shall employ the Head Technician for a

minimum of 96 hours per month and shall determine and set this work schedule.

5. 7 Subject to the other terms of this Agreement, Artscape shall employ the Assistant Head Technician for a minimum of 80 hours per month and shall determine and set this work schedule.

Artscape- lATSE Agreement FINAL 7 September-25-15

5.8 The Head Technician and Assistant Head Technician shall not accept any other work assignment

that conflicts with their scheduled commitment to Artscape, and will make themselves available to work

the required minimum number of hours per month, unless otherwise agreed upon between the

employee and Artscape.

5.9 The Head Technician and Assistant Head Technician shall be paid their respective hourly rate as

identified in Clause 11.1 regardless of the work performed. Should the Head Technician or the Assistant

Head Technician perform work which falls outside the scope of this Agreement, the Head Technician or

Assistant Head Technician shall be paid his/her hourly rate as identified in Clause 11.1.

5.10 The minimum number of hours per month in Article 5.6 and 5.7 above may be reduced when

the Head Technician or Assistant Head Technician is laid off under the terms of Article 16.6.

5.11 Artscape shall not terminate the Head Technician or Assistant Head Technician without just

cause, with the exceptions noted in Clauses 5.5 and Article 16.

5.12 The Head Technician or Assistant Head Technician may take vacation leave, without pay,

scheduled by mutual agreement in accordance with Artscape's operating needs. Artscape must approve

all requests for vacation leave and shall not unreasonably refuse vacation leave. Any vacation leave will

reduce the minimum number of hours per month proportionately during that period.

Article 6.0 Casual Stage Employees

6.1 The Union agrees to supply competent Casual Stage Employees with professional capabilities, in

numbers, and for such times as required by Artscape. Competence will be determined by Artscape after

consultation with the Technical Director and the Union.

6.2 The Union agrees to supply the same Casual Stage Employees for all rehearsals and/or

performance calls for any given performance/event. Substitutes by the Union for any such calls shall be

made only in the case of illness, injury or bereavement, or by mutual consent of Artscape and the Union.

6.3 The Union agrees to make the best efforts to supply the same Casual Stage Employees for all

set-up calls for any given production/event.

Article 7.0 Non-Departmental

7.1 Stage Employees employed under this Agreement shall work, as directed by Artscape

management, without regard to department, classification, or jurisdiction.

Article 8.0 Stage Management


8.1 The Union accepts that Stage Managers and their assistants/apprentices have responsibility for

all stage properties, which shall include furniture. Notwithstanding the foregoing, Stage Employees may

be required to handle props and furniture as directed by Artscape.

Article 9.0 Minimum Stage Crews

9.1 Whenever Stage Employees are required for work under the scope of this Agreement, minimum

stage crew shall be defined as one (1) Stage Employee. Artscape shall have sole discretion to determine

when Stage Employees beyond the minimum are required, and have sole discretion to determine the

number of Stage Employees to be assigned.

Article 10.0 Hours of Work

10.1 The minimum call for all Stage Employees inside a single workday shall be four (4) hours.

10.2 A meal break of one (1) hour, at minimum, without pay, shall be given to Stage Employees after

not less than three (3) hours and not more than five (5) hours of work. If such meal break is infringed

upon, such that there is not a one (1) hour meal break, but a one-half (1/2) hour free from work, this

time is unpaid but the Stage Employee can opt for either a meal to be provided by Artscape or a $ 15 credit. If less than one-half (1/2) hour is free from work, the meal break will be paid and the Stage

Employee can opt for either a meal provided by Artscape or a $ 15 credit.

10.3 There shall be a fifteen (15) minute paid break within each four (4) hour call, or a twenty (20) minute paid break within each five (5) hour call.

10.4 Should Artscape wish, or find it necessary, to cancel a scheduled work call, or rehearsal or event

(other than a morning event, see Clause 10.5), notice of such cancellation shall be given to the Business

Agent or designated representative of the Union no later than eighteen (18) hours prior to the call.

Failing the giving of such notice in accordance herewith, the Stage Employee(s) called shall be paid the

minimum of four (4) hours at the regular hourly rate. If the cancellation is caused by force majeure

including, but not limited to natural phenomenon, performer illness, power failures, strike or work

stoppage, and other like unforeseeable emergencies and the Stage Employee(s) is (are) notified prior to

reporting for work, no payment shall be required.

10.5 Should Artscape wish, or find it necessary, to cancel a scheduled morning event, cancellation

shall be given to the Business Agent or designated representative of the Union no later than 3:00 p.m.

the day prior to the call. Failing the giving of such notice in accordance herewith, the Stage Employee(s)

called shall be paid the minimum of four (4) hours at the regular hourly rate. If the cancellation is

caused by force majeure including, but not limited to natural phenomena, performer illness, power

failures, strike or work stoppage, and other like unforeseeable emergencies and the Stage Employee(s)

is (are) notified prior to reporting for work, no payment shall be required.

10.6 All work performed by Stage Employees between the hours of 8:00 AM and 1:00 AM, shall be

paid at the Stage Employee's regular hourly rate except as provided below:

Artscape - IATSE Agreement

FINAL 9 September-25-15

A. Stage Employees will be compensated at the rate of one and one-half (1.5) times his/her regular

hourly rate for work performed between the hours of 8:00 AM and 1:00 AM in excess of nine (9) hours

per day excluding performance/event time.

B. Stage Employees will be compensated at the rate of one and one-half (1.5) times his/her regular

hourly rate for work performed between the hours of 1:00 AM and 8:00 AM.

C. Stage Employees will be compensated at the rate of one and one-half (1.5) times his/her regular

hourly rate for work performed in excess of forty-four (44) hours in a week.

D. Stage Employees will be compensated at the rate of two (2) times his/her regular hourly rate for

work performed on the seventh consecutive day of work.

E. A break of a minimum of eleven (11) hours shall be given to each Stage Employee between the

conclusion of a day's work and the call to work the next day. Failing this minimum break, each Stage

Employee shall be paid one and one-half (1.5) times the straight time hourly rate for all hours worked

until an eleven (11) hour break is given. In all circumstances a Stage Employee will have a minimum of

eight (8) hours free from performing work in each day. ·

10.7 Stage Employees may be required by Artscape to work a maximum of 60 hours per week, as

approved by the Ontario Ministry of Labour, subject to the terms and conditions of this Agreement. The

Union agrees to provide its consent and support as required to renew the permit for excess weekly

hours of work with the Ontario Ministry of Labour, if requested.

10.8 There shall be no pyramiding of overtime compensation, meaning that more than one provision

for overtime payment cannot be applied to a single call or period of work. The highest applicable single

overtime rate shall prevail.

Article 11.0 Wages and Payroll

11.1 Artscape agrees to pay Stage Employees the following:

Rates of Pay Straight Time Hourly Rate:

July 1, 2015 July 1, 2016 July 1, 2017 Hourly Rate Hourly Rate Hourly Rate

Head Technician $ 21.00 $ 21.42 $ 21.85

Assistant Head $ 20.50 $ 20.91 $ 21.33 Technician

Casual Stage $ 20.00 $ 20.40 $ 20.81 Employees

For the instances referred to in Article 18.4, Commercial Rates of Pay Straight Time Hourly Rate:


July 1, 2015 July 1, 2016 July 1, 2017 Hourly Rate Hourly Rate Hourly Rate

Head Technician $ 47.00 $ 48.00 $ 49.00 Assistant Head $ 46.00 $ 47.00 $ 48.00 Technician

Casual Stage $ 45.00 $ 46.00 $ 47.00 Employees

11.2 For payroll purposes, time worked shall be computed to the next half hour.

11.3 All wages shall be paid in Canadian currency and shall be subject to all applicable federal and

provincial statutory deductions, including income tax, E.I. and C.P.P.

11.4 Stage Employees shall be paid semi-monthly in arrears, on the 15th and final day of each month.

Stage Employees will not be paid on this schedule if time sheets have not been submitted in a timely

manner and according to Artscape policy.

11.5 Casual Stage Employees whose names, payroll information, and hours of work during the pay

period have not been submitted to Artscape in time for payroll processing shall be paid on the payday of

the next pay period, provided this information has been submitted according to Artscape policy prior to

the deadline for the following pay period.

11.6 The Head Technician and Assistant Head Technician will be paid by direct deposit and Casual

Stage Employees will be paid by individual cheques delivered semi-monthly to the Union business office.

11.7 Each Stage Employee will be paid Vacation Pay at the rate of four percent (4%) of wages earned.

Artscape agrees to make the above payments to "IATSE Local 58 Vacation Pay Trust Fund" in connection

with vacation pay for Stage Employees: an amount equal to four percent (4%) of wages earned. The

foregoing amount shall be calculated semi-monthly in arrears and remitted quarterly not later than the

15th of the month for the previous calendar quarter to the "IATSE Local 58 Vacation Pay Trust Fund" for

credit to the account of each Stage Employee.

Article 12.0 Benefits

12.1 Artscape shall deduct from each pay of each Stage Employee, Union dues in an amount notified

by the Union from time to time. Artscape shall remit such dues to the Union as directed by the Union.

12.2 Artscape shall contribute two percent (2%) of gross wages earned by Stage Employees to the

"IATSE Local 58 Health and Welfare Trust". This amount will increase to three percent (3%) as of July 1,

2016 and four percent (4%) as of July 1, 2017. The foregoing amounts shall be calculated semi-monthly

in arrears and remitted quarterly not later than the 15th of the month for the previous calendar quarter

to the "IATSE Local 58 Health and Welfare Trust''.

12.3 Artscape shall contribute 1 percent (1%) of wages earned for all eligible Stage Employees (the

Artscape RSP Contribution) to the Retirement Savings Plan of IATSE Local 58 and shall deduct from each

Stage Employee who is a member of the Union and a member of the retirement savings plan, 1 percent

Artscape- lATSE Agreement FINAL 11 September-25-15

(1%) of their gross wage (the Stage Employee RSP Deduction). The amount of both the Artscape RSP

Contribution and the Stage Employee RSP Deduction will increase to one and one-half percent (1.5%} as

of July 1, 2016 and two percent (2%} as of July 1, 2017. The foregoing amounts shall be calculated semi

monthly in arrears and remitted quarterly not later than the 15th of the month for the previous calendar

quarter to the "IATSE Local 58 Retirement Savings Plan".

Article 13.0 Public Holidays

13.1 The following holidays shall be deemed as Public Holidays for the purposes of this Agreement:

New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, August Civic Holiday, Labour Day,

Thanksgiving Day, Christmas Day, Boxing Day.

13.2 Public Holidays shall be deemed to commence on 00:01 a.m. the day of the Public Holiday and

terminate at midnight of the Public Holiday.

13.3 Public Holiday Pay will be paid in accordance with the Ontario Employment Standards Act, 2000

(as amended).

Article 14.0 Bereavement and other Leaves

14.1 The Head Technician and Assistant Head Technician are each entitled to up to three (3)

bereavement days with pay in the event of the death of the Employee's child, partner or spouse, parent,

sibling, parent-in-law or sibling-in-law, or grandparent, commencing with the date of the bereavement

and ending with the date of the funeral. The Head Technician or Assistant Head Technician shall be

compensated for actual work missed to a maximum of eight (8) regular hours per day for any of the

three (3) days that were scheduled work days

14.2 Leave of Absence shall mean an absence from work requested by the Head Technician or

Assistant Head Technician in writing and consented to by Artscape in writing, and that written

confirmation will include the requested duration of the leave. Any such leave shall be without pay or

any other form of compensation. The granting of any such leave will be at the sole discretion of

Artscape.

Article 15.0 Health and Safety

15.1 Artscape, the Union and all Stage Employees agree to comply with their obligations under the

Occupational Health and Safety Act, R.S.O. 1990, c. 0.1 (as amended).

15.2 The Head Technician shall serve on Artscape's Joint Health and Safety Committee (JHSC).

Artscape - IATSE Agreement FINAL 12 Septernber-25-15

15.3 All Casual Stage Employees supplied by the Union shall provide proof of completed training in

W.H.M.I.S. (Workplace Hazardous Materials Information System) and any other instruction as required

under applicable law, training to be provided by the Union.

15.4 All Casual Stage Employees supplied by the Union shall provide proof of Fall Protection Training

that meets the working at heights training requirements as prescribed by the Occupational Health and

Safety Act R.S.O. 1990, including, but not limited to the following regulations to the Act, 0. Reg. 213/91

Construction Projects, 0. Reg. 297/13 Occupational Health and Safety Awareness and Training, 0. Reg

253/14 Working at Heights Training - Construction Projects.

15.5 All Casual Stage Employees supplied by the Union shall provide proof of Health and Safety

Awareness Training under Ontario's Occupational Health and Safety Act. All Stage Employees shall

inform the management of Artscape immediately of any workplace hazard or potential or actual

violation of any safety procedures in connection with work performed under this Agreement.

15.6 The use of cellular phones, personal digital assistant devices and laptops during working hours is

prohibited, with the exception of work or business-related communication.

15.7 The Business Agent of the Union, or Union representative is to be admitted into the areas

covered by this Agreement at all reasonable times, when Union members are working, to supervise the

working conditions which apply to the terms of this Agreement, and/or to ensure that the Union's

jurisdiction is not infringed upon. At no time shall meetings be held with Stage Employees during

working hours.

Article 16.0 Termination of Employment

16.1 Artscape may terminate the employment of a Stage Employee for just cause, at Artscape's sole

discretion. Artscape shall inform such Stage Employee of the reason at the time of termination, and

shall notify the Union of the termination and its reason, within one business day of termination.

16.2 Termination of Stage Employees shall observe the conditions of and ensuing responsibilities as

set forth in the Ontario Employment Standards Act, 2000 (as amended).

16.3 The Head Technician or Assistant Head Technician may be terminated during the probationary

period at the sole discretion of Artscape. Termination during the probationary period (see Article 5.5)

shall not be the subject of a Grievance under Article 22 of this Agreement.

16.4 It is agreed that Artscape may lay off or terminate any Stage Employee by giving notice, or pay in

lieu, in accordance with the Ontario Employment Standards Act, 2000 (as amended). This clause shall

not apply to a technician terminated for reasonable cause, including but not limited to, theft,

dishonesty, harassment and/or intoxication in the workplace (drugs or alcohol) or other inappropriate

behaviour or gross misconduct, in which case no notice shall be necessary.

16.5 It is agreed that when the Head Technician or Assistant Head Technician desires to leave the

employ of Artscape, he/she shall give at least two (2) weeks' notice in writing to Artscape.


16.6 Artscape may lay off Stage Employees without compensation under the following

circumstances:

A. During weeks when programming is disrupted due to renovations, construction, relocation, or

any other Artscape-initiated activity that disrupts the ability to program. Where programming is

disrupted due to an Artscape-initiated activity, Artscape will make best efforts to inform the Union and

the affected Stage Employees with not less than thirty (30) days' notice in writing.

B. During any weeks when programming is disrupted as a result of circumstances beyond the

control of Artscape. Without limiting the generality of the foregoing, this includes: disruption to services

required to operate the building, (e.g. loss of electrical or plumbing service); loss of access to the

premises; cancellation of a production or performances or event due to death, illness, injury or labour

unrest. In such case, notice will not be required.

Article 17 .0 Tools

17.1 Each Stage Employee shall be responsible for supplying the minimum tool kit required by the

Union for its membership, in order to perform the work for which he/she is employed. These include,

but are not limited to: steel-toed work shoes/boots, hard hat and appropriate hand tools. The Stage

Employee's clothing should be clean and professional. All tools shall be in the Stage Employee's

possession and in good condition each time he/she reports for work. Failure to do so may cause

Artscape to replace the Stage Employee without remuneration.

Article 18.0 Performance Recording

18.1 Any television, videotape, audio recording, motion picture making, or photography, done for the

purposes of promotional publicity, fundraising, archival or other non-commercial purposes for Artscape

or any user of any venue wherein the Stage Employees are working at that time, may be done without

restriction or additional cost.

18.2 Any archival recording of any event for Artscape or for any user of the venue wherein the Stage

Employees are working at that time, may be done without restriction or additional cost.

18.3 In the event that any performance/event is recorded for the purpose of but not limited to:

commercial television or radio broadcast, commercial DVD recording, commercial CD recording, pay

per-view live streaming or recording for cinematic distribution, then a premium of 50% the prevailing

rate shall apply for the hours worked on the performance/event.

18.4 In the event that Artscape receives direct remuneration, in addition to the regular venue rental

fees, for events that are for the sole purpose of creating a commercial recording, then the hourly

Commercial Recording Rate, as outlined in Article 11.1, shall apply.

18.S Artscape requires permission from the Stage Employee to use that Stage Employee's

recognizable image in any promotional or recorded material.

Artscape - lATSE Agreement FINAL 14- September-25-15

18.6 In acknowledgement of frequent use of handheld cameras by members of the public and of

performing artists, it is acknowledged by both parties that virtually all performers and patrons have

personal caml:!ras, and monitoring the taking of personal photos is impossible. Personal, non

commercial photography, whether by Artscape, patrons or performers will be permitted in all areas of

Daniels Spectrum, including backstage and onstage. Posting on "social networking" sites such as

Facebook, Twitter, Flickr, biogs and the like, does not constitute "publishing" or "broadcasting'' for the

purposes of this Agreement.

Article 19.0 Harassment/Non-Discrimination/Workplace Violence

19.1 Every Stage Employee is entitled to be treated with dignity, free from Discrimination,

Harassment and Workplace Violence, based on the protected grounds as prescribed by law. This policy

applies to all persons and all activities on Artscape's premises, including behaviour both by and towards

employees, clients and members of the public.

19.2 Discrimination consists of unwelcome conduct, whether verbal, physical or visual, that is based

upon grounds protected in human rights legislation including, without limitation, sex, colour, race,

ancestry, place of origin, ethnic origin, religion, citizenship, creed, age, sexual orientation, gender

identity, record of offenses, marital status, family status or handicap. Prohibited conduct that interferes

unreasonably with an individual's work performance, or that creates an intimidating, hostile or offensive

working environment may include, but is not limited to:

Epithets, racial stories or jokes, slurs, negative stereotyping, or intimidating acts that involve a

prohibited ground of discrimination; and

Written or graphic material circulated within or posted within the workplace that shows hostility

toward a person or persons based on a prohibited ground of discrimination.

19.3 Harassment is defined in the Ontario Human Rights Code as meaning, "engaging in a course of

vexatious comment or conduct that is known, or ought reasonably to be known, to be unwelcome."

Vexatious is defined as "distressing" or "annoying". Harassment may include comments or conduct in

the areas described in Discrimination above, by a supervisor or co-worker towards another employee

that is intimidating, annoying, hurtful or malicious. Harassment also includes Sexual Harassment, which

is any sexually-oriented practice or behaviour that endangers an individual's continued employment,

negative affects his or her work performance, or undermines his or her sense of personal dignity. Sexual

harassment includes conduct that is known, or ought reasonably to be known to be unwelcome or to

cause insecurity, discomfort, offence or humiliation.

19.4 Workplace Violence is defined as the exercise of physical force, or an attempt to exercise

physical force, by a person against a worker, in a workplace, that causes or could cause physical injury to

the worker, or a statement or behaviour that it is reasonable for a worker to interpret as a threat to

exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

Article 20.0 Program Credits


20.1 When possible, if and when appropriate, the statement: "The stage technicians working at

Daniels Spectrum are represented by IATSE 58" will be included in print materials under the control of

Artscape relating to events at Daniels Spectrum, and the Head Technician and Assistant Head Technician

will be included on all published Artscape staff lists.

Article 21.0 Strike and Lockout

21.1 The Union shall not cause, engage in or permit its members to cause any strike against Artscape

during the term of this Agreement, nor shall Artscape cause, engage in or permit a lock-out during the

term of this Agreement.

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

given to those words in the Ontario Labour Relations Act, 1995, S.O. 1995, c.1, Sched. A.

Article 22.0 Grievance

22.1 A Stage Employee who has a complaint relating to the interpretation, application,

administration, or alleged violation of this Agreement, must file a complaint with the Technical Director,

or his/her designate at the same time a grievance is filed with the Union. It is agreed that a grievance

shall not be filed until one party has first given the other party the opportunity to address the complaint

or dispute relating solely to this Agreement. This shall be done by raising the complaint or dispute orally

with the immediate supervisor of the employee if it is an employee's issue or by the Union and/or

Artscape raising their dispute orally with the party's opposite representative.

22.2 Artscape shall be under no obligation to consider or process a grievance unless it has been

presented to the Technical Director or his/her designate in writing within fifteen (15) business days from

the time that the circumstances giving rise to the grievance were known or should have been known.

The written grievance shall set out the facts giving rise to the grievance and the remedy sought.

22.3 A meeting with the Griever, the Union, and the Technical Director, and/or his/her designate,

may be arranged at a mutually convenient time and location to discuss the grievance within fifteen (15}

business days from the date the grievance is received by the Technical Director or his/her designate.

Artscape shall respond to the grievance in writing fifteen (15} business days following the date of this

meeting.

22.4 Time limits in the grievance procedure may be extended by mutual agreement in writing

between Artscape and the Union.

22.5 Where the parties fail to resolve the grievance through the grievance procedure, either party

may notify the other party in writing of its desire to submit the grievance to arbitration. The parties

shall endeavour to agree upon the sole arbitrator within thirty {30} business days of the circumstances

giving rise to the grievance being known. If an agreement on the appointment of an arbitrator is not Artscape - IATSE Agreement FINAL 16 September-25-15

reached, either party can request an appointment by the Ministry of Labour in accordance with the

Ontario Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A.

22.6 The arbitrator shall hear and determine the grievance and shall issue a decision. The decision of

the arbitrator is final and binding upon the parties and upon any Stage Employee affected by the

grievance.

22.7 The fees and expenses ofthe arbitrator shall be shared equally by the Union and Artscape.

22.8 The arbitrator shall have no authority to alter, amend or modify this Agreement, nor to make

any decision inconsistent with the provisions of this Agreement.

Article 23.0 Renewal of Contract

23.1 Within the period of three (3) months prior to the expiry date of this Agreement, either party

may, on ten (10) days written notice, require the other party to enter into negotiations for the renewal

of this Agreement, and both parties shall thereupon enter into such negotiations in good faith and make

every reasonable effort to secure such renewal.

23.2 If neither party gives notice of termination, nor of a desire to negotiate a new Agreement as

above, this Agreement shall be automatically renewed for a further period of one (1) year and from year

to year thereafter.

Article 24.0 Effective Date and Du ration

This Agreement constitutes the entire Agreement between the Parties. It shall be in force and binding

from th~ dav of -oc., 1'" 2015 until the 18 rt-,, day of OG,:T"' 2018.

'" /A'J IN WITNESS WHEREOF the parties hereto have caused Agreement to be executed by their duly

authorized representatives this b --n- day of Oe,,"'(' 20 I c;;_ at the City of

Toronto, in the Province of Ontario.

TORONTO ARTSCAPE INC.

nm Jones, CEO A~ '-=~~

Celia Smith, President

Artscape - IATSE Agreement FINAL 17

THE INTERNATIONAL ALLIANCE OF THEATRICAL

STAGE EMPLOYEES, MOVING PICTURE

TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF

THE UNITED STATES, ITS TERRITORIES AND

CANADA, LOCAL #58

Nelson Robinson, Business Agent

September-25-15

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