MASTER AGREEMENT
between
LOCAL 234-486 AMERICAN FEDERATION OF MUSICIANS
and the
NEW HAVEN SYMPHONY ORCHESTRA, INCORPORATED
Commencement Date: June 1, 2008
Expiration Date: May 31, 2010
PURPOSE
ARTICLE I - RECOGNITION
ARTICLE II - TERM
ARTICLE III - UNION SECURITY AND OBLIGATIONS
1. UNION SECURITY AND OBLIGATIONS
2. CHECK-OFF
ARTICLE IV – SERVICES
1. SERVICE
2. LENGTH
c. Check-Up Rehearsals
3. OVERTIME
4. INTERMISSIONS / BREAKS
5. SEATING TIME
6. DOUBLE SERVICES
7. NUMBER OF SERVICES
8. HOLIDAYS
ARTICLE V – ENGAGEMENT OF MUSICIANS
1. INDIVIDUAL SYMPHONY SERIES CONTRACTS
2. NOTICE
3. PRIORITY OF EMPLOYMENT
4. PERMITTED ABSENCES
5. LEAVE OF ABSENCE
6. MATERNITY LEAVE
7. ILLNESS OR DEATH IN FAMILY
8. CANCELLATION
ARTICLE VI - SCALE WAGES
1. WAGES
2. TITLE CHAIR MUSICIANS
3. DOUBLING
4. OVERTIME
5. ENSEMBLES
6. SOLOISTS
7. TRAVEL PAY
8. TOUR and RUN-OUT PROVISIONS
9. RAIN DATES
10. PAYCHECKS
11. LATENESS
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ARTICLE VII – EDUCATIONAL SERVICES
1. EDUCATIONAL CONCERTS
2. INSTRUCTIONAL SERVICES
3. SIDE-BY-SIDE
ARTICLE VIII – WORKING CONDITIONS
1. NO SMOKING
2. TEMPERATURE
3. SUN
ARTICLE IX – DRESS
ARTICLE X – ELECTRONIC MEDIA
ARTICLE XI – AUDITIONS
1. VACANCIES
2. CONDUCTING AUDITIONS
3. AUDITION COMMITTEE
3. AUDITION PROCEDURE
4. APPOINTMENTS
ARTICLE XII – PROBATION, TENURE
ARTICLE XIII – APPEALS COMMITTEE
ARTICLE XIV – PARTICIPATION IN GOVERNANCE
1. SEARCH COMMITTEE
2. BOARD COMMITTEES
3. ATTENDANCE AT DIRECTORS MEETINGS
ARTICLE XV– GRIEVANCES and ARBITRATION
ARTICLE XVI - NO STRIKE - NO LOCKOUT
ARTICLE XVII- MISCELLANEOUS
1. MUSIC DIRECTOR
2. COPY OF THIS AGREEMENT
3. AVAILABILITY of SUITABLE PLACE
4. USE OF NEW HAVEN SYMPHONY NAME
SIGNATURES
SIDE LETTER for ROSTER
SIDE LETTER for Principal / Assistant Principals since 1990-1991
SIDE LETTER for Drug and Alcohol Policy
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This agreement, effective June 1, 2008, by and between the New Haven Symphony Orchestra,
Incorporated (hereinafter “Management”), its successors and assigners, and Local 234-486
(hereinafter “Local”) of the American Federation of Musicians (hereinafter “AFM”).
PURPOSE: Management and Local each agree and represent that the purpose and intent of this
Master Agreement is to promote cooperation and harmony, to recognize mutual interests, and to
formulate and fix provisions governing the relationship between Management and Local.
ARTICLE I - RECOGNITION
Management recognizes the Local as the sole and exclusive collective bargaining agent for all
musicians employed by Management for the purpose of establishing and maintaining wages and
terms and conditions of employment.
Management further recognizes a committee of musicians (hereinafter “Orchestra Committee”) who
shall assist the Local in the negotiation, enforcement and administration of this Agreement. The
Orchestra Committee shall be elected by the musicians by their own procedure.
ARTICLE II - TERM
This Agreement shall be in full force and effect from June 1, 2008 through May 31, 2010. A season shall
be defined as the period from June 1 through and including May 31 the following year.
ARTICLE III - UNION SECURITY AND OBLIGATIONS
1. UNION SECURITY: As a condition of employment, all musicians covered by this Agreement
who are members of the Local on the execution date of this Agreement shall maintain their
membership in the Local in good standing, and those who are not members shall, no later than the
31st day following the date of execution of this Agreement, become a member of the Local and
maintain such membership in good standing.
A further condition of employment shall be that all musicians hired after the execution of this
Agreement shall, no later than the 31st day after the commencement of their employment, become
members of the Local and maintain such membership in good standing. Maintenance of
membership in good standing shall be interpreted to include the proper payment of the
Local/AFM initiation fees, membership dues, work dues, and orchestra committee dues uniformly
required of the musicians.
2. CHECK-OFF: Pursuant to a Voluntary Dues Check-Off Authorization Form, Management agrees
to deduct from the wages of each Musician work dues, membership dues, orchestra committee dues,
and initiation fees, in such amounts as are uniformly required by the Local and/or the AFM of its
members. The Voluntary Dues Check-Off Authorization shall be irrevocable for a period of one (1)
year or until the expiration of the then current Agreement, whichever occurs sooner. This
authorization shall automatically renew itself and be irrevocable for successive annual periods unless
the employee gives written notice to the Local and Management within fifteen (15) days of the
expiration of the annual period or the termination date of this Agreement. Management shall remit
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to the Local all monies deducted along with an itemization, by name and amount, of those Musicians
for whom deductions have been made, no later than the fifteenth day of the month following the
month in which the service(s) were performed.
ARTICLE IV – SERVICES
1. SERVICE: A service shall be defined as a unit of work upon which wages are based. Each
rehearsal and each performance shall be considered one service, respectively.
2. LENGTH:
a) The standard length of a service shall be 2½ hours in duration. A service which exceeds 2½
hours in duration shall be subject to overtime, with the following exceptions:
i.
Young People’s Concerts and Family Concerts shall consist of 2 performances, each
no more than 75 minutes in length, separated by an intermission of at least 30 minutes, in a
span of no more than 3 hours, and shall constitute one service. On site outreach activities
(including, but not limited to instrument petting zoos, mini-coachings, meet & greets, and
chamber music or similar activities) may be substituted for one of the above Education
performances, in which case the break shall be abbreviated to no less than ten minutes,
while conforming to all other time limits specified above.
ii. Rescheduled rehearsal time due to weather cancellations: See Article V, 8c, iv.
iii. Staged Opera Performances: Staged opera performances may be 3 hours in length, with the
last ½ hour paid at straight time. Any time beyond 3 hours shall be subject to overtime. A
concert version of an opera shall not exceed 2 ½ hours without being subject to overtime.
iv. For any Shubert Winter Pops concert which has only one rehearsal, that rehearsal shall be
three hours in length, paid at straight time. At Management’s sole discretion, for any
other concert which has only one rehearsal, that rehearsal may be three hours in length,
paid at straight time.
b) No service shall exceed 3 ½ hours, except:
i. By mutual agreement between the parties, based upon repertoire. Such agreement shall not be
unreasonably withheld.
ii. Rehearsals rescheduled due to weather cancellation may be up to 4 hours long: See Article V,
Section 8.c), iv.
c) Check-up rehearsals or sound checks may be held on the day of a performance. Any checkup rehearsal or sound check will be scheduled at the time contracts for the service are issued,
or no later than 3 weeks in advance of the service date.
i. Check-up rehearsals: 60, 75, or 90 minutes of rehearsal time, which shall be paid at 1¼
times an individual musician's service rate as follows:
--for 60 minutes: 4 quarter-hour increments
--for 75 minutes: 5 quarter-hour increments
--for 90 minutes: 6 quarter-hour increments
A check-up rehearsal may only be called for a repeat performance. Check-up rehearsals
shall begin no earlier than 3 hours before a concert and shall end no later than one-half
hour before a concert. If a check-up rehearsal occurs during meal hours, Management
will either provide a reasonable meal or furnish a meal allowance, as provided for under
Article VI, 8. c) and d).
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ii. Sound checks: up to 30 minutes of sound check, which shall be paid at 1¼ times an
individual musician's service rate as follows:
--for 30 minutes: 3 quarter-hour increments
A sound check shall begin no earlier than 1 hour before a concert and shall end no later
than 30 minutes before a concert.
3. OVERTIME: Any encroachment of time beyond the service limitations set forth above shall be
considered overtime and compensated as set forth in Article VI, Section 4. Musicians shall hold
themselves available and shall remain at the request of the conductor for overtime work of up to one
hour after the scheduled ending time of the last 3 regularly scheduled Symphony Series rehearsals in
each set and one half hour for the regularly scheduled Young People’s rehearsals.
4. INTERMISSIONS / BREAKS: During each service which does not exceed 2½ hours, there shall be
a 15-minute break. When a service exceeds 2½ hours but does not exceed 3 hours, there shall be
either two 10-minute breaks or one 20-minute break. For each additional half-hour of rehearsal
overtime beyond 3 hours, there shall be a 5-minute break. A break must begin not later than 1½
hours after the scheduled start time of the service and additional breaks shall be reasonably spaced.
At no time shall the musicians be required to play or sit for longer than 90 minutes without a break.
5. SEATING TIME: Musicians shall be in the house 15 minutes before the service starting time,
onstage 5 minutes prior to start, and seated with their instrument(s) tuned and ready to play at the
scheduled service starting time.
6. DOUBLE SERVICES:
a) For any double service, there shall be an interval of not less than 2 nor more than 8 hours
between services.
b) For double services presented by Management:
i. Management shall not schedule daytime services from Monday to Thursday (with the
exception of ensembles, Young People’s Concerts, Family, and Pops).
ii. Management shall not schedule more than 1 double service per week (excluding ensembles).
iii. For any proposed Symphony Series double service, the schedule and repertoire shall be
submitted to the Orchestra Committee for discussion prior to the final schedule.
c) When the orchestra is hired by an outside presenter, double services may be scheduled as necessary.
7. NUMBER OF SERVICES:
Management guarantees a minimum of the following services per year.
a) 35 services for each of the 70 contracted musicians:
7 Symphony Series concerts
4 rehearsals each
b) 18 additional services for 50 musicians.
c) If any of these services does not take place within their given season, and if no replacement
work is secured, Management agrees to pay the musicians for such service. Such payment
shall be made within the first two months of the season following that in which the service
was cancelled.
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8. HOLIDAYS: There shall be no rehearsal on legal or major religious holidays except when an
extra rehearsal is necessary and unavoidable, in which case compensation shall be at 1½ times the
regular rehearsal rates.
"Major religious holidays" shall be CHRISTMAS, EASTER, GOOD FRIDAY, YOM KIPPUR
and its preceding night, the first night and day of ROSH HASHANAH (New Year) and the first
night and day of PASSOVER.
"Legal holidays" shall be THANKSGIVING DAY and NEW YEAR'S DAY.
9. EVENINGS: Management acknowledges that weekday daytime rehearsals are not desirable.
ARTICLE V – ENGAGEMENT OF MUSICIANS
1. INDIVIDUAL SYMPHONY SERIES CONTRACTS: Musicians shall be engaged annually by an
individual contract. Such individual contracts shall be mailed by certified mail, return receipt
requested, to each Member of the Orchestra not later than June 1, and to new members hired after
June 1, at the time they are hired. Each individual contract shall be accompanied by a schedule
listing dates and times of the Symphony Series services and an availability form listing all other
services for which a date is then known. Each musician shall sign and return one copy of the
individual contract no later than 30 days after it has been received, indicating the services for which
they are available. Failure by any musician to sign and return such contract by the deadline set forth
above shall constitute voluntary resignation from the Orchestra. Prior to acceptance of such
resignation, Management shall contact the Local in an effort to locate any musician failing to return
the individual contract by the deadline. Once a musician has contracted for service, withdrawal is
permitted only in accordance with Article V, Section 4 or Article V, Section 7. No Member of the
Orchestra shall be required to play any concert or rehearsal outside the Symphony Series unless s/he
has agreed to do so pursuant to the Agreement.
SUMMER SERVICES SCHEDULE: A tentative schedule of services for summer concerts and
rehearsals shall be distributed to all members of the Orchestra by April 15 of each orchestra year,
with the final summer schedule being distributed on or before May 15 of each orchestra year.
Individual contracts shall not contain less favorable wages, terms, and conditions than this Agreement.
2. NOTICE: Notification of services other than those listed in the schedule of services shall be
given to all Members of the Orchestra at least three weeks prior to the date of service in question,
except where such advance notification is not possible, but in any event a reasonable period of
time before such service.
For any service not listed in the schedule of services, any Member of the Orchestra who has another
commitment which prevents attendance at the service shall be excused without pay, provided such
Member of the Orchestra shall notify the Personnel Manager of such commitment within 72 hours
after receiving notification of such service, except where such advance notification is not possible but
in any event a reasonable period of time before such service.
3. PRIORITY OF EMPLOYMENT: Contracted players are not obliged to do any work outside the
Symphony Series; however, contracted players will be given right of first refusal.
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a) Priority for employment for all events utilizing less than seventy (70) but forty (40) or more
musicians shall be given to Members of the Orchestra based on seniority by number of years
in the New Haven Symphony Orchestra, within each section, provided that no Member shall
be employed for such event unless the member is available for and agrees to play all the
concerts and rehearsals in the particular event for which employment is offered.
b) In the event fewer Members of the Orchestra are available than are required for the event in
question, Management may employ such other qualified musicians as are needed, to be selected
by the Music Director under the then prevailing, lawful rules of the Local and the AFM, and
pursuant to the Agreement.
c) For services of less than 40 musicians, seniority shall not apply, and musicians shall be
selected at the discretion of the Music Director.
d) For education services (excluding Young People’s Concerts) neither seniority nor music
director selection shall apply. Priority will be given to those musicians who complete and
return the education survey.
4. PERMITTED ABSENCES
Note that the conditions under a) and b) are exclusive of each other.
a) SYMPHONY SERIES - COMPLETE SETS
The contracted players are required to perform at least 50% of the Symphony Series sets.
i. A player wishing to be excused from a set must provide written notice to the Personnel
Manager 21 days before the first rehearsal of the set. Late notice may be excused subject
to the availability of a suitable substitute player and music director consent.
b) SYMPHONY SERIES - REHEARSALS: Members of the Orchestra shall be expected to
attend all scheduled rehearsals for the work that they have accepted. A Member of the
Orchestra, upon notification to the Personnel Manager in writing, not less than 72 hours prior
to the date in question, may be absent without pay from up to two scheduled rehearsals per
Symphony Series season, subject to the following:
i.
ii.
iii.
iv.
v.
vi.
the rehearsal is not a dress rehearsal;
the musician has not missed any other rehearsal in the rehearsal set;
no more than six musicians have requested to be absent for the same rehearsal;
no more than one principal and two non-principals from the string section are absent;
no more than one principal and two non-principals from all other sections are absent.
Requests will be granted on a first-come first-serve basis.
The Music Director alone shall have the authority to approve exceptions which exceed the
above conditions.
c) Substitute Musicians: Substitute Musicians are musicians hired to replace absent Contracted
Members of the Orchestra. Principals, in consultation with the Music Director, will submit a
list of Substitutes for their section, in order of hiring preference, to the Personnel Manager by
October 1 of each season. Principals are encouraged to solicit input from musicians of their
sections and from other principals regarding substitutes. The Personnel Manager will furnish
a copy to the Orchestra Committee and the Local. Where reasonably practicable, Substitutes
will be selected from Local 234-486. Principals, in consultation with the Music Director, will
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review all new Substitutes Musicians in their section and will inform the Personnel Manager
whether or not a Substitute should be re-hired for subsequent concert sets. Substitutes shall
abide by and be protected by all the provisions of this Agreement. A Substitute may play no
more than eight services without being a member of the Local.
5. LEAVE OF ABSENCE
a) A leave of absence may be taken by a Member of the Orchestra who requests the same after
playing with the orchestra for 6 consecutive seasons with the right of reinstatement pursuant to the
provisions of sub-paragraph (c), in accordance with the following provisions:
i. The request for a leave of absence shall be submitted in writing to Management no later
than March 1 of the year in which the leave is to commence.
ii. No more than one principal and two non-principals from the string sections, and no more than
one principal and two non-principals from all other sections, may take leaves simultaneously.
iii. Seniority shall govern in cases of conflicting requests.
iv. Leaves are for one season only.
Such leave of absence shall run from June 1 to May 31. A musician on leave must notify
Management by certified mail of intention to return for the next season by March 1. Failure
on the part of such musician to notify Management by March 1 shall constitute voluntary
resignation from the Orchestra.
b) Other leaves of absence for a maximum of one season may be granted at the discretion of the
Music Director to a tenured musician, upon a musician's request. Such leave of absence shall
run from June 1 to May 31. A musician on leave must notify Management by certified mail of
intention to return for the next season by March 1. Failure on the part of such musician to
notify Management by March 1 shall constitute voluntary resignation from the Orchestra.
Requests for leaves of absence for a full season shall be submitted to the Music Director prior
to May 15 of the year of commencement.
c) Management, upon hearing from said musician in accordance with sub-paragraph a or b
above, shall send to said musician a contract, certified mail, return receipt requested, for the
following season. Failure of said musician to return the signed contract to the Symphony
office for countersignature within 30 days of the date shown on the return receipt shall
constitute voluntary resignation from the Orchestra in accordance with Article V, Section 1 of
this contract.
6. MATERNITY LEAVE: The Family Medical Leave Act shall govern for leave for the care of the
employee’s child after birth, adoption or foster care.
7. ILLNESS OR DEATH IN FAMILY:
a) Illness of Orchestra Member: A tenured member of the Orchestra who misses a service or
services because of illness shall be entitled to be paid during such absences according to the
following plan:
From the date of tenure to 5th year of membership: not more than 6 services per year.
From the 6th to 10th year of membership: not more than 10 services per year.
After 10 years of membership: not more than 12 services per year.
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b) Illness of Family Member: A tenured Member of the Orchestra who misses a service because
of the serious illness of father, mother, husband, wife, domestic partner, or child, shall be paid
for one service missed per concert.
A written Doctor's report may be requested by Management for illness under sub-section (a)
or (b) of this paragraph.
c) Death in Family: A Member of the Orchestra whose spouse, domestic partner, child, or parent
dies shall be entitled to 5 days’ leave (which need not be consecutive) for funeral and like
purposes and shall be paid for services missed during such periods. Three days’ leave with
pay for services missed shall be allocated for the death of a brother or sister.
8. CANCELLATION:
a) Each Member of the Orchestra shall be paid for each scheduled accepted service even if the
service is cancelled, unless such cancellation is caused by force majeure.
b) Force Majeure: Management may cancel or reduce the number of services called for by this
Agreement and the musicians’ individual contracts in the event of material damage by fire or
otherwise to the hall or halls where concerts are presented, prevention of the continuance of
concerts by legal authority, acts of God, force majeure not within the power of the parties to
avoid, war, riot, insurrection, epidemic, or national or local calamity to the extent that such
cancellations or reduction of services is necessary as a result of the reasons above.
c) Cancellation or postponement due to weather shall be subject to the following provisions:
i. For any service for which Management provides transportation, cancellation or
postponement may not occur after the scheduled departure time of said transportation
without payment to orchestra members for the cancelled service.
ii. If no rain or snow date has been previously scheduled, four hours’ advance notice to players is
required for cancellation or postponement; the service may then be rescheduled. Musicians
who are scheduled will be paid for the postponed service whether or not the performance
actually occurs on the rain or snow date.
iii. If no rain or snow date has been previously scheduled, three hours’ advance notice to players is
required for cancellation or postponement; the service may then be rescheduled.
iv. Rescheduled rehearsal time is subject to the conditions below, and may be added to the
remaining services in the rehearsal set in no less than ½ hour increments, to be paid at
straight time.
a. Evening services will neither start prior to 7:00 pm nor end later than 11:00 pm
b. Afternoon services will neither start prior to 12:00 noon nor end later than 6:00 pm.
c. No service with rescheduled time may exceed 4 hours in length.
d. A dress rehearsal on the day of the concert must be no longer than 3 hours, and the 2hour break between services must be respected.
e. Postponement and rescheduling will be discussed in advance with the Personnel
Manager, the Union Steward, and the Operations Manager.
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ARTICLE VI - SCALE WAGES
1.
WAGES: The following minimum compensation shall be paid to musicians for each service:
Section
Assistant Principal
Principal
2008-2009
2009-2010
$ 97.00
$ 99.00
20% above section *
35% above section **
* / ** : See side letter for list of musicians qualifying for alternate premiums.
2. TITLE CHAIR MUSICIANS:
a) Any musician who substitutes for a Principal or Assistant Principal shall be paid 35% or 20%
above Section respectively.
b) In all sections it shall be the duty of the Assistant Principal to perform the duties of the
Principal when necessary and if directed by the Music Director to do so.
c) Titular wages shall not be paid to more than one musician for the same position in any service.
d) In the event of illness to a titular musician, no titular wages shall be paid to that musician.
e) The first harp and first piano shall receive Principal Pay.
f) The second and fourth horn, and the bass trombone, shall receive Assistant Principal pay.
3. DOUBLING: Musicians who perform on more than one instrument in any service shall be paid
an additional 25% of their individual service rate for the first instrument doubled, and an
additional 10% for each subsequent double.
a) The following are not doubles:
A and B-flat clarinet
C and B-flat trumpet
b) For percussion, a combination of any of the following categories is a double:
Trap set (drum kit)
Timpani
Latin (congas, bongos, timbales)
Mallets and Battery
4. OVERTIME shall be paid at 1½ times an individual musician’s service rate, in quarter-hour increments.
5. ENSEMBLES: Ensembles are groups of 16 or fewer musicians, selected from the contracted
musicians by the Music Director, to be paid the section rate per hour with a 2-hour minimum.
6. SOLOISTS: Any musician who performs in front of the orchestra in a true solo role will be paid
(in addition to their individual service rate) as follows:
Symphony Series concert:
$450 for an initial performance / $225 repeat
Non-SS concert:
$450 initial performance / $225 repeat
7. CARTAGE: Any musician who is required to transport a cartage instrument to and from a
service shall be paid as follows:
--Harp or drum set: $30 per transport
--Amplifier: $25 per transport
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--Contra doubling bassoon: $10 per transport
The maximum number of cartage payments shall not exceed the number of days in a series.
Cartage shall not be paid for any day on which a musician does not transport their instrument.
8. TRAVEL PAY: All musicians who are asked to work in a venue more than 15 miles’ drive from
their home will be paid 25 cents per mile beyond the first 15 miles each way, capped at a maximum
payment of $25 per day. There is no travel payment for work scheduled 15 miles or less from the
musician’s home.
9. TOUR and RUN-OUT PROVISIONS:
a) Management will provide a bus, at no additional cost to the musicians, for any out-of-state
service. Any musician who rides the bus shall not receive travel pay for that service.
b) Meal times range as follows:
Breakfast 8:00 – 9:30 am
Lunch
12pm – 1:30 pm
Dinner
5:00 – 6:30 pm
Except by prior agreement, Management-sponsored transportation must stop for a meal
between these hours. A reasonable time will be allowed for meals.
c) If meal times are occupied by Management-sponsored transportation, Management will either
provide a reasonable meal or furnish a meal allowance as follows:
Breakfast $ 6
Lunch
$8
Dinner
$ 12
d) Any musician may opt for a meal allowance in place of a meal provided by Management,
provided that they notify Management at least 72 hours before the service.
10. RAIN DATES: When musicians are required to reserve a weather date, such musicians shall be
paid (in addition to their compensation for the original service) 35% of section pay.
11. PAYCHECKS: For purposes of payroll, the work week shall run from Monday through Sunday.
Paychecks for any concert series will be available on the Friday following the work week in
which the last service of the series takes place. On each Friday pay date, checks will be available
at the Symphony office from 9 am – 1 pm. Checks not picked up during that time will be mailed
to the musician’s last address on record.
12. LATENESS: Members of the Orchestra shall be docked in pay for lateness at the beginning of, or
after an orchestra break during, a service. Pay shall be docked in multiples of one-quarter (¼) hour,
computed for the next highest quarter (¼) hour for time actually late.
ARTICLE VII – EDUCATIONAL SERVICES
The following clauses do not apply to Young People’s Concerts.
1. EDUCATIONAL CONCERTS: An educational concert is defined as a performance lasting no
more than 55 minutes, except in the case of a single education performance, which may last no
longer than 60 minutes. Educational ensembles are contracted by the Education Director, not the
Personnel Manager. Educational concerts may include verbal instruction or a question and
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answer activity. However, as long as a significant period of performance is included in the event,
it is considered an educational concert.
a) PERFORMANCE RATES:
1 educational concert, within a 1-hour time period: 1.5 times the section rate, plus travel
2 educational concerts, same day, within a 2-hour time period, occurring at one organizational
location: 2 times the section rate plus travel
3 educational concerts, same day, within a 3-hour time period, occurring at one organizational
location: 2.5 times the section rate plus travel
b) REHEARSALS:
i. Rehearsals for educational concerts (up to 2 ½ hours long) are paid at the section rate and
are exclusive of program development. Program development is defined as creative
programming input that effects the overall artistic presentation in a significant way.
Payment for program development services will be negotiated on a case-by-case basis
with the Education Director.
ii. In cases where a rehearsal and one educational concert are combined into one service
lasting a total of no more than 2 ½ hours the rehearsal and concert will be paid at the rate
for 2 educational concerts. This applies only to one-time performances.
c) DOUBLING: Doubling will be paid for all educational concerts and rehearsals at the rate of
10% for the first double and 5% for all subsequent doubles. All remaining terms of Article
VI, Section 3, apply to educational engagements.
d) OVERTIME: Overtime for rehearsals and educational concerts will be paid at 1.5 times the
section rate, in 15-minute increments.
e) CANCELLATIONS: If an in-school educational service is cancelled, the service will be
rescheduled with the originally contracted musicians during the same school year or said
musicians will be compensated the contracted amount. Such compensation shall be made
within the first two months following the end of the school year in which the service was
cancelled. Educational services in venues other than public or private schools will be held to
the same cancellation policy contained in Article V, Section 8.
2. INSTRUCTIONAL SERVICES:
a) EXAMPLES: Group instruction, one-on-one instruction, instrument zoos (non-performance services).
b) RATE: First 1 ½ hour: section rate, plus travel
Each additional half hour: $20.00
3. SIDE-BY-SIDE:
a) DEFINITION: group rehearsals or concerts involving NHSO musicians performing with and
advising students in the same orchestral ensemble.
b) CONTRACTING: Side-by-side services may be contracted by the Education Director or
Personnel Manager.
c) RATE: All group rehearsals and performances for orchestral side-by-side programs will be
paid at the musician’s prevailing service rate.
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ARTICLE VIII – WORKING CONDITIONS
1. NO SMOKING: There shall be no smoking onstage or backstage before or during any service.
Management shall use best efforts to ensure that stagehands, Yale personnel and visitors
backstage adhere to this smoking prohibition.
2. TEMPERATURE: The minimum temperature for all indoor and outdoor services shall be 65
degrees Fahrenheit. Prior to cancellation of service because of inadequate temperature,
representatives from Management and the Orchestra Committee shall confer to review the
situation: failing agreement, either party may cancel if the temperature warrants.
3. SUN: Adequate cover from sun will be provided for outdoor services scheduled to begin before
7:00 pm.
ARTICLE IX – DRESS
The following dictates of taste in dress shall apply at all performances. Hair dressing and necklines
will be modest and conservative. Low necklines, bare backs or midriffs, transparent blouses,
leotards, and tight-fitting clothing are not acceptable. Ornaments (beading, sequins, or rhinestones),
watches, or jewelry that may flash in stage lights are not allowed. Discreet accessories are
acceptable.
Musicians shall dress for concerts as follows:
a) For Symphony Series
Men: Formal dress, including tails, black tuxedo slacks, white shirt with full length dress sleeves,
white vest, white bow tie, long black socks and black dress shoes.
Women: Formal black evening clothes, including ankle-length skirts, dresses or formal pants, with
sleeves to wrist or three-quarters, black hosiery and black dress shoes.
b) For Winter Pops
Men: Black tuxedo jacket, black slacks, white shirt with full length dress sleeves, black or white
suspenders (not colored), black bow tie, long black socks and black dress shoes.
Women: Dressy black evening clothes, including ankle-length skirts, dresses or formal pants, with
sleeves to wrist or three-quarters, black hosiery and black dress shoes.
c) For Summer Concerts
Men: White tuxedo jacket, black slacks, white shirt with long or short sleeves, white suspenders,
black bow tie, long black socks and black dress shoes.
Women: Dressy black evening clothes, including ankle-length skirts, dresses or formal pants,
with long or short sleeves (but not sleeveless), black hosiery and black dress shoes.
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d) For Young People's Concerts
Men: Dark suit, white shirt, long, colored tie, black shoes and black socks.
Women: Black dressy pants or mid-calf skirt, o rankle length skirt, with black long or short sleeves
(but not sleeveless), black hosiery and black dress shoes. Jeans are not permitted.
e) For Theatrical Work (Pit)
Men: Black pants with black long-sleeved shirt, black socks and black shoes.
Women: Black pants or skirt with black long-sleeved top, black hosiery and black shoes.
f) Personal items onstage during performances
Musicians shall not keep their instrument cases, coats, or other personal items onstage without prior
agreement of the Personnel Manager. Onstage pocketbooks should be very small, black, and
discreet, or else be locked in the lockbox by the Stage Manager’s desk.
g) Dress Code Violations
First offense: Written warning by Personnel Manager.
Second offense: Fine of $5 per service to be used for orchestra supplies, at the discretion of the
Personnel Manager.
h) Exceptions
Management may make reasonable exceptions to the above performance dress code for special
events and concerts in consultation with the Orchestra Committee.
ARTICLE X – ELECTRONIC MEDIA
1. ELECTRONIC MEDIA: Except as provided below, no service or any part thereof shall be
recorded, reproduced or transmitted in any manner or by any means by Management or by any
other person(s) in the absence of a written agreement with the AFM or Local relating to and
permitting such recording, reproduction or transmission. In the event that any service is recorded,
reproduced, or transmitted, Management agrees to enter into and fulfill all conditions required by
the appropriate agreement of the AFM or Local including but not limited to the payment of
prevailing wages and allied fringe benefits.
2. NEWS SPOTS: Management may record or cause to be recorded up to 15 minutes of any
rehearsal or performance of which up to 5 minutes may be used only for the purpose of promoting
the organization on TV, radio news, similar programs, or advertising spots.
3. ARCHIVAL: Management, without compensation to the Musicians, may make an archival
recording of each performance which shall remain in the control of Management. Archival
recordings shall (without further permission of the AFM or Local) only be used as follows:
a. For 1 broadcast on local public radio, provided that such performance had at least 4 rehearsals.
b. For submission as part of a grant application when the grantor requires the submission of such
a recording upon application.
In the event any of the aforementioned recordings are used beyond the scope set forth above
(Section 2 or 3), Management shall be responsible as set forth in Section 1 above. The Local
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shall be notified in writing and in advance of the use of any of the aforementioned uses of
archival product.
4. ROSTER: A roster of personnel performing on any service which is recorded shall be filed with
the Local and placed with the recording as soon as possible after the conclusion of the service
which has been recorded.
5. NOTICE: Advance notification shall be given to Musicians of any recording or video media
presence, to the extent possible.
6. EVIDENCE: No recorded product shall be used as evidence against any Musician in any artistic
discharge or demotion proceeding.
7. AVAILABILITY: Archival study audio recordings shall be available at all times during normal
business hours in the Symphony office for Conductor / Music Director and Members of the
Orchestra, and other authorized personnel as mutually agreed upon by Management, Orchestra
Committee, and Local to review and study.
ARTICLE XI – AUDITIONS
1. VACANCIES:
a) All vacancies shall be filled by audition in a timely manner.
b. A vacancy shall exist when a musician permanently vacates their position on the roster or
when a musician is on an approved leave of absence.
2. CONDUCTING AUDITIONS:
a. Notice of auditions shall be submitted 90 days in advance of any audition to the Secretary of
the Local, the musicians of the orchestra, and the International Musician.
b. Auditions shall not be scheduled after evening rehearsals.
c. Compensation for all audition committee members shall be $20 per hour, with a 4-hour minimum.
d. Breaks shall be 10 minutes per hour after the first hour, at the commencement of each hour.
However, breaks may also be grouped together.
e. The Local, the Union Steward and the Orchestra Committee shall be notified of all auditions
at the time they are announced. A representative from the Local or the Orchestra Committee
may be present at any audition.
3. AUDITION COMMITTEE:
a. A minimum of three musicians must agree to participate on each audition committee.
b. For a principal vacancy, audition committee shall include all related principals.
c. For a section string position, the audition committee shall include the principal of that section
or his/her delegate if not available. The remaining appropriate members of the committee
shall be selected by the Orchestra Committee in consultation with the Music Director.
d. For a wind or a brass position, audition committee shall include all principals of related sections.
e. For any other position, the audition committee shall be selected by the Orchestra Committee
in consultation with the Music Director.
4. AUDITION PROCEDURE:
a. Preliminary rounds shall be held behind a screen; the screen shall be removed for the final round.
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b. Auditioning members of the orchestra may, at their discretion, proceed directly to the finals.
c. Following the preliminary round, either the Music Director or a majority vote of the audition
committee may advance a candidate.
d. Following the final round, after discussion with the committee, the Music Director shall
choose the winning candidate.
e. Auditions shall also be held for substitute and extra musicians to maintain a pool of qualified
substitute and extra players. The same rules as above shall prevail for substitute and extra auditions.
5. APPOINTMENTS:
a. An emergency appointment may be made during the course of a season. No subsequent
appointment shall be made except after an audition in which no candidate has been selected.
b. An audition shall be held before any subsequent appointments can be made.
c. No appointments shall last for more than one season or the remainder of a season, whichever
is sooner.
d. No musician can be appointed more than once.
e. The Concertmaster may be appointed without audition.
ARTICLE XII - PROBATION, TENURE
1. PROBATION and TENURE: The first season of a musician’s contractual employment shall be
considered probationary. A probationary musician may be given notice, no later than May 1, that
he/she will not be re-engaged for the next season, provided the musician has performed six
Symphony Series programs conducted by the Music Director. If the probationary period is
extended into a second season in order to fulfill the six Symphony Series programs required, the
musician shall be permitted to perform the entirety of that second season, regardless of whether
tenure is granted. In no event shall a probationary period extend beyond two seasons. In the
event the position of Music Director is vacant or becomes vacant during the probationary
musician’s first season, May 1 shall be the date on which a tenure decision must be made by
Management. A probationary musician not receiving notice of non-re-engagement by May 1, or
within 21 days following the last concert of the sixth Symphony Series program performed, shall
be considered a tenured Member of the Orchestra. Any notice of non-re-engagement shall be sent
by certified mail, return receipt requested, with a copy sent to the Local.
2. TENURE: A tenured Member of the Orchestra cannot involuntarily have his/her position with
the orchestra changed (i.e. reseated) or terminated except for consistent and unremedied failure of
musical performance or Just Cause.
3. DISMISSAL PROCEDURE, WITH TENURE: A tenured Member of the Orchestra whose
musical performance is considered by the Music Director to be deficient enough to warrant
termination or reseating shall be sent a written notice, by certified mail, return receipt requested,
with a copy sent to the Local, no later than April 1 of the current season.
4. APPEALS: If a musician disputes the action of the Music Director as set forth in number 3
above, the musician shall have the right to appeal such decision to the Appeals Committee or
under the Grievance and Arbitration Procedure. Appeals to the Appeals Committee must be
made to the Chair of the Appeals Committee, via the Local, no later than 14 days from the date of
the receipt of the notice to terminate or reseat; or in accordance with the terms of the grievance
procedure.
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5. DISCIPLINE and DISCHARGE: Except as provided for above, no tenured Member of the
Orchestra shall be disciplined or discharged except for Just Cause. If the Union disputes the
propriety of the discipline or discharge, such dispute may be resolved under the grievance and
arbitration procedure.
6. CAUSE: Management may dismiss any musician for cause, after having warned such musician in
writing and having sent a copy of such warning to the Secretary of the Local. “Cause shall
consist only of the following acts or omissions: repeated unexcused absence from or tardiness at
services; insubordination, unexcused absence to play other professional appearances; intoxication
by way of alcohol or drugs affecting behavior or performance at a service; misrepresentation of
facts to obtain an excused absence pertaining to illness or death in the family; persistent neglect
of responsibilities set forth in this Agreement.
ARTICLE XIII - APPEALS COMMITTEE
1. APPEALS COMMITTEE: The Appeals Committee shall consist of seven tenured Members of
the Orchestra, elected by the tenured Members of the Orchestra at the beginning of each season
by secret ballot. The Union shall hold the ballots in confidence until such time the committee is
called upon to function. The seven members shall elect a chair by secret ballot.
2. APPEALS PROCEDURE: Within 21 days of receipt of a request for appeal, the Appeals
Committee shall convene a meeting. At this meeting, the Appeals Committee shall hear all
testimony. After discussion, the Appeals Committee shall vote, by secret ballot, to uphold or
oppose the action of the Music Director. The decision of the Appeals Committee shall be final
and binding on all parties. No performance shall be required by the appellant, nor shall any
recordings be used against the musician.
ARTICLE XIV – PARTICIPATION IN GOVERNANCE
1. SEARCH COMMITTEE: One Orchestra Member shall be included on any search committee
established by the Board to interview, investigate or advise with respect to the hiring of a full-time
Music Director. Such member will be chosen by the Orchestra.
2. BOARD COMMITTEES: There shall be a Liaison Committee of not less than two Board
members and not less than an equal number of Orchestra Members chosen by the Orchestra, which
shall meet regularly to discuss matters of mutual concern. The Liaison Committee shall report to
the Board not less than twice per year. Members of the Orchestra shall be encouraged to participate
in active Committees, not limited to finance, education, marketing, development and special
committees.
3. ATTENDANCE AT DIRECTORS’ MEETINGS: Any one Member of the Orchestra committee
shall be welcomed to attend and participate at all New Haven Symphony Orchestra Board of
Directors meetings and shall be entitled to vote; provided, however, that such person’s attendance
may be excused by the Board when personnel matters or matters affecting negotiations with the
Local are involved or for extraordinary Executive sessions.
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ARTICLE XV – GRIEVANCES and ARBITRATION
A Grievance shall be defined as any and all disputes arising out of the interpretation or application of a
provision of this contract, or a term or condition of employment reasonably related to this agreement.
The procedure shall be as follows: the Local and the Executive Director shall meet promptly upon the
request of either party to discuss the matter in an effort to reach an amicable settlement. If no
resolution is achieved, the grievance may be submitted to arbitration before a mutually agreed-upon
party. If no agreement on an Arbitrator is reached, the grievance may be submitted by the Local to the
American Arbitration Association. The decision of the arbitrator shall be final and binding on all
parties. The fees and expenses of the arbitrator will be shared equally by Management and the Local.
ARTICLE XVI - NO STRIKE - NO LOCKOUT
During the term of this Agreement, the Local agrees that there shall be no strikes. Management
agrees that there shall be no lock-outs. Notwithstanding, no Musician will be disciplined for refusing
to cross any lawful union picket line.
ARTICLE XVII - MISCELLANEOUS
1. MUSIC DIRECTOR includes a Music Director designate, or substitute, such as the Associate
Conductor, or other individual named by mutual agreement of Management and the Orchestra
Committee.
2. COPY OF THIS AGREEMENT: Management shall give each Member of the Orchestra and
other musicians employed by the New Haven Symphony Orchestra a copy of this Agreement at
the beginning of the Orchestra season or at the time of employment, whichever is earlier.
2. AVAILABILITY of SUITABLE PLACE: The schedule for all rehearsals is subject to the availability
of any suitable place acceptable to the Music Director in the reasonable exercise of his discretion.
3. USE OF NEW HAVEN SYMPHONY NAME: The parties agree that no other organization or
person shall be entitled to use the phrase "The New Haven Symphony," "Members of the New
Haven Symphony," or any such phrase which describes performances individually or collectively
as members of the New Haven Symphony Orchestra in connection with any rehearsal or
performance whatsoever, unless a predominant number of orchestral players (exclusive of
conductor or soloists) who play that rehearsal or performance are musicians of the New Haven
Symphony Orchestra, and unless and to the extent that the New Haven Symphony Orchestra
waives this provision in writing, which consent shall not be unreasonably withheld. No musician
employed by the New Haven Symphony Orchestra shall rehearse or perform with any group which
makes such claim in violation of this paragraph, and any musician who knowingly violates this
provision shall forfeit any rights under this Agreement.
4.
Signed this ______ day of ______________, 2008, in New Haven, Connecticut.
_____________________________
Timothy Moran, President
Local 234-486 AFM
_______________________________
Christopher Getman, Board President
New Haven Symphony Orchestra
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____________________________
Secretary
Local 234-486 AFM
_____________________________
Natalie Forbes, Executive Director
New Haven Symphony Orchestra
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NHSO ROSTER
The size of the orchestra is 70 contracted positions, occupied by the musicians as follows:
VIOLIN
1. Ani Kavafian
CM
2. Artemis Simerson
ACM
3. Stephan Tieszen
P
4. Millie Piekos
AP
5. Joanna Becker
6. Brittany Boulding
7. Dénise Chividian
8. Soohyun Choi
9. Song-A Dell’Aquila
10. Elisabeth Ewe
11. Stephanie Hug
12. Katie Hyun
13. Helen Heran Kim
14. Adrienne Lewis
15. Open
16. Momoko Matsumura
17. Judith McDermott-Eggert
18. Kiwon Nahm
19. Yuko Naito
20. David Southorn
21. Dimiter Tchernookov
22. Janet Wu York
23. Sarah Zun
24. Open
VIOLA
25. Marvin Warshaw
26. Marlene Segelstein
27. Renate Falkner
28. Ellen Higham
29. Open
30. Jill Pellett Levine
P
AP
31.
32.
33.
34.
Vesselin Todorov
Carol Warshaw
Barbara Wiggin
Open
CELLO
35. Mihai Marica
P
36. Tom Hudson
AP
37. Christine Coyle
38. Miriam Eckelhoefer
39. Michael Haas
40. Lachezar Kostov
41. Mark Schroeder
42. Mariusz Skula
43. Patricia Smith
44. Laura Usiskin
BASS
45. Randall Zigler
P
46. Brad Aikman
AP
47. Jim Andrews
48. Christopher Johnson
49. Mark Michaud
50. Jeffrey Tomkins
FLUTE
51. Open
52. Marjorie Shansky
P
AP
OBOE
53. Olav van Hezewijk P
54. Kyoko Hida-Battaglia AP
CLARINET
55. David Shifrin
56. Reesa Gringorten
P
AP
BASSOON
57. Cynde Iverson
58. Sue Zoellner-Cross
P
AP
HORN
59. Eva Conti
60. David Smalley
61. Open
62. Open
P
AP
TRUMPET
63. Rich Clymer
64. Ken Tedeschi
P
AP
TROMBONE
65. Scott Cranston
66. Terrence Fay
P
AP
BASS TROMBONE
67. Daniel Innaimo
TUBA
68. Karl Kramer
P
TIMPANI
69. Valerie Krob
P
PERCUSSION
70. David Smith
P
In addition to the basic seventy contracted positions, the following positions, when needed, will be occupied by the
musicians as follows:
PIANO - William Braun
HARP - Jennifer Hoult
1. BASIC ORCHESTRA / Members of the Orchestra:
For the Symphony Series, not fewer than seventy (70) musicians shall be employed. The
basic seventy (70) musicians are the Members of the Orchestra. No musician shall be
required to play any instrument for which s/he was not specifically hired.
2. STRING ROTATION:
Seating in the strings will rotate. The first stand of the first violin, second violin, viola, cello,
and bass sections will be excluded from rotation. At the Music Director's discretion, a second
stand of the first and second violin, viola, cello and bass sections may also be excluded from
rotation.
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3. ROSTER:
Management shall provide the Secretary of the Local with a written list of the names,
addresses, instruments played, titular status, and dates of employment for seniority purposes,
of all Members of the Orchestra who are contracted by the New Haven Symphony for the
Symphony Series. Such list shall be furnished before or as soon after September 1 as is
feasible, but in any event no later than fifteen (15) days before the first rehearsal of the
season. Management shall keep the Secretary of the Local advised of any changes in the list
of musicians as they occur during the season.
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SIDE LETTER
Musicians designated as Principals and Assistant Principals during the 1990-1991 season shall
continue to be paid at 50% and 25% above Section respectively. Assistant Principals, as
designated above, shall be paid 50% above Section when substituting for a Principal.
For the life of this contract and any successor contract, and for the tenure of the following
members:
Name
Stephan Tieszen
Marvin Warshaw
Steven Thomas
Adrianne Greenbaum
Karl Kramer
David Smith
Position
Principal
Principal
Principal
Principal
Principal
Principal
Marlene Segelstein
Marjorie Shansky
Reesa Gringorten
Sue Zoellner-Cross
Assistant principal
Assistant principal
Assistant principal
Assistant principal
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SIDE LETTER
DRUG-FREE WORKPLACE ACT
International Conference of Symphony and Opera Musicians (ICSOM) Affiliated with the
American Federation of Musicians-AFL-CIO Policy Statement concerning Provision of a
Drug-Free workplace.
In compliance with the requirements of P.L. 100-690, the Drug-Free Workplace Act of 1988,
the New Haven Symphony Orchestra has established the following policy concerning provision
of a drug-free workplace:
1. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled
substance (as defined in Schedules I through V of Section 202 of the Controlled Substances
Act (21 U.S.C. 812) is prohibited in the New Haven Symphony Orchestra workplace.
2. As a condition of employment each employee will:
a. Abide by the terms of this statement; and,
b. Notify the New Haven Symphony Orchestra of any criminal drug statute conviction for
a violation occurring in the workplace no later than five (5) days after such a conviction.
3. The New Haven Symphony Orchestra will notify its federal granting and contracting
agencies within ten (10) days after receiving notice of a conviction under paragraph 2(b)
above from an employee or otherwise receiving actual notice of such conviction; and,
4. Within thirty (30) days of receiving such notice, the New Haven Symphony Orchestra may
take either of the following actions:
a. Take appropriate personnel action against such employee up to and including
termination.
b. Require such employee to participate in and to complete satisfactorily a drug abuse
assistance or rehabilitation program approved for such purposes by a federal, state, or
local health, law enforcement, or other appropriate agency.
5. Any personnel action taken pursuant to subparagraphs (a) or (b) above will be implemented
only in accordance with the relevant provisions of the collective bargaining agreement.
6. Each employee shall be given a copy of this policy statement together with a copy of
Sections 5151-5160 of the Act and, as available, published materials on the dangers of drug
abuse. Employees shall be asked to acknowledge that they have received these materials.
Employees are encouraged to discuss with their supervisors any related questions or
concerns they may have. On request, the New Haven Symphony Orchestra will endeavor to
assist employees in availing themselves of publicly-available drug counseling,
rehabilitation, or other assistance programs.
09/05/08
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