DSO-CBA KC edits 3-14-16

Dallas Symphony CBA
MASTER AGREEMENT
Between the
DALLAS SYMPHONY ASSOCIATION, INC.
And the
DALLAS-FORT WORTH PROFESSIONAL MUSICIANS
ASSOCIATION, LOCAL 72-147 AMERICAN
FEDERATION OF MUSICIANS
SEPTEMBER 1, 2015 TO AUGUST 31, 2017
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Table of Contents
1.
PARTIES ................................................................................................................................... 6
2.
PURPOSE, AND RECOGNITION .............................................................................................. 6
2.1. PURPOSE. .............................................................................................................................. 6
2.2. RECOGNITION. ....................................................................................................................... 6
3.
MANAGEMENT RIGHTS .......................................................................................................... 6
4.
SAVINGS CLAUSE ................................................................................................................... 6
4.1. STATE AND FEDERAL LAWS. ...................................................................................................... 6
4.2. UNION BY-LAWS. .................................................................................................................... 6
5.
CANCELLATION OF AGREEMENT .......................................................................................... 7
6.
NON-DISCRIMINATION .......................................................................................................... 7
7.
TERMS OF EMPLOYMENT ........................................................................................................ 7
7.1. MINIMUM NUMBER OF MUSICIANS. ........................................................................................... 7
7.2. YEAR-ROUND EMPLOYMENT. .................................................................................................... 7
8.
DEFINITIONS ............................................................................................................................ 7
8.1. BASE OF OPERATIONS. ............................................................................................................ 7
8.2. BASE OF OPERATIONS AREA (“BOA”). .................................................................................... 7
8.3. DRESS REHEARSAL .................................................................................................................. 7
8.4. ELECTRONIC MEDIA. ............................................................................................................... 7
8.5. EXTRA MUSICIAN. ................................................................................................................... 7
8.6. FAMILY EDUCATION SERVICE.................................................................................................... 7
8.7. FESTIVAL RESIDENCY. .............................................................................................................. 7
8.8. FOREIGN TOUR. ...................................................................................................................... 8
8.9. FREE DAY. ............................................................................................................................. 8
8.10.IMMEDIATE FAMILY. ............................................................................................................... 8
8.11.INTERIM MUSICIAN(S). ........................................................................................................... 8
8.12.LONG TERM DISABILITY. ......................................................................................................... 8
8.13.METROPOLITAN AREA. .......................................................................................................... 8
8.14.MUSICIAN(S). ....................................................................................................................... 8
8.15.MUSIC DIRECTOR. ................................................................................................................ 8
8.16.OFFICIAL TIME ...................................................................................................................... 8
8.17.ORCHESTRA. ........................................................................................................................ 8
8.18.PART-TIME MUSICIAN. ........................................................................................................... 8
8.19.RADIUS POINTS. .................................................................................................................... 8
8.20.REGULAR SUBSCRIPTION SEASON. ........................................................................................... 8
8.21.RETIREMENT PLAN. ................................................................................................................ 8
8.22.RUN OUT. ............................................................................................................................ 9
8.23.SALARY. .............................................................................................................................. 9
8.24.SCHEDULE. ........................................................................................................................... 9
8.25.SEASON. .............................................................................................................................. 9
8.26.SERVICE. .............................................................................................................................. 9
8.27.SUMMER SEASON. ................................................................................................................. 9
8.28.TOUR. .................................................................................................................................. 9
8.29.UNTENURED MUSICIAN. ......................................................................................................... 9
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8.30.WORK DAY. ......................................................................................................................... 9
8.31.WORK WEEK. ....................................................................................................................... 9
9.
LENGTH OF AGREEMENT ........................................................................................................ 9
9.1. DUTY TO BARGAIN. ................................................................................................................. 9
10. MUSICIANS’ BENEFITS............................................................................................................. 9
10.1.COMPENSATION. .................................................................................................................. 9
10.2.DURATION OF EMPLOYMENT. ............................................................................................... 10
10.3.VACATIONS. ...................................................................................................................... 10
10.4.SENIORITY BENEFITS.............................................................................................................. 10
10.5.EXTRA SERVICE RATE. .......................................................................................................... 10
10.6.OVERTIME RATES. ............................................................................................................... 10
10.7.DOUBLING. ........................................................................................................................ 10
10.8.BACKSTAGE AND COSTUMED APPEARANCES. ........................................................................ 11
10.9.PARKING. .......................................................................................................................... 11
10.10.LEAVE OF ABSENCE........................................................................................................... 11
10.11.WEEKLY LEAVE. ................................................................................................................ 12
10.12.SUMMER SEASON OPTION.................................................................................................. 12
10.13.SICKNESS, ACCIDENT, DISABILITY AND FAMILY LEAVE BENEFITS. ............................................... 12
11. PENSION FUND CONCERTS .................................................................................................... 23
11.1.SERVICES AND PROCEEDS. ................................................................................................... 23
11.2.TAPE DUPLICATION AND SALES. ............................................................................................ 24
11.3.EXCESS CONTRIBUTIONS. ..................................................................................................... 24
12. INDIVIDUAL AGREEMENTS ..................................................................................................... 24
12.1.OFFER FOR ENSUING SEASON. .............................................................................................. 24
12.2.CONTRACT FORM. .............................................................................................................. 24
12.3.RESPONSE. ......................................................................................................................... 24
13. SCHEDULES ............................................................................................................................. 24
13.1.SEASONAL SCHEDULES. ....................................................................................................... 24
13.2.WEEKLY SCHEDULES. ........................................................................................................... 24
13.3.SCHEDULING ADVISORY MEETINGS. ...................................................................................... 24
13.4.POSTING OF THE REHEARSAL SCHEDULE. ................................................................................ 24
13.5.STRING RELIEF. .................................................................................................................... 25
13.6.VACATIONS. ...................................................................................................................... 25
13.7.CONSECUTIVE DAYS OFF..................................................................................................... 26
13.8.RESCHEDULING. .................................................................................................................. 26
13.9.ANNUAL SERVICE COUNT. ................................................................................................... 26
14. SERVICES................................................................................................................................. 26
14.1.DURATION OF SERVICES. ...................................................................................................... 26
14.2.EXTRA SERVICES. ................................................................................................................. 27
14.3.FREE DAY. ......................................................................................................................... 28
14.4.COMMENCEMENT OF SERVICES. ........................................................................................... 28
15. TRAVELING BEYOND THE BASE OF OPERATIONS .............................................................. 31
15.1.GENERAL. .......................................................................................................................... 31
15.2.METROPOLITAN AREA TRAVEL. ............................................................................................. 33
15.3.TOUR TRAVEL...................................................................................................................... 33
15.4.FOREIGN TOURS.................................................................................................................. 35
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15.5.VAIL FESTIVAL RESIDENCIES. ................................................................................................. 38
15.6.TOURING CONDITIONS TASK FORCE. ..................................................................................... 39
16. DIVIDED ORCHESTRA ............................................................................................................. 39
16.1.SEGMENTS. ........................................................................................................................ 39
16.2.USES.................................................................................................................................. 39
16.3.SIMULTANEOUS USE. ............................................................................................................ 39
16.4.SERVICE LIMITATIONS. .......................................................................................................... 40
16.5.MISCELLANEOUS. ................................................................................................................ 40
16.6.LIMITATION ON TYPES OF ENSEMBLES. .................................................................................... 40
16.7.TASK FORCE. ...................................................................................................................... 40
17. ELECTRONIC MEDIA ............................................................................................................... 40
17.1.GUARANTEE. ...................................................................................................................... 40
17.2.OPTIONAL TIME OFF............................................................................................................ 41
17.3.FORCE MAJEURE. ............................................................................................................... 41
17.4.SCHEDULING. ..................................................................................................................... 41
18. RECORDING AND TRANSCRIPTION ....................................................................................... 41
18.1.ARCHIVAL RECORDINGS. .................................................................................................... 41
18.2.VOICE OF AMERICA BROADCASTS. ...................................................................................... 42
18.3.NEWSCASTS. ...................................................................................................................... 42
18.4.LOCAL RADIO BROADCASTS. ............................................................................................... 42
18.5.PHOTO SESSIONS. ............................................................................................................... 42
18.6.HOLIDAY CONCERT TELECAST. ............................................................................................. 42
18.7.COMPENSATION AND BENEFIT PAYMENTS. ............................................................................. 42
19. COMMITTEES........................................................................................................................... 42
19.1.NON-JEOPARDY................................................................................................................. 42
19.2.PLAYERS’ COMMITTEE. ........................................................................................................ 42
19.3.LIAISON COMMITTEE. .......................................................................................................... 43
19.4.APPEALS COMMITTEE. ......................................................................................................... 43
19.5.OUTDOOR COMMITTEE. ...................................................................................................... 44
19.6.ADDITIONAL MUSICIAN PARTICIPATION. ................................................................................ 44
19.7.TOUR NEGOTIATING COMMITTEE. ......................................................................................... 44
20. AUDITION PROCEDURES ........................................................................................................ 45
20.1.NOTICE OF AUDITION. ......................................................................................................... 45
20.2.AUDITION COMMITTEE SELECTION. ........................................................................................ 45
20.3.AUDITION COMMITTEES. ...................................................................................................... 45
20.4.PROCEDURES. .................................................................................................................... 47
20.5.SCREENING OF APPLICANTS. ................................................................................................ 48
20.6.AUDITIONS FOR THE BENEFIT OF LOCAL 72-147 MEMBERS. ...................................................... 48
20.7.PRELIMINARY AND SEMI-FINAL AUDITIONS. ............................................................................. 48
20.8.FINAL AUDITIONS. ............................................................................................................... 48
20.9.OBSERVERS. ....................................................................................................................... 49
20.10.TENURE REVIEW COMMITTEE. .............................................................................................. 49
21. TERMINATIONS ....................................................................................................................... 50
21.1.INCOMPETENCE. ................................................................................................................. 50
21.2.CAUSE. ............................................................................................................................. 51
21.3.EXTENDED ABSENCE OR INABILITY TO PERFORM. ..................................................................... 52
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22. RESEATING AND/OR DEMOTION ........................................................................................... 52
22.1.MORALE OF THE INDIVIDUALS OF THE ORCHESTRA. .................................................................. 52
22.2.PROCEDURE. ...................................................................................................................... 52
22.3.NO REDUCTION IN SALARY. ................................................................................................. 53
23. GRIEVANCE AND ARBITRATION ............................................................................................ 53
23.1.GENERAL. .......................................................................................................................... 53
23.2.EXPENSES. .......................................................................................................................... 53
23.3.PROCEDURE. ...................................................................................................................... 53
24. MISCELLANEOUS .................................................................................................................... 54
24.1.DUTY TO PLAY; PARTS TO BE FURNISHED. ................................................................................ 54
24.2.BORROWED OR RENTED INSTRUMENTS.................................................................................... 54
24.3.PLAYING CONDITIONS......................................................................................................... 54
24.4.ILLEGIBLE PARTS. ................................................................................................................. 54
24.5.SPECIAL SEVERANCE PAYMENT. ............................................................................................ 54
24.6.ISSUES NOT ADDRESSED. ...................................................................................................... 54
24.7.AMENDMENTS. ................................................................................................................... 54
24.8.PUBLICATION ...................................................................................................................... 55
24.9.QUARTERLY BUSINESS REVIEW ............................................................................................... 55
APPENDIX 1: INDIVIDUAL MUSICIAN’S AGREEMENT ……………………………………………… 56
APPENDIX 2: SIDE LETTERS
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COLLECTIVE BARGAINING AGREEMENT
Dallas Symphony Association, Inc.
And
Dallas/Fort Worth Professional Musicians Association,
Local Union No. 72-147, A. F. of M.
1. PARTIES
This collective bargaining agreement (hereinafter the “Agreement”) is entered into by
and between The Dallas Symphony Association, Inc., (hereinafter designated the
“Employer”) and the Dallas-Fort Worth Professional Musicians Association, Local #72147, American Federation of Musicians (hereinafter designated the “Union”).
2. PURPOSE, AND RECOGNITION
2.1.
Purpose.
The Employer and the Union each agree and represent that the purpose and intent
of this Agreement is to promote cooperation and harmony, to recognize mutual
interests, to formulate and fix provisions governing the relationship between the
Employer and the Union, and to set and establish the minimum wage scale and
working conditions for all Musicians, who are to be engaged by the Employer during
the period or term of this Agreement.
2.2.
Recognition.
The Employer recognizes the Union as the sole and exclusive collective bargaining
representative for all musicians, Principal Librarian and Associate Librarian, except as
they render services for the Association as Personnel Manager, or Contractor.
3. MANAGEMENT RIGHTS
Except to the extent expressly abridged by a specific provision of this Agreement, the
Employer and its management representatives exclusively reserve all of their inherent
rights to manage the business, including but not limited to the right to establish and
enforce reasonable rules and regulations, the right to maintain efficiency, and the
right to maintain discipline. It is agreed that the Employer shall have the sole authority
to determine the number of Musicians employed and to determine and direct the
policies, modes, and methods of operating the business, subject only to any limitation
contained in the specific provisions of this Agreement.
4. SAVINGS CLAUSE
4.1.
State and Federal Laws.
Notwithstanding any other provision herein contained and regardless of how specific
any such provision or provisions may be, nothing in this contract is intended to violate
any State or Federal statute, rule, or regulation of any kind. Should any term or
provision be illegal, such illegality shall not have the effect of making this contract
illegal as a whole.
4.2.
Union By-laws.
Notwithstanding any other provision herein contained and regardless of how specific
any such provision or provisions may be, nothing in this contract is intended to violate
the Constitution, By-laws, and the Policy of the American Federation of Musicians or
the Constitution and By-laws of the Dallas/Ft. Worth Professional Musicians
Association, Local Union No. 72-147.
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5. CANCELLATION OF AGREEMENT
Only in the event it becomes impossible to continue the series of concerts and
rehearsals provided for under the terms of this contract by reason of an Act of Nature
such as fire, flood, or pestilence, or because of any rules or regulations promulgated
by Federal, State, or Municipal authorities, of a civil or military nature, or for any reason
beyond the control of the Employer, then the Employer will have the right to cancel
this Agreement upon the payment of stipulated compensation to the date of such
cancellation. The Employer will make every reasonable effort to continue the Season.
It is understood that financial crisis does not constitute an Act of Nature within the
meaning of this section.
6. NON-DISCRIMINATION
The Employer and the Union mutually agree that neither will discriminate against any
Musician because of race, sex, sexual orientation, age, color, creed, religion, national
origin, handicap, or membership or non-membership in the Union.
7. TERMS OF EMPLOYMENT
7.1.
Minimum number of Musicians.
At least eighty-two (82) Musicians will be employed throughout the term of this
Agreement.
7.2.
Year-round Employment.
Subject to all other terms and conditions of this Agreement, employment of Musicians
shall be on a year-round basis.
8. DEFINITIONS
As used throughout this Agreement, the following definitions shall apply:
8.1.
Base of Operations.
The Morton H. Meyerson Symphony Center, the location at which the Dallas
Symphony performs its major concert series.
8.2.
Base of Operations Area (“BOA”).
The area within a thirty (30) mile Radius of the Base of Operations.
8.3.
Dress Rehearsal
The final rehearsal for a concert or, in the case of a concert involving chorus, the final
rehearsal with chorus for a concert.
8.4.
Electronic Media.
Includes radio, television, compact discs, records, tapes, cassettes, film, cable
television, and any other Services involving Electronic Media, whether live or
recorded.
8.5.
Extra Musician.
A person employed by the Employer to perform sixty–four (64) or more Services per
Season, who is not under full contract.
8.6.
Family Education Service.
A Service constituting one or two concert performances designed to present
symphonic music to a family audience. Youth Concerts, High School Concerts and
Sunday Fest Concerts are excluded from this definition.
8.7.
Festival Residency.
A series of concerts over a period of at least four consecutive days in the same city
outside of the Metropolitan Area.
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8.8.
Foreign Tour.
Any Tour outside of the continental United States.
8.9.
Free Day.
A twenty-four (24) hour period from midnight to midnight designated by the
Employer, which period is free of all Services and travel except travel necessitated by
late arrival, that is compensated in accordance with the terms of Article 15.1.D.
8.10.
Immediate Family.
Those relatives of a Musician to include only the mother, father, brother, sister,
husband, wife, same sex partner (which must be designated in advance) children,
stepchildren, grandparents and in-laws under current care of the Musician.
8.11. Interim Musician(s).
A person (persons) employed by the Employer as a playing member in a non-tenure
track position. An Interim Musician is ineligible to receive a contract for a third
consecutive Season as in the procedure outlined in 10.13.O. An Interim Musician shall
not serve on committees but is otherwise entitled to all benefits and rights of a
Musician.
8.12.
Long Term Disability.
A period of continuous total disability of one-hundred eighty (180) days, as defined in
the Long Term Disability insurance policy provided pursuant to Article 10.13.C herein.
8.13.
Metropolitan Area.
The area outside a thirty (30) mile Radius, but within a fifty (50) mile Radius from the
Base of Operations.
8.14.
Musician(s).
A person (persons) employed by the Employer as a playing member or Librarian
under full contract with the Dallas Symphony Orchestra.
8.15.
Music Director.
The conductor or other individual designated by the Chief Executive Officer or
President of the Employer to perform the responsibilities of Music Director as specified
in this Agreement.
8.16.
Official Time
The Official Time at all services will be designated by the Atomic Clock.
8.17.
Orchestra.
The Dallas Symphony Orchestra.
8.18.
Part-time Musician.
A person employed by the Employer to perform sixty-three (63) Services or less per
Season.
8.19.
Radius points.
The shortest driving distance between points.
8.20.
Regular Subscription Season.
The period between the beginning of a designated Season extending to the week
preceding the following June 1.
8.21.
Retirement Plan.
The Dallas Symphony Orchestra Retirement Plan and AFM-EP Plan, as previously
adopted and from time to time duly amended.
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8.22.
Run Out.
A trip beyond a fifty (50) mile Radius, but within a one hundred twenty-five (125) mile
Radius, from the Base of Operations.
8.23.
Salary.
The amount of money specified in the individual Musician’s agreement as weekly
compensation.
8.24.
Schedule.
A listing of Services, including time and date prepared and distributed by the
Employer.
8.25.
Season.
The Seasons encompassed by the term of this Agreement are the 2015-2016, and
2016-2017 Seasons.
8.26.
Service.
A typical use of the Orchestra such as a concert, rehearsal, or an Electronic Media
Activity.
8.27.
Summer Season.
The period of time occurring between the week encompassing June 1 through the
week preceding the beginning of the next designated Season.
8.28.
Tour.
A trip beyond a one hundred twenty-five (125) mile Radius from the Base of
Operations.
8.29.
Untenured Musician.
A Musician employed by the Employer for two (2) consecutive full Seasons or less
unless tenure is granted in writing earlier than the time anticipated in the procedure
outlined in Article 10.13.O.
8.30.
Work Day.
The twenty-four (24) hour period from midnight to midnight unless extended by late
travel that is compensated in accordance with Article 10.1.C.
8.31.
Work Week.
The period of seven (7) consecutive days from Monday through Sunday.
9. LENGTH OF AGREEMENT
The term of this Agreement shall be from September 1, 2015, through August 31, 2017.
9.1.
Duty to Bargain.
Not less than ninety (90) days prior to the expiration of this Agreement, the parties
shall commence negotiations regarding a collective bargaining agreement covering
a subsequent Season or Seasons.
10. MUSICIANS’ BENEFITS
10.1. Compensation.
The Minimum weekly Salary will be as follows:
Period
Base
$1732.02
Electronic Media Total
Guarantee
$130
9/24/15 – 8/31/16**
9/1/16 – 8/31/17
$1862.02
$1783.98
$130
$1913.98
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**Contingent on this Agreement being ratified at or before 11:59 p.m. on September
24, 2015, this period will run from September 1, 2015 through August 31, 2016.
All Musicians covered by this Agreement will be paid a lump sum bonus of seven
hundred fifty dollars ($750.00) on the next regular payroll date after September 1,
2016.
10.2.
Duration of Employment.
Subject to the Provisions of Article 7.2, each Season shall consist of year-round
employment.
10.3.
Vacations.
Subject to the provisions of Article 7.2, eight weeks vacation with pay shall be
provided to each Musician during each Season at the regular Salary rate. The
Employer will provide to each Musician, on a floating basis and scheduled at the
Employer’s discretion, a ninth (9th) week off with pay during the Season. The Employer
will schedule this ninth (9th) week off with pay during the period February 1 to May 31,
unless another week outside of that period of time is agreeable to both Employer and
the Musician.
10.4.
Seniority Benefits.
Every Musician with five or more years of service shall receive weekly seniority pay
above his or her Salary according to the following schedule, provided that such
schedule shall not reduce the weekly seniority benefits that any Musician received
pursuant to the Agreement dated September 1, 2009 to August 31, 2011.
10.5.
Years of Service (as of Sept. 1)
Seniority Pay
0-4
$0
5–9
$25
10 – 14
$30
15 – 19
$40
20 – 24
$45
25 +
$45
Extra Service Rate.
Payment for an extra Service shall be at the rate of three-sixteenths (3/16) of the
Musician’s regular weekly Salary.
10.6.
Overtime Rates.
When a Service time exceeds the lengths permitted in this Agreement, overtime shall
be paid pro rata, in fifteen (15)-minute increments, at the rate of one and one-half (11/2) times the Musician’s weekly Salary based on a nineteen-and-one-half (19-1/2)hour Work Week.
10.7.
Doubling.
Any Musician playing an instrument not listed in his/her personal contract, or who is
moved to a first (1st) desk string position, will receive four percent (4%) of his or her
weekly Salary for each Service so rendered.
The following instruments shall be considered doubling in the absence of any
contrary provision in the Musician’s personal contract:
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Violin
Viola
Viola d’Amore
Violoncello
Double Bass
Electric Bass
Harp
Flute
Alto Flute
Piccolo
Oboe
Oboe d’Amore
English Horn
Heckelphone
Clarinet
Basset Horn
E-Flat Clarinet
Bass Clarinet
Contra Bass Clarinet
Soprano Saxophone
10.8.
Alto Saxophone
Tenor Saxophone
C Melody Saxophone
Baritone Saxophone
Bassoon
Contra Bassoon
Horn
Wagner Tuba
Trumpet
Piccolo Trumpet
Bass Trumpet
Flugelhorn
Trombone
Bass Trombone
Baritone
Tuba
Keyboard
Percussion
Timpani
Backstage and Costumed Appearances.
A Musician required to appear onstage in costume but not required to play an instrument
shall receive additional compensation in the amount of ten dollars ($10.00) for such
appearance. A Musician required to play an instrument backstage shall receive ten dollars
($10.00) additional compensation for such playing. A Musician required to appear onstage in
costume and to play an instrument shall receive additional compensation in the amount of
twenty dollars ($20.00) for each such appearance. Should a Musician not desire to appear
onstage in costume and should another satisfactory Musician be willing to appear, a
substitution shall be made. No additional compensation shall be paid for appearing onstage
and playing an instrument in costume for concerts designated as Halloween concerts
occurring between October 25 and November 2.
10.9.
Parking.
At the Meyerson Symphony Center, Musicians’ parking will be provided in areas designated
by the Employer. Payment of any charges assessed for such parking will be the responsibility
of individual Musicians, except that charges in excess of fifteen dollars ($15) per month will
be paid by the Employer through direct payment to the parking contractor, reimbursement
to the Musician, or such other means as the Employer may reasonably determine.
10.10. Leave of Absence.
A Musician who has been employed for five (5) full consecutive Seasons may take a leave of
absence of one (1) Season without pay at the discretion of the Music Director. Requests for
such leave status must be presented in writing to the Employer at least ninety (90) days prior
to the end of the Season preceding that for which leave is requested. A Musician granted
such leave status shall retain all rights, seniority, and fringe benefits under the terms of this
Agreement. Provided, however, that (i) the Season for which the leave of absence is
granted shall not be counted as a seniority accrual for purposes of the seniority pay set forth
in Article 10.4, nor shall such period of leave of absence contribute to any qualification
prerequisite to participation in any present or future pension or retirement plan; and (ii)
where a primary purpose of the leave is to undertake remunerative employment, e.g.,
performing with another orchestra, the cost of benefits provided by the Employer under the
provisions of Article 10.13.N., must be paid by the Musician on a current basis, or personal
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arrangements must be made by the Musician to provide such alternative protection as the
individual desires. Determination of whether the “primary purpose” of the leave is to
undertake remunerative employment shall be made by the Employer on a case-by-case
basis, according to satisfactory information provided in the leave request. The right is
reversed by the Employer to adjust its determination in the event remunerative employment
is subsequently undertaken that was not included in the Musician’s leave request.
10.11. Weekly Leave.
A Musician may be excused without pay, on a weekly basis, if a suitable replacement can
be found as determined by the Music Director, provided that the Musician makes a request
to the Employer to go on such status at least four (4) weeks prior to the beginning of the
leave. Musicians on weekly leave status shall retain all rights, seniority, and fringe benefits
under this Agreement.
10.12. Summer Season Option.
A Musician may be excused without pay, on a weekly basis, for all or a portion of the
Summer Season. Notification to the Employer by the Musician of his or her desire to exercise
an option not to perform some portion of the Summer Season shall be submitted to the
Employer not later than April 1. In the event an international (excluding Canada and
Mexico) Tour is scheduled for the Summer Season, the Employer may suspend a Musician’s
option under this Paragraph. Musicians must be notified of such suspension by October 1
preceding the summer Tour. The Music Director will have the discretion to excuse a Musician
from the Tour. If the Tour is canceled, a Musician may then exercise the Summer Season
option. The Employer may also suspend the Musician’s option under this paragraph for Vail
Festival Residencies, unless the Music Director approves otherwise.
10.13. Sickness, Accident, Disability and Family Leave Benefits.
10.13.A.
Sick Days: During each Season, a Musician who is unable to perform
because of illness or accidental injury will be excused without loss of pay
for an aggregate maximum of fifteen (15) working days during the Season.
Unused sick days may not be carried from Season to Season. The Musician
must notify the Personnel Manager in advance if illness or accidental injury
will cause him or her to miss a Service. Under appropriate circumstances,
the Personnel Manager may require medical certification with respect to
the condition where objective considerations concerning the nature,
length or basis for the absence give rise to question(s) regarding eligibility
for sick leave privileges under this Article. For this purpose, a Musician who
misses one Service on a double-Service day will be considered to have
missed one-half of a working day.
(1)
If a Musician uses a sick day during the rehearsal portion of a concert
series and is able to return to work for Services involving concerts, the
Personnel Manager will determine if the player will be allowed to
return for the concert portion of the series. If the player does not
return for Services during the week, the Musician will inform the
Personnel Manager which Services were missed due to illness. Services
that were not missed due to illness will count as rotated services.
10.13.B.
Medical Leave: An eligible Musician who is unable to perform the
functions of his or her position because of a Serious Health Condition may
request medical leave in accordance with subparagraphs 10.13.E., F., G.,
H., and I. of this Paragraph. A Musician on qualified medical leave who
complies with the requirements of this Paragraph will be paid his or her
regular Salary for up to one hundred and eighty (180) calendar days. It is
the responsibility of the Musician to notify the Employer immediately of any
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change in medical status that would affect eligibility for payment under
this provision.
10.13.C.
Long-Term Disability:
(1)
All medical leave payments made by the employer under
subparagraph 10.13.B of this Paragraph will terminate upon the
Musician’s qualification for commencement of Long-Term Disability
benefits as provided under Paragraph 10.13.N of this Article, or upon
such earlier date as it may be determined that the Musician is no
longer Totally Disabled. For this purpose, the terms “Total Disability”
and “Totally Disabled” have the meaning specified in the Long-Term
Disability insurance policy, but without regard to any initial elimination
period.
(2)
During the first twenty-four (24) months after initial onset of an eligible
Musician’s continuing Total Disability, all Employer-provided benefits
(except retirement accrual) will be continued on the same copayment basis, if any, as if the Musician had continued actively at
work. The Musician
shall be informed in writing at least 30 calendar
days in advance of the expiration of the twenty four (24)-month
period that his or her benefits will be discontinued, and shall be
informed of any rights under COBRA whenever appropriate.
10.13.D.
(1)
Family Leave:
In accordance with subparagraphs 10.13.E., F., G., H., and I. of this
Paragraph, an eligible Musician may request up to 12 weeks of
unpaid family leave within each Season for the following Qualifying
Events:
1.
2.
3.
4.
5.
the birth of a son or daughter and to care for such son or
daughter;
the placement of a son or daughter with the Musician for
adoption or foster care; or
to care for a spouse, son, daughter, parent, or same sex
partner (must be designated in advance) with a Serious
Health Condition.
to take medical leave when the Musician is unable to work
because of a Serious Health Condition; or
for qualifying exigencies arising out of the fact that the
Musician’s spouse, son, daughter or parent is on active duty
or called to active duty status as a member or retired
member of the National Guard or Military Reserves in
support of a contingency operation. This type of leave is not
available to a Musician whose family member serves in the
regular Armed forces, and in most cases, where the family
member is called to state (as opposed to federal) service.
For the purpose of this type of leave only, “Son or Daughter”
means the servicemember’s biological, adopted, or foster
child, stepchild, legal ward, or a child for whom the
servicemember stood in loco parentiis, who is on active duty
or call to active duty status, and who is of any age.
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Dallas Symphony CBA
Leave because of birth or placement for adoption or foster care must
be completed within the 12-month period beginning on the date of
birth or placement for adoption or foster care. In addition, spouses
employed by the Employer who request leave because of birth of a
son or daughter, placement of a son or daughter for adoption or
foster care, or to care for a parent with a Serious Health Condition
may take a combined total of only 12 weeks’ leave during any 12month period.
(2)
Additionally, in accordance with subparagraphs 10.13E, F., G., H., and
I., of this Paragraph, an Eligible Musician who is a spouse, son,
daughter, parent or next of kin of a current member of the Armed
Forces, the National Guard or Military Reserves with a Serious Injury or
Illness may request up to a total of 26 weeks’ combined leave during
a 12-month period to care for the Covered Servicemember. In no
case shall an Eligible Musician be entitled to more than 12 weeks for
his/her own Serious Health Condition or any other FMLA-qualifying
reason during a single 12-month period. Additionally, Spouses
employed by the Employer are limited to a combined total of 26
weeks’ leave during a 12-month period.
The following definitions are used for purposes of this type of leave
only:
1. “Covered Servicemember” means a current member of the
Armed Forces, National Guard or Reserves, who, for a Serious
injury or Illness incurred in the line of duty while on active duty
is: (i) undergoing medical treatment, recuperation or therapy;
(ii) otherwise in outpatient status, or (iii) otherwise on the
temporary disability retired list.
2. A “Serious Injury or Illness” means an injury or illness incurred by
a Covered Servicemember in the line of duty on active duty
that may render the Covered Servicemember medically unfit
to perform the duties of his or her office, grade, rank or rating.
3. “Son or daughter” means the Covered Servicemember’s
biological, adopted, or foster child, stepchild, legal ward, or a
child for whom the Covered Servicemember stood in loco
parentiis, and who is of any age.
4. “Parent” means the Covered Servicemember’s biological,
adopted, step or foster father or mother, or any other individual
who stood in loco parentiis to the Covered Servicemember.
This definition does not include parents-in-law.
5. “Next of Kin” means the Covered Servicemember’s nearest
blood relative (other than the Covered Servicemember’s
spouse, parent, son, or daughter, who are already entitled to
leave for this purpose) in the following order of priority: blood
relatives who have been granted legal custody of the
Covered Servicemember, brothers and sisters, grandparents,
aunts and uncles, and first cousins.
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Dallas Symphony CBA
(3)
Any family leave under this Paragraph, medical leave under
subparagraph 10.13.B of this Paragraph, emergency leave for the
Serious Health Condition of a Musician’s Immediate Family under
Paragraph 10.13.L. of this Article, or weekly leave in connection with a
Qualifying Event under Paragraph 10.12 of this Article taken by the
Musician during any Season will count against the balance of family
leave available to a Musician during that Season. A Musician must
report a Qualifying Event to the Employer if the Musician takes any
leave in connection with the Qualifying Event.
(4)
During a family leave, the Employer will maintain a Musician’s health
benefits on the same basis as if active employment continued. The
Musician shall pay the Musician’s portion of the cost for elected
dependent health coverage as provided under Paragraph 10.13.B of
this Article at the same time as it would be paid if made by payroll
deduction. Health care coverage will cease if the premium payment
is more than 30 calendar days late. If the Musician elects not to return
to work at the end of the family leave period, the Musician may be
required to reimburse the Employer for the premiums paid by the
Employer during the unpaid leave period, unless the Musician cannot
return to work because of the Musician’s Serious Health Condition or
other circumstances beyond the Musician’s control.
10.13.E.Definitions:
(1)
“Serious Health Condition” means any illness, injury, impairment, or
physical or mental condition that involves either:
(A) Inpatient care in a hospital, hospice or residential
medical-care facility, including any period of
incapacity or subsequent treatment in connection with
such inpatient care;
(B) Continuing treatment by a Health Care Provider, which
includes:
(i)
A period of incapacity lasting more than three
consecutive, full calendar days and any subsequent
treatment or period of incapacity relating to the
same condition that also includes:
(a) treatment two or more times by or under the
supervision of a Health Care Provider, the first
within seven days and both within 30 days of the
first day of incapacity; or
(b) one treatment by a Health Care Provider within
seven days of the first day of incapacity with a
continuing regimen of treatment, such as
prescription medication or physical therapy; or
(ii)
Any period of incapacity related to pregnancy or for
prenatal care. A visit to a Health Care Provider is not
necessary for each absence;
(C) Any period of incapacity or treatment for a Chronic
Serious Health Condition. A visit to a Health Care
Provider is not necessary for each absence;
(D) A period of incapacity that is permanent or long-term
due to a condition for which treatment may not be
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Dallas Symphony CBA
(2)
effective. Supervision (and not active treatment) by a
Health Care Provider is required; or
(E) Any absences to receive multiple treatments for
restorative surgery or for a condition that would likely result
in a period of incapacity of more than three days if not
treated.
“Health Care Provider” includes: (i) medical doctors, osteopaths,
podiatrists, dentists, clinical psychologists, optometrists, and, in certain
cases, chiropractors authorized to practice in the State; (ii) nurse
practitioners and nurse-midwives authorized under State law; (iii)
certain Christian Science practitioners listed in a current volume of
“The Christian Science Journal”; any (iv) Health Care Provider from
whom the Employer or the Employer’s group health plan’s benefits
manager will accept certification of the existence of a Serious Health
Condition to substantiate a claim for benefits.
(3)
“Eligible Musician” means a Musician who (i) worked for the Employer
for at least twelve (12) months and (ii) worked in a paid status as an
active Musician in the previous Season.
(4)
“Chronic Serious Health Condition” means a health condition which:
(i) continues over an extended period of time; (ii) requires periodic
visits (at least twice a year) for treatment by a Health Care Provider,
or by a nurse under direct supervision of a Health Care Provider; and
(iii) may cause episodic rather than a continuing period of incapacity
(e.g., asthma, diabetes, epilepsy, etc.).
10.13.F. Notice of Leave: If the need for medical leave or family leave is
foreseeable, the Musician must give the Employer thirty (30) calendar days’
prior notice. In cases where a Musician becomes aware of the need for
leave less than thirty (30) days in advance, the Musician must provide
notice to the Employer as soon as practicable—generally, either the same
or next business day. When the need for leave is unforeseeable, the
Musician must provide notice to the Employer as soon as practicable
under the facts and circumstances of the particular case. Absent unusual
circumstances, Musicians must comply with the Employer’s usual and
customary notice and procedural requirements for requesting leave.
Additionally, Musicians must provide sufficient information and the
anticipated timing and duration of the requested leave so that the
Employer may reasonably determine whether the FMLA is applicable.
Under some circumstances, Musicians may take intermittent or reduced
schedule leave. When leave is needed for planned medical treatment,
the Musician must make a reasonable effort to schedule treatment so as
not to unduly disrupt the Employer’s operation. All requests for leave
should be made on the appropriate form available from the Employer and
should state the reason for the requested leave, the anticipated start of
the leave, and the anticipated duration of the leave.
10.13.G.
Medical and other Appropriate Certification: A Musician shall
provide medical certification if the Musician is requesting medical leave or
family leave because of a Serious Health Condition of the Musician or
qualified family member.
For requests related to military leave, the Musician shall provide the
following appropriate certification:
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Dallas Symphony CBA
(1)
Leave for a qualifying exigency must be supported by a copy of the
covered military member’s active duty orders and certification providing
the appropriate facts related to the particular qualifying exigency for
which leave is sought, including contact information if the leave involves
meeting with a third party;
(2)
Leave to care for a Covered Servicemember with a Serious Injury or
Illness must be supported by a certification completed by an authorized
Health Care Provider or by a copy of an Invitational Travel Order (“ITO”) or
Invitational Travel Authorization (“ITA”) issued to any member of the
Covered Servicemember’s family.
Certification forms may be obtained from the Employer.
When a Musician requests leave, the Employer will notify the Musician of
the requirement for medical certification, which will be due fifteen (15)
calendar days after the request for leave. Where medical certification, an
ITO or ITA is incomplete or insufficient, the Employer will advise the Musician
and state in writing what additional information is necessary. The Musician
will then be permitted seven (7) calendar days to procure and resubmit
the certification. The Employer may then authenticate or clarify a medical
certification of a Serious Health Condition, or in the case of a Covered
Servicemember, a Serious Injury or Illness, ITO or ITA. Only individuals
designated by the Employer will be authorized to contact the individual or
entity named in a medical certification.
When leave requested because of a qualifying military exigency involves
meeting with a third party, the Employer may contact the individual or
entity with whom the Musician is meeting for purposes of verifying a
meeting or appointment. The Employer also may contact an appropriate
unit of the Department of Defense to request verification that the covered
military member is on active duty or has been called to active duty status.
In all instances in which certification is requested, it is the Musician’s
responsibility to provide the Employer with complete and sufficient
certification and failure to do so may result in the denial of leave.
The Employer, at its expense, may require an examination of a Musician by
a second Health Care Provider designated by the Employer, if it
reasonably doubts the medical certification initially provided.
If the second Health Care Provider’s opinion conflicts with the original
medical certification, the Employer, at its expense, may require a third,
mutually agreeable, Health Care Provider to conduct an examination and
provide a final and binding opinion. The Musician shall provide to the
Employer information verifying continuing care and treatment and shall
promptly notify the Employer of any change of condition. The Employer
may request, as appropriate, additional information to confirm continued
eligibility for payment under this Article.
In the event a Musician is required to pay a doctor to fill out Medical
Certification forms, the Employer will reimburse the Musician a reasonable
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Dallas Symphony CBA
amount for the cost of filling out such forms. The Musicians will submit an
invoice from the doctor for the amount charged for filling out the forms.
10.13.H.
Reporting While On Leave: If a Musician takes family leave to care for
a spouse, son, daughter or parent with a Serious Health Condition, the
Musician shall inform the Employer at two-week intervals regarding the
Musician’s status and intention to return to work. A Musician on a medical
or family leave will notify the Employer, insofar as is reasonably possible, (a)
of the Musician’s intent to return to work at least five (5) calendar days
before the expiration of the period of leave; or (b) if the Musician will not
be able to return to work on the specified date of return.
10.13.I. Reinstatement: A Musician who returns from an authorized period of
medical leave or family leave will be restored to the same position held by
the Musician when the leave began. If a Musician takes medical leave, the
Musician shall provide medical certification that he or she is able to resume
work at or prior to the time of return from medical leave. Appropriate forms
will be provided by the Employer. A Musician failing to provide the medical
certification form will not be permitted to resume work until it is provided.
10.13.J. Basis For Payment: All payments under this Paragraph shall be made on the
basis of the Musician’s regular Salary rate without any overtime or other
extra entitlements, and shall be offset by the amount of any other
additional compensation whatsoever, including, without limitation,
worker’s compensation and unemployment compensation, received by
the Musician in respect of the Musician’s employment by the Employer for
the same Salary periods.
10.13.K.
Violations of Leave Conditions: If a Musician (a) abuses the medical
leave or sick day provisions and it is shown to the satisfaction of the
Employer that the time away from the Musician’s duties was used in a
manner inconsistent with being ill or unable to play his or her instrument in
the Orchestra; (b) does not return to work at the end of the 12-week family
leave period or when the reason for family leave ends; or (c) abuses the
family leave provision and it is shown to the satisfaction of the Employer
that the time away from the Musician’s duties was used in a manner
inconsistent with the reason for family leave, the Musician may be:
(1) docked pay for the period absent, plus monies paid for a
replacement.
(2) made subject to the provisions of Article 21.2.
10.13.L. Emergency Leave: In the event of death or serious illness to a member of a
Musician’s Immediate Family, the Musician shall be granted emergency
leave not to exceed seven (7) days. In addition, a Musician may submit a
request for an emergency leave to attend a funeral for a family member
not listed in the definition of Immediate Family in Article 8. In such a
situation, the Musician will directly advise the President of the Association
(or the President’s designee) of the circumstances which support the
reasonableness of the request. The President (or his designee) shall have
the discretion to grant an emergency leave not to exceed seven (7) days.
Permission will not be unreasonably withheld. In appropriate circumstances
the President (or his designee) has the discretion to extend an emergency
leave beyond seven (7) days with or without pay. During emergency
leaves granted with pay, the affected Musician shall receive his/her Salary
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Dallas Symphony CBA
but shall not receive any additional payments that may be made to the
Orchestra, including but not limited to overtime, Extra Service payment,
and per diem.
10.13.M.
Holidays: Subject to the provisions of Article 7.2, the following shall
constitute paid holidays: Thanksgiving Day, Christmas Eve after 5:00 p.m.
and Christmas Day, New Year’s Eve after 5:00 p.m. and New Year’s Day,
July 4, and Labor Day. Musicians will receive credit for one (1) Service for
each of the specified paid holidays, as reflected in the Annual Service
Count in Section 13.9. There will be no Services conducted on the specified
paid holidays, except that the Employer has the option to schedule events
on any such holiday upon payment for an extra Service at the rate
provided in Article 10.5. Should a concert Service be required on Easter
Sunday, one (1) additional Free Day will be given in the week in which
Easter Sunday falls. Jewish Musicians who request permission not to perform
Services scheduled on Rosh Hashanah or Yom Kippur will be granted such
permission. Notwithstanding the foregoing, at the Employer's election, the
Employer may schedule a Service for New Year's Eve, in which event such
day shall not be considered a paid holiday under this Article 10.13.M,
subject to the following conditions and limitations: (1) any Service on New
Year's Eve is concluded before 10:30 p.m.; (2) during the week of such
Service(s) there are no more than six (6) Services within four (4) contiguous
days; and (3) up to ten (10) Musicians may use Personal Leave, Paid Leave,
or unpaid leave to opt-off from New Year’s Eve Services, which will be
determined on a first come, first serve basis and in the discretion of the
Personnel Manager or his/her designee. Beginning with the 2016-2017
Season, there shall be no scheduled services during the week between
Christmas Day and New Year’s Day, except services for a New Year’s Eve
performance.
10.13.N.
Insurance: Subject to subparts (1) and (2) of this Section 10.13N, the
Employer will provide life insurance, Long Term Disability insurance, and an
elective benefit plan including medical insurance benefits, dependent
care assistance benefits, and medical reimbursement benefits that
qualifies as a “Cafeteria Plan” under Section 125 of the Internal Revenue
Code, as amended. The terms of such insurance and benefit plans, which
are covered under the Employee Retirement Income Security Act of 1974,
as amended, are solely as provided in the applicable insurance policies
and plan documents (as modified effective November 1, 1994), each of
which the Union has reviewed and hereby approves and agrees to. The
employer will pay fifty percent (50%) of the cost of elected dependent
health coverage under the applicable benefit plan or policy. So long as
the level of benefits of the benefit plans and insurance policies provided
under this Paragraph are not reduced thereby, the Employer shall maintain
the right at its discretion to amend, alter, substitute, or replace any of such
plans or policies, and to change insurance carriers; and the Employer and
the Union hereby unqualifiedly waive the right and each agrees that the
other shall not be obligated to bargain collectively with respect thereto.
Notice of any such amendment, alteration, substitution, or replacement of
plans, or change in carriers shall promptly be given to the Union by the
Employer. The Union acknowledges and agrees that the revised health
insurance plan made available by Aetna to become effective 1/1/05
complies with the provisions of this Section.
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Dallas Symphony CBA
(1) Notwithstanding the foregoing, the Association's obligation to pay
for medical benefits (including dental) shall be limited to the
following amounts for each participating Musician on a calendar
year basis: 2016 - $17,796; 2017 - $17,796. These amounts shall be
prorated for each Musician who does not participate for an entire
calendar year. In the event that in a calendar year the Employer's
actual medical benefits expense is less than the foregoing
applicable amount, the surplus shall be made available to
supplement the amount the Employer is obligated to pay for
medical benefits in subsequent calendar years covered by this
Agreement. In the event the cost for maintaining the current level
of medical benefits in a calendar year is projected to exceed the
amount of the Employer's obligation as set forth above, the matter
shall be referred to the Health Benefits Committee, as defined
below, to review options for dealing with the deficit. Unless the
Union members of the Health Benefits Committee decide
otherwise, such deficit, net of any surplus(es) from any prior year(s),
shall be made up through pro-rata monthly premium contributions
by Musicians and Librarians participating in the medical benefits
plan.
(2) The Employer and Union shall establish a committee ("Health
Benefits Committee") which shall meet at least quarterly to review
and discuss the quality, cost and funding of medical benefits
provided for under this Agreement. In the event the cost for
maintaining the current level of medical benefits in a calendar year
is projected to exceed the amount of the Employer's obligation as
set forth above, the Union members of the Health Benefits
Committee shall have the authority to make decisions to change
carriers and/or modify benefits for the purpose of eliminating the
deficit without monthly premium contributions from the Musicians
(or to minimize such monthly contributions). The Committee's
authority shall include, but shall not be limited to, making decisions
to modify the Employer's payment toward the cost of elected
dependent coverage. The decisions of the Committee shall be
binding for the entire calendar year.
(3) The Association, in consultation with the Health Benefits Committee,
may implement a wellness program that includes tobacco use and
biometric screening. The Committee may designate up to $200 of
the Association’s annual per Musician medical benefit contribution
(set forth in Article 10.13.N.1) towards each individual Flexible
Spending Account as an incentive to participate in wellness.
(4) The Employer and Union will establish a “Health Care Task Force” to
study the current structure by which the Association provides health
care to its musicians, and explore and recommend alternative
structures including, but not limited to, the possibility of partial selfinsurance. The Health Care Task Force has no authority to bargain
or make changes to health care, but it may make non-binding
recommendations. The Health Care Task Force will consist of three
Musicians, who are selected by the Player’s Committee, two
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Dallas Symphony CBA
members of the Executive Board of Directors who are selected by
the DSA, and two DSA staff members who are selected by the DSA.
The President will be involved as he deems necessary. The Health
Care Task Force will meet once per month, beginning no later than
October 30, 2015. The President must attend at least three meetings
before December 31, 2016. On or before December 31, 2016, the
Health Care Task Force will report its findings and any
recommendations to a joint meeting of the Negotiating Committee
and the Executive Board.
10.13.O.
Tenure: If an Untenured Musician is offered a second (2nd)
consecutive Season contract of employment under the provisions of Article
12 of this Agreement, he may request tenure, such request to be made in
writing and brought to the attention of the Music Director. In any event,
any Musician who signs a contract for employment for a third (3rd)
consecutive Season shall be deemed tenured provided that the
requirements set forth in provision 20.8 have been met.
10.13.P.
Severance: A Musician whose services are involuntarily terminated by
the Employer other than for cause as referred to in Article 21.2, shall
receive severance pay in an amount equal to five hundred dollars ($500)
for each year of service by the Musician except for those periods during
which the Musician was on leave of absence as referred to in Article 10.10
and 10.13.C.
10.13.Q.
Retirement and Pension: The Dallas Symphony Orchestra Retirement
Plan (Retirement Plan) shall continue in effect for the term of this
Agreement, with such changes in form and substance as may be
necessary to meet the requirements of the law, to conform to the terms of
this Agreement as amended, and to effectuate the mutual objectives of
the parties.
(1) The terms of the Retirement Plan are as set forth in the plan
instruments. The principal provisions of the Retirement Plan are
furnished periodically to all Musicians in accordance with
applicable laws; reference is made to such information and to
the plan itself for details concerning eligibility, definitions of
terms, vesting provisions, and the like. All of the terms placed
within quotation marks in this Section have such meanings as
are defined in the Retirement Plan.
(2) The “Normal Pension“ will be one-thousand, nine-hundredtwenty dollars ($1,920.00) per calendar month, i.e. $23,040 per
year for a Musician at or above Normal Retirement Age with at
least 30 years of Pension Credit.
(3) The amount of the “Reduced Pension” will be a monthly
amount equal to sixty-four dollars ($64.00) for each full year of
“Pension Credit. “
(4) The cost of the actuarial charge for the pre-retirement death
benefit annuity (pre-retirement joint and survivor annuity) will be
paid by the “Pension Fund” rather than by the Musician.
(5) Retirement Plan Contributions will be paid quarterly.
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Dallas Symphony CBA
(6) All years of service credit (including years prior to 1972) will be
used in computing pension credits. However, a Musician’s years
of service credit after August 31, 1998, will not be used in
computing the dollar amount of any pension under the
Retirement Plan, except that such years of service credit will be
used in determining (i) whether he/she has earned a Reduced
Pension, an Early Retirement Pension or a Deferred Retirement
Pension, (ii) whether the combination of his/her age and years
of Pension Credit equal to 85 for purposes of paragraph
10.13.Q.7. below, and (iii) whether he has earned the minimum
pension described in paragraph 10.13.Q.8. below.
(7) In the event a Musician retires prior to age 65 (Normal
Retirement Age) but with a combination of age and years of
Pension Credit equal to 85, his/her pension will not be
actuarially reduced, i.e., it will be $64 per month for each year
of Pension Credit up to 30 years of service.
(8) If a Musician has at least 30 years of Pension Credit, and if
his/her age and years of Pension Credit total 85 or more during
the period from September 1, 1998 through August 31, 2003
while he/she was an active Musician, the monthly amount of
the Musician’s Pension under the Retirement Plan (when
expressed as a single life annuity) will not be less than the
amount by which two thousand five hundred dollars ($2,500.00)
exceeds the monthly amount of the pension payable to the
Musician under the American Federation of Musician and
Employers’ Pension Fund (when similarly expressed). However,
in no event shall this Agreement require the Retirement Plan to
accrue any benefits that would cause the Retirement Plan to
fail to satisfy the qualified plan requirements of Section 401(a) of
the Internal Revenue Code. If this Agreement would require
the Retirement Plan to accrue any benefits but for the
preceding sentence, the Employer agrees to provide
equivalent benefits in another manner.
(9) Effective September 1, 2009, the Association shall pay, on
behalf of each fully contracted musician, an amount equal to
seven percent (7%) base weekly compensation to the
American Federation of Musicians and Employers’ Pension Fund
(“Fund”), created pursuant to trust indenture dated October 2,
1959. Effective April 1, 2011, in accordance with the
contribution schedule of the rehabilitation plan adopted by the
Board of Trustees of the Fund on April 15, 2010 (“2010
Rehabilitation Plan”), which is incorporated herein by
reference, the Association’s contribution rate will be 7.63% so
long as the 2010 Rehabilitation Plan is in effect.
(10) Effective September 1, 2010, the Association will begin making
a pension contribution on behalf of each Part-Time Musician
and Extra Musician in an amount equal to 4% of their base
weekly compensation. The Association shall make such
payments and submit reports to such places and in such form
as the Fund Trustee shall designate. Effective April 1, 2011, in
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Dallas Symphony CBA
accordance with the contribution schedule of the 2010
Rehabilitation Plan, the Association’s contribution rate will be
4.36% so long as the 2010 Rehabilitation Plan is in effect.
10.13.R.
Personal Days: Each Musician will receive two (2) personal days leave
per Season with prior permission of the Personnel Manager. The Personnel
Manager may not ask a Musician the reason for the requested personal
day.
(1) Personal Days may be denied by the Music Director for classical
subscription concerts only.
(2) Personal Days will always take precedent over String Relief.
(3) Requests for Personal Days will be made twenty-one (21) days in
advance of the date requested.
(4) Any leave beyond the two (2) Personal Leave Days guaranteed in
this Paragraph will be called “Paid Leave.” Paid Leave will be
subject to 13.5.
(5) Unless otherwise provided in a Musician’s individual agreement,
requests to use Paid Leave must be submitted to the Personnel
Manager at least two (2) months in advance of the date
requested.
(6) Notwithstanding anything to the contrary in this Article 10.13.R.,
any Musician who performs scheduled mandatory services during
Thanksgiving week will receive one (1) additional Personal Leave
Day to use during the remainder of that season.
10.13.S. Instrument Insurance: Each Musician will be provided instrument insurance
coverage up to a total of $75,000 based on the appraised value of the
instrument(s) that will be determined at the rate of the Dallas Symphony
group policy. This coverage applies only to the instrument(s) the Musician
uses in performing his/her duties for the Orchestra.
11. PENSION FUND CONCERTS
11.1. Services and Proceeds.
Musicians will contribute two (2) Services (one (1) rehearsal and one (1) benefit concert
performance) for each Season of this Agreement, in addition to the regular weekly Services,
to assist the Employer in funding its contributions to the Retirement Plan. The Employer will
advertise and represent the concert performance as being for the primary purpose of
funding a retirement plan or pension fund contribution for the Musicians. Proceeds from such
concert performance shall be used by the Employer to meet its Retirement Plan contribution
obligations. The week the Pension Fund Benefit Services are scheduled may have no more
than eight (8) other Services scheduled except for Services for which an Extra Service fee is
paid.
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Dallas Symphony CBA
11.2.
Tape Duplication and Sales.
The Employer may duplicate and sell tapes made from pension fund benefit concerts
throughout the country, on a one (l)-time per area basis. Any and all proceeds derived from
such sales shall be utilized by the Employer to offset its contributions to the Retirement Plan.
11.3.
Excess Contributions.
If the net funds earned from such benefit performances exceed the Employer’s Retirement
Plan contribution obligation for that Season, the excess will be put into a special fund,
administered by a committee made up of Musicians and management representatives of
the Employer.
12. INDIVIDUAL AGREEMENTS
12.1. Offer for Ensuing Season.
The Employer shall, by February 1 of each Season, offer to each Musician an individual
agreement for the ensuing Season, unless procedures for dismissal under the provisions of
Article 21.1 (Dismissal for Incompetence), or Article 21.2 (Dismissal for Cause), have been
invoked.
12.2.
Contract Form.
Musicians’ individual written agreements shall adhere to the form of contract attached
hereto as Appendix 1. No supplemental provisions of a Musician’s individual agreement will
be in conflict with any provision of this Agreement. The Employer will supply a copy of each
individual agreement to the Union.
12.3.
Response.
A Musician who has received an offer of an individual agreement pursuant to Paragraph
12.2 of this Article shall notify the Employer as soon as possible, but not later than March 1, of
his or her intention to accept or reject the offer. Provided, however, that up to thirty (30)
days’ additional time in which to reply will be granted upon written mutual agreement
between the Association and the Musician. In the event a Musician does not return a signed
individual agreement pursuant to the provisions of this Paragraph, the individual agreement
shall be deemed rejected.
13. SCHEDULES
13.1. Seasonal Schedules.
A tentative Schedule of the Regular Subscription Season will be given to all Musicians 90 days
prior to the first (1st) Service of each Season. A tentative Schedule of the Summer Season will
be given as soon as possible, but no later than March 1.
13.2.
Weekly Schedules.
Weekly Schedules will be distributed to the Musicians and posted on the bulletin board five
(5) weeks in advance of the first (1st) day of posted Services. Should the Employer require
changes, such changes must be approved by two-thirds (2/3) the Musicians present; such
approval shall not be arbitrarily withheld.
13.3.
Scheduling Advisory Meetings.
A scheduling meeting may be held at a mutually convenient time between representatives
of the Employer and of the Musicians, at the request of either party, for the purpose of
informing the Musicians of any contemplated changes in scheduling.
13.4.
Posting of the Rehearsal Schedule.
On Friday preceding each Regular Subscription Season week, the Employer shall post a
listing of the order of works to be rehearsed at each subscription rehearsal the following
week, and the parts requiring doubling. In the event it is necessary to change the order
and/or the works to be rehearsed, the Musicians shall be given at least twenty-four (24) hours
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Dallas Symphony CBA
notice whenever possible. The Personnel Manager will attempt to determine the personnel
needs for the second (2nd) half of every rehearsal.
13.5.
String Relief.
13.5.A. The Employer will provide each string player twelve (12) Services off each
Season by rotation. The following Services shall be rotatable:
ž
ž
ž
(1)
All Subscription Pops
All Parks Concerts
All Youth Concerts
Other Services may be rotatable at the discretion of the Employer.
The maximum string complement for Subscription Pops and for free
Parks concerts shall be 6, 5, 4, 4, and 3 stands for up to and including
three (3) Subscription Pops weekends and associated rehearsals as
designated by the Employer.
13.5.B. Every reasonable effort will be made to provide an equal number of
rotated services per Season for each Musician within each string section.
Any string player who receives less than twelve (12) Services off by rotation
in a Season shall receive his/her Extra Service rate for each Service less
than twelve (12) rotated Services.
13.5.C. Except as provided in 13.5.D, string players will be charged with one
rotated Service for every six (6) absences. Personal leave days and
Musician’s Floating Vacation Week will not be counted in a Musician’s
absence totals.
13.5.D. String players who are absent due to Sick Days, Medical Leave, or LongTerm Disability will be charged with one rotated Service for every ten (10)
absences from non-rotated Services.
13.5.E. Musicians may submit requests for specific relief Services and the Employer
will make reasonable efforts to accommodate such requests. Priority in
accommodating requests will be based on the order in which requests are
made. Requests for personal leave will take precedence over requests for
rotation. Musicians will be notified of their rotated Services two weeks in
advance. Posting of the seating chart will suffice as notification of rotation
requests.
13.6.
Vacations.
13.6.A. Four (4) consecutive vacation weeks each year will be scheduled
between June 1 and August 31.
13.6.B. At least one (1) week per Season will be assigned as a vacation period for
the full Orchestra during the period of December 15 to January 15.
13.6.C. Vacation weeks will be Monday through Sunday of the period determined
by the Employer.
13.6.D. Except for the block vacation periods, vacations of the Musicians may be
rotated so that some unit of the Orchestra can function at all times during
the Season, as specified below:
(1)
One (1) or two (2) ensembles may perform Services, and the balance
of the Musicians may be assigned vacations. The Musicians assigned
vacations may then be required to perform Services during periods
when other units of Musicians are on vacation.
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Dallas Symphony CBA
13.6.E. Vacations will be scheduled and posted by the Employer at the beginning
of each Season. Such schedules may be altered or amended at any time
with the mutual consent of the Employer and the individual(s) affected by
such change. All Musicians shall be entitled to their annual vacation at the
Salary rate stipulated in their individual agreements.
13.7.
Consecutive Days Off.
Eighteen (18) times per Season there will be two (2) consecutive days off. Four (4) or more
consecutive days off will count as two (2) instances of “consecutive days off.”
13.8.
Rescheduling.
Up to three (3) Services per Season may be rescheduled not later than one (1) week before
that Service. Up to three (3) Services per Season may be rescheduled for emergencies
occurring beyond the control of the Employer or any time before the Service is to begin.
Rescheduling of such Services may be done without regard to other rules in this Agreement,
except that not more than two (2) Services per day may be scheduled. A traveling expense
of five dollars ($5.00) will be paid for the make-up concerts rescheduled under the above
rules. No traveling expense will be paid if notice of cancellation is received by Musicians not
later than one-and-one-half (1-1/2) hours prior to the scheduled starting period. Notice may
be given by such media as have been specified by the Employer.
13.9.
Annual Service Count.
The individual Musician Service count as distinguished from the total annual Service count for
the Orchestra shall be limited to 337 Services, exclusive of those Services for which Extra
Service fees are paid. The Orchestra Service count shall remain at 345 Services, exclusive of
those Services for which Extra Service fees are paid.
14. SERVICES
14.1. Duration of Services.
14.1.A. The total time for any Service under this Agreement shall not exceed two
and one-half hours except that the following Services may be up to three
(3) hours in length without any requirement to pay overtime:
(1)
Electronic Media Services;
(2)
Family education concert performances;
(3)
Dress rehearsals and performances of concert operas, oratorios or
symphonic works with chorus with a duration of ninety (90) minutes or
longer, using Daniels’ “Orchestral Music” as the reference to
determine duration of work. A three-hour dress rehearsal will also be
permitted without overtime penalty for Mahler’s Eighth Symphony.
14.1.B. When two (2) Services are held during a Work Day, any Service that
qualifies as an Electronic Media Service may be up to three (3) hours in
length without any requirement to pay overtime.
14.1.C. When two (2) rehearsals are held during a Work Day, one (1) rehearsal may
be up to two and one-half (2 and ½) hours duration except for the
rehearsal Services outlined in Article 14.1.A.(3) which may be up to three
(3) hours in length without any requirement to pay overtime. In either
event, the other rehearsal may be up to two (2) hours duration.
14.1.D. When a rehearsal and a concert are held during a Work Day, one (1)
Service may be of two and one-half (2 and ½) hours duration and the
other Service may be of two and one-quarter (2 and ¼) duration with the
following exceptions:
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Dallas Symphony CBA
(1)
If one of the concert Services outlined in Article 14.1.A.(2) or 14.1.A.(3)
takes place during a Work Day, then any other rehearsal held that
day shall not exceed two (2) hours;
(2)
On days when classical subscription concerts are scheduled in the
evening, rehearsals not pertaining to that evening’s program shall be
limited to two (2) hours;
(3)
On days when two (2) fifty (50) minute youth concerts are performed,
then any other rehearsal held that day shall not exceed two and onequarter (2 and ¼) hours except that rehearsals for Pops, Parks, Sunday
Fest, Youth, High School and Corporate performances shall not
exceed two (2) hours.
14.1.E. When two (2) concerts are held during a Work Day, the duration of each
concert shall not exceed two and one quarter (2 and ¼) hours with the
exception that if one of the concert Services outlined in Article 14.1.A.(2) or
14.1.A.(3)takes place during a Work Day, then any other concert held that
day shall not exceed one and one-half (1 and ½) hours.
14.1.F. Corporate Concerts, Casual Fridays and other similar type concerts
performed without an intermission shall not exceed seventy-five (75)
minutes of actual playing time.
14.1.G. When a concert Service is changed to a rehearsal Service within five (5)
weeks of the date of the Service, the rehearsal shall not exceed two (2)
hours in duration. If, however, the cancelled or modified Service is a Youth
concert, any other rehearsal held that day may be two and one-half (2
and ½) hours, provided the Musicians are provided seventy-two (72) hours’
notice that the duration of the rehearsal has been increased.
14.1.H. The Employer may not schedule Saturday rehearsals except for concerts
involving Chorus, for concerts involving the Greater Dallas Youth Orchestra
and up to two (2) additional Saturday rehearsals.
14.1.I. The Employer will not schedule Sunday rehearsals except for up to two (2)
Sunday rehearsals per Season. The Employer will not schedule evening
rehearsals except for concerts involving Chorus and except for up to three
(3) non-Chorus rehearsals per Season connected with fund raising. Such
non-Chorus rehearsals shall be limited to two (2) hours if it is the second
rehearsal of a two-rehearsal day or if it is necessary to hold auditions during
the regular morning or afternoon service period. If an audition is held on
the morning of a day on which two non-Chorus rehearsals are scheduled,
there will be at least two and one-half (2 and ½) hours between the end of
the auditions and the beginning of the first rehearsal.
14.2.
Extra Services.
The Employer may schedule Extra Services, each of which shall be designated as either a
“Mandatory Extra Service” or an “Optional Extra Service.” All Extra Services shall be paid in
accordance with Article 10.5.
14.2.A. The Employer may schedule Mandatory Extra Services in accordance with
the following:
(1) Extra Service pay shall be paid for the ninth (9th) or greater Service
scheduled in any week, except that eight (8) weeks during the Season
may be nine (9) Service weeks without penalty of overtime, in
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Dallas Symphony CBA
exchange for a block week off. All best efforts will be made to
schedule the block week contiguous to a vacation week. No more
than three (3) consecutive nine (9) Service weeks may be scheduled
during a Season.
(2) The Employer may schedule one (1) ten-service week each Season.
(3) Pension Fund Benefit Services are not included in the regular Service
count. The week the Pension Fund Benefit Concert Services are
scheduled may have no more than eight (8) other Services scheduled
except for Services for which an Extra Service fee is paid.
(4) In the event of an emergency, an additional Service of symphonic
repertory may be scheduled that shall not be subject to the foregoing
limits on nine- and ten-service weeks; provided, however, that the
additional emergency Service must be announced at least 24 hours in
advance. Said additional emergency Service shall be paid as an Extra
Service in accordance with Article 10.5.
14.2.B. The Employer may schedule Optional Extra Services in accordance with
the following:
(1) Optional Extra Services are not subject to the limitations in Article
14.2.A. or Article 14.3 (Free Days).
(2) Musicians will be offered the opportunity to perform Optional Extra
Services and such work will be rotated as equitably as possible;
however, performance of Optional Extra Services is strictly optional,
and no Musician shall be required to perform any Optional Extra
Service.
14.3.
Free Day.
14.3.A. Sixteen (16) Mondays may be used for Services, provided another day of
that week is free of all Services.
14.3.B. Services may not be performed on more than six (6) consecutive days.
14.3.C. There shall be no Service or travel on a Free Day.
14.3.D. Notwithstanding the limitations in Articles 14.3.B. and 14.3.C., one (1) time
per Season, the Employer may schedule one (1) Mandatory Extra Service
on a Free Day, and it will be part of that week’s service count. A
Mandatory Extra Service that is scheduled on a Free Day shall be paid at
the rate of four-sixteenths (4/16) of the Musician’s regular weekly Salary
14.4.
Commencement of Services.
14.4.A. No Service shall commence before 9:30 a.m.
14.4.B. Afternoon rehearsals will end no later than 6:00 p.m.
14.4.C. The next Service following the conclusion of any evening Service shall take
place no earlier than twelve (12) hours after the conclusion of the evening
Service; however, this interval may be reduced to eleven (11) hours with
the approval of three-fourths (3/4) of the Musicians.
14.4.D. Musicians shall assemble at least fifteen (15) minutes prior to the beginning
of a Service. All members of the Orchestra called for in the particular work
to be played, with the exception of the concertmaster, will be in their
places on stage at least five (5) minutes prior to the beginning of such
Service. Any Musician not on stage and ready to play at the conclusion of
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Dallas Symphony CBA
an intermission period, unless previously excused by the Conductor or his
designated representative, may be subject to a fine, at the rate set forth in
14.4.E. of this Article. The beginning of a Service shall be determined by
when the Service is scheduled to begin. The end of a rehearsal will be
determined by when the Service is scheduled to end. The end of a
Concert will be determined when the last note of music on the stage is
played, whether it is by the orchestra or a guest soloist/artist.
14.4.E. Tardiness: If a Musician arrives late for any Service, a deduction may be
made from his/her Salary, such deduction to be computed in fifteen (15)
minute segments, pro rata, of his/her Salary, based on a nineteen-and
one-half (19-1/2) hour Work Week, at the discretion of the Personnel
Manager.
14.4.F. Number of Services:
(1)
There shall be no more than two (2) Services in any one (1) Work Day,
and there shall not be more than one (1) Subscription Concert played
in the same Work Day, except up to five (5) times per year, two (2)
Subscription Concerts may be played in the same Work Day,
provided that one (1) of the Subscription Concerts is not longer than
ninety (90) minutes. A Service may not be scheduled on the Sunday
after a day when two (2) Subscription Concerts are played in the
same Work Day.
(2)
Two (2) fifty (50)-minute youth concerts consuming no more than twoand-one-half (2-1/2) hours, including intermission, shall constitute one
(1) Service. There shall not be more than one (1) Service of such youth
concerts in one (1) day.
(3)
Two (2) sixty (60)-minute Family Education Concerts which together
consume no more than three (3) hours, including intermission, shall
constitute one (1) Service. There shall be no more than one (1) such
Family Education Concert Service in one (1) day and no more than
five (5) such Services in each Season.
14.4.G. Intermission:
(1)
During each Service, an intermission will occur no later than one-andone-half (1-1/2) hours from the start of the Service, but this
requirement shall not be construed so as to interrupt any composition
during a dress rehearsal or concert.
(2)
The length of intermission shall be as follows:
Service
Three (3)-hour rehearsal
Two-and-one-half (2-1/2) hr. rehearsal
Two-and-one-quarter (2-1/4) hr. rehearsal
Two (2)-hour rehearsal
Concert
(3)
Intermission
25 minutes
20 minutes
17.5 minutes
15 minutes
20 minutes
Should one-half (1/2) hour of overtime be scheduled, then there shall
be a five (5)-minute intermission, inclusive. Should a full hour of
overtime be scheduled, there shall be two (2) five (5)-minute
intermissions scheduled.
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Dallas Symphony CBA
(4)
An intermission during the final rehearsal before a concert, or unless
otherwise approved by the Players’ Committee, may be divided into
two (2) periods, the shorter of which shall be five (5) minutes. When so
divided, the shorter, five (5)-minute intermission shall be used only to
accommodate the movement of physical properties on or off stage
or to change the seating arrangement on stage.
14.4.H. Sectionals:
Eight (8) sectional rehearsals may be performed each Season, for either full or
divided Orchestra, and shall be limited to symphonic and/or classical repertory.
14.4.I. Outdoor Services:
(1)
The Employer will provide bathroom facilities for all outdoor Services
longer than one-and-one-half (1-1/2) hours in duration.
(2)
The Employer will make every reasonable effort to end outdoor
rehearsals by 12:00 noon.
(3)
A canopy will be provided for all outdoor Services. In no
circumstances will a Musician be required to play in the rain if the
Musician or his or her instrument is getting wet.
(4)
The Employer will make a best effort to avoid scheduling outdoor
concerts in the State of Texas between June 15 and September 1
unless the concert is to fulfill a requirement for a major donor or
celebrate the July 4 holiday.
(5)
All outdoor services shall be performed within a temperature range of
65 to 99 degrees (inclusive) Fahrenheit, based on a thermometer
which shall be kept by the Personnel Manager for the service in
question. If the official thermometer reads less than 65 degrees
Fahrenheit or more than 99 degrees Fahrenheit at the time the service
is scheduled to begin, the Employer may request a delay in the start
of the service of up to 10 minutes. If, after a 10-minute delay, the
temperature is still not in the acceptable range, individual musicians
may elect not to play the service, without penalty. Once the service
begins, musicians may not refuse to play based on temperature. This
temperature provision will not apply to Vail Festival Residency services
and to services celebrating the July 4 holiday. For outdoor services
celebrating the July 4th holiday occurring outside of the 65 to 99
degrees (inclusive) Fahrenheit guidelines, a maximum of 75 minutes
actual playing time will be allowed.
14.4.J. Time Between Services: When two (2) rehearsals are performed in a Work
Day, an interval of one-and-one-half (1-1/2) hours will occur between the
two (2) rehearsals. On seven (7) occasions in each Season of this
Agreement, the Music Director may elect to extend this interval.
14.4.K. Amplification in the Base of Operations: The Employer shall not use
microphones for use of amplification on any tutti chair during more than
four (4) programs in each Season.
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Dallas Symphony CBA
15. TRAVELING BEYOND THE BASE OF OPERATIONS
15.1. General.
15.1.A. Maximum Number of Services: Not more than forty-five (45) Services per
Season per Musician may be assigned beyond the Dallas Arts District
(excluding the Perot Museum of Nature and Science), and not more than
thirty (30) of these Services may be used on Run Outs and Tours. The
maximum number of rehearsals that may be performed on Run Outs is
twelve (12) Services. Should Services in excess of this maximum be
scheduled, performance of such Services shall be optional on the part of
each Musician, and any Musician performing such Service shall receive
additional compensation equal to his/her three-sixteenths (3/16) of his/her
weekly Salary. Foreign tours are excluded from the limitations in Article
15.1.A.
15.1.B. Departures and Returns:
(1)
Departure from a hotel to a place of performance shall not be less
than two-and-one-half (2-1/2) hours after the arrival at the hotel,
except in case of emergency. If the schedule requires departure less
than two-and-one half (2-1/2) hours after arrival, not including
emergencies, each Musician engaged in such travel shall receive
additional compensation of seven dollars ($7.00) for each fifteen (15)
minute segment of time.
(2)
In the event that a Service or Services are to be performed beyond
the Metropolitan Area, departure from the point of origin shall not be
prior to 9:00 a.m.
(3)
A return to the designated arrival point or to the hotel following a
Service shall not be later than 12:00 a.m.
(4)
No travel shall occur prior to ten (10) hours subsequent to arrival at a
hotel following the evening Service.
(5)
In the event that return to the Base of Operations following an
overnight stay is 12:00 noon or earlier, an evening Service may be
held on that day.
15.1.C. Commencement of Services.
(1)
No more than one (1) Service may be scheduled on the day following
out-of-town travel by the Orchestra in excess of a sixty (60)-mile
Radius from the Base of Operations. Such Service shall commence
not less than twelve (12) hours after arrival at the Base of Operations
following such travel.
(2)
No Service shall commence earlier than twelve (12) hours after arrival
at the Base of Operations following a Run Out or Tour.
15.1.D. Maximum Travel/Play Time.
(1)
Maximum travel time for any one (1) day shall not exceed a total of
four-and-three-fourths (4-3/4) hours. Maximum travel and playing time
in anyone (1) day shall not exceed a total of seven-and-one-fourth
(7-1/4) hours. Meal stops of one (1) hour and rest stops of fifteen (15)
minutes every two (2) hours are excluded from the foregoing
maximum travel time.
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Dallas Symphony CBA
(2)
Should the Orchestra be required to travel past deadlines as
established in this Agreement, then each Musician engaged in such
travel shall receive additional compensation of seven dollars ($7.00)
for each fifteen (15) minutes of travel time.
15.1.E. Per Diem.
(1)
Meals Shall be compensated as follows:
• Breakfast - If departure before or return is after 9:00 a.m.
• Lunch- If departure is before or return is after 12:00 noon.
• Dinner – If departure is before, or return is after 6:00 p.m.
(2)
Incidentals shall be paid for each day on which the Orchestra is
outside the BOA.
(3)
Meals and Incidental Pay Rates: For Domestic Tours, the meal and
incidental expense rate shall be adjusted on the first anniversary date
of this contract, and annually thereafter. During the term of this
Agreement, rate changes shall be determined by comparing the
percentage change between the anniversary dates in accordance
with changes in the “Consumer Price Index revised - Urban Wage
Earners and Clerical Workers National all items (1982-84=100). “ In no
year shall the per diem amounts decrease from the previous year
level. For the 2015-16 Season, per diems shall be as follows:
•
•
•
•
•
(4)
Breakfast
Lunch
Dinner
Metro Inc.
Tour Inc.
$15.96
$19.18
$35.15
$17.34
$33.75
On Tours to major metropolitan centers, these per diem rates will be
revised by mutual agreement to reflect the reasonable cost of eating
in those cities.
15.1.F. Lodging:
(1)
The Employer will make advance arrangements and be responsible
for payment for rooms on behalf of the Musicians when overnight
arrangements are necessary on the basis of one person per room for
overnight lodging. Such accommodations shall be of quality
equivalent to a Mobil Guide three star or higher rating. When
accommodations meeting the foregoing standards are unavailable,
the Employer shall secure the best available accommodations.
(2)
When two (2) Services occur beyond the BOA or the Orchestra arrives
at the hotel three (3) hours prior to a concert, Musicians shall be
furnished motel or hotel rooms at day room rates, with a maximum of
two (2) persons per room. Should a Musician not desire
accommodations, the Musician must so notify the Personnel Manager
at least one (1) week in advance of departure.
15.1.G. Transportation:
(1)
When the Orchestra travels beyond twenty (20) miles from the Base of
Operations, the Employer will provide transportation.
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Dallas Symphony CBA
(2)
No Musician is required to travel in any chartered vehicle when
regular public transportation of the same type to the same
destination ceases because of weather or disaster.
(3)
The Employer shall provide transportation of instruments, instrument
trunks, and all special equipment when the Orchestra is required to
travel. The Employer shall provide insurance on instruments that are
either being moved by the Employer during travel, or pursuant to the
direction of the Employer are left by the Musician at the summer
location. Travel insurance for Musicians shall be $100,000.
(4)
When travel by the Orchestra is by air, any Musician prevented from
traveling by air for valid medical reasons shall be excused from such
travel and shall proceed to the Orchestra’s next destination at the
direction and expense of the Employer, traveling, if necessary, on
Free Days and in excess of the daily maximums.
(5)
The Employer will not require a husband and wife who are both
members of the Orchestra to travel on the same airplane, and will
pay one-half (1/2) the cost of coach air fare for one (1) such spouses
refusing to fly under this provision. Such Musician will not be penalized
for Services missed if caused by the use of alternate transportation.
(6)
If a member of a Musician’s Immediate Family is traveling with the
Orchestra with the permission of the Employer, and such family
member for valid medical reasons is prevented from traveling by air,
the Musician shall be excused from such travel and shall proceed to
the Orchestra’s next destination at the direction and expense of the
Employer, traveling if necessary on Free Days and in excess of the
daily maximums.
15.1.H. Dressing Rooms: When the Orchestra performs away from the Base of
Operations, dressing rooms, instrument rooms and backstage areas when
provided, are to be locked or guarded. Management will provide a trunk
that can be locked for purses and valuables at all Services during all tours.
15.2.
Metropolitan Area Travel.
Within the Metropolitan Area, those Musicians who are required to travel more than eight (8)
miles between schools in order to perform two (2) school Services on the same day will each
be paid three dollars ($3.00).
15.3.
Tour Travel.
15.3.A. Length of Tour. Tours may not exceed a total of twenty-one (21)
consecutive days.
15.3.B. Number and Type of Services:
(1)
Rehearsals:
•
•
If a rehearsal other than an acoustical rehearsal is held on Tour,
the rehearsal shall not exceed one-and-one-half (1-1/2) hours,
except that two (2) times per Tour, the Employer may schedule
a rehearsal of two-and-one half (2-1/2) hours on a non-travel
day.
Acoustical rehearsals of up to 30 minutes will be permitted on
Tour and will count as one-half (1/2) Service. Such acoustical
rehearsals may be scheduled up to four times per Season and
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Dallas Symphony CBA
•
will be scheduled so as to conclude at open house time. Such
acoustical rehearsals will be conducted by the Music Director
unless otherwise agreed upon by the Players’ Committee.
Rehearsal repertory while on Tour shall be limited to Tour
repertory.
(2)
On Tours of one (1) or more weeks, if an eight (8)-Service week is
scheduled, it will have two (2) Services limited to one (1) hour’s
duration.
(3)
If two (2) performance Services occur on a Tour day, one (1) of the
Services may not be a “subscription style, Classical” performance
unless it is no longer than 70 minutes’ playing time.
(4)
On Tour, two (2) concerts may not be performed on the same day. if
the locations are more than twenty-five (25) miles apart. Two (2)
concerts scheduled and performed within a distance of twenty-five
(25) miles may be performed provided at least four (4) hours elapse
between the conclusion of the first (1st) performance and the
commencement of the second (2nd) performance.
15.3.C. Free Days:
(1)
There shall be a minimum of fourteen (14) days in Dallas, Texas,
between scheduled Tours of fourteen (14) days or more.
(2)
If the duration of the Tour is two (2) overnights or more, and less than
eight (8) days, the Tour shall be preceded by of a Free Day.
(3)
If the duration of a Tour is more than seven (7) days but less than
fifteen (15) days, the Tour shall be preceded by a Free Day and shall
be followed by two (2) consecutive Free Days.
(4)
If the duration of a Tour is more than fourteen (14) days but less than
twenty-two (22) days, the Tour shall be preceded by a Free Day and
will be followed by two (2) Free Days.
(5)
If the duration of the Tour is more than twenty-one (21) days, the Tour
shall be preceded by two (2) Free Days and will be followed by three
(3) Free Days.
(6)
Foreign Tours shall be governed by the rules in Section 15.4.
15.3.D. Tour Schedules: Tour schedules shall be made available to members of the
Orchestra at least ninety (90) days prior to departure.
15.3.E. Overtime: On Tour, overtime shall be paid only for each Service performed
in excess of seven (7) per week; except that once during the Season the
Employer may schedule an eight (8)-Service week while the Orchestra is on
Tour without incurring this overtime obligation.
15.3.F. Injury/Illness:
(1)
A Musician who becomes ill or sustains injury while on Tour, to the
extent that he or she cannot continue the Tour, shall be returned to
Dallas or transported to local medical facilities for adequate medical
attention, after which the Musician shall be returned either to the Tour
or to Dallas.
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(2)
If, upon recovery, the Musician is requested by the Employer to return
to the Tour either from Dallas or from another city, arrangements for
such transportation shall be made or approved by the Employer, and
all costs of such transportation shall be borne by the Employer.
(3)
In the event of heath or serious illness of a member of a Musician’s
Immediate Family while the Musician is on Tour, the affected Musician
shall be provided with transportation to Dallas by the Employer. In the
event that the Employer elects to have the Musician then rejoin the
Tour, transportation shall be provided by the Employer.
(4)
In the event of the death of a relative of a Musician who is not a
member of the Musician’s Immediate Family, the affected Musician
may be excused from the Tour upon approval of the Employer. All
arrangements for transportation and resulting costs shall be the
responsibility of the Musician.
15.3.G. Domestic Tour Negotiations. The Negotiating Committee shall negotiate
with the Employer all conditions of Domestic Tours not present in this
agreement.
15.4.
Foreign Tours.
15.4.A. Terms in Article 15.1, 15.2, and 15.3 shall apply to Foreign Tours, except for
15.1.A., and except when the terms in Article 15.1, 15.2, and 15.3 conflict in
regard to Foreign Tours with terms listed in Article 15.4, the terms in Article
15.4 shall apply.
15.4.B. The Employer will provide air transportation for each Musician. Such air
transportation will be on the same airline except in the case of emergency.
All Musicians will travel the same class as much as possible. If first class or
business class seats are used for Musicians, the seats will be assigned only
to full-time Musicians, and will be assigned according to seniority, with the
following exceptions:
•
Musicians whose Individual Musician Contracts guarantee them
seating in first or business class.
•
Musicians who pay for an upgrade, when permitted by the airline.
•
Musicians who pay the total price of the first or business class seat.
•
Musicians who use frequent flyer miles to upgrade, as permitted by the
airline.
•
Musicians whose seniority makes them eligible for first class or business
seats but decline such seats.
•
This provision in no way prohibits the Employer from seating conductors,
staff members, board members and other non-Musicians in first class or
business class seats.
15.4.C. Overtime travel shall not apply to transcontinental travel originating in or
returning to the United States.
15.4.D. Any Musician prevented from traveling by air for valid medical reasons will
be excused from the Tour.
15.4.E. The Employer will not be able to guarantee accommodations, travel or
concert tickets for any guests who wish to travel with Musicians, but will
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provide information to such guests to assist in allowing the guests to make
their own arrangements.
15.4.F. The Employer will provide each Musician with a single room. The Employer
will request hotels to have rooms ready at arrival time. Those Musicians
wishing to share a room with another Musician may do so where
accommodations permit. When two Musicians share a room, any savings
resulting from two Musicians being in one room instead of one each in two
rooms will be split evenly between the Employer and the two Musicians
sharing a room (i.e. the Employer gets 50% of the savings and the two
Musicians split the remaining 50%). Any Musician who does not wish to stay
in the official Tour accommodation may stay elsewhere only if he or she
informs the Employer of such plans at least 90 days prior to departure for
the Tour.
15.4.G. A licensed physician will accompany the Orchestra and will be available
to Musicians and guests. Guests’ medical costs and Services will be paid by
the individual. The physician will stay at the same hotel as the musicians,
will maintain a cell phone, will maintain contact with the hotel, and will be
available at all concerts, and establish office hours at the hotels.
15.4.H. The Employer will maintain daily weekday contact with the Dallas
Symphony Association office to relay messages to and from Dallas.
15.4.I. The Employer will provide shipping crates for all instruments. Musicians and
the Employer will be subject to airline regulations relating to instruments.
Provisions will be made for all instruments to be handled properly to avoid
damage to any instrument during the Tour.
15.4.J. The Employer will provide the number of proper wardrobe trunks agreed
on by the Employer and the Tour Negotiating Committee for performance
clothing. Musicians may bring one suitcase and one carry-on item, both of
which will be subject to airline size and weight restrictions. If a Musician
brings his or her instrument on the plane, that instrument constitutes the
one allowed carry-on item unless airline policy differs. The Association shall
provide insurance for all luggage.
15.4.K. Instrument, life and health insurance will be valid in Europe as provided in
the basic policies. There will be $100,000 per person accidental death
insurance.
15.4.L. If a Musician is injured or taken ill on Tour, his/her medical expenses
incurred while on Tour will be paid by the Employer as a loan for 30 days. It
is the responsibility of the Musician to file the appropriate insurance claims.
15.4.M. Every effort will be made to expedite passage through customs.
15.4.N. An early bus will be available to arrive at the hall one (1) hour before the
scheduled Service. Buses between cities will be air-conditioned. The
Employer will make a best effort to provide buses with air-conditioning
between hotels and concert halls in the same city.
15.4.O. Transportation for all official Tour travel will be provided for Musicians.
Musicians who wish to make their own travel arrangements may do so,
providing that (a) they must inform the Employer at least 90 days before
Tour departure, and (b) they must give the Employer their itinerary prior to
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departing Dallas for the Tour. Musicians who purchase their own airfare
shall be reimbursed within 30 days of submitting required receipts.
15.4.P. For radio and television broadcasts in Europe, Musicians will be paid the
applicable American Federation of Musicians rate.
15.4.Q. The arrival at an airport shall be no more than 60 minutes before departure
unless required by airline policy.
15.4.R. An open-ended ticket will be given to those Musicians requesting such
ticket subject to airline regulations and the availability of seats. An extra
fee may be charged by the airline; such fee must be paid by the individual
Musician.
15.4.S. The travel-play guidelines will remain as outlined in the Master Agreement.
The penalty for exceeding these guidelines will be $7 per 15-minute
segment per Musician. The time spent at concert halls other than actual
rehearsal and performance time, i.e. the time between arrival at the hall
and the beginning of the rehearsal or the concert, as well as time spent at
the hall between the end of rehearsal and the beginning of the concert,
will not count in computation of travel-play time. Days including
transcontinental travel originating in or returning to the United States will be
exempted from travel time restrictions. Also exempted will be travel delays
resulting from mechanical failure or other factors beyond the control of the
Employer.
15.4.T. Per Diem will be paid at the US Department of State rates, Effective 60 days
before departure, for each city of the Tour. Per Diem will not be paid for
breakfasts when breakfasts are provided by the hotel. The Employer will
insure that each hotel will include at least one protein item (i.e. eggs,
meat, cheese, yogurt) in the breakfasts offered. For computation purposes,
breakfasts will be figured as 20% of the USDS max meal and incidentals
figure, lunch 30%, supper 40% and incidentals 10%. Per Diem will be paid for
meals occurring during airplane travel.
15.4.U. Prior to departure from Dallas, each Musician will be paid the equivalent of
$25 in the currencies of each country visited on Tour, such payments being
considered part of each Musician’s per diem total. The exchange rate will
be that in effect 60 days prior to departure for the Tour.
15.4.V. The Employer will reimburse each Musician whose passport expires before
the completion of the Tour for passport expenses, upon presentation of
receipts for said expenses. The Employer will also be responsible for any
expenses related to the obtaining of visas and work permits Musicians will
need for the Tour.
15.4.W. The Employer may schedule seven (7) services per week on Foreign Tours
except that one (1) week may include eight (8) Services.
15.4.X. There shall be one (1) day off after six (6) consecutive days of Services or
travel.
15.4.Y. Up to four (4) acoustical rehearsals per week may be scheduled on Foreign
Tours. Acoustical rehearsals may be up to 30 minutes in length and will
count as one-half Service provided each acoustical rehearsal is in a
different venue. Such rehearsals shall be scheduled so as to end as close
as possible to house-open time for the concert.
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15.4.Z. Travel time on Foreign Tours shall be counted from the time of departure
from a hotel or concert venue until time of arrival at a hotel or concert
venue, and will include time spent waiting at airports, train stations and bus
terminals. Exempted from travel time will be the times listed in Paragraph
15.4.S above.
15.4.AA.
Tour schedules may include a maximum of three days in Canada
and three days in Mexico. Tour schedules of Canada or Mexico in excess
of these limitations must be approved by the orchestra’s Tour negotiating
Committee.
15.4.BB.
The Negotiating Committee shall negotiate with the Employer all
conditions of Foreign Tours not present in this Agreement.
15.4.CC.
The Employer will notify Musicians of all emergency exits and
procedures in every venue while on tour.
15.4.DD.
While on tour, best efforts will be made to provide practice facilities
for Musicians whenever available.
15.4.EE. While on tour, best efforts will be made to insure the stage will be set one
(1) hour prior to the first service.
15.4.FF. In-room wi-fi will be provided for one device for each Musician at hotels
when available.
15.4.GG.
The Employer will schedule travel by train, when practicable. All
Musicians will travel the same class as much as possible. If first class or
business class seats are used for Musicians, the seats will be assigned only
to full-time Musicians, and will be assigned according to seniority and in
accordance with the applicable exceptions outlined for air travel in 15.4.B.
First class or business class seats will be provided if and when the total costs
are not increased for the employer.
15.4.HH.
The Employer shall provide for the handling of one suitcase per
musician from the point of departure to the point of return, including
handling to and from hotels and all mode of transport, except when
personal baggage handling is required for airport security procedures, and
except within hotels.
No more than four (4) days in a week will consist of both travel and
performances. The Employer may schedule four (4) consecutive days that
consist of both travel and performances, provided a free day (no travel or
performing) is scheduled on the fifth day. Travel to and from a hotel to a
performance venue does not constitute “travel” solely for purposes of this
Article 15.4.II.
15.5.
Vail Festival Residencies.
Everything in Article 15.1, 15.2, and 15.3 shall apply except when in direct conflict with the
provisions of this Section 15.5, the terms in Section 15.5 shall prevail.
15.5.A. Despite any provisions in this Agreement to the contrary, during Festival
Residencies the Employer may schedule mandatory Services on July 4
without Extra Service payment.
15.5.B. The Employer may schedule one nine-Service week during each Festival
Residency. Such nine-Service week will count toward the annual total
allowed in this agreement.
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15.5.C. The Employer may schedule Saturday and Sunday rehearsals during
Festival Residencies without such rehearsals counting toward the per
Season Saturday and Sunday rehearsal limits.
15.5.D. Duration of rehearsals during Festival Residencies shall conform to the
Service durations outlined in Section 14 of this Agreement.
15.5.E. The Employer may suspend the Summer opt-off option for Festival
Residency weeks unless the Music Director approves otherwise.
15.5.F. Per diems for Festival Residencies will total $100.49 per day per Musician in
the 2015-16 Season and shall be adjusted annually thereafter. During the
term of this Agreement, rate changes shall be determined by comparing
the percentage change between anniversary dates in accordance with
change in the “Consumer Price Index revised - Urban Wage Earners and
Clerical Workers - National - all items (1982-1984=100).”
15.5.G. If the last day of Festival Residency week occurs on the day before a
vacation week, and if the Festival schedule requires that the first day
(Monday) of the vacation week be a travel day to return from the Festival
Residency, the Employer may schedule such travel day on the first day of
such vacation week if a compensatory vacation day is scheduled
contiguous with another vacation period or tradeoff week during the
Season.
15.6.
Touring Conditions Task Force.
A Touring Conditions Task Force consisting of representatives from the DSA and the Union will
convene to discuss revising contract terms regarding foreign tours. The Touring Conditions
Task Force will explore areas for potential suggestions and will make recommendations for
Tour language changes.
16. DIVIDED ORCHESTRA
16.1. Segments.
The Employer may divide the Orchestra for performance of Services into no more than three
(3) segments. A divided ensemble shall contain no fewer than nine (9) Musicians, not
including Extra Musicians.
16.2.
Uses.
16.2.A. The divided ensembles may be used throughout the Regular Subscription
Season or the Summer Season, at the Base of Operations or any other
facility, or for touring, for purposes determined by the Employer.
16.2.B. The divided ensembles may not be used as background music or as part of
a religious worship service.
16.2.C. The DSA will not sublet Musicians to community orchestras or other nonprofessional arts organizations.
16.2.D. The DSA will not partner with or sublet divided ensembles to any
organizations in a manner that would cause such partner to breach any
existing obligations it may have to the Union.
16.3.
Simultaneous Use.
The divided ensembles may perform either simultaneously or at different times within each
Work Week.
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16.4. Service Limitations.
Divided ensemble Services may be used for no more than thirty-six (36) Services during the
Summer Season, and no more than twenty-eight (28) Services during each Regular
Subscription Season. No more than ten (10) divided ensemble Services may be more than fifty
(50) miles from the Base of Operations.
16.5. Miscellaneous.
16.5.A. The DSA will provide parking to Musicians during divided ensemble
Services.
16.5.B. A Personnel Manager or his/her designee shall be present at all divided
ensemble Services.
16.5.C. Divided ensembles may request a conductor for divided ensemble
Services if a conductor is not already provided.
16.5.D. A section player who is required to play a solo part in a divided ensemble
will be entitled to pay pursuant to Article 10.7.
16.5.E. No section player’s position in the Orchestra shall be placed in jeopardy
because he/she exercises the right to refuse to play in a string ensemble
that consists of fewer than eighteen (18) Musicians or in a general
instrumentation ensemble that consists of fewer than twenty-two (22)
Musicians.
16.6.
Limitation on Types of Ensembles.
This Article shall not be construed to permit division of the Orchestra into groups regarded
traditionally as chamber groups known as trios, quartets, quintets, etc.
16.7. Task Force.
Not later than March 1, 2017, a Task Force consisting of five (5) Musicians will be convened to
review the use of divided ensembles, with the goal of submitting recommendations for
changes to, restrictions on, and/or expansion of divided ensembles.
17. ELECTRONIC MEDIA
17.1. Guarantee.
17.1.A. The Electronic Media guarantee, as specified in Article 10.1, will be
credited against any payments due a Musician for Electronic Media
Services. All applicable terms and conditions of the American Federation
of Musicians’ agreements covering Electronic Media Services shall apply to
such Services.
17.1.B. An account shall be kept, listing the payment due each Musician for
Electronic Media Services. The Electronic Media guarantee shall be
credited against the total Electronic Media payments due each Musician.
If the Musician earns more than the Electronic Media guarantee, then the
balance shall be paid to him not later than thirty (30) days after the
performance of the Service.
17.1.C. A Musician who by reason of unexcused absences has earned less than
the Electronic Media guarantee shall have the difference between the
earned amount and the guarantee deducted from his final check for that
Season. The earnings of a Musician absent due to illness, rotating vacation,
or excused absence will be reduced by the difference between the
amount guaranteed to all Musicians (whether or not required to be
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present) and the amount the Musician would have earned had he or she
been present.
17.2.
Optional Time Off.
If a Musician on optional time off during an Electronic Media Service has a contract to work
elsewhere, and such contract was executed before the Electronic Media Service dates were
announced, the Musician will suffer no financial penalty other than loss of Salary and
Electronic Media guarantee for the specific optional time missed. Such Musician must,
however, make every effort to return for the Electronic Media Services, if the Employer
desires, with the Employer paying travel expenses.
A Musician on optional time off but not under contract to play elsewhere must play the
Electronic Media Service, if desired by the Employer, or else the Musician’s guarantee will be
reduced by the amount that would have been earned had the Musician been present. A
Musician must have had at least ninety (90) days notice of the scheduling of an Electronic
Media Service for the foregoing sentence to apply.
17.3.
Force Majeure.
If force majeure, such as lack of a contract agreement between the recording or television
industry and the union, or strike, makes it impossible to record or televise at the time and
place with the artists and repertoire scheduled by the Employer, the amount that the
Musician would have earned from such a missed recording or television session missed shall
not be subtracted from the amount of the guarantee due in the Season.
17.4.
Scheduling.
Electronic Media Services will be scheduled in the same manner as other Services.
18. RECORDING AND TRANSCRIPTION
18.1. Archival Recordings.
18.1.A. The Employer may tape any and all Subscription, Summer, Educational,
Chamber or full Orchestra concerts for archival and study purposes without
additional compensation to the Musicians. Archival recordings shall be
used solely by the Music Director, conductor(s), Musicians, chorus, and/or
the employer for study purposes only.
18.1.B. In the event that archival or study tapes (audio or video) are released for
broadcast, recording or other public use, then the employer will
compensate the Musicians who performed the services in the making of
such tapes at the appropriate wage scale and related benefits provided
for in the applicable union recording agreement, consistent with the
provisions of this agreement, except that the Employer may submit archival
tapes to funding agencies for the sole purpose of evaluation in connection
with grants without any additional compensation to the Musicians.
18.1.C. Whenever recordings are made of solo performances by members of the
Orchestra, the soloists shall be consulted with regard to the use by the
employer of such recording.
18.1.D. With the express written consent of the Liaison Committee, archival
recordings may be used without additional compensation to the Musicians
to help sell Orchestra services. Such consent will not be unreasonably
withheld.
18.1.E. No archival or study recordings shall be used in evidence of any dismissal
proceeding.
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18.2.
Voice of America Broadcasts.
The Employer may permit the voice of America to broadcast two (2) performances each
year without additional compensation to the Musicians.
18.3.
Newscasts.
Audio and/or videotaping for broadcast and/or cable of cast news media and/or News
Magazine shows may be allowed on any Scheduled Service or additional voluntary
promotional appearance without additional compensation to the Musicians, provided that
such taping shall not interfere with the normal execution of the service, and provided that
not more than three (3) minutes of the recorded segment or live broadcast is actually used.
This provision shall also apply to public service announcements and for promotional services.
Although the Musicians shall not receive additional compensation for such taping, the
Employer shall inform the Players’ Committee and the Union prior to such news media taping.
18.4.
Local Radio Broadcasts.
The Employer may broadcast concerts, one time only, either live or by tape, via local
broadcast stations without additional compensation for Musicians.
18.5.
Photo Sessions.
Each Season, the Employer may schedule one (1) sixty (60) minute photo session adjacent to
the conclusion of a regular rehearsal for which Musicians will be required to wear concert
attire. A fifteen-minute break will be scheduled after the rehearsal and before the photo
session to allow Musicians to change into concert attire. The duration of the photo session
(and the break preceding it) will not count toward the length of the rehearsal Service, and
no overtime payments will be due if the photo session does not exceed sixty (60) minutes. No
repertoire that is scheduled to be performed during the remainder of the current season shall
be used during the photo/video shoot. Repertoire shall be chosen that utilizes all sections of
the orchestra.
18.6.
Holiday Concert Telecast.
The Employer may telecast locally a Holiday Concert. The rate of compensation shall be fifty
dollars ($50.00) per Musician per hour for each such telecast.
18.7.
Compensation and Benefit Payments.
Compensation and benefit payments will be made to each Musician at the rate and in the
manner provided for in the applicable union agreement for all other Electronic Media
Services not addressed above and will be made consistent with other applicable provisions
of this agreement. The Employer shall notify the union in advance of any such Electronic
Media Service.
19. COMMITTEES
19.1. Non-Jeopardy.
No Musician on any committee constituted by the provisions of this Agreement shall have his
or her position in the Orchestra placed in jeopardy because of the Musician’s activities on
that committee, nor shall membership on any committee in any way ensure or protect the
Musician’s position in the Orchestra.
19.2.
Players’ Committee.
19.2.A. The Musicians shall elect a Players’ Committee to represent the Musicians
in their relations with the Employer.
19.2.B. Requests to the Employer by the Players’ Committee, or by the Employer to
the Players’ Committee, shall be made in writing.
19.2.C. The Employer and the Players’ Committee will endeavor to keep each
other advised, by written communication or otherwise, of important
developments affecting the Orchestra.
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19.2.D. All polls of the Orchestra shall be conducted by the Players’ Committee.
19.3.
Liaison Committee.
19.3.A. The Liaison Committee shall consist of three (3) elected members of the
Orchestra, representatives of Management, the Music Director, and the
members of the Board of Governors of the Employer.
19.3.B. The purpose of the Liaison Committee is to study, discuss and analyze any
problems, and to offer guidance and recommendations of mutual benefit
to the Employer and the Musicians.
19.3.C. The Liaison Committee shall meet at least three (3) times per year, at the
call of its chairman.
19.4.
Appeals Committee.
19.4.A. There shall be appointed an Appeals Committee of nine (9) Musicians, to
be established as follows:
19.4.B. The entire orchestra shall vote for four (4) Musicians who are Principal
Players. Of these Principal Players, two (2) must be from the string sections,
one (1) from the Woodwinds and one (1) from the Brass and Percussion.
19.4.C. The entire orchestra shall vote for four (4) String/Harp players at large.
19.4.D. The entire orchestra shall vote for four (4) Woodwind, Brass and Percussion
Players at large.
19.4.E. When Dismissal for Incompetence occurs in the String Section or Harp, the
four (4) Principals plus the four (4) members of the String Section shall
compose the Appeals Committee.
19.4.F. When Dismissal for Incompetence occurs in the Woodwinds, Brass or
Percussion Section, the four (4) Principals plus the four (4) members of the
respective group shall compose the Appeals Committee.
19.4.G. The ninth (9th) member shall be appointed by the eight (8) members
referred to above, in the event the Appeals Committee is called upon to
function pursuant to Article 21. of this Agreement. This appointee will be a
temporary member, whose duties will be limited to participating in the
particular case for which he or she is appointed. The ninth (9th) member
shall be the Principal player of the section of the Orchestra in which the
appealing Musician plays, except that when the appellant is the Principal
of such section, then the person appointed shall be the Principal of the
section that is instrumentally most closely related to the appellants section.
If the Principal of the section has already been elected to the Appeals
Committee by the entire orchestra, then the next highest recipient of votes
in the category will fill the 9th position on the Appeals Committee
19.4.H. All musicians will be eligible, in their respective categories to be elected
onto the appeals committee with the exception of the Personnel
Manager.
19.4.I. The Players Committee shall prepare the ballots. The vote count will not be
tabulated at the time of the election and will be collected by the Players
Committee Chair. The Ballots will be then sent to the Union office. In the
event a Musician appeals a notice of Dismissal for Incompetence, the
votes will be tabulated by three (3) members of the Players Committee or
their designee, with the results being given simultaneously to the
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Association and the Union. All tabulations will be kept in the event that
someone is unable to serve and an alternate must be chosen from the
runners-up. At the end of the Season if the ballots have not been used,
they will be discarded.
19.4.J. No Musician who is subject to proceedings for demotion or dismissal for
incompetence or who has given notice of resignation shall serve on any
Appeals Committee.
19.4.K. In cases involving discharge for alleged cause, the Appeals committee
shall be comprised of the elected four (4) members from the section
(String/Harp or Woodwinds/Brasses/Percussion) in which the discharged
musician was not seated, and the ninth (9th) member selected according
to the procedure outlined in Section 19.4.A.6.
19.4.L. Ballots for appointments to the Appeals Committee for the ensuing Season,
pursuant to 19.4.A.(1) through 19.4.A.(5) above, shall be completed and at
the Union Office by June 1 of each Season of this agreement.
19.4.M. The duties of each newly appointed Appeals Committee shall commence
as of the first (1st) Service of each Season.
19.5.
Outdoor Committee.
The Outdoor Committee shall consist of three (3) Musicians and two (2) Employer
representatives. The purpose of this Committee shall be to establish binding guidelines for all
outdoor activities scheduled for each particular Season.
19.6.
Additional Musician Participation.
19.6.A. Two (2) Musicians elected by the Orchestra shall serve on the Employer’s
Board of Governors.
19.6.B. Three (3) Musicians elected by the Orchestra shall be invited to serve on
the selection committee for a Music Director, in the event of a search for a
new Director. The Association may appoint one additional Musician to
serve on the selection committee. The Association agrees to solicit opinions
from the Musicians through the Liaison Committee regarding any search
for a New Pops Conductor.
19.6.C. Musicians shall be consulted through the Liaison Committee with respect to
identification of candidates for any other conductor positions (Resident
Conductor or Associate Conductor).
19.6.D. Two (2) Musicians elected by the Orchestra shall be invited to serve on the
Board of Governors’ Artistic Committee.
19.6.E. Prior to hiring a new librarian or orchestra personnel manager, the
Employer will obtain the views and input of the Orchestra, which shall elect
two Musicians to serve as a liaison with the Employer for this purpose. All
decisions as to the hiring of new librarians or orchestra personnel managers
shall be made solely by the Employer, and shall not be subject to any
provision of this Agreement, including Article 23.
19.7.
Tour Negotiating Committee.
The Negotiating Committee will represent the Musicians in deliberations with management
about touring conditions not addressed elsewhere in this Agreement. Members of the
Negotiating Committee representing the Musicians will be elected by the Musicians.
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Dallas Symphony CBA
20. AUDITION PROCEDURES
Audition Committees shall be established and comprised, and audition procedures
implemented, as specified in this Article.
20.1. Notice of Audition.
Notice of the audition for the position of Musician shall be published in the International
Musician at least sixty (60) days prior to the audition date.
20.2.
Audition Committee Selection.
The Personnel Manager shall prepare ballots containing a list of names of eligible musicians
to be elected for the specified committee. In the case of a string vacancy, there will be a
separate listing of string principals on the ballot. The entire orchestra will vote for all positions
on the specified audition committee.
20.3.
(1)
The Personnel Manager and Players Committee Chair will tabulate
the ballots at the conclusion of the election and establish a ranking of
each elected musician. Positions on the audition committee will be
filled as follows:
(2)
For string vacancies, the highest-ranked vote recipients from the
String Principals.
(3)
The highest-ranked vote recipients from the members of the specific
instrument section where the vacancy occurs.
(4)
The highest-ranked vote recipients from remaining musicians.
(5)
Musicians receiving an equal number of votes shall be ranked by
seniority. The next highest-ranking musician shall fill all vacancies.
(6)
Musicians that are ineligible to serve on audition committees
(7)
Personnel Manager
(8)
Any Musician who has resigned and is leaving at the end of the
Season or has rejected their individual agreement as per Section 12.3.
(9)
Any Musician who will retire at the end of the Season.
Audition Committees.
20.3.A. Principal String Vacancies:
9 Members
8 Musicians 1 Music Director
4 remaining String Principals
3 Musicians elected from the individual section involved (Entire orchestra
votes)
1 Musician elected from the String Section at large (Entire Orchestra votes)
20.3.B. String Section Vacancies:
9 Members
8 Musicians 1 Music Director
1 String Principal from the section where the vacancy has occurred
3 String Principals Elected by the entire Orchestra
3 Musicians elected from the individual section involved (Entire Orchestra
votes)
1 Musician elected from the String Section at large (Entire Orchestra votes)
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Dallas Symphony CBA
20.3.C. Woodwind Principal Vacancies
9 Members
8 Musicians 1 Music Director
3 other Woodwind Principals
1 Principal French Horn
All remaining members of individual section involved
Remaining positions filled by election from the Woodwind section at large
(Entire Orchestra Votes)
20.3.D. Woodwind Section Vacancies
9 Members
8 Musicians 1 Music Director
4 Woodwind Principals
All remaining members of individual section involved
Remaining positions filled by election from the Woodwind section at large
(Entire Orchestra Votes)
20.3.E. Brass Principal Vacancies
9 Members
8 Musicians 1 Music Director
3 other Brass Principals
Up to 3 remaining members of the section (if more than 3 remain in the
section then the 3 who receive the most votes from the orchestra)
Remaining positions filled by election from the Brass section at large (Entire
Orchestra Votes)
20.3.F. Brass Section Vacancies
9 Members
8 Musicians 1 Music Director
4 Brass Principals
Up to 3 remaining members of section involved
Remaining positions filled by election from the Brass section at large (Entire
Orchestra Votes)
20.3.G. Principal Timpani/ Percussion
5 Members
4 Musicians 1 Music Director
1 Principal Timpani or Percussion
2 Remaining members of Percussion Section
1 Principal String, Harp, Brass or Woodwind elected by the orchestra
20.3.H. Percussion Section Vacancies
5 Members
4 Musicians 1 Music Director
1 Principal Percussion
1 Principal Timpani
1 Section Percussion
1 Principal String, Harp, Brass or Woodwind elected by the orchestra
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Dallas Symphony CBA
20.3.I. Principal Harp
20.4.
7 Members
6 Musicians 1 Music Director
2 Principal Woodwinds elected by the entire orchestra
3 Principal Strings elected by the entire orchestra
1 Principal Percussion or Timpani elected by the entire orchestra
Procedures.
All candidates for the position of Musician must audition according to the following
procedures:
20.4.A. In the event that any member of an Audition Committee cannot be
present for a particular audition, an alternate will be chosen by the
balloting from the general Audition Committee election. This alternate will
serve for all rounds unless illness or emergency circumstances prevent the
Principal or section members of the section involved from participating. If
such circumstance occurs, the Principal or section players may rejoin the
committee when able.
20.4.B. The Audition Committee will select one (1) additional Musician to give
instructions onstage to each person auditioning, as to the specific music to
be played. No voting member or participating member of the Audition
Committee shall be onstage during preliminary auditions.
20.4.C. No Musician who is subject to proceedings for demotion or dismissal, or
who has given notice of resignation or leave of absence, may serve on
any Audition Committee.
20.4.D. Musicians serving on an Audition Committee as well as any Musician
participating officially with the audition procedures will be paid
appropriate meal per-diems during the periods their committee is
engaged in the auditioning process, as well as $50 for the first day of
auditions (up to eight (8) hours) and $15 each subsequent hour spent
engaged in Audition Procedures.
20.4.E. The Audition Committee shall elect a chairperson who will be in charge of
all balloting of the committee and all discussions, including selection of
repertory, and will notify the Personnel Manager of all decisions in writing of
the committee. During the auditions, the Personnel Manager may be
present but shall not participate in the discussions during the evaluation of
the candidate. If requested, the Personnel Manager shall have the
opportunity to offer any information necessary to the committee before
the notification of the winner.
20.4.F. Each Member of an Audition Committee may have the use of a copy of
Orchestra excerpts for any auditions.
20.4.G. When an audition committee is elected, the Personnel Manager will
promptly assemble the committee and read the entire audition procedure
section of the CBA to the committee. He will inform the elected
Chairperson of the duties required during the entire audition process.
20.4.H. All candidates for the position of Extra Musician and Interim Musician must
audition according to all procedures in 20.4 of this Agreement, unless the
audition is waived by the Audition Committee.
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Dallas Symphony CBA
20.4.I. Any Extra Musician and Interim Musician candidates applying for the
position of Musician must audition according to the procedures in 20.4.
All repertoire for preliminary and semi-final rounds of the audition will be made
available to candidates at the time of their scheduled arrival to the audition site.
20.5.
Screening of Applicants.
20.5.A. Screening of all applicants will be done by the appropriate Audition
Committee facilitated by the Personnel Manager.
20.5.B. Any Musician who makes an application for a vacancy will automatically
enter the final auditions for that position.
20.5.C. Any Interim Musician who makes an application for a vacancy may be
advanced beyond the preliminary round by the standing Audition
Committee for that vacancy.
20.5.D. A national audition will be held for an open position. In consultation with
the Audition Committee, the Music Director may invite candidates to
perform Work Weeks or Services with the orchestra in lieu of the national
audition. Any candidate invited to play with the orchestra pursuant to this
provision will be asked to perform a solo audition before the Audition
Committee during or at the conclusion of the candidate’s performance of
Services with the orchestra. Such an audition will be performed unless
waived by the Music Director after consultation with the Audition
Committee. After the candidate performs Work Weeks or Services with the
orchestra and either performs a solo audition or declines the request to do
so, the candidate will advance to the final voting procedures outlined in
20.8.B.
20.6.
Auditions for the Benefit of Local 72-147 Members.
The Audition Committee will hold a round of auditions, prior to the national auditions, for the
purpose of hearing those members of the Union who have applied for a specific vacancy.
The Audition Committee will have the right to reject any candidate or advance any
candidate on to subsequent rounds on the date of national auditions.
20.7.
Preliminary and Semi-final Auditions.
All preliminary and semi-final auditions will be behind a screen. Discussion may be allowed if
desired by any member of the Audition Committee between but not during Preliminary,
Semi-Finals rounds only and after all voting has taken place. If a candidate is one (1) vote
delinquent of receiving a majority in order to advance to the next round, the committee can
discuss the candidate and take a re-vote, or the committee may request the candidate
play the round again. If the candidate still does not have a majority of votes in order to
advance, he/she is automatically eliminated. If the candidate receives a majority of the
votes of the committee, he/she advances to the next round.
In the event the Association holds internal auditions, (only current DSO Musicians involved for
the purposes of advancing in a section) all rounds including the Finals will be held behind a
screen.
20.8.
Final Auditions.
20.8.A. In order to participate in final auditions, a candidate must receive a
majority of votes from the specific Audition Committee involved.
20.8.B. Members of the respective Audition Committees for the final auditions will
be the same as those for preliminary auditions. Each Musician on a
Committee shall have one (1) vote and shall cast a ballot for only one
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finalist per vacancy. The Music Director will have the number of votes
equal to the total number of Musicians on that Committee. A simple
majority of votes will determine the winning candidate. Any discussion of
Finals candidates by the committee will occur only after all candidates
have performed each Final round. Before a final vote is taken, the
committee may decide, through discussion or a vote on the specific issue,
to invite one or more candidates to play with the orchestra/ section or to
play another Final round. If a vote on the specific issue is taken, the Music
Director’s vote will have the number of votes equal to the total number of
Musicians on that committee. When a final vote is taken to determine a
winning candidate, all members of the committee, including the Music
Director, shall vote at the same time and by secret ballot. After a winning
candidate has been determined, the committee may vote to qualify other
Finals candidates for the open position should the winning candidate not
accept the position. The committee may also vote to deem any finalist
acceptable or eligible for consideration for full time employment if an
opening in the same section occurs in the current or subsequent season
after the audition.
20.8.C. Personal interviews may be required of any finalist by the Personnel
Manager, Music Director, or Audition Committee. This interview may be of
assistance in determining the winning candidate.
20.8.D. Any finalist may be required to rehearse and/or perform with the
Orchestra. Finalists may be put on the first stand of the section for the
duration of the trial period and a Musician normally occupying that stand
will move back one chair (and all other Musicians in the section will
therefore move back one chair if necessary) for the duration of the trial
period.
20.9.
Observers.
Any Musician, Dallas Symphony Association Governor, or Employer staff member who wishes
to hear an audition may do so. They must sit separately from the Committee, the Music
Director, and the Executive Director, and offer no opinion. Anyone who does not abide by
this stipulation will be asked by the Personnel Manager to leave.
20.10. Tenure Review Committee.
The Audition Committee which heard the Final Round of a new Musician’s Audition shall
serve as the Tenure Review Committee. A new musician shall not be offered a third
consecutive Season contract of employment (as per 10.13.O), until the following procedures
have been met:
(1)
The Music Director shall meet with the Tenure Review Committee after
January 1st and no later than May 1st of his/her first (1st) Season to
review a new Musician's status. All comments shall be given to the
new Musician in writing.
(2)
The Music Director shall grant or deny Tenure only after meeting and
consulting with the Tenure Review Committee, which shall meet prior
to December 1st of a new Musician's second (2nd) Season.
(3)
The above
agreement.
deadlines
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may
be
extended
by
written
mutual
Dallas Symphony CBA
21. TERMINATIONS
21.1. Incompetence.
21.1.A. Dismissal for incompetence shall always be determined by secret vote,
and according to the following procedure:
(1)
Step 1. A tenured Musician who is being considered for dismissal for
incompetence shall be advised by letter prior to October 15 of the
then current Season that his or her position with the Orchestra is in
jeopardy, and identify specific areas requiring improvement. A copy
of this letter shall be sent simultaneously to the Appeals Committee
and to the President of the Union. A Musician must have had at least
one meeting before March 1 in the prior Season with the Music
Director before a dismissal for incompetence can be served.
(2)
Step 2. A Musician who has received a letter prior to October 15 may
request a meeting with the Music Director, which must be granted.
The Musician may have a representative of the Union and/or a
member of the Players Committee present at this meeting. The Music
Director may have an Employer representative present at this
meeting.
(3)
Step 3. Notification of dismissal shall be given by the Employer in
writing by the following February 1.
(4)
Step 4.
Within seven (7) days following receipt of notification of
dismissal, the Musician may file a written appeal with the Appeals
Committee, requesting to meet with the Committee.
(5)
Step 5. The Appeals Committee shall, within seven (7) days of receipt
of the written appeal, grant a meeting to the Musician. At this
meeting either the Committee or the Musician may request a playing
demonstration.
(6)
Step 6. Within seven (7) days following its meeting with the Musician,
the Appeals Committee shall notify the Employer of the Committee’s
decision to uphold or oppose the dismissal. Such decision shall be by
simple majority of a secret vote.
(7)
Step 7. Upon receipt of the decision of the Appeals Committee, the
Employer shall be guided as follows:
ž
ž
If the decision is to uphold the action of the Employer, the
dismissal shall stand.
If the decision is to oppose the action of the Employer, the
Musician shall be reinstated in the Orchestra.
21.1.B. Should the Employer in any subsequent Season or Seasons desire to dismiss
the affected Musician, then all processes prescribed in Article 21.1.A.(1)
through 21.1.A.(7), (Steps 1 through 7) shall be adhered to. However,
should the Appeals Committee by a two-thirds (2/3) majority of a secret
vote decide to oppose the dismissal, the Committee’s decision shall be
binding on the Employer, and the Musician shall be reinstated in the
Orchestra. Should the Appeals Committee decide by less than a two-thirds
(2/3) majority secret vote to oppose the dismissal, the dismissal shall stand.
21.1.C. A Musician dismissed under the provisions of this Paragraph may perform
with the Orchestra only at the discretion of the Employer and will be paid
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full Salary and receive all benefits until May 31 following the Season in
which the dismissal was effected.
21.2.
Cause.
21.2.A. A Musician may be dismissed for just cause. Such cause shall include but
not be limited to inattention to duty, tardiness, unexcused absences,
insubordination, or insobriety affecting the Musician’s competence and
efficiency while fulfilling contractual duties.
21.2.B. A Musician dismissed under the provisions of this Paragraph shall not be
entitled to complete the Season during which the dismissal was effected,
nor shall such Musician be entitled to perform the following Season. This
provision shall not be construed to prevent the dismissed Musician from
participating in future auditions for employment in Seasons after the
Season following his dismissal.
21.2.C. The procedure for dismissal for just cause shall be as follows:
(1)
Step 1. A letter of warning shall be sent to the Musician by the
Employer stating that his or her position with the Orchestra is in
jeopardy under the terms of Article 21.2, of this Agreement, and
stating the facts which have precipitated the letter of warning.
(2)
Step 2. A Musician may within two (2) working days after receiving a
letter of warning request a meeting with the Employer, which must be
granted. The Musician may have a representative of the Union and/or
a member of the Players Committee present at this meeting.
(3)
Step 3. A letter of discharge for cause may be sent to the Musician
stating that his employment has been terminated and stating the
facts that have precipitated the action. A copy of this letter shall be
sent simultaneously to the Union.
(4)
Step 4. Upon receipt of the letter of discharge for cause, the Musician
may request that an investigation of the matter leading to dismissal
be made by the Appeals Committee.
(5)
Step 5. The Appeals Committee shall without delay investigate the
matter and shall within seven (7) days notify the Union in writing of its
decision to uphold or oppose the action of the Employer.
(6)
Step 6. The Union shall notify the Employer in writing of the decision of
the Appeals Committee, and the Employer shall be guided as follows:
ž
If the decision is to uphold the action of the Employer, the
dismissal shall stand.
ž
If the decision is to oppose the action of the Employer, the
Musician shall be reinstated in the Orchestra and shall be paid
without delay all salaries lost as the result of the action.
ž
If the decision is to refer the action of the Employer to a neutral
arbitrator for final and binding determination, a written decision
to this effect shall issue and the parties shall proceed to select
an Arbitrator to resolve the dispute according to the provisions
of Sections 23.3.D and 23.3.E.
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Dallas Symphony CBA
21.2.D. In the event the dismissed Musician is reinstated in the Orchestra under
Step 6 above, the Employer may subsequently initiate dismissal for cause
action against the Musician. If such action is taken, it shall be the result of
misconduct subsequent to that which precipitated the dismissal in the first
instance.
21.2.E. In the event dismissal for cause action is reinitiated against a Musician,
Steps 1 through 5 as outlined above shall be adhered to. However, should
the decision of the Appeals Committee be to oppose the dismissal under
the provisions of Article 21.2.C.(6), the Employer shall not be bound
thereby. However, the Musician may submit the action for review before
an Arbitrator for a final and binding decision, consistent with Article 23.3 of
this Agreement.
21.2.F. An Untenured Musician who is being considered for dismissal shall be given
a letter prior to January 1 of the then current Season notifying the Musician
that his or her position with the Orchestra is in jeopardy. Final notification of
dismissal of an Untenured Musician shall be given no later than February 1
of the then current Season.
21.3.
Extended Absence or Inability to Perform.
If for any reason a Musician is absent from work or unable to perform for a continuous period
of more than 24 months, he or she shall be deemed to have voluntarily resigned from
employment. Termination of employment for this reason is without prejudice to the Musician’s
ability to apply for re-employment at any future time. Acceptance for re-employment will be
subject to the availability of a seat and all other criteria, including audition unless waived by
the Music Director, normally applied to the selection of Musician. If the Musician’s break in
service is not in excess of six years, full seniority credit for prior service will be restored upon
achieving tenure following re-employment. Nothing herein shall be construed to limit or
restrict any such Musician’s rights to receive Long Term Disability insurance benefits as
otherwise provided.
22. RESEATING AND/OR DEMOTION
22.1. Morale of the Individuals of the Orchestra.
From time to time, reseating and title changes may be necessary for the artistic wellbeing of
the Orchestra, and/or for cause. Should this occur, it is understood that the Employer’s
responsibilities include recognition of Orchestra morale and, in particular, the morale of the
individual Musicians who are affected by such changes.
22.2.
Procedure.
Reseating of Musicians for future Seasons shall be done according to the following
procedure:
22.2.A. Should the Music Director wish to demote a Musician, he must first consult
with the Principal of the affected section. Then, on or before October 1st,
he must clearly state, at a meeting with the Musician in question, any
reasons for the intended demotion so that the Musician may respond and
subsequently work to correct the specified problems. The Musician may
choose to bring a representative (e.g.; Chairman of the Committee) to any
meeting. If, during the course of the Season and after further consultation
with the Principal of the section, the Music Director still wishes to demote
the Musician, he must clearly state, in writing, this intention on or before
March 1st. Within two weeks of receipt of this letter, the Musician may
request another meeting with the Music Director. Any reseating will be
Effective at the beginning of the next subscription Season.
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Dallas Symphony CBA
22.2.B. The seating, as determined under subparagraph 22.2.A above, will be
posted no later than August 1, unless the Orchestra is on tour on August 1,
in which case the seating will be posted the week following the tour and
distributed to the Musicians by email.
22.2.C. The seating, as posted under subparagraph 22.2.B above, shall prevail for
the following Season except for divided Orchestra Services under Article
16.
22.3.
No Reduction in Salary.
The Salary of a reseated Musician shall not be reduced except by mutual agreement
between the Musician and the Employer.
23. GRIEVANCE AND ARBITRATION
23.1. General.
A Musician, the Union, or the Employer may present a grievance.
23.2.
Expenses.
The expenses of arbitration shall be borne equally by the Employer and the Union.
23.3.
Procedure.
Disputes growing out of application or interpretation of this Agreement shall be resolved as
follows:
23.3.A. Step 1. A letter initiating the grievance procedure and stating the facts
concerning the grievance shall be presented by the aggrieved party to
the Players’ Committee and Union, and the President or his designee within
fourteen (14) days after the facts giving rise to such grievance occurred.
23.3.B. Step 2. The Players’ Committee and Union and the President or his
designee shall meet to resolve the grievance within fourteen (14) days of
receipt of the letter initiating the grievance. If no resolution is achieved, the
grievance shall be immediately referred to Step 4 of the Grievance and
Arbitration procedures.
23.3.C. Step 3. If either party is dissatisfied with the decision rendered under Step 2,
it may submit the grievance to arbitration. Request for submission to
arbitration must be made in writing to the Players’ Committee and the
President within fourteen (14) days following receipt of the letter stating the
decision rendered under Step 2. If no request for arbitration is made by the
aggrieved party within fourteen (14) days of receipt of the decision under
Step 2, the decision reached in Step 2 shall be final and binding on all
parties.
23.3.D. Step 4. Within fourteen (14) days of the request for Arbitration, the Federal
Mediation and Conciliation Service shall be requested to submit a panel
of seven (7) established arbitrators from the State of Texas. The Employer
and the Union shall have the right to strike in alternate turns single names
from the panel submitted, with the representative party which requested
arbitration striking first. The remaining name shall automatically become
the Arbitrator.
23.3.E. Step 5. The Arbitrator shall render his or her written decision within thirty (30)
days of the date of close of the hearing, as defined by the Arbitrator and
parties. The decision shall be final and binding on all parties. The Arbitrator
is not vested with the power to change, modify or alter this Agreement or
any of its parts, but is vested only with the power to interpret the provisions
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Dallas Symphony CBA
of this Agreement. Interpretation of this Agreement does not include the
power or authority to grant any economic benefit of any kind to any party
or person other than actual salary losses incurred as a direct result of a
breach of this Agreement.
24. MISCELLANEOUS
24.1. Duty to Play; Parts to be Furnished.
A Musician shall play without additional compensation all notes contained in his/her part,
whether the same are contained in the original score or parts, or added thereto by the
Conductor in the exercise of his absolute discretion. The Musician shall be furnished with
individual parts whenever possible. No Musician shall be held in jeopardy because of his
failure to be supplied with an individual part.
24.2.
Borrowed or Rented Instruments.
A Musician may not be required to perform on borrowed or rented instruments. This
paragraph is not intended to permit refusal by any Musician to perform on an instrument
procured by the Employer in the event such instrument is not owned by the Employer and
when such instrument is necessary to a performance.
24.3.
Playing Conditions.
The Employer will use its best efforts to provide adequate lighting and room for performances
on stage or in a pit.
24.4.
Illegible Parts.
A player will not be required to play any part which, in his/her opinion and in the opinion of
the Personnel Manager, is illegible.
24.5.
Special Severance Payment.
If a Musician satisfies each of the following conditions at the time of the termination of his
employment, he shall receive a special severance payment of $20,000:
(1) he/she has at least 30 years of Pension Credit;
(2) his/her age and years of Pension Credit total 85 or more during the period
September 1, 2004 through August 31, 2011;
(3) he/she terminates employment at age 60 or greater; and
(4) the amount of the Musician's combined pension under the Retirement Plan
and American Federation of Musician and Employer's Pension Fund (both
expressed as a single life annuity) is less than $2500 per month. Musicians
subject to Section 10.13Q(8) of this Agreement shall be ineligible for this
special severance payment.
24.6.
Issues Not Addressed.
Notwithstanding the forgoing, nothing herein shall relieve the parties of their obligation to
bargain over issues which are not addressed herein, nor were discussed at any prior
negotiation, nor shall it operate to deny the admissibility in arbitration of a past practice.
24.7.
Amendments.
No amendments, alterations, modifications, supplements, or changes to this Agreement shall
be valid until and unless agreed upon by the parties, reduced to writing, duly signed by the
proper officers of the Employer and the Union, and attached to and made a part of this
Agreement.
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Dallas Symphony CBA
APPENDIX 1
DALLAS SYMPHONY ORCHESTRA
INDIVIDUAL MUSICIAN’S AGREEMENT
AGREEMENT, by and between
designated “Employer”, and
DALLAS
SYMPHONY ASSOCIATION, INC., hereinafter
hereinafter designated “Musician.”
The parties agree as follows:
Subject to the terms hereof, and to the terms of the current collective bargaining
agreement, hereinafter designated “Agreement,” made by and between Employer
and Dallas Federation of Musician, Local Union No. 72-147, American Federation of
Musician, hereinafter designated “Union,” Employer engages the services of Musician
for the Season, beginning and continuing through, for the position of.
1. Musician shall give Employer exclusive call on his/her services for the period of his/her
engagement.
2. Musician will furnish his/her own instrument or instruments, which shall be of good quality, and
shall, at his/her own expense, maintain the same constantly in maximum good condition.
Contra-Bass players will furnish suitable trunks for Contra-Basses to accommodate
transportation needs.
3. Musician will attend all Services, unless excused by the Conductor or the Personnel Manager,
and will perform to the best of their ability at all times.
4. The seating arrangement shall be determined by the Music Director.
5. Musician shall wear clothes appropriate to the occasion:
MEN: For evening concerts, full dress tails with black socks, white bow tie, white vest or
cummerbund, and black shoes. For daytime concerts, black suits with Dark four-inhand tie, black socks, and black shoes. For Summer Season concerts, white jacket,
white shirt, black bow tie, black vest or cummerbund or other appropriate attire, black
slacks, black socks, and black shoes. At the Personnel Manager’s discretion, men may
play without the black bow tie and open collar for outdoor Summer Season concerts.
WOMEN: For evening concerts, long black evening dress or appropriate black pants
and long sleeve top with appropriate shoes. For daytime concerts, black dress or
appropriate black pants and long sleeve top with appropriate shoes. For Summer
Season concerts, black skirt or black slacks with white (not sleeveless) top and
appropriate shoes.
For certain concerts “all black” dress may be required. This will consist of appropriate
long black pants (or skirts) and appropriate black long sleeve shirts or tops.
The Employer may require other types of reasonable dress for specific concerts after
consultation with, and approval by the Players’ Committee. It is understood that such
changes in dress will not require substantial cost to the Musician.
6. For full and faithful performance during all of the Services for the
Season, Musician shall
receive a weekly salary consisting of the applicable minimum compensation specified by the
Agreement (i.e. the Total Scale, which includes Electronic Media Guarantee), plus $
____ in overscale, which will be paid every two weeks. Musician will have the opportunity
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Dallas Symphony CBA
to have a mutually agreed upon annuity deduction from his/her paycheck made every two
weeks.
7. Each and all of the provisions of the Agreement existing between Employer and Union are
adopted as part of this contract and are made a part hereof.
8. Should an act or acts of God prevent the holding of Services, Employer may cancel this
contract and Musician shall be compensated to the date of cancellation hereof.
EXECUTED THIS
, day of 20 .
EMPLOYER:
DALLAS SYMPHONY ASSOCIATION, INC.
MUSICIAN:
By:
Jonathan Martin, President and CEO DSA
Scale as specified by Agreement:
Overscale:
Seniority:
_______________
_______________
_______________
TOTAL WEEKLY SALARY:
_______________
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Dallas Symphony CBA
APPENDIX 2
SIDE LETTERS