The Shaw Festival Theatre Foundation, Canada, of the town of Niagara-on-the-Lake, Ontario, Canada, hereinafter referred to as the Foundation,

The International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts, of the United States, its Territories and Canada, Local 461, of the City of St. Catharines, Ontario, Canada, hereinafter referred to as the Union.

1.01 The general purpose of this Agreement is to secure for the EMPLOYEES, the Foundation, and the Union, the full benefits of orderly collective bargaining {including but not limited to hours of work, rates of pay, and working conditions}, to ensure efficiency and economy of operation, to provide machinery for the just settlement of grievances which may arise between the parties hereto, and to promote and strengthen good will between the EMPLOYEES, the Foundation, and the Union.

2.01 This Agreement shall apply to all persons supplied by the Union to work at any Foundation facility, in Local 461's geographical jurisdiction, defined as the Niagara Peninsula east of the line between Grimsby and Dunville, as part of the Bargaining Unit, defined as: Production Employees of the Foundation save and except Managers, Assistant Managers, Directors, Assistant Directors, persons above the rank of Assistant Manager or Assistant Director, Office and Clerical Staff, Designers, Design Assistants, Drivers, Buyers, Production Assistants and all persons in the Departments of Properties Construction, Scenic Art, Wardrobe Construction; and persons covered by subsisting Collective Agreements with other Unions or Professional Associations, all of which excepted employees are not subject to the provisions of this Agreement.

2.02 It is agreed that Employees and other personnel in the Foundation's employ shall be able to work together in all work areas and in all the Foundation's theatres and job categories without prejudice to either party. Notwithstanding the above, Employees shall not be required to work with other personnel in the Foundation's employ during "Yellow Card" calls. Without limiting the generality of the above, the work may include maintenance of the Theatres when requested by the Foundation. Work performed in regard to the maintenance of the Theatres shall be scheduled, within reasonable time, at the discretion of the Department Heads, Employees shall not be asked to perform maintenance work for which they are not reasonably qualified.

3.01 The Foundation hereby recognizes the Union as the sole collective bargaining agent for all Employees of the Foundation under the jurisdiction of the Union, in accordance with Article 2.01, to work within the bargaining unit.

3.02 The terms and conditions set forth in this Agreement shall have full force and effect for all EMPLOYEES in the bargaining unit as defined in Article 2, save and except as limited herein, provided that the foregoing shall in no event be construed or applied so as to contravene any applicable Provincial or Federal law(s).

3.03 The Union is a member of the International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts, of the United States, its Territories and Canada and the Foundation shall therefore not require, except as and to the extent modified by this Agreement, the Union or its members to do any act or omit to do any act or accept any obligations which are inconsistent with the duties and obligations imposed on the Union or its members by the Constitution and By-Laws of the International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts, of the United States, its Territories and Canada provided that the foregoing shall in no event be construed or applied so as to contravene any applicable Provincial or Federal law(s).

3.04 The Union shall supply a copy of the current Constitution and By-laws of the International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts, of the United States. Its Territories and Canada, and a copy of the current Local 461 Constitution and By-Laws to the Foundation, and any amendments thereto. The Union shall resupply these documents whenever they are amended or reissued by the Union or International Alliance.

3.05 The Business Agent and the President of the Union or a designated Union representative shall be admitted at all times into the area covered by this Agreement to supervise conditions coming under the jurisdiction of the Union.

4.01 Except as otherwise provided in this Agreement, the Foundation agrees to employ only persons supplied by the Union to work within the bargaining unit defined in Article 2.01.

4.02 The Union agrees to furnish competent theatrical stage workers {except when otherwise mutually agreed}, who are in GOOD STANDING with the Union and the Foundation, to perform work as required by the Foundation under the provisions of this Collective Agreement. The Union and Foundation agree that any change in an employee's standing by either party shall be reported to the other party within one calendar week.

4.03 (a) The Union agrees to supply and the Foundation agrees to employ the same Employees for rehearsals and performances of a production and that substitutes will only be made in case of

i) termination of employment;

or

or

iii) and /or bereavement leave or any approved leave of absence;

or

iv) the Foundation may reassign personnel on season calls for technical rehearsals or preproduction work calls to best utilize the skills within a dept. as determined by the Foundation and the Dept. Head. Schedule changes using this provision will require at least two weeks notice unless the notice is waived by the employee.

(b) For special presentations that are not part of the Shaw Festival Repertory Season, the Union agrees to supply and the Foundation agrees to employ the same Employees for rehearsals and performances who shall be drawn from the crew supplied for set-up.

4.04 It is the intention of the parties hereto that the Union will endeavour to furnish a sufficient number of workers as and when required by the Foundation for each of the job categories included in this Agreement. The Foundation will endeavour to provide sufficient notice to the Union of the number of workers and when they will be required.

4.05 When calling Employees to begin mounting or building a new season, the order of hiring within each section shall be as specified in attached Schedule B-Order of Hiring or as otherwise provided for in this Agreement.

4.06 Upon receipt of a call from the Foundation, the Business Agent shall have the right to question and consult on the positions required.

4.07 Employees will do their utmost to work overtime when required and especially in the following situations: during the period beginning two (2) weeks prior to the first public performance of each production which is entirely produced by the Foundation, and ending the day after the first such performance; and, when the overtime call would involve the running of a performance or a set change over.

4.08 The Union will supply, on request from the Foundation a list of current Union members and the respective job categories for which they are qualified.

4.09 At no time shall Union business be conducted with Employees during working hours unless such business is Foundation related.

4.10 There will be no discrimination, interference or restraint exercised or practiced by the Foundation or its representatives against any Employee because of the Employee's membership in , or connection with the Union.

4.11 There will be no discrimination, interference or restraint exercised or practiced by the Union or any of its members against any of the Employees or other personnel in the employ of the Foundation or, against the Management of the Foundation or against the Foundation itself.

4.12 There will be no solicitation for membership or any other Union activity by the Union or any of its members on the premises of the Foundation except with the written consent of the Foundation.

4.13 The Union acknowledges that it is the absolute right of the Foundation to establish a Freedom from Harassment policy in its workplace. The Union has received a copy and recognizes and supports the Freedom from Harassment policy established by the Foundation. The Union agrees that it will abide by the terms of the Freedom from Harassment policy as issued. The Union further agrees and undertakes to supply to all Employees a copy of the Foundation’s Freedom from Harassment policy and to support the Foundation in any training provided to Employees by the Foundation. The Foundation will supply an appropriate number of copies of the policy to the Union.

5.01 While seniority shall be considered, qualifications and competence shall always be the primary considerations by the Union in supplying Employees to work under this Agreement.

5.02 (a) The Foundation and the Union agree that when hiring a Seasonal Department Head or any permanent Employee(s) under this Agreement, the Foundation shall select such person(s) in consultation with the Union. The Foundation agrees to give due consideration to the Union in the selection of personnel for the above positions.

(b) The Foundation and the Union agree that when hiring an individual for a seasonal SUPERVISOR position under this Agreement the Union shall select such person(s) in consultation with the Foundation. The Union agrees to give due consideration to the Foundation in the selection of personnel for the above positions.

5.03 An individual hired into a SUPERVISOR’s position shall, subject to article 5.01, be given thirty (30) days to become familiar with the position. An initial performance evaluation of the individual shall be completed, in the presence of the Union Business agent or designate, by the Foundation at the end of the thirty day period. If the individual successfully completes this initial performance evaluation, the individual shall be subject to a further thirty (30) day probationary period and the performance of the individual during this probationary period shall be evaluated at such time or times as are determined by the Foundation and or the Union. If in the opinion of the Foundation, or in the opinion of the Union, the performance of the individual is, at any time during the probationary period, not satisfactory, the Foundation, or the Union with the prior consent of the Foundation, shall have the right to remove the individual from the SUPERVISOR’s position.

5.04 If the competence of any Employee covered by this Agreement is brought into question by either the Union Business Agent or the Production Director of the Foundation, the questioning party shall have the right to lodge a grievance in accordance with the terms of this Agreement, and shall furnish, in writing, the grounds upon which it questions the competence of any affected Employee.

5.05 A new permanent Employee shall be subject to a trial period of one year. All new Employees and all other Employees who change job category shall do so on a trial basis for a period of up to three months. The trial period may be extended monthly by mutual consent of the Production Director and Union Business Agent. This trial period review shall consist of monthly written evaluations of the Employees performance. The evaluations will be discussed in meetings with the Production Director, the Union Business Agent and the Employee. If the Employee proves satisfactory during the trial period, the Employee will maintain their present position. If the Employee proves unsatisfactory during the trial period the Employee will be returned to their former position.

5.06 A reevaluation period of an Employee may be instituted by mutual consent of the Union Business Agent and the Production Director of the Foundation at any time when the competence or qualifications of an Employee are questioned by either party. This reevaluation period will last a minimum of one month and up to a maximum of three months, consisting of monthly written evaluations of the Employees performance. These evaluations will be discussed in meetings with the Production Director, Union Business Agent and Employee. The reevaluation period will be resolved with the return of the Employee to prior status or discharge from that position.

5.07 If any dispute arises in respect to the decision by the Foundation as to the qualifications, performance or competence pursuant to this Article, then the Union shall have the right to refer the matter to Grievance Procedures in accordance with this Agreement, provided that the same is so referred by the Union within ten (10) days following the said decision by the Foundation.

6.01 In addition to the Foundation's complimentary ticket policy for Union Employees, the Foundation shall allow the Union Business Agent access to it's complimentary ticket policy equivalent to two (2) positions of regular Employee's.

6.02 The Foundation shall allow the Union Business Agent access to the Foundation's Administration house seats, when available, under the Foundation’s regular house seat policy.

6.03 The Foundation agrees to keep Union Business Agent informed of current house seat and complimentary ticket policies.

7.01 The Foundation will supply the Union with a list of positions required for the scene shop no later than within 5 days of the season being announced to the company, and for the production season at least 30 days prior to the second Sunday in January.

7.02 The Union will supply a list of Employees as positions are filled, and will in all cases confirm a list of Employees on a season call no later than fifteen days prior to the commencement of each position.

7.03 A Department Head who was employed for ninety days and remains in GOOD STANDING with the Union and the Foundation shall have prior claim to the position which they held in the previous season when positions are being assigned for the next season, provided that the position is not already subject to prior claim by another individual.

7.04 The season call for Employees may end on any day of the week without a guarantee upon the hours of work. Without limiting the above, the Foundation will endeavour to supply 40 hours of work for an Employee’s final week.

7.05 When the Foundation alters a Season Call it shall give the Union Business Agent and the Employee occupying the position four (4) weeks written notice which may be reduced by mutual agreement. If adequate notice is not given, the Foundation shall pay the Employee up to four (4) week’s pay in lieu of notice. This payment shall be reduced by one week for each week’s notice given. The notice shall include reasons for the decision to alter the Season Call.

8.01 The Union shall not cause, nor permit its members to cause, any strike, picketing or work slow down, or any other collective action which may stop or interfere with production or performance at any of the Foundation's facilities during the continuance of this Agreement, nor shall the Foundation cause, engage in or permit a lock-out at any of its facilities during the same time period.

9.01 Except as, and to the extent specifically modified by the Agreement, all rights and prerogatives of management are retained by the Foundation. The Union recognizes that the management of the Foundation directs the control of it's properties and the maintenance of it's premises.

9.02 The Foundation shall have the right to make such reasonable rules and regulations, policy and practices, deemed necessary for the conduct and management of all performance and working conditions; the right to qualified personnel; the right to direct its work force and the right to dismiss for just cause. Further the Union agrees that all Employees it supplies shall obey all rules and direction of any authorized Foundation representative, (in so far they do not conflict with the terms of this Agreement, nor with the Constitution And By-Laws, as legally amended, of IATSE Local 461 or the Constitution of the International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts, of the United States, its Territories and Canada).

9.03 The Foundation will meet with the Union Business Agent and/or President to discuss any changes to policies and practices of the Foundation prior to enactment of said changes. The Union will meet with the Foundation within one week of notification of a proposed policy change.

9.04 The Foundation management person authorized by the Production Director may at anytime supervise or direct any employee provided that it does not displace Employees in one department by Employees in another department and that the SUPERVISOR of the crew of the jurisdiction involved is made aware of such circumstances before the time of such supervision or direction.

The Foundation recognizes that no management or Design personnel shall perform any duties that are anywhere else in this Agreement specified or implied to be the duties of personnel covered in this Agreement.

9.05 The Foundation shall have the right to determine: the location and extent of it's operations and their commencement, expansion, curtailment or discontinuance; the direction of the working forces; the work to be done; the products to be produced; the standards of production; whether to make or buy goods and whether to perform or contract for services; the schedules of work and/or production and/or performance; the number of shifts; the methods, processes and means of performing work; job content and requirements; quality and quantity standards; the use of improved or changed methods, machinery and equipment; whether there shall be overtime work and, in consultation with the appropriate Department Head(s), who shall perform such work; the number of Employees needed by the Foundation at any time and how many shall operate or work on any job, operation, machine, or crew; starting and quitting time; methods to be used to ensure the security of the Foundation's property. Generally, the right to manage the enterprise and its business without interference, is solely and exclusively the right of the Foundation.

9.06 The Foundation will not exercise its management rights contrary to any express provision of this Agreement.

10.01 The Foundation acknowledges the right of the Union to appoint Stewards and have a Grievance Committee, and will recognize and work with the said Stewards and Grievance Committee while acting on behalf of Employees in connection with grievances.

10.02 The Union shall keep the Foundation notified, in writing, of the names of the Stewards and Grievance Committee members, and the effective date of their appointment. Such Stewards and Grievance Committee members need not be recognized by the Foundation until the Foundation has been so notified.

10.03 There shall be not more than four (4) Stewards selected by the Union. Stewards will represent Employees in each of the four permanent work sites defined as being: The Festival Theatre, The Royal George Theatre, The Courthouse Theatre and the Scenic Construction Shop. A list will be submitted to the Foundation by the Union. Stewards need not be recognized by the Foundation until the Foundation has been so notified.

10.04 The Union acknowledges that Stewards, Committee Members, and Union Officers in the employ of the Foundation, have regular duties to perform on behalf of the Foundation, and that such persons will not leave their assigned duties without requesting and obtaining the permission of their immediate supervisor and the Foundation’s management {such permission not to be unreasonably withheld}. When resuming regular duties they will report to their supervisor and will give a proper explanation when requested by the supervisor or the Foundation's management with respect to their absence. Compensation shall not be claimed of or paid by the Foundation for time spent by Stewards, Committee Members, or Union Officers, in the employ of the Foundation, while so excused from their regular duties.

10.05 To promote discussions on matters of mutual interest, the parties to this Agreement shall establish a Joint Standing Committee:

(a) Representatives at such meeting will be limited to three (3) representatives of the foundation, of which one (1) may be at the request of the Union, and three (3) representatives of the Union, of which one (1) may be at the request of the Foundation.

(b) Meetings will be held at the request of either party on the Employer's premises.

(c) Consultation may take place for the development of training programs and other areas of mutual interest as may be agreed to by the Committee. The Committee may also be requested to advise the Foundation in its long-term planning process. Under no circumstances can this Committee alter, amend, or interpret this Agreement.

12.01 Where a difference arises between the Parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either the Union or Foundation may, after exhausting all grievance procedures established by this Agreement: Notify the other party in writing of its desire to submit the difference or allegation to Arbitration; provided such request is delivered to the other party not later than fourteen (14) calendar days after the last step in the grievance procedure, where a decision has been rendered by one party which is not acceptable to the other party. This difference or allegation shall then be settled by expedited arbitration as described in Section 49, Labour Relations Act, (1995), S.O. 1995, c.1, and amendments thereto.

12.02 The party desiring to submit a grievance to arbitration shall, when delivering to the other party the written request as outlined above, include a notice which shall state the matter at issue in concise terms and shall state precisely in what respect the Agreement is seen to have been violated or misinterpreted, by reference to the specific Article or Articles relied upon. This notice shall also stipulate the nature of the relief or remedy sought.

12.03 Both parties shall share equally in the costs of arbitration, except that each party shall be responsible for the costs of its own legal counsel.

12.04 The Arbitrator shall have no power to add to, subtract from, modify or amend any of the provisions of this Agreement, nor to make any decision inconsistent with the provisions of this Agreement, nor to adjudicate any matter not specifically assigned to the Arbitrator by the notice to Arbitrate specified in this Article.

12.05 Notwithstanding the foregoing, the Arbitrator may consider common practice to be held in precedence to any provision of this Agreement, provided such common practice is not inconsistent with the provisions of this Agreement and provided further that such practice can be shown to meet the following conditions:

and additionally can be shown to have passed these conditions within the recency of the signing of this Agreement.

13.01 (a) A letter of warning shall be a written notice to an Employee, with a copy to the Union Business Agent, within five (5) days of the date on which the inappropriate work practices have occurred. This letter of warning will be included in an Employee's personnel file and will indicate that the GOOD STANDING of the Employee is in jeopardy.

(b) The Employee may appeal, in writing, the letter of warning to the Production Director within fourteen (14) calendar days. The Production Director’s decision regarding the appeal shall be final and will be given to the Employee in writing within five (5) calendar days of receipt of written appeal.

(c) An unretracted letter of warning shall remain current and enforced for eighteen (18) months from the date of issuance. Should an Employee receive a single letter of warning, then provided that there are no other warnings issued, the letter shall remain current and enforced for a duration of one calendar year.

(d) Cases in which a warning letter is issued on a matter of non-job related policy, such as unauthorized parking, shall not be used in determining an Employee's GOOD STANDING. Such letters will not be recorded on any Employee file.

13.02 An Employee may be suspended (without pay) by either the Union or the Foundation provided at least four written warnings for the same infraction have been issued to that Employee, that there has been prior consultation between the Union and the Foundation and such suspension shall not unduly jeopardize the rehearsal or performance of a production.

13.03 In all cases of Employee discipline {including warnings, suspensions and discharges} the Foundation will issue such discipline in writing to the Employee with a copy to the Union Steward whose zone encompasses the Employee's Department and with a copy to the Union Business Agent.

13.04 A claim by an Employee that the Employee has been discharged without just cause or contrary to the provisions in Article 13.09, shall be treated as a grievance and shall commence at the beginning of the grievance procedures set forth herein, provided a written grievance signed by the Employee and Employee's Steward is presented to the Production Director within eight (8) calendar days after the discharge.

13.05 When an Employee has been discharged while on the Foundation premises the Employee may interview the Employee's Steward or Union Business Agent privately in a room provided by the Foundation, away from the work area, for a reasonable period of time not to exceed thirty (30) minutes before leaving the Foundation's premises.

13.06 No person or persons employed under this Agreement shall remove or cause to be removed any equipment or material that is the property of the Foundation from the Foundation's premises without the written consent of the Production Director or representative thereof; in which case the person or persons shall, for the entire time that any Foundation property is caused to be absent from Foundation premises, be responsible for the condition of the equipment upon return and shall pay for the repair or replacement of any such equipment damaged. Violation of this rule shall be just cause for immediate discharge from employment.

13.07 No personal projects may be undertaken by any person or persons employed under this Agreement at any time, or in any area of Foundation jurisdiction or anywhere whatsoever on Foundation paid work time without receiving prior written consent from the Production Director or representative thereof. Violation of this rule shall be just cause for disciplinary action up to and including immediate discharge from employment.

13.08 The Foundation and Union agree that any suspected case of abuse of the sick leave provisions under this Agreement shall be investigated and that any proven instance of abuse shall be just cause for immediate discharge from employment.

13.09 It is agreed that when the Foundation terminates a Union position, it shall give the Union Business Agent four (4) week's written notice. The Foundation shall give the Employee occupying this position four (4) weeks written notice, or the Employee four (4) week's pay in lieu of notice. The Foundation agrees that the Union shall have the right of prior consultation. For informational purposes only, this notice shall include reasons which supported the decision to terminate the Union position. These reasons shall not be construed as required for termination and are therefore not subject to grievance.

13.10 It is agreed that when an Employee desires to leave the employment of the Foundation, the Employee shall give four (4) week's written notice of such desire to the Foundation and Union Business Agent. The resignation of any Employee's services to the Foundation may not occur within the period beginning two (2) weeks prior to the Opening of any production the Employee is working on in the Foundation's Season, and ending the day after any such Opening. Notwithstanding the foregoing, the four (4) week notice period may be reduced or waived by mutual consent of both Union and Foundation.

13.11 It is agreed that all notices of resignation, as required hereunder, may only be given at the beginning of a work week Any notice given later will not take effect until the beginning of the next week.

13.12 The Union agrees that should an Employee immediately resign, without serving proper notice as provided herein, the Foundation may withhold and lay claim to any monies owing to the Employee for wages, overtime or vacation pay owing to a maximum of four (4) weeks regular earnings {unless under the grievance and arbitration procedures herein contained justified resignation is established},and should the Foundation so elect, it may declare the employee to no longer be in GOOD STANDING with the Foundation, for a period of one calendar year after the date of resignation. At its discretion the Foundation may accept immediate resignation without applying the provisions of this article.

14.01 (a) All leave of absence requests must be in writing with 4 weeks notice. Leave of absence shall mean an unpaid absence from work requested by an Employee to the Production Director, with copies to the Union Business Agent for a specified period of time. Leave of Absence is permissive and shall be by mutual consent of the Foundation and the Union. The Foundation and Union's response to the request for leave shall be in writing, covering a specified period of time. A Leave of Absence is a temporary severance of employment and shall relieve the Foundation of any responsibility to pay wages or fringe benefits during its term.

(b) Notwithstanding the foregoing, the four (4) week notice period may be reduced or waived by mutual consent of both Union and Foundation.

14.02 The Foundation and Union may grant leave of absence to any Employee for legitimate personal reasons, but any leave of absence granted to such Employee shall be limited to a maximum of one year. An extension of leave of absence in writing must be approved by mutual consent of the Foundation and the Union.

14.03 If an Employee is unable to report for work at the expiry of the Employee's leave of absence, the Employee shall, unless it is beyond the power of the Employee to do so, notify the Production Director of the Foundation and Business Agent of the Union, seven (7) calendar days prior to the expiry date.

14.04 If an Employee overstays the Employee's leave of absence, the Employee is presumed to have severed employment, and abandoned any rights under this Agreement, save and except for the accrual of vacation calculation entitlement as per Article 17, with the Foundation unless the Employee can give an explanation satisfactory to the Foundation and the Union for the Employee's inability to return to work on the expiration date of the Employee's leave of absence.

14.05 Any delegates of the Union, elected or appointed by the Union for the transaction of Union business, shall be granted Leave of Absence without pay for a reasonable time subject to the following conditions:

(a) The Foundation shall not be required to pay for the training of a replacement for any Employee on such leave of absence;

(b) The Union agrees to notify the Foundation in writing at least fourteen (14) calendar days prior to the request for such leave of absence, or the Foundation need not grant leave;

(c) The Foundation reserves the right to refuse such permission, having regard to the efficiency of the Foundation’s operations.

14.06 An Employee will be granted up to three days paid leave when a child is born or legally adopted by the Employee or by their spouse/companion. Maternity/Paternity leave shall be taken within four (4) weeks of the expected date of birth/adoption.

14.07 To qualify for pregnancy and or parental leave as defined by the Employment Standards Act, all Employees shall have worked for the Foundation at least thirteen consecutive weeks, including work performed in the immediately previous season prior to the birth or adoption of the child.

14.08 In the event of the death of a member of the Employee's immediate family, an Employee is entitled to and shall be granted, bereavement leave of three (3) working days subject to the conditions set forth below:

(a) The Employee shall have completed three (3) consecutive months of continuous employment with the Foundation including work performed in the immediately previous season;

(b) The Employee shall be entitled to pay at the Employee’s normal rate of wages calculated at the regular straight time hourly wage rate for the hours the Employee would normally have worked to a maximum of eight (8) hours per day;

(c) Such pay shall be wages for all purposes;

(d) The Employee is entitled to be paid only in respect of those days in which the Employee was scheduled to work; and,

(e) Any payment made to an employee in respect of a bereavement leave, or the hours used in the calculation of such pay, shall not be utilized in the calculation of overtime hours or the payment of overtime pay.

14.09 Immediate family is defined as: father, mother {or alternatively step-father, step-mother or foster parent}, own grandparents, brother, sister, spouse, child, step-child or ward of the Employee, father-in-law, mother-in-law, or a person permanently residing in the Employee's household, or with whom the Employee permanently resides.

14.10 An Employee will be granted a one-day bereavement leave in the event of the death of a member of the Employee’s extended family on the same terms and conditions as set out in 14.08 (a) through (e) above.

14.11 Extended Family is defined as: spouse’s grandparents, legal guardian or such other category of relationship that the Foundation, at its sole discretion, designates.

14.12 Should the Foundation extend compassionate leave provisions in its other employment policies, than that extension will be deemed to be included in this agreement.

14.13 All Seasonal Employees may be given one day's unpaid leave for each month within a calendar season with the prior approval of the Foundation, provided that:

i) a trained understudy is in place for any such duties they may have on the day of the leave; and

ii) no overtime will be caused as a direct result of said leave.

15.01 (a) Sick Leave is defined as meaning the period of time an Employee is absent from work by virtue of being ill to the point where the Employee is prevented from working. Included in this definition is any period of time that an Employee may be under a doctor's order to refrain from work.

(b) Parents and Guardians of minor children shall be afforded the use of their accrued sick leave credits for the purpose of caring for their ill minor children.

15.02 Sick Leave Credits have a value equal to eight (8) hours pay at any given Employee’s basic straight time rate. Sick Leave Credits may be accumulated by each Employee at the rate of one day for the first eighty hours called in each month, and an additional one half day (4 hrs.) for each subsequent one hundred hours called in each month. Sick leave credits can be accumulated to a maximum of thirty,(240 hrs), sick leave credits.

15.03 When an Employee is off sick, the Employee may apply the sick leave credits to the amount of time that the Employee was scheduled for that particular day. (i.e. if an Employee was so scheduled, they could claim for 4, 8, or 12 hours pay at the straight-time rate only).Sick Leave credits may be used to a maximum of 40 hours in any given work week.

15.04 Accrued Sick Leave Credits may be used as a salary continuation during an Employee's Sick Leave. During the season, all Employees shall be entitled to use sick leave credits during a sick leave.

Off season Employees who have been scheduled to work at least five (5) consecutive days may use up to 50% of accrued sick leave credits during a sick leave, up to a maximum of the scheduled work period.

15.05 Notwithstanding the above, the maximum duration of any sick leave is fifteen consecutive days for any one leave.

15.06 A doctor's certificate may be required by the Foundation to substantiate any claim for sick leave pay; or, alternatively the Foundation may require the Employee to be examined by a physician, mutually agreed upon by the Union and Foundation, for such substantiation. Inability or unwillingness to provide such substantiation when requested by the Foundation will result in the loss of wages for the day(s) concerned.

15.07 An Employee's absence shall only be considered sick leave if the Union's Business Agent or Call Steward and the Production Department have been notified of the Employee's inability to report for work prior to the commencement of the Employee's scheduled call, unless the Employee was unable to do so.

16.01 The Foundation agrees to remit to the I.A.T.S.E. Local 461 Health and Welfare Trust an amount equal to 5.25% of the total gross wages for each Union member.

16.02 The payment required by Article 16.01 above shall be made monthly by cheque payable to the "Trustees of the I.A.T.S.E. Local 461 Health and Welfare Trust". The payment shall be remitted to the Trustees by the 15^th of the month following the month in respect of which the payment is made, and the Foundation shall, at the same time, provide particulars identifying the amount of contributions and identity of the Employees on whose behalf the contributions are made.

16.03 Upon request, the Trustees will provide the Foundation with a statement of guarantee confirming that the contributions required above have been deposited into the Trust Fund. At no time shall monies from this fund be used for the general administration of the Union or for the purpose of a strike fund, or any other purpose whatsoever.

17.01 The Foundation agrees to pay and remit monthly in trust to IATSE Local 461 or its designate for the credit to the account of each Employee an amount equal to:

i) 4% of total gross wages for Employees working under a Non-Union permit

ii) 6% of total gross wages for Employees with 1 - 5 consecutive years of service;

iii) 8% of total gross wages for Employees with 6 - 11 consecutive years of service; and

v) 12% of total gross wages for Employees with more than 15 consecutive years of service.

17.02 All Permanent Employees shall be entitled to take up to five weeks unpaid leave annually, at a time mutually acceptable to the Foundation and the Employee.

17.03 Employees who are Union members who provide one hundred and twenty (120) hours or more of service to the Foundation in successive contract years shall be entitled to vacation pay scaling as set forth in Clause 17.01 above.

17.04 Notwithstanding the above, an Employee may be absent from the Foundation's employment for one-half the number of full consecutive seasons worked and not lose the earned percentage seniority as stipulated in this article.

18.01 The following Public Holidays shall be considered as paid holidays for Employees, subject to the qualifications hereinafter set out:

New Year's Day Thanksgiving Day

Good Friday Christmas Eve Day

Victoria Day Christmas Day

Canada Day Boxing Day

Labour Day August Civic Holiday

18.02 The Public Holiday shall be deemed to commence at 24:00 hours of the day preceding and to terminate at 08:00 hours of the day following the Public Holiday.

18.03 To qualify to receive holiday pay an employee must work their last scheduled shift before and their first scheduled shift after the holiday, if so called.

18.04 An exception to 18:03 above shall be made by the Foundation if an Employee is absent from work because of personal illness or accident verified by a medical certificate, death in the immediate family for which bereavement provisions in this Agreement apply, or if the Employee has been granted leave of absence where the Employee's date of return is scheduled for the day after the holiday.

18.05 (a) Each Employee entitled to receive holiday pay shall receive the total amount of regular wages earned and vacation pay payable to the employee in the four weeks before the work week in which the public holiday occurred, divided by 20.

(b) These monies will be equivalent to 8 hours for full time and 4 hours for part time employees in the calculation of their weekly guarantee.

(c) These monies can not be used in the calculation of overtime for the work week for any purpose whatsoever.

18.06 An Employee required to work on any of the above-named holidays shall be paid as follows; two times the base rate for work between 8:00 and 24:00 and two and one half times the base rate for work between 00:01 and 7:59. If the Employee is entitled to holiday pay, the hours worked will be paid in addition to the Employee's holiday pay.

18.07 If an Employee has agreed to work on a Public Holiday and who, without reasonable cause, fails to report for and perform the work, shall not receive any holiday pay.

18.08 Notwithstanding the above, where a legal public holiday falls on a normal day off as defined by the Foundation, the day following the Public Holiday shall be the designated day off.

19.01 A Government-approved Group Registered Retirement Savings Plan (GRRSP), will be maintained and operated by the Union with an accredited Assurance Company, for the benefit of each IATSE Union member.

19.02 For the purpose of making contributions to this Pension Plan, the Foundation agrees to pay to the Union, amounts as follows:

19.03 Spousal Contributions

On request from a seasonal or permanent employee, a deduction in an percentage of gross wages stipulated by the Union Member, may be deducted for spousal contribution into an RRSP plan administered by the Union. Payment will be made by separate cheque in accordance with 19.04 and subject to 19.05 below.

19.04 This payment shall be made monthly by cheque payable to the "Pension Plan Fund of I.A.T.S.E. Local 461".

19.05 This fund shall be administered by the Union in trust, on behalf of the Union members, for the payment of pension plan premiums available through established insurance companies. These monies shall be kept and administered separately from any other funds or accounts of the Union. At no time shall monies from this fund be used for the general administration of the Union, for the purpose of a strike fund, or any other purposes whatsoever.

20.01 A permanent or seasonal Employee who is currently employed and is required to serve as a juror, or is subpoenaed as a Crown witness, shall receive an amount from the Foundation equivalent to the difference between the normal wages which would have been paid for that period and any remuneration received from the Crown for such duty upon receipt of a certificate from the court verifying the amount of pay received and time served.

20.02 The Foundation may request the permanent or seasonal Employee to ask that the permanent or seasonal Employee be excused from jury duty in respect of the Employee's obligations or duties to the Foundation, by means of a written request from the Foundation to the court. Permission to make such a request, on the part of the Employee, shall not be unreasonably withheld.

21.01 The Foundation and Union agree that the health and safety of all the Foundation Employees is a concern of the highest priority. The Foundation and the Union, realize the benefits to be derived from a safe and healthy place of employment. The Foundation and the Union agree that they together with all Employees, will incorporate safety conscious practices and adhere to the Foundation's Health & Safety Program and regulations.

21.02 The Union recognizes the Foundation's Joint Health and Safety Committee and agrees to participate in electing representatives to the Joint Health and Safety Committee. The Foundation agrees that the Union shall have at least one representative on the Joint Health and Safety Committee.

21.03 The Committee will meet through prearrangement not less than once per month from January first to October first, and at least once in the period of October first to January first of each year, and will assist the Foundation in an advisory capacity and function towards the prevention of accidents and occupational illness.

21.04 All notices concerning health and safety and any health and safety rules or regulations established by the Foundation, together with appropriate copies of legislation required to be posted by the Ministry of Labour in the Province of Ontario, shall be posted on a health and safety bulletin board reserved solely for this purpose by the Foundation. Postings shall only be made to this bulletin board with the approval of the Production Director.

21.05 The parties agree that all Employees are covered under the provisions of the Workers’ Compensation Act and entitled to benefits as provided therein. All Employees, the Union and the Foundation agree to abide by the terms of Workers’ Compensation Act and all the terms of the Health and Safety Programs of the Foundation. Any breach by an Employee of the Workers’ Compensation Act or the Foundation’s Health and Safety Program, rules or regulations, shall result in discipline.

21.06 Notwithstanding anything herein before contained, recognizing the mutual concern of the parties hereto for the safety of all Employees, the appropriate Department Heads or the Union Business Agent shall have free dialogue with the Foundation wherever necessary on the determination of crew sizes.

21.07 All accidents no matter how slight resulting in personal injury must be reported within twenty-four (24) hours to the Production Director with a copy to the Union Business Agent.

21.08 The Foundation will supply to the Union copies of: accident/incident reports; Workers' Compensation claim forms, as submitted by Employees; and, Minutes and Reports of the Health and Safety Committee of the Shaw Festival.

22.01 The Foundation agrees to supply the safety equipment which it has determined to be necessary and appropriate in each job category, excepting safety shoes or boots. Employees shall wear or use the safety equipment supplied by the Foundation and shall be subject to discipline for refusal or failure to wear or use such safety equipment. Employees who sign out their equipment at the beginning of each employment term, shall be responsible for such equipment's use and maintenance during their employment. Employees must turn in old equipment to obtain new equipment, and will turn in all equipment at the end of their employment term, otherwise the Employee must pay the replacement cost of the equipment.

22.02 (a) All Employees working in scenic construction, shall wear safety boots or shoes with a steel shank, which shall be in reasonable condition for wear.

(b) All Employees shall, whenever reporting to work for a rehearsal or performance, wear soft soled, steel toed shoes {eg: steel toed running shoes}, so as to maximize safety and minimize noise onstage, and shall be in reasonable condition for wear.

(c) Employees on all other calls shall wear safety boots or shoes, and shall be in reasonable condition for wear. The Union and the Foundation agree that they may mutually waive a requirement for safety shoes or boots on specific calls.

(d) These shoes or boots shall be supplied by the Employee with a Foundation cost subsidy as set out in this Agreement.

23.01 Each Employee shall be responsible for supplying the normal hand tools required to perform the work for which the Employee is employed. All such tools shall be in the Employee's possession and in good condition each time the Employee reports for work. The Union shall inform all employees of the minimum tool requirement.

23.02 All Employees shall supply high quality minimum tools as required in Schedule C - Minimum Tool Requirements, at their own expense, and shall report for work equipped with such tools at all times.

23.03 Any Employee who fails to report for work with minimum tools as described in the Schedule may be dismissed for the remainder of the work call without payment.

23.04 Any Seasonal or Permanent Employee may, if in need of money to purchase required safety equipment or tools, request a payroll advance from the Foundation for such purchase, upon the commencement of the Employee’s employment under this Agreement. The Foundation shall not refuse such request if the Employee agrees to sign a consent form allowing the advance to be repaid via payroll deduction at an agreed upon repayment rate. The repayment rate shall not exceed ten percent (10%) of the Employee’s gross pay in any one pay period, except with the Employee's consent, unless the pay period in question is the Employee's last, in which case the entire outstanding balance shall be deducted.

23.05 All tools supplied by Employees, to perform the work for which they are employed will be protected by the Foundation against loss due to fire, theft, pilferage, and damage so long as such loss is not caused as a result of the Employee's negligence. All tools supplied by Employees, in addition to Schedule C requirements, must be listed on a supplied tool list and submitted to the Foundation, in order to be covered by the above.

23.06 The Foundation will offer a subsidy to Seasonal and Permanent Employees for the purchase of safety boot or shoe replacement, replacement tools and blacks. Upon presentation of a receipt of purchase, the Foundation will subsidize the cost of safety boot or shoe replacement, replacement tools or blacks and with Permission of the Production Director, new tools, to a maximum of two hundred dollars ($200.00) per year.

25.01 The provisions of this Clause and those following in this Article shall not be construed to be a guarantee or a limitation upon the hours of work per day or per week, nor as a guarantee of working schedules.

The Foundation shall endeavour to create a full time position by combining part time positions whenever possible.

25.02 Weekly Guarantee

(a) The Foundation agrees to make forty (40) hours of work available to seasonal full time Employees and twenty (20) hours of work available to seasonal part time Employees during the scheduled term of their employment. Notwithstanding the foregoing, any hours an Employee is paid for during a work week while performing work in Foundation facilities for parties other than the Foundation, shall be applied to the Foundation’s undertaking to provide this guarantee. All hours submitted shall constitute part of an Employees guaranteed hours.

(b) Notwithstanding the provisions of (a) above, the Foundation may schedule up to 4 hours of time not worked per work week, to fulfil its obligations in providing a guarantee.

(c) When a part-time Employee has been scheduled for more than (20) hours in a week other than for the setup and run of performances, the Employee will notify the production office and the Department Head or SUPERVISOR within twenty-four (24) hours of the publication of the schedule that they either:

25.03 The Foundation agrees to employ five (5) Permanent Employees: one (1) Head Scenic Carpenter; one (1) Assistant Head Scenic Carpenter; one (1) Head Electrician; one (1) Head Stage Carpenter; and one (1) Head of Audio. These Employees shall make themselves available to the Foundation for a minimum of forty (40) hours per week.

25.04 The Foundation agrees to employ three (3) Employees on the following seasonal guarantee:

25.08 Work Day -The basic work day shall consist of eight (8) hours of work, exclusive of meal breaks, which will normally be one (1) hour, between the hours of 00:01 and 24:00.

25.09 Days Off

(a) At the commencement of the Foundation Production Season, to the end of the Foundation’s final production run of that season, the Foundation shall designate a day off for all Employees, save and except for Employees working in the Scenic Construction Shop. Should a public holiday as set forth in this Agreement occur on the designated day off, the designated day off will be moved to the day immediately following the public holiday.

(b) During the remainder of each year, two (2) days per week shall be designated as days off by the Foundation for all Employees save and except for Employees working in the Scenic Construction Shop. The Foundation will endeavour to schedule the two (2) days off to be consecutive.

(c) For Employees working in the Scenic Construction Shop and the Construction Electrician, Sunday will be the designated day off at all times.

25.10 Changing Day Off -During any Production Run, the Foundation shall give the Union 30 days’ notice of any change in the designated day off. At all other times, the Foundation will give the Union seventy-two (72) hours’ notice of any change in any designated day-off.

25.11 Hours of Day Off - The day off is deemed to begin at 24:00 midnight the previous working day and to end at 07:59 hours of the next working day.

25.12 Standard Work Hours - For all Work performed between the hours of 08:00 hours and 24:00 hours, the basic hourly rate shall be paid, except as hereinafter provided.

25.13 Night time Work Hours-All work performed between 24:00 hours and 08:00 hours shall be paid at a rate of double the base rate or at the prevailing rate plus an additional half (½) times the base rate, whichever amount is greater. These hours shall be considered part of the Employee's regular forty (40) hour work week for the purpose of calculation of overtime.

25.14 Work on the Day Off - For all work performed during the day off as defined by this Agreement, a rate of Double the base wage rate shall be paid for the first eight (8) hours worked, and an additional half (½) times the base rate for each additional hour worked.

25.15 Performance - For the purposes of pay computation, a performance shall in all instances except as provided herein be paid as a minimum four-hour call which must begin no later than the ½ hour call. This call will continue to the final curtain and may continue after the final curtain to allow for onstage strike and clean-up in preparation for the change over or to reset to the top of the show when no change over is to occur. A Performance Call, once set, shall not be shortened unless the nature of the work has changed. Performance Calls for back-to-back performances may be shortened.

25.16 Short Performance Call - Any performance or rehearsal shorter than two (2) hours shall be paid as a three hour minimum call. This call must begin no later than the ½ hour call, will continue to the final curtain and may continue after the final curtain to allow for onstage strike and clean-up in preparation for the change over or to reset to the top of the show when no change over is to occur.

25.17 Whenever possible, the Crew Call will be scheduled one-half hour prior to the Cast Call time for on-stage rehearsals. Where possible, cast calls for on-stage rehearsals will end prior to the end of the crew call to allow for post-set.