Ladies and Gentlemen of the Orchestra, Below is the amended "Hail-Mary" proposal that the LOMC submitted to L.O.

, Inc. via Ralph Craviso over the weekend. This proposal is a last effort to secure a contract for our orchestra and is far beyond what we ever hoped would be presented to the orchestra. It follows the mediators direction to the letter that we go as far as we absolutely can go. It also contains a feature by which we have offered to play services in December as a gesture of goodwill to the community at large, and to encourage the management and board to avail themselves of much needed fundraising and goodwill-restoring initiatives. We hope that this might help to prompt a resolution and get much needed health insurance reinstated November 1, especially in light of some of the medical tragedies some of our colleagues are experiencing. L.O., Inc. will respond formally later this afternoon through Craviso to the LOMC. We were told by Craviso in a conversation this morning that he did not consider our proposal a proposal but a "position." Further he indicated that he had a conversation with Chuck yesterday that, although Chuck would contact members of his executive committee, that Chuck is in favor of rejecting our proposal. He also indicated that the LO BOD has authorized Chuck Maisch to hire a replacement orchestra pending final confirmation at this Wednesday's LO BOD executive directors meeting. If such decision is made, letters will be sent to individual musicians Thursday. L.O., Inc. remains committed to: (1) no more than 55 musicians anytime in the future; (2) renegotiating the entire CBA working from their document (which ravages our CBA like a kid in a candy shop grabbing everything in sight, including adding the "Restrictive Covenant" clause, a misnomer which nevertheless forbids us to work outside of the orchestra - which we will surely need to do to make ends meet), working in near 100 degree heat, half the toilets etc.; (3) outright rejection of our Educational Services article which has been the practice since 2001, even when no longer in the CBA document. We have consistently proposed retaining the status quo CBA language, except for restoring the education services article from the 2001-2006 agreement that continued to be followed in the 2006-2011 agreement. Management proposed the catalog of changes sampled above but sent to each of you previously, part of their strategy to obliterate the CBA as we know it through bankruptcy and imposition of its wishes either that way or just plumb through starving the musicians out. Never once in many months of negotiations, before and since the mediation process began with Messrs. Craviso and Mangeot, have they been discussed. If they had been we would have had to counterpropose restoring the dozens of concessions we discovered had been made in the 2006 negotiations. We chose instead to make this offer, rather than one that would entail many more months of struggle, and thus merely to leave the old CBA language, weak as it is in many places, alone. Our new proposal in effect calls for the Board and Management of the Louisville Orchestra, Inc. to join us in this effort. Please examine the enclosed information carefully. We will be in touch as more information emerges. In solidarity, LOMC

Oct. 3, 2011 For Immediate Release

Contact: Kim Tichenor 502-418-7210

Louisville Orchestra Musicians Offer Enormous Concessions toward Agreement, but are Rebuffed Within Moments
The Louisville Orchestra management rejected a musician contract proposal Monday evening that would have sliced $750,000 from the existing contracts musician costs, then maintain a pay freeze for the next five years. It would have cut the number of weeks in the orchestras season, and the number of full-time orchestra musicians, all terms the management demanded in a contract settlement. The revised proposal would have cut the number of musicians to 57, from 71 previously required, and cut the number of weeks in the 2011-12 season to 30, from the 37 weeks in the expired contract. The musicians proposal agreed to freeze pay at 2010-11 weekly pay levels for five years for the 60 full-time musicians who would staff the orchestra from September 2012 through May 2016. The cost difference between the musicians and the managements proposal is less than $190,000 for the contracts first year, in a total projected budget of over $5 million. The contract proposal and rejection came in the wake of visits by the nationally known management consultant who has been mediating the talks between the Louisville Orchestras management and its musicians. Ralph Craviso, a former vice president of American Airlines who has represented orchestra managements in negotiations with their musicians in Seattle, Philadelphia and Jacksonville, spent the past two weeks studying the Louisville Orchestras finances, and convening meetings in Louisville, shuttling between the two sides, which never met face-to-face. The musicians new proposal is appended to this bulletin in its entirety. It resists LO managements cancellation of the musicians pensions and preserves the jobs of present musicians. Said Kim Tichenor, the head of the musicians negotiating committee, We were faced with the impossible choice of saving the institution we love, which our proposal does, or cannibalizing our colleagues and losing our pensions. The orchestras management had unilaterally set a Sept. 30 deadline to reach an agreement with the musicians. Its proposal was a take-it-or-leave-it demand that, among other Draconian provisions, the musicians agree to strip the orchestra of 21 positions, including discarding 12 existing musicians, lose their pension contributions, be restricted, despite no more than 30 weeks of work, from performing elsewhere as they and symphony musicians everywhere often do when not performing for their orchestra.. Although the deadline was extended over the weekend, the management indicated it would then seek to staff the orchestra with replacement musicians or file for Chapter 7 bankruptcy, which would dissolve the institution. At the end of the sessions, Craviso communicated the musicians proposal to the orchestras attorney, Jim Smith, who rejected it without submitting it to the institutions board.

I had to face the orchestra yesterday and ask for approval to make a Hail Mary offer that put each of us in such financial straits that even if approved, might not be sufficient to keep people surviving in this town. To have this willingness to sacrifice and meet managements main terms met with such cavalier dismissal is truly a tragedy not only for us, but for our beloved city, its reputation, and our audiences. The problems come just before the Louisville Orchestra was due to celebrate its 75th anniversary. Finding replacement musicians might be difficult, because the American Federation of Musicians has placed the Louisville Orchestra on its unfair list. Another possibility is that the orchestra will file for Chapter 7, which will effectively dissolve the institution on the eve of its 75th anniversary, which was due to kick off in September 2012 and which both the musicians and the management had counted upon to add significant revenue gains to fund their respective visions for the orchestra. Tichenor, the musicians negotiating chair, had hoped the talks with Craviso, whose selection as a mediator was unusual since he has exclusively represented managements, would give LO management opportunities to reach out for help in solving the institutions problems. Mr. Craviso brought administrative experience from business and non-profits to help us, and solid management-side labor relations credibility Tichenor said. He had a broad overview of how the orchestra world works, but I perceived he just couldnt make the management veer from the theoretical model they decided upon in advance against all advice. In fact, their proposals continued to seem designed to be rejected, leaving the community and the musicians in the lurch. Who knows if an orchestra will ever emerge from the ashes of what this management and board have left of what used to be the Louisville Orchestra. We are willing to do our part, and our proposal remains on the table. Cravisos intervention was funded by a $20,000 anonymous donation that had been coordinated by Mayor Greg Fischers office and funneled through the Louisville Community Foundation.

The Musicians rejected proposal follows:

Via e-mail October 3, 2011 to Mediators Ralph Craviso and Henri Mangeot Dear Mr. Craviso: It was, as you suspected, impossible for the musicians of the Louisville Orchestra to accept the Template/Supposal you conveyed from LO management. The musicians cannot cannibalize their colleagues as they have been requested to do,

and soundly voted not to accept the terms and conditions you conveyed. At the same time, we know you understand how mich we want to reach a workable agreement and restore the Louisville Orchestra to musicmaking. Accordingly, as we have been authorized by the full Orchestra to do, we have a new proposal. As you can see, the following proposal severely cuts the number of Musicians in the Louisville Orchestra (but does not, as LO management demands, eliminate any of the current musicians in the Orchestra). Our proposal further severely cuts the Musicians pay and weeks of employment from our last proposal, and even moreso (specifically, $750,000) from what musicians were compensated in 2010-2011. You will also note that the cost of the first full year of our proposal (2012-13) is within $190,000 of the LOI proposal for the same year. We know that this slashed version of the LO is do-able if there is the will on the part of the Board and the community to have a professional orchestra in Louisville. Perhaps you can ascertain if that will actually exists in proffering the following. Proposal of Louisville Orchestra Musicians Committee and Local 11-637, A.F.M., and the Musicians of the Louisville Orchestra Contract Duration: 5 years including current year (October 1, 2011- May 31, 2016 Year 1 (FY12) October 1, 2011- May 31, 2012 - 15 Weeks of employment - Minimum of 57 Contract Musicians - Immediate Restoration into the AFM-Employers Pension Fund - Unemployment Benefit Appeal by LOI to be withdrawn

Year 2 (FY13) June 1, 2012 May 31, 2013 - Minimum 30 Weeks of employment - Minimum of 60 Contract Musicians Year 3 (FY14) June 1, 2013 - May 31, 2014 - Minimum 32 Weeks of employment - Minimum 60 Contract musicians Year 4 (FY15) June 1, 2014- May 31, 2015 - Minimum 33 Weeks of employment - Minimum 60 Contract musicians - Year 4 will also include a wage increase for Contract musicians as per the following terms (as proposed by LOI): -IF the Louisville Orchestra Foundation provides an endowment draw at any time during the period of Year 4, Contract musicians shall be entitled to a maximum of a 1% pay raise so long as the Louisville Orchestra, Inc. receives no less than $200,000. Year 5 (FY16) June 1, 2015- May 31, 2016 - Minimum 33 Weeks of employment - Minimum 60 Contract musicians - As proposed by LOI, if the Louisville Orchestra Foundation provides an endowment draw at any time during the period of Year Four, Contract musicians shall be entitled to a 1% pay raise so long as the Louisville Orchestra, Inc. receives no less than $200,000. - Year 5 will also include the additional 0.5% pay raise for Contract musicians proposed by LOI if the Louisville Orchestra Foundation provides an endowment draw of no less than $264,000. All other terms and conditions of the 2006-2011 Master Agreement between the Louisville Orchestra, Inc. and the Louisville Federation of Musicians Local 11-637, AFM/LOMA will remain in effect, except that the education services provisions of the previous master agreement (Article 18) that expired in 2006 will, as previously proposed on May 16, 2011, be restored in

order to maximize the utilization of the Orchestra in fulfilling its educational and community-building mission.

October 1, 2011

2006 2011 - 20112017 MASTER AGREEMENT

between

The Louisville Orchestra, Inc.

and

American Federation of Musicians of the United States and Canada

TABLE OF CONTENTS
ARTICLE 1. CONDITIONS OF AGREEMENT
1.1 1.2 1.3 1.4 1.5 1.6 1.7 2.1 2.2 2.3 2.4 3.1 3.2 3.3 4.1 4.2 4.3 5.1 5.2 5.3 5.4 5.5 6.1 6.2 6.3 6.4 6.5 Purpose of Master Agreement Term Salary Contract Weeks Change of Master Agreement Force Majeure (Act of God) Recognition Union Security Union Steward Dues Equal Opportunity Union/Committee Activity Segregated Audience No Strike Picket Lines No Lockout Minimum Number of Musicians Instrumentation Individual Contracts Tenure Vacancies Term Standing Committees Joint Committees Subcommittees Board Committees
ii

page 1 page 1 page 1 page 1 page 1 page 1 page 2 page 2 page 2 page 2 page 2 page 3 page 3 page 3 page 3 page 3 page 3 page 4 page 4 page 5 page 5 page 6 page 6 page 6 page 6 page 7 page 7

Designation and Protection of The Louisville Orchestra

ARTICLE 2. RECOGNITION AND UNION SECURITY

ARTICLE 3. NO DISCRIMINATION

ARTICLE 4. STRIKES AND LOCKOUTS

ARTICLE 5. EMPLOYMENT OF MUSICIANS

ARTICLE 6. COMMITTEES

6.6 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 8.1 8.2 8.3 8.4 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 10.1 10.2 10.3

Musician Representation on Louisville Orchestra Board of Directors page 7 Wage Scales Seniority Pay Overtime Doubling Move-up Compensation Payroll Insurance Pension Tickets Workers Compensation . . .. . page 8 page 8 page 8 page 9 page 9 page 9 page 9 page 9 page 9 page 11 page 12 page 12 page 12 page 13 page 14 page 15 page 15 page 16 page 16 page 16 page 18 page 18 page 18 page 18 page 19 page 19 page 19 page 20 page 21 page 22 page 23

ARTICLE 7. WAGES AND COMPENSATION

Outside Employment/Educational Ensembles Personal Service Reimbursement Rate

ARTICLE 8. BENEFITS

ARTICLE 9. WORKING CONDITIONS

Service Length Limitations; Intermission Overtime Maximum Services in a Week Off Days/Five Day Week Rehearsal on Day of Performance Conditions at a Service Sectional Rehearsal(s) Overnight Interval Arrival Time String Revolving Individual Music Parts Split Orchestra Schedule Policy Rules Tour and Run-out
iii

.. .. ..

Double Service Days/Double Rehearsal Days

Service Limitations during Holidays Number of Different Programs in a Week

String Relief Through Equitable Rotation

ARTICLE 10. SCHEDULING AND NOTIFICATION

Winter and Summer Schedule Procedure

10.4 10.5 10.6 10.7 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 12.1 12.2 12.3 12.4 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 14.1 14.2 14.3 14.4 14.5 14.6 14.7

Recording Service(s) Auditions Scheduled Overtime Cancellation of a Service Application Definitions Schedule Transportation Lodging Working Conditions Per Diem and Meal Times Emergencies on Tour Vacations Personal Services Leaves of Absence Representation Resignation Review Committee

page 23 page 23 page 23 page 23 page 24 page 24 page 24 page 25 page 26 page 26 page 29 page 30 page 30 page 31 page 32 page 33 page 35 page 35 page 35 page 36 page 37 page 37 page 38 page 38 page 38 page 38 page 39 page 39 page 40 page 40 page 40

ARTICLE 11. TOUR AND RUN-OUT

ARTICLE 12. VACATIONS, PERSONAL SERVICES, LEAVES

Floating Vacation and/or Personal Service(s) Utilization Guidelines ..

ARTICLE 13. RESIGNATION, DISMISSAL, DEMOTION, PROBATION

Dismissal for Failure to Maintain Consistent Musical Standards Demotion for Failure to Maintain Consistent Musical Standards Musician Request of a Demotion Musician Status Mandatory AFM Agreement Musician Agreement and Notification Local, Non-Commercial Radio Broadcasts Archival Tapes Grant Tapes Probation and Dismissal for Just Cause

.. .. . .

ARTICLE 14. ELECTRONIC MEDIA

Compensation for Electronic Media Sessions

..

Recorded Segments for Promotional Use

iv

ARTICLE 15. AUDITION, ADVANCEMENT/APPOINTMENT

15.1 15.2 15.3 15.4 15.5 15.6 15.7 16.1 16.2 16.3 16.4 16.5 17.1 17.2 18.1 18.2 18.3 18.4 18.5 19.1 19.2 19.3 19.4 19.5 19.6 19.7 20.1 20.2 20.3 20.4 Audition Policy Rules Audition Procedures National Audition Interim Advancement/Appointment Notification of Audition Auxiliary Audition Committee Remuneration Definition Procedure on Individual Grievance Arbitration Final Resolution Outside Employment Definition Procedures Administration Participation Payment Working Conditions .. .. page 40 page 44 page 44 page 45 page 45 page 45 page 46 page 47 page 47 page 48 page 48 page 48 page 49 page 49 page 49 page 49 page 49 page 50 page 50 page 51 page 51 page 51 page 51 page 51 page 51 page 51 page 52 page 52 page 52 page 53

ARTICLE 16. GRIEVANCE PROCEDURE AND ARBITRATION

Procedure on Union or Society Grievance

ARTICLE 17. OUTSIDE EMPLOYMENT

ARTICLE 18. EDUCATIONAL SERVICES

Education Service Presentation Formats Definition Engagement of Auxiliaries Compensation Electronic Media Sessions Compensation for Tour or Run-out Per Diem Application Notification of Absence Equal Distribution of Stand-by Duties Edited Music
v

ARTICLE 19. AUXILIARIES

.. Auxiliary Rights and Union Responsibilities ..

ARTICLE 20. STAND-BY

20.5 20.6 20.7 20.8 20.9

Emergency Procedure String Stand-by Assistant Principal Winds Non-Assistant Principal Winds Brass

page 53 page 53 page 53 page 54 page 54 page 54 page 54 page 55 page 56 page 61

20.10 Non-Assistant Principal Brass 20.11 Auxiliary as Principal

APPENDIX A. DOUBLINGS SIGNATORY PAGE

APPENDIX B. ABBREVIATIONS AND DEFINITIONS

vi

ARTICLE 1. CONDITIONS OF AGREEMENT

1.1 1.2 The Purpose of this Master Agreement is to set the wages, hours, and working conditions for Orchestral Musicians represented by the Union who are to be engaged by the Society. The Term of Master Agreement shall be in full force and effect from September October, 201106 to and Including May 31, 20171. Each of the following periods shall be hereafter referred to as a Full Contract Year: First Full Contract Year (up to 301 weeks): June 1, 201206 to and including May 31, 201307 Second Full Contract Year (up to 335 weeks): June 1, 201307 to and including May 31, 201408 Third Full Contract Year (up to 345 weeks): June 1, 201408 to and including May 31, 2015 Fourth Full Contract Year (up to 34 weeks) June 1, 2015 to and including May 31, 2016 Fifth Full Contract Year (up to 35 weeks) June 1, 2016 to and including May 31, 201709 Fourth Contract Year (36 weeks): June 1, 2009 to and including May 31, 2010 Fifth Contract Year (37 weeks): June 1, 2010 to and including May 31, 2011 Negotiations for the contract year(s) following the expiration of this Agreement shall occur no later than January 1, 20171. 1.3 Salary. Notwithstanding the above or anything else in this Agreement, increases in salary, seniority increment, extra service and overtime pay, and all other forms of monetary compensation under this Agreement shall take effect on the beginning of each contract year. Contract Weeks A. a For each of the contract years, the Society shall may designate a Winter Season and/or four (4) week Summer Season. The weeks within the Winter Season may be noncontiguous and the Society will attempt to configure the season with one (1) dark week between September 1 and November 30, two (2) dark weeks in January (the first two (2) weeks), and one (1) dark week between February 1 and May 31. B. The Society may increase the number of contiguous (attaching to either the beginning or end of the Winter Season and/or the beginning or end of the Summer Season) contract weeks provided that the Society shall give no less than six (6) months notification to the Musicians.

1.4

1.5

Change of Master Agreement. (including modification, deletion, or amendment) to the Master Agreement during the term of this Agreement will require approval by: 1. a majority vote of the Musicians, and 2. the Union, and 3. the Society.

1.6

Designation and Protection of The Louisville Orchestra

1

A.

The designation Louisville Orchestra, Members of the Louisville Orchestra, L.O. or any similar designation shall not be used by any Musician or Musicians unless in connection with an event under the auspices of the Society, and with permission in writing.

B.

Any orchestra performance in which the name Louisville Orchestra is used shall be considered a service under the terms of this Agreement, whether such performance is sponsored by the Society or is sold to another. It is understood that the primary purpose of the Louisville Orchestra is to present concerts that are substantially of a symphonic nature, including, but not limited to, opera, ballet, and choral works which are primarily orchestrated for standard symphonic instruments. The Society shall not permit services of Orchestra members to be used in ways which would lessen or compromise the dignity of the Louisville Orchestra. Restrictive Covenant. During the term of this Master Agreement (as described in paragraph 1.2), no Musician shall, on such Musicians own behalf or for any other person or entity, except for and on behalf of the Society or the Association of the Louisville Orchestra, (a) participate in the production or presentation, whether as a musician, sponsor or otherwise, of orchestral performances by Keep Louisville Symphonic (KLS) or any successor of KLS or entity related to KLS or similarly competitive or alternative orchestra, whether such orchestral performances are free or paid admission events; or (b) solicit or accept contributions, charitable or otherwise, related to, directly or indirectly, the Societys purposes and missions of presenting orchestral music; or (c) otherwise perform any services for KLS or any successor of KLS or entity related to KLS or similarly competitive or alternative orchestra, any clients or former clients of the Society, of the type performed by the Society, without express, prior written authorization to do so by the Chief Executive Officer of the Louisville Orchestra. For the purposes of this paragraph, the term orchestral performances does not include chamber music services. Any Musician determined by the Society to have breached this provision shall be subject to immediate termination of employment at the Societys sole discretion.

C.

1.7

Force Majeure (Act of God). Neither the Society nor the Union (including Musicians) will be held liable for unexpected and unpreventable disruptive events beyond the control and foresight of the parties; however, the failure of a subcontracted entity to fulfill its contracted responsibility to the Society shall not constitute a force majeure, unless the failure is due to an independent force majeure such as inclement weather.

ARTICLE 2. RECOGNITION AND UNION SECURITY

2.1 Recognition. The Society recognizes the Union as the sole and exclusive collective bargaining agent and the Louisville Orchestra Musicians Committee (L.O.M.C.) as the designated representative of the Union for all Musicians employed by the Society. Union Security. All Musicians covered by this Agreement shall, as a condition of employment, be or become members of the Union (Local 11-637) no later than the thirtieth (30th) calendar day following the beginning of employment or the effective date of this Agreement, whichever is later; provided, however, that those Musicians who are members of the Union as of the date of signing of this Agreement shall remain so as a condition of employment.

2.2

2.3

Union Steward. The Union will retain a Union Steward (Union Representative) designated by the L.O.M.C. The Union Steward shall be a member of Louisville Orchestra Musicians Association (L.O.M.A.) in good standing. The Union Steward (or designee) shall have the authority to represent the Union in dealing with the Society concerning all matters relating to the administration of and operation under this Agreement. The Union Steward (or designee) shall have the authority to halt a service, when in the opinion of the Union Steward, severe departures from this Agreement, working conditions or disruptive conflicts warrant such action. A resolution will be sought and, if possible, the service shall resume. Dues A. Upon receipt of a written authorization from a Musician, the Society will deduct from that Musicians pay the following dues and payments required under Section 2.2: ! ! ! ! ! Union membership dues (and assessments, when applicable), Work dues, I.C.S.O.M. dues, Strike Fund payments (when applicable), and L.O.M.A. annual dues.

2.4

The Society shall begin deducting these dues and payments only after receipt of the Musicians written authorization and shall make these deductions (Union membership dues, work dues, I.C.S.O.M. dues, strike fund payments and L.O.M.A. annual dues) during each payroll period. The aggregate sums collected through these deductions, as well as an itemized deduction schedule, shall be transmitted no later than three (3) business days after collection to the authorized representatives. B. The Union shall submit to the Society a schedule of percentages of applicable earnings to be deducted from the pay of each Musician who has submitted a written authorization in accordance with the preceding paragraph, and the Society shall not be obligated to deduct any money from that Musicians pay until such statement from the Union is received. Only a written request from the Musician to retract the authorization shall nullify the original request to withhold dues.

ARTICLE 3. NO DISCRIMINATION
3.1 Equal Opportunity. There shall be no discrimination by the Society on the basis of race, age, color, creed, gender, disability, national origin, religion, or sexual orientation against any Musician employed by or seeking employment by the Society. Neither the Union nor the L.O.M.C. shall likewise discriminate. Union/Committee Activity. There shall be no discrimination or reprisal by the Society against any Musician for any Union or Committee activity. Segregated Audience. The Society shall not allow the Orchestra to perform before a segregated audience based on any of the above prejudices.

3.2 3.3

ARTICLE 4. STRIKES AND LOCKOUTS

4.1 No Strike. The Union agrees that it will not engage in, authorize, support or condone any strikes, walkouts, or other interruptions of the orderly performance of services during the term of this Agreement. In the event that any employee(s) covered by this Agreement shall engage in any of the above activities, the Union will remind such employee(s) that such activity is in violation of the No Strike agreement.
3

4.2

Picket Lines A. It shall not be a violation of any provisions of this Article if a Musician refuses to cross a picket line: 1. established by or in support of the American Federation of Musicians or its affiliated area local, or 2. under circumstances involving either lawful or unlawful picket lines which present a reasonable apprehension for the safety of the person or property of the Musician. B. A Musician or Auxiliary shall be required to cross: 1. a picket line at the Kentucky Center for the Arts, 2. an informational picket, and/or 3. an illegal picket line.

4.3

No Lockout. The Society agrees that there shall be no lockout during the term of this Agreement.

ARTICLE 5. EMPLOYMENT OF MUSICIANS

5.1 Minimum Number of Musicians A. B. [See Attached Memo] When future positions are vacated, the Music Director, the L.O.M.C., and the Society shall assess the Orchestras current instrumentation utilization needs and, when warranted, will agree to leave a position vacant in exchange for creating a new full-timecontract Musician opening. Instrumentation shall consist of at least the seventy-one (71) positions outlined in Section 5.1 with the following exceptions: 1. Traditional instrumentation (Daniels Orchestral Music used as reference), 2. Limited performance area, or 3. As outlined in Section 12.3.a. B. Any work programmed shall be staffed as scored with the following exceptions: 1. on Classics programs: a. when listed as an option in Daniels Orchestral Music, andor b. by mutual agreement between the Music Director and the Artistic Advisory Subcommittee. 2. on non-Classics programs: a. when listed as an option in Daniels Orchestral Music, andor b. by mutual agreement between the presiding conductor and the Artistic Advisory Subcommittee. C. To maintain complete instrumentation, a temporarily vacant orchestra position
4

5.2

Instrumentation A.

shall be filled by an Auxiliary whenever a Musician will be absent for more than half (0.5) of the rehearsals and/or any of the related performances. 5.3 Individual Contracts A. Musicians individual contracts incorporate this Agreement by reference. A Musician may negotiate conditions and/or salary with the Society in addition to, but not less than or inconsistent with, the provisions of this Agreement. Individual contracts shall be issued or mailed no later than April 1 of each contract year to be signed or mailed by the Musician no later than May 15 of each contract year. The position of each Musician shall be designated (where applicable) by section and chair and/or title, weekly salary plus seniority pay and tenure designation. A written individual contract shall immediately be offered to the winning candidate of any audition, who must sign this contract within ten (10) days of the offer (see Section 15.3.e.). If the winner rejects the contract or the ten (10) day limit expires, then this contract shall be offered to the next candidate in order of ranking, if the audition committee ranked qualified candidates. (see Section 15.1.d.(2)(d)(ii)) A musicians first two (2) years of employment shall be considered probationary. First performance appraisal. After six (6) months, but no later than twelve (12) months, from the date of the Musicians first service with the Orchestra, the Music Director shall meet with the Musician along with the section principal (or, if a principal position, with principals from related sections), and the Union Steward to review the progress of the Musician toward tenure. If the Music Director is out of town at this time, he/she may participate via telephone or electronic mail. Problems, if any, will be noted at that time with such specificity as to provide the Musician an opportunity to correct them. Second performance appraisal. After eighteen (18) months, but no later than twenty-four (24), months from the date of the Musicians first service with the Orchestra, the Music Director shall meet with the Musician, along with the section principal (or, if a principal position, with principals from related sections), and the Union Steward. Notwithstanding the above, if problems are noted in the first Performance Appraisal that could affect the decision on tenure, then the second Performance Appraisal shall be not more than twelve (12) months after the first. At this time, the Music Director, in consultation with the section principal(s) present, shall either grant tenure or release the Musician from employment effective at the earlier of (a) one (1) month from the date of this meeting or (b) the end of the Musicians current contract. If the Music Director is out of town at this time, he/she may participate via telephone or electronic mail. A representative of the Society may attend either or both of these Performance Appraisal meetings. (see Section 13.4.b.) B. All Musicians who had tenure before September 1, 2001 shall retain tenure, except those Musicians who have retired, resigned, died, or have been dismissed. A Musician advancing by audition within a section to a non-titled chair shall transfer his/her tenure to the new position, retaining full seniority from the date of the beginning of full-timecontract employment by the Society. A Musician advancing by audition to a titled position shall retain tenure and seniority in
5

B.

C.

5.4

Tenure A.

his/her previous position and after one (1) calendar year, shall receive tenure in the new position, if still occupying it. 5.5 Vacancies A. B. C. Temporarily vacant orchestra position (see Section 5.2.c.) Partial Leave Vacancy (see Section 15.4.a and 15.4.b.) Full-Year Leave Vacancy (see Section 15.4.c.) For a full-year leave, a full-time replacement Musician shall be chosen through a national audition. D. Temporary permanent vacancy, until a winner at a national audition is chosen, shall be filled through: 1. Interim Advancement (see Section 15.4.a), or 2. Appointment (see Section 15.4.b).

ARTICLE 6. COMMITTEES
6.1 6.2 Term. Committee members, other than the L.O.M.C., the Audition Committee(s), and the Review Committee, are elected and/or appointed for a term of one (1) contract year. Standing Committees. The Louisville Orchestra Musicians Committee (L.O.M.C.) shall consist of five (5) Musicians elected by the Orchestra, the I.C.S.O.M. representative and the Union Steward. Its purpose is to perform such functions as assigned in the Master Agreement and act as the representative of the Musicians employed by the Society and the Union. Scheduled meetings occur at the request of the Chairperson. Joint Committees. A. Advisory Search Committees (Interim Artistic Advisor Search Committee, Music Director Committee, Executive Director Search Committee, Staff Conductor Search Committee) When an opening occurs, there shall be established an advisory search committee for Executive Director, Music Director and/or Staff Conductor. All search committees shall consist of an odd number no smaller than seven (7) persons. When the Orchestra is without a Music Director, the L.O.M.C. and the Society shall form an Interim Artistic Advisor Search Committee to make an advisory recommendation to the Board and/or Executive DirectorC.E.O. on the selection of an Interim Artistic Advisor. The administrative powers given to the Artistic Advisor shall be mutually agreed upon in writing by the Management and L.O.M.C. The A search committee established for the purpose of selecting advising the selection of a Music Director shall be comprised of individuals selected by the Society and the same number of individuals plus one (1), appointed by the L.O.M.C. The search committee established for the purpose of selecting advising the selection of an Executive Director shall be comprised of individuals selected by the Society and the same number of individuals minus one (1), appointed by the L.O.M.C. The A search committee established for the purpose of selecting advising the selection of an Assistant and/or Associate Conductor, and/or any other staff conducting position, shall be comprised of individuals selected by the Society and the same number of individuals plus one (1), appointed by the L.O.M.C.
6

6.3

B. the

Education Committee. Musicians, appointed by the L.O.M.C., may serve on a Joint joint Education Committee.

C. D. 6.4 A. by

Electronic Media Evaluation Committee (see Section 14.6.b7.) Review Committee (see Section 13.3) The An Artistic Advisory Subcommittee shall consist of five (5) Musicians appointed the L.O.M.C. and one (1) member of the L.O.M.C. Its purpose is to review and discuss artistic concerns, concepts and repertoire with the Music Director. Scheduled meetings are at the request of the Chairperson or the Music Director.

Subcommittees

B.

The A Scheduling Subcommittee shall consist of two (2) Musicians appointed by the L.O.M.C. Its purpose is to verify schedules submitted to the L.O.M.C. by the Society for all calls. Final approval for all arrangements shall be by the L.O.M.C. The A Tour Subcommittee shall consist of two (2) Musicians appointed by the L.O.M.C. Its purpose is to formulate with the Society all arrangements prior to, and changes during, non-local calls; however, all arrangements must be approved by the L.O.M.C. Scheduled meetings are at the request of the Chairperson. If no Musician from the Tour Subcommittee is traveling on provided conveyance, the L.O.M.C. Chairperson will appoint a Musician so traveling to act for the Tour Subcommittee Chairperson. The A Sick Days Subcommittee shall consist of two (2) Musicians appointed by the L.O.M.C. Its purpose is to recognize and respond to notable events in the lives of the Musicians and to allocate sick pool days. Scheduled meetings are at the request of the Chairperson.

C.

D.

6.5

Board Committees. The committees below shall be referred to as Board Committees. Musicians shall may participate on these committees. Meetings shall be scheduled in coordination with the official Louisville Orchestra schedule. A. Finance Committee. Two (2) Musicians, appointed by the L.O.M.C., may serve on the Finance Committee. All financial information regarding the Louisville Orchestra, Inc. shall be provided to the Musician representatives serving on the Finance Committee. Development Committee. Two (2) Musicians, appointed by the L.O.M.C., may serve on the Development Committee.

B. 6.6

Musician Representation on the Louisville Orchestra Board of Directors. The Chairperson of the L.O.M.C. shall serve as an ex-officio member of the Board of Directors of the Louisville Orchestra.

ARTICLE 7. WAGES AND COMPENSATION [ SEE ATTACHED MEMO]

7.2 Seniority Pay A. B. Upon completion of nine (9) years of service to the Orchestra, seniority pay of no less than $5.50 per week shall be paid in addition to the Musicians weekly scale. Upon completion of fourteen (14) years of service to the Orchestra, seniority pay of no
7

less than $8.50 per week shall be paid in addition to the Musicians weekly scale. C. D. E. 7.3 7.4 Upon completion of nineteen (19) years of service to the Orchestra, seniority pay of no less than $10.50 per week shall be paid in addition to the Musicians weekly scale. Upon completion of twenty-four (24) years of service to the Orchestra, seniority pay of no less than $12.50 per week shall be paid in addition to the Musicians weekly scale. Upon completion of thirty-four (34) years of service to the Orchestra, seniority pay of no less than $15.50 per week shall be paid in addition to the Musicians weekly scale.

Overtime (see Section 9.2.j) Doubling (see Appendix A) Any Musician or Auxiliary required to double on instruments listed in APPENDIX A shall receive an additional $22.00 per service (no additional fee for tripling). Rate shall remain flat at $22.00 per service; however, the following changes shall be made topolicies remain in effect in APPENDIX A: ! Piano and celeste shall count as one grouping and shall not constitute doubling, and !Percussion and drum set shall count as one grouping and shall not constitute doubling.

7.5

Outside Employment/Educational Ensembles A. B. Outside Employment (see Section 17.2.b) Educational Ensembles (see Section 18.3) Strings (see Section 20.6.d) Winds (see Section 20.8) Brass (see Section 20.10)

7.6

Move-up Compensation A. B. C.

7.7 7.8

Personal Service Reimbursement Rate (see Section 12.2.c) Payroll A.1 Paycheck Availability. The Society shall provide Direct Deposit of paychecks for all Musicians who elect it. For those who do not choose this option, paychecks shall be available at the Society office on the fifteenth (15th) and last day of each month (unless either or both of these days are a Holiday or fall on the weekend) until 4:00 P.M. at which time the remaining checks will be sent by regular mail. Should either or both the fifteenth (15th) and last day of each month be a Holiday or fall on the weekend, then the paychecks shall be available on the preceding business day. Inclusion in Paycheck. All wages, penalties and any other monetary compensation (other than provided for in Section 7.8.c) shall be included in the payroll immediately following the occurrence, unless otherwise provided for in this Agreement. Per diem, Mealtime Schedule-over, Additional Per Diem Allowance and/or Shared Room Reimbursement shall be included in the payroll immediately preceding the occurrence, unless otherwise provided for in this Agreement. The Society shall make voluntary payroll deductions for Payroll Savings Plan, Annuity, Flexible Spending Plan, any dues deduction provided in Section 2.4 and charitable contributions.

A.2 B.1

B.2

C.

ARTICLE 8. BENEFITS
8

8.1A

Health Insurance for Contract Musicians A. Health , Life and Instrument insurance shall be provided by the Society for Contract employees. The Society shall pay eighty percent (80%) of the premium cost for the current individual coverage (to be referred to as the Current Plan) for Musicians. The Society shall also provide a second health-care option and shall pay one hundred percent (100%) of the premium for this individual coverage. The Society shall have the right to change the parameters of the second healthcare option to ensure the premium cost to the Society does not exceed eighty percent (80%) of the Current Plans premium cost. Musicians shall be responsible for the cost of additional family coverage for either plan. A change of carrier or benefits shall require notification by the Society to the Musicians. Such changes as below shall require renegotiation between the L.O.M.C. and the Society: 1. The proposed medical coverage is not substantially equivalent to, or better than, the current coverage, or 2. Health insurance rates increase more than fifteen percent (15%) from the previous insurance anniversary. C. D. By November 15 of each season, health insurance shall be reviewed by the L.O.M.C. and the Society. Insurance benefits for Contract Musicians on leave shall remain in effect unless otherwise specified by the Musician on leave. A Contract Musician on Professional Musical Development Leave shall not be eligible to remain on the Societys health insurance plan if the leave is to perform with a professional orchestra that has a comparable or better health insurance plan and the Musician is eligible and qualifies for that plan. (see Section 12.4.d) For a dismissed Contract Musician, all insurance benefits may be discontinued by the Society at the end of the current contract year or earlier if the Musician enrolls in another insurance program. (see Section 13.8) Flexible Spending Account Program. The Society shall continue to maintain a Flexible Spending Account program for each Contract Musician. The account shall be applicable to extended coverage, beyond the level provided by the Society, for: 1. child and dependent care, 2. dental care, 3. supplemental life insurance, and/or 4. supplemental medical insurance. F.2 Funding for the account shall be provided by: 1. an amount provided and coverage designated by the Contract Musician, and 2. an additional amount provided by the Society of not less than one hundred dollars ($100.00) in each contract year. The Members benefit designation and contribution level to the Contract Musicians flexible spending account must be determined prior to December 15 of any contract year. G. Other Insurance Coverage 1. Group Life Insurance coverage shall be $25,000.00 for each Contract Musician.
9

B.

E.

F.1

2. Life Insurance coverage shall be $5,000.00 for each retired Musician who retired with twenty (20) consecutive years of service. 3. Accidental Death and Dismemberment coverage shall be $25,000.00 for each Contract Musician. 4. Travel and Accident Insurance coverage while on Tour or Run-out shall be $25,000.00 for each Contract Musician and Auxiliary, in addition to the Group Life Benefit listed above.

5. Instrument Insurance a. Coverage The Society shall provide full risk insurance coverage for instruments owned by each Contract Musician and performed with some regularity in concerts of the Orchestra. Coverage may be limited to a total of: i. ii. $150,000.00 per string Musician, and $60,000.00 per non-string Musician.

There may be an applicable deductible per instrument at Musicianss obligation. Values in excess of the above may be negotiated with the Society. b. Registration The Each Contract Musician will register the his/her instrument(s) with the Society as listed below: i. ii. No later than thirty (30) days after receiving the Societys instrument insurance list from the previous contract year; For any Musician joining the orchestra during the contract year, no later than thirty (30) days after receiving the Societys notification of inclusion; At other times with the applicable registration fee paid by the Musician;

iii.

iv. For other instruments not covered under Section 8.1.g.(5)(a), at the Musicians expense. c. Liability The Society shall not be responsible or liable in any dollar amount that is refused payment by the insurance underwriter unless the instrument was in the care of the Society. 8.2 Pension [see Defined Contribution Contract Language 403 B language].

8.3

Tickets Upon request and availability, the Society shall provide each current and retired Musician with one pair of complimentary Coffee Classics, Classics, NightLites, and OrKIDStra Series season tickets or ticket vouchers. For other Society-sponsored events, tickets will be distributed as
10

availability permits at least seven (7) days in advance of performances. 8.4 Workers Compensation The Society shall provide workers compensation insurance which provides weekly and permanent disability benefits as provided by the Kentucky Workers Compensation Act KRS 342.

ARTICLE 9. WORKING CONDITIONS

9.1 Service Length Limitations; Intermission A1. Except as provided in Sections 9.1.b, 9.1.c.(2) and 9.3, services shall be defined as a concert or rehearsal, neither of which shall exceed two and one-half (2.5) hours in duration including a fifteen (15) minute intermission. A service without intermission may be permitted, provided that it does not exceed ninety (90) minutes in duration, and which no overtime shall be added. Services of Louisville Ballet or a single major orchestral choral work may be up to three (3) hours in duration, including a thirty (30) minute intermission or two (2) fifteen (15) minute intermissions, without overtime payment to the Musicians. Each Kentucky Opera (which may consist of two (2) shorter operas traditionally coupled) performance week is allowed a total of twenty (20) hours of services. a. Overtime shall not be paid for any individual Opera service during an Opera performance week until the total weekly service count exceeds twenty (20) hours. b. No single Opera rehearsal shall exceed three and one-half (3.5) hours and no double rehearsal day shall exceed five and one-half (5.5) hours. Opera rehearsals that exceed three (3) hours in length require an additional five (5) minutes of break per each additional half-hour (0.5) to be added to existing break. c. Opera performances that exceed three (3) hours in length require an additional five (5) minutes of intermission per each additional half-hour (0.5) to be added to existing intermission. C. No rehearsal shall begin earlier than 9:30 A.M9:00AM. or be scheduled to end later than 3:30 P.M4:00PM., except for a Saturday final dress rehearsal (which may end at 4:00 P.M4:30pm.), rehearsals that begin at 7:30 P.M. according to Section 10.1.c.(2), and Monday provisions according to Section 9.5.a.(3). 1. There shall be no rehearsal services between 3:30 P.M4:30pm. and 7:30 P.M. However, exceptions may be made for rehearsals of Kentucky Opera and Louisville Ballet to begin at 7:00 P.M. (For Monday exceptions, see Section 9.5.a.(3)) 2. Evening Rehearsals Other Than Monday. Evening rehearsals are permitted only for Kentucky Opera and Louisville Ballet with performers present or for a single major orchestra choral work with the chorus present. These evening rehearsals shall follow the provisions set forth in Section 9.1.b.(1) and Section 9.1.b.(2)(b). 3. There shall be no rehearsal service after 3:30 P.M4:00PM. on Friday or 4:00 P.M4:30PM. on Saturday. On three (3) Fridays per contract year, the Kentucky Opera may have wandelprobe rehearsals between 12:30 and 3:30 P.M. 4. Meal times shall follow those times set forth in Section 11.7.f. D. No rehearsal shall include any period in excess of ninety (90) minutes without an intermission. Intermissions shall be of no less than fifteen (15) minutes in duration.
11

B.1

B.2

E.

No day shall contain more than five and a half (5.5) total hours of service, including intermissions, except Kentucky Opera double rehearsal days. (see Section 9.1.b.(2)(b)) Split Services of either a rehearsal/performance (see Definition) or back-to-back childrens education performances shall be allowed if they are: 1. at the same location; and 2. are of two and one-half (2.5) hours in duration or less; and 3. include a thirty (30) minute intermission. 4. Back-to-back childrens education performances for: a. Grades K - 3: no more than two (2) thirty (30) minute concerts, or b. Grades 4 - 12: no more than two (2) fifty (50) minute concerts, and c. include a thirty (30) minute intermission.

F.

G.

There shall be no more than two (2) services in any one day and no more than one (1) service on the day of a run-out, except one (1) time per year, the Society may schedule one (1) rehearsal on the day of a run-out. The scheduled starting time of any performance shall be the same as the time presented by the Media and as printed on the tickets. All services shall conclude by 11:00 P.M. The final or only rehearsal for a performance shall occur no more than five (5) days prior to the first performance. The Musicians agree to donate one (1) concert and one (1) rehearsal to benefit the Pension Fund during each contract year. Any time by which a non-single major orchestral choral work performance of the Louisville Orchestra exceeds two and one-half (2.5) hours in duration shall be considered overtime. Any time by which a performance of the Louisville Ballet or a single major orchestral choral work of the Louisville Orchestra exceeds three (3) hours in duration (see Section 10.1.b.(1)) shall be considered overtime. Overtime shall not be paid for any individual Opera service during an Opera performance week until the total weekly service count exceeds twenty (20) hours. Any time by which a rehearsal exceeds two and one-half (2.5) hours in duration (except for those provided in Section 9.1.b.(1) and Section 9.1.b.(2)(b)) shall be considered overtime. Any time by which a rehearsal exceeds ninety (90) minutes in duration without an intermission shall be considered overtime. Any time by which an evening rehearsal of Kentucky Opera with performers present or Louisville Ballet with performers present or Louisville Orchestra single major orchestral choral work with the chorus present exceeds the guidelines of duration as set forth in Section 9.1.a., Section 9.1.b. or Section 9.1.c. shall be considered overtime. Any time by which a second rehearsal exceeds two and a half (2.5) hours in duration on double service days (exceptions set forth in Section 9.1.b., Section 9.1.c.(2) and Section 9.3.c.) shall be considered overtime.
12

H. I. J. K. 9.2

Overtime A.

B.1

B.2 C.

D.

E.

F.

Any time that exceeds the daily maximum limit of five and a half (5.5) total hours (including intermissions), except Kentucky Opera services during performance week (unless the total service count exceeds twenty (20) hours), shall be considered overtime. Notification of scheduled overtime shall be provided no later than 4:00 P.M. the day prior to the scheduled overtime. No overtime shall be scheduled on a double rehearsal day unless the second rehearsal is the final rehearsal (and only if the music rehearsed is for the following concert or an electronic media recording). Cancellation of scheduled overtime shall be no later than 4:00 P.M. the day prior to the scheduled overtime. The Society shall have the ability to cancel two (2) occurrences of scheduled overtime during the course of the contract without penalty. After the second occurrence, failure to cancel by 4:00 P.M. the day prior shall result in payment of overtime to the Musicians. Compensation 1. Scheduled and Unscheduled rRehearsal overtime will be compensated at the rate of two and one-fourth percent (2.25%) of the applicable weekly salary per fifteen minute increment or fraction thereof. 2. Performance overtime will be compensated at the rate of three-fourths percent (0.75%) of the applicable weekly salary per five (5) minute increment or fraction thereof.

G. H.

I.

J.

9.3

Double Service Days/Double Rehearsal Days A. Provided the maximum service count for the week is not exceeded, there shall be no limitation on the amount of double service days each week (see Section 9.1.e and g). There shall be no more than two (2) consecutive double service days in a week. Double rehearsal days may consist of either a two and one-half (2.5) hour rehearsal followed by a two (2) hour rehearsal or a two (2) hour rehearsal followed by a two and one-half (2.5) rehearsal. Rehearsals longer than two and one-half (2.5) hours shall be allowed only if they follow the guidelines set forth in Section 9.1.b., Section 9.1.c.(2) and Section 9.3.c. The maximum duration of any rehearsal following a concert of more than one (1) hour shall be two (2) hours or less. (see Section 9.6.a) There shall be no double rehearsals on Saturday. When there are two (2) services, neither of which is an evening service, in a day and the second service is a rehearsal, the interval between the conclusion of the first service and the beginning of the next shall be one and one-half (1.5) hours. The beginning of a performance or an electronic media service shall take place no earlier than four three (3) (4) hours following the scheduled conclusion of the previous service, with the below Louisville Ballet exception: The beginning of performances of the Louisville Ballet may be six (6) or more hours after the beginning of the previous service.

B. C.

D. E. F.1

F.2

9.4

Maximum Services in a Week A. The term week means the consecutive seven (7) day period beginning on Monday
13

and ending the following Sunday. In each such seven (7) day period there shall be one (1) free day, which shall be a day free of services, travel or other by the Society and not included in the Vacation Days. In any case, there shall be no more than seven (7) consecutive days without a free day. B.1 There shall be a maximum of eight (8) services in one (1) week, except that the Society may schedule no more than nine (9) services during each of eight (8) weeks during any year; a maximum of one (1) nine (9) service week may take place during the summer season. Electronic media services shall be considered part of the service count for purposes of computing the number of services in a week. A nine (9) service week is allowed if: 1. it is offset by a week of not more than seven (7) services somewhere in the season; and 2. the week has no more than four (4) hours of travel; and 3. two (2) services (of the nine (9) services) are of two (2) hours in duration or shorter. D. E. For a week including two (2) travel days there shall be a maximum of seven (7) services on six (6) days with one (1) free day. For a week including three (3) or more days of travel there shall be a maximum of six (6) services on six (6) days with one (1) free day. (see Section 11.6.d.(2))

B.2 C.

9.5

Off Days/Five Day Week A. Each Sunday and Monday shall be free of normal and extra services and/or travel, except for the following: 1. on Sundays, a performance may be scheduled to begin at or after 1:30 P.M. on twelve (12) Sundays per contract year if: a. at least one (1) of these Sundays shall be scheduled as summer rain-date; b. none is a Split Service (as per Section 9.1.f); c. there is no rehearsal; and d. one (1) day, other than Monday, shall be a day free of travel and services in the preceding or following week. 2. on one (1) Sunday, of the twelve (12) available Sundays per contract year, two (2) performances of the Louisville Ballet production of the Nutcracker shall be allowed and one (1) day, other than Monday, shall be a day free of services in the week preceding or following. 3. on up to ten (10) Mondays, a service may be scheduled to begin at or after 7:00 P.M. (for rehearsals see also Section 9.1.c.(1)) B. There shall be twenty (20)sixteen (16) pairs of consecutive free days during the winter season, not including vacations or holidays, per contract year. 1. Ten (10) of these occurrences shall be Sunday-Monday combinations; 2. Ten Six (6)(10) of these occurrences shall be other free days; and 3. No more than two (2) combinations may be used in a week.
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9.6

Rehearsal on Day of Performance A. B. C. The maximum duration of any rehearsal following a concert of longer than one (1) hour shall be two (2) hours. (see Section 9.3.d) A rehearsal on the day of an evening Classics concert shall be no more than two and a half (2.5) hours in duration. A Saturday rehearsal shall be limited to the final dress rehearsal for performances on that Saturday or the following Sunday. Said rehearsal shall begin at either 10:00 A.M. or 1:30 P.M. There shall be no services on December 24, 25, 31 and January 1 (Christmas Eve, Christmas Day, New Years Eve, and New Years Day) of each contract year, unless by mutual agreement. These Holidays shall be included in the Holiday vacation period in addition to the number of vacation days pursuant to Section 12.1. There shall be no services on Thanksgiving and Easter of each contract year. These Holidays shall be included, when applicable, in a vacation period in addition to the number of vacation days pursuant to Section 12.1. Performances on Good Friday, Holy Saturday, Memorial Day, Independence Day, and Labor Day are at the discretion of the Society. Musicians shall be additionally compensated for these performances by either: 1. Holiday Service Reimbursement Rate shall be twenty-two percent (22%) of the current applicable weekly scale; or 2. Making the first two (2) consecutive non-Holiday days as free days. DC. A Musician shall be excused from his/her commonly recognized religious holidays not set forth in Section 9.7.c without loss in pay upon giving at least thirty (30) days notice to the Society. The environment at any service shall be clean, safe, and provide full view of the conductor, with proper working conditions of space, light, and temperature (defined in Section 9.8.b). The Society shall not require Musicians to perform under conditions that are improper or harmful either to the Musicians or their instruments. The Union Steward shall have the authority to conclude a service when, in the opinion of the Union Steward, infractions of these conditions remain unacceptable and/or uncorrected. Temperature at a Service. The temperature on the stage of every service shall be determined by the Society thermometer, which shall be selected (at reasonable cost) by the L.O.M.C. and maintained by the Society, and shall be located at the stand of the Union Steward, who shall monitor the entire seating area of the Orchestra. a. Indoor Stage Temperature. The minimum indoor stage temperature shall be sixty-eight five degrees (6865") Fahrenheit and the maximum indoor stage temperature shall be eighty-five degrees (8085") Fahrenheit. b. Outdoor Stage Temperature. The minimum outdoor stage temperature shall be sixty-five degrees (65") Fahrenheit. Box and/or oscillating fans, the number of which to be determined by the Union Steward and representative of the Society, shall be provided when the outdoor stage temperature reaches eightyninety-five degrees (8595") Fahrenheit. The maximum outdoor stage
15

9.7

Service Limitations during Holidays A.

B.

C.

9.8

Conditions at a Service A.

B.1

temperature shall be ninety-five eight degrees (9598") Fahrenheit. B.2 Should the temperature exceed the allowable limits (set forth in Section 9.8.b.(1)): a. The service shall be automatically delayed and/or interrupted for a maximum of one (1) hour to achieve an acceptable resolution. If, at the end of the allotted time, the stage temperature is not corrected to be within the limits, the Musicians shall be dismissed, unless otherwise mutually agreed by the Society and the L.O.M.C. If, within the allotted time, the temperature is corrected to be within the limits, the service shall continue, with the scheduled starting time as the basis for determination of any overtime. The determination of intermission shall be calculated from the time the service actually resumes. b. In performances when allowable temperature limits are exceeded, a penalty of one unit of rehearsal overtime pay for every 15 minute increment that the penalty is incurredseven percent (7%) of the applicable weekly salary will be paid. The penalty areas are: LOWER UPPER INSIDE 65, 66, 6762, 63, 64 81, 82, 83 86, 87, 88 OUTSIDE 62, 63, 64 96, 97, 98

Management shall consult with the L.O.M.C. to determine the shortening of programs under extreme conditions. C. Chairs, baffles, legible music and stands shall be in place not less than forty-five (45) minutes prior to the start of a local service. The Society shall purchase new chairs selected by mutual agreement between the Musicians and the Society as old chairs wear out or new Musicians are hired in the orchestra. A Musician may, in lieu of using these chairs, elect to retain his/her personally labeled chair from among those which are currently the property of the Society. The Society shall provide said chairs at every venue. In case of injury or a medical condition, a Musician shall not be required to work in a chair that aggravates his/her condition. Folding chairs shall not be used at any service. Adequate lighting shall be provided at every service. At all services where stand lights are required, two (2)one (1) stand lights shall be provided for each stand. Stand shall also be available upon request of any Musician(s) at any service. E. F. and two (2)one (1) designated Mens toilets. These facilities shall be for the sole use of the Musicians and Performers. G. The Society shall provide and maintain a smoke-free environment prior to, during and after a service within the performance, rehearsal or backstage areas of all venues. At outdoor services, the Society shall provide a protective covering over all Musicians, except by mutual agreement between the L.O.M.C. and the Society. Musicians shall not be required to perform services in direct sunlight. Musicians shall not be required to perform services when any water is standing on
16

D. lights

Clean restrooms, dressing areas, and warm-up facilities shall be provided by the Society no later than forty-five (45) minutes prior to any service. At outdoor services the Society shall provide clean, well-lit restrooms within one hundred (100) feet of the performance site: two (2)one (1) designated Womens toilets

H. I. J.

or blowing on to the stage. K. L. The Society shall provide drinking water adjacent to the performance site. The official clock (set by the representative of the Society) shall be in full view during rehearsals and electronic media sessions. The official clock at performances shall be directly off stage. All official announcements shall be posted next to the official clock at all services. The representative of the Society shall provide a three (3) minute warning prior to the expiration of any intermission or rest stop. The Society agrees to add to all contracts with halls and presenters a rider that requires adherence to all applicable provisions of Section 9.8.

M. N. O. 9.9

Number of Different Programs in a Week No more than three (3) different programs shall be rehearsed and/or performed in a single work week.

9.10

Sectional Rehearsal(s) A. Sectional rehearsals are defined as involving no less than the entire string section, woodwind section, brass section, or percussion section or non-string sections of the orchestra. Conditions of sectional rehearsal(s) 1. Permitted only in the first or secondany rehearsal for a Classicsany performance, and 2. allowed on up to three (3)ten (10) occasions per contract year providing said rehearsal is: a. no more than two and a half (2.5) hours in length including a fifteen (15) minute intermission, and b. with the Music Directora Louisville Orchestra, Kentucky Opera, or Louisville Ballet hired conductor conducting. c. In computing the number of services utilized, separate sectional rehearsals shall each count as a service for only the individuals involved, not the entire orchestra.

B.

9.11

Overnight Interval A. There shall be a minimum of eleven (11) hours between the end of an evening service and the beginning of the next service. The L.O.M.C. shall be notified whenever any exception to this limitation is necessary, but there shall be no more than one (1) such exception per contract year. The eleven (11) hour minimum interval begins after the scheduled or actual conclusion, whichever is later, of an evening service. For a run-out or a tour, there shall be a minimum of twelve (12) hours between the scheduled return or actual return of Society conveyance, whichever is later, and the beginning of the next service and/or departure of the next day on tour. (see Section 11.6.e) The next days service shall begin in compliance with Sections 9.11.a and 9.11.b, but shall end as scheduled. Musicians scheduled to perform at the beginning of a service will be in position and prepared to perform five (5) minutes prior to a call..
17

B.

C. 9.12

Arrival Time A.

B.

Musicians not required to perform at the beginning of a service will be present and prepared to perform not less than five (5) minutes prior to the downbeat to the work . in which they are scheduled to perform. Musicians shall be allowed to leave a service momentarily to attend to personal needs of an emergency nature. Halls shall be available for warm-up and preparation forty-five (45)thirty (30) minutes prior Arrival at a non-local hall in Society conveyance shall be no less than thirty (30) minutes prior to the service. If arrival is later, the beginning of the service shall be delayed for a time to equal the time of the late arrival. (see Section 11.6.b.(8))

C. D. to a service. E.

9.13

String Relief Through Equitable Rotation A. The Society shall provide string relief through equitable rotation for: 1. pit services when not requiring full string sections; and 2. all other services with reduced string sections; a. due to size limitations of the performance area; and/or b. due to traditional instrumentation which requires a reduction in the size of the b. B. Rotation Administrator Each string section shall elect from that section, by simple majority, a Musician who will implement and administer the rotation schedule. 1. The elected Rotation Administrators shall be notified by the Society no less than twenty-one (21) days prior to the beginning of each string relief rotation set in which their section shall be involved. 2. The elected Rotation Administrator shall notify the Musician(s) to receive rotation relief and the representative of the Society no less that fourteen (14) days prior to the beginning of each string rotation relief set. 3. The rotation records shall be continuous from year to year, so that equitable relief shall be on-going. 4. If the dates of a Musicians Personal Service request are converted to relief rotation services by the Rotation Administrator, the Musician may resubmit his/her Personal Service request for use at another date. 5. Each contract year, by mutual agreement with their sections, the String Relief Rotation Administrators may choose to continue their administration. Lacking mutual agreement, a new election shall take place.

9.14

String Revolving Revolving seating in each string section may occur by mutual agreement of all Untitled Musicians. Titled Musicians shall not participate in the revolving seating.

9.15

Individual Music Parts A. Music shall be distributed to Musicians no later than two (2) weeks prior to the first rehearsal of a program. All strings shall receive individual parts for all Classics
18

programs, as well as all contemporary compositions. String music sign-up sheets for all other programs shall be posted at least four (4) weeks in advance of the first rehearsal of the programs and shall remain posted for at least one (1) week. B. All music to be performed on a given program shall include bowings, string section divisi, cuts (if applicable), and other information which may be necessary for the performance of each composition. Bowings and other markings shall be made by the Conductor or the Concertmaster in cooperation with the other Principal String players. Such bowings and markings will be given to the Librarian for transfer to individual parts. No bowing changes shall be permitted during the final rehearsal, unless requested by the Conductor; adequate time shall be given to the Musicians to mark and rehearse the requested changes. It is understood that the above schedule will not apply where compliance is precluded by circumstances, such as the unavailability of music or changes in program due to an emergency circumstance. All music performed by the Louisville Orchestra shall be properly arranged for symphony orchestra and shall, in every case possible, conform to the M.O.L.A. Music Preparation Guidelines for Orchestral Music prepared by the Major Orchestra Librarians Association. The Louisville Orchestra may be split into no more than two (2) groups, one (1) consisting of no fewer than thirty (30) Musicians and the other consisting of no fewer than twenty (20) Musicians. , Exceptions shall be given to Opera and Ballet performances which shall be staffed as scored. Each orchestra group shall have its own conductor. Split orchestra services shall not be utilized for any of the Louisville Orchestra regular series programs, including but not limited to, Classics, New Dimensions, Louisville Pops, NightLights, orKIDStra, WOW!, or new programs which the same or similar function. B. C. All orchestra splitting shall be done so that both the workload and the amount of required travel are distributed as equitably as possible. The following representatives of the Society shall be present for both orchestra groups at all split orchestra services: Operations Manager and/or Stage Manager, Librarian, or other designees of the Society who are employed exclusively to carry out managerial duties. No Musician shall be required to perform more than twenty-four (24) split orchestra services in any contract year. A Musician may be assigned to two (2) split orchestra groupings simultaneously only under the following conditions: 1. The Musician voluntarily elects the second assignment; and 2. The Musician is compensated at a pro-rated percentage of weekly salary according to his/her personal contract for the split orchestra run which has the highest number of services. F. Notification of scheduling of split orchestra services shall be consistent with the provisions of Article 10 Scheduling, including notification of scheduled split orchestra services thirty (30) days in advance of each split orchestra service. All working conditions for split orchestra services shall be consistent with the provisions of Article 9 Working Conditions and Article 11 Tours and Run-Outs.
19

C.

D.

9.16

Split Orchestra A.

have

D. E.

G.

ARTICLE 10. SCHEDULING AND NOTIFICATION

10.1 Schedule Policy Rules A. Complete information on each service shall include: date, time, place, conductor, repertoire, and rehearsal order. The Society agrees that informing Musicians constitutes: 1. written notice with all official information to each Musician, 2. verbal notice at the earliest rehearsal(s), 3. posting on the official bulletin board or, during any non-Kentucky Center for the Arts venue, displaying in full view (next to the official clock) any notifications and official changes, and 4. the list of required musicians, including instrumentation (with doubling if possible), for each composition at every concert, which shall be posted no later than Monday of the week preceding the week in which any composition is first rehearsed. B. Official designation shall only occur when the Society and the appropriate Committee/Subcommittee resolve schedule/itinerary violations. Musicians shall only be required to attend official services. The Society agrees that any and all updates and/or changes which occur thirty (30) days or less before the service(s) involved shall require L.O.M.C. and Schedule Subcommittee approval to become official Musicians shall be excused without penalty if: 1. The Musicians attendance was not originally required; and 2. The Musician has a prior commitment which cannot be rescheduled; and 3. Such conflict is reported to the Personnel Manager within three (3) days of the official notice of change. D. Programming and rehearsal order changes are allowed when due to sudden and unforeseen illness of the conductor and/or soloist involvedcircumstances or unavailability of the music involved. Rehearsal order changes by the conductor are allowed only for the dress or final rehearsal. Both aforementioned exceptions require immediate verbal notification by the Society to each Musician. Grievance Penalty Should it be determined, as a result of the processing of a grievance, that any change under this Article by the Society was in violation of this Article, then every Musician whose presence at a service was required as a result of the change, but whose presence was not originally required, shall be compensated for each service at the rate of seven percent (7%) of each Musicians applicable weekly salary by the next payroll.

C.

E.

10.2

Winter and Summer Schedule Procedure A. Winter Season

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1.a. 1.b. 2. 3. 4. 5. 6.

By April 1, Society forwards the first draft of all available information concerning the following seasons schedule to L.O.M.C. Only the Music Director or guest conductor shall choose Classics repertoire. By April 15, the Society shall schedule a problem resolution meeting with L.O.M.C. By April 22, the Society shall forward the revised schedule to L.O.M.C. By April 29, the L.O.M.C. will notify the Society of acceptance or schedule another problem resolution meeting. By May 1, all problems shall be resolved and Musicians receive the OFFICIAL WINTER SEASON SCHEDULE (first notification). Society immediately sends all updates/changes to the L.O.M.C. from June 1 July 31, problem resolution meetings shall occur as necessary and written updates then sent to each Musician with verbal or written notice given during services. By August 1, the updated OFFICIAL WINTER SEASON SCHEDULE (second notification) for September 1 January 31 of the current season shall be sent to each Musician. The Society and the L.O.M.C. shall continue problem resolution of changes/updates by November 1 the complete OFFICIAL WINTER SEASON SCHEDULE (third notification) shall be sent to each Musician. Continue problem resolution of changes/updates; changes within thirty (30) days require L.O.M.C. approval. (see Section 10.1.c) By December 1, the Society forwards the first draft of summer seasons schedule to the L.O.M.C. By January 10, the Society shall schedule a problem resolution meeting with the L.O.M.C. By January 17, the Society shall forward the revised summer schedule to the L.O.M.C. By January 24, the L.O.M.C. will notify the Society of acceptance or schedule another problem resolution meeting. By January 31, all problems shall be resolved and Musicians receive the OFFICIAL SUMMER SEASON SCHEDULE (first notification). Society immediately sends all updates/changes to the L.O.M.C. From March 1 April 30, problem resolution meetings shall occur as necessary and written updates then sent to each Musician with verbal notice given during services. By May 1, the complete OFFICIAL SUMMER SEASON SCHEDULE (second notification) shall be sent to each Musician. Continue problem resolution of changes/updates; changes within thirty (30) days require L.O.M.C. approval. (see Section 10.1.c)

7.

8.

9. B.

Summer Season 1. 2. 3. 4. 5. 6.

7. 8.

10.3

Tour and Run-out The Society shall forward a DRAFT ITINERARY to the Tour Subcommittee forty-five (45)
21

days prior to the scheduled departure of every tour and/or run-out. The Society and the Tour Subcommittee shall work out all details until there is an OFFICIAL ITINERARY. The Society shall inform each Musician involved in the tour or run-out no later than thirty (30) days prior to the scheduled departure of the OFFICIAL ITINERARY. The Society shall immediately forward any and all changes to the Tour Subcommittee. All changes must become official and the Society shall immediately inform each Musician involved of any and all official changes. No less than ten (10) days prior to departure, a final copy of the TOUR or RUN-OUT ITINERARY shall be distributed to each Musician. There shall be no changes allowed within ten (10) days before the scheduled departure except on condition of Section 10.1.d. 10.4 Recording Service(s) (see Section 14.2) The Society shall immediately forward all information to the L.O.M.C. as soon as it is known concerning the scheduling of any recording session(s) and any related rehearsal(s). The L.O.M.C. shall respond within ten (10) days. All information must become official and the Society must inform each Musician no later than thirty (30) days before the scheduled first recording service. 10.5 Auditions A. B. 10.6 Permanent Openings (see Section 15.3) Auxiliary (see Section 15.6)

Scheduled Overtime The Society shall inform each Musician of any scheduled overtime no later than 4:00 P.M. the day prior to the service to which the overtime has been added. Neither scheduled nor unscheduled overtime shall affect the eleven (11) hours between the conclusion of a service or overtime of a service, whichever is later, and the beginning of the service on the following day.

10.7

Cancellation of a Service A. Non-emergency The Society shall give at least ten (10) days notice of any service(s) cancellation. If notification is less ten (10) days, the service(s) shall be cancelled without affecting the weekly service count. B. Emergency The Society may cancel a scheduled indoor or outdoor service because of inclement weather provided the Society furnishes notice of such cancellation no later than two (2) hours prior to the scheduled starting time for that service. Such notice shall be given by advising the Union Steward and the Chairperson of the L.O.M.C. of the cancellation and by establishing a Weather Cancellation Hotline consisting of a central telephone number with a taped message which Musicians can call to learn if a given service is canceled. If such cancellation occurs during normal working hours, Musicians may also obtain the same information by calling the Orchestra office. A service canceled in conformance with these notice provisions may be rescheduled provided the repertoire remains the same and the Society gives at least twenty-four (24) hours advance notice of the rescheduling. This rescheduling notice may be given at the same time as the cancellation notice outlined previously. Any Musician with an unbreakable prior commitment shall notify the Society immediately as to his/her availability and shall suffer no penalty. The cancellation and rescheduling provisions herein shall not affect the limitations on the weekly service count. Less than twenty-four (24) hours advance notice of the rescheduling requires
22

L.O.M.C. approval.

ARTICLE 11. TOUR AND RUN-OUT

11.1 Application A. B. C. 11.2 This Article shall apply to all domestic tours and run-outs (defined in Section 11.2) in the continental United States. Quality travel and lodging arrangements shall be made in consultation with the Tour Subcommittee to ensure the comfort, health, rest and safety of the Musicians. Any non-domestic service(s) not directly covered in this Article shall require a negotiated agreement between the Society and the L.O.M.C. The Local Area shall be defined as within a twenty (20) mile radius of the Jefferson County (Kentucky) Courthouse. Transportation, otherwise consistent with this Agreement, shall be provided by the Society for all non-local services. A Tour shall be defined as one (1) or more services that involve one (1) or more consecutive nights during which overnight lodging is provided or required to be provided by the Society. A tour shall terminate upon return of the Orchestra to the original departure point. A Run-out shall be defined as one (1) service performed outside of the Local Area but within a one hundred fifty (150) mile radius of the Jefferson County (Kentucky) Courthouse and within the travel limits of Section 11.6.b.(4) for which the Orchestra leaves from and returns to Louisville, Kentucky, without lodging being provided or required to be provided by the Society. A run-out shall terminate upon return of the Orchestra to the original departure point. On one (1) occasion per contract year, Ashland (KY) may be a run-out with the next day being a free day. Travel shall be defined as the time in a day from the scheduled departure to destination (either service or lodging) which includes layovers but does not include: 1. the time allowed for rest break(s)/stop(s) during road travel (see Section 11.6.b.(2)); and/or 2. the travel time between lodging and the service (see Section 11.6.b.(5)(a)); and/or 3. stops for meals (see Section 11.7.f) 11.3 11.4 Schedule (see Section 10.3) Transportation A. Bus Travel 1. If the Orchestra travels by bus, the Society shall stipulate to the bus company that only first-class, inspected and approved buses be used. First-class buses must substantially meet the following standards: a. All mechanical systems (including motor, brakes, interior lights, overhead fans, with heating and air-conditioning depending on season and territory) in working order; and b. all seats in perfect condition; and c. all windows airtight and operable; and
23

Definitions A.

B.

C.

D.

d. toilets in good working order and regularly serviced; and e. buses must be clean (including seat upholstery, floors, luggage racks) and free from exhaust fumes; and f. fire extinguishers, first aid kits, and locks for passenger compartment included in equipment; and

g. Buses shall be locked and secured during meal stops. The Society will insist that the bus company correct any deficiency at the earliest practicable time. If the Society (or designee) determines any bus defect to be dangerous to the health and/or safety of the Musicians, no member of the Orchestra shall be required to board. 2. The Society shall require that the bus company have, on all tours requiring two (2) or more nights lodging; enclosed overhead bins shall be in each bus. 3. In order to provide freedom of movement and safety of carried personal items, large instruments (such as cellos, double basses and tuba) shall count as two (2) seats each when determining bus capacity. For extended tours, buses shall not exceed eighty percent (80%) of capacity. 4. Musicians shall sign a bus list if they intend to travel in Society provided conveyance. Musicians may remove their names from the list no later than seventy-two (72) hours prior to the departure time if they intend to provide their own transportation. Musicians who fail to indicate a need for Society transportation will be allowed to ride the bus only if there is space. B. Air Travel 1. Aircraft used for travel purposes shall be pure jet and must be under the control of a regular scheduled airline. Non-scheduled airlines may be used with the consent of the L.O.M.C. After departure from Louisville International Airport, transportation shall be provided between airports, lodging, and services by the Society. 2. The Society shall not require a husband and wife, both Musicians of the Orchestra, who have minor children, to travel on the same plane, and shall pay the cost of coach airfare for one (1) of such spouses refusing to fly under this provision. Such Musician shall be excused for services missed by the use of alternate transportation. 3. If a Musician chooses to use alternate transportation, the Society shall reimburse him/her the cost of such transportation not more than equal to the individual transportation cost borne by the Society. All requests for such reimbursement must be submitted in writing to the Society within sixty (60) days prior to the departure date. C. Train Travel If train travel is necessary, there shall be a negotiated agreement between the Society and the L.O.M.C. D. Personal Transportation Musician(s) have the option to furnish personal transportation outside the local area if requested by the Society. Each Musician shall be paid mileage. Such mileage shall be paid at the current Internal Revenue Service Mileage Rates and shall be calculated from the Jefferson County (Kentucky) Courthouse. E. Cartage 1. The Society shall arrange for the secure transportation of large instruments and
24

cases for non-local services. 2. The Society shall be liable for any damage and theft to instruments while such instruments are being transported by the Society or any carrier hired by the Society. 11.5 Lodging A.1 The Society shall provide single occupancy rooms with single or twin beds in first class hotels and motels, as rated by the American Automobile Association, in accordance with the wishes of individual members of the Orchestra. If a town for which a tour is scheduled does not have enough rooms for single occupancy, the Society shall notify the Tour Subcommittee and shall reach mutually satisfactory arrangements, including the use of other facilities, assignment of two people to a room, etc. When arrival and departure are on the same day and the arrival time is three (3) hours or more prior to the start of a service, the Society shall provide adequate day rooms for Musicians. Each Musician who shares sleeping quarters with another Musician shall be reimbursed ten dollars ($10.00) for each night in which the quarters are shared. If a Musician does not use the room arranged by the Society, the Musician shall be reimbursed in an amount equal to the single occupancy room rate at the particular hotel or motel, provided the Society is given twenty-one (21) days notice in advance of the tour. If no acceptable lodging is available within thirty (30) miles of the performance site, the Society and the L.O.M.C. shall come to mutual agreement on the lodging choice for the tour. The Society shall be responsible for ensuring that Musicians be able to practice instruments on tour, and shall ensure that Musicians be able to practice their instruments in their rooms between 7:00 A.M. and 1110:00 P.M. Security of Instruments. The Society shall provide a secured room for the storage of instruments any time the Orchestra is traveling. The Tour Subcommittee will coordinate all details of this provision with the Society.

A.2 A.3

B.

C.

D.

11.6

Working Conditions All provisions of Article 9 shall apply to non-local services. A. Day Prior: 1. to a Run-out, a. The conclusion of the second rehearsal shall be no later than 3:30 P.M.; or b. The conclusion of any evening performance shall be no later than 11:00 P.M. provided that the scheduled departure time is at least twelve (12) hours later. 2. to a Tour of: a. Two (2) days may be a double service (rehearsals only) day with the conclusion of the second service no later than 3:30 P.M. b. Three (3) days shall contain no more than a single service (rehearsal only) with the conclusion of the service no later than 3:30 P.M. c. Four (4) or more days, shall be a free day. B. During a Tour or Run-out 1. Earliest departure shall be 9:15 A.M. and scheduled return shall be by 12:00 A.M. (midnight) except when the performance location is in a time zone which is an hour earlier than Louisvilles, then the scheduled return shall be by 12:30 A.M. (midnight).
25

2. During bus travel, the travel rest stop shall be fifteen (15) minutes within each three (3) hours of travel. 3. No travel shall be scheduled on any day in which more than one (1) service is scheduled. (see Section 9.1.g) 4. Travel Limit in a Day a. On a single service day, travel time shall not exceed six (6) hours. Each Musician participating in the tour or run-out shall be paid a premium of ten dollars ($10.00) for each half (0.5) hour or fraction thereof by which the scheduled, or actual elapsed, time exceeds six (6) hours. b. No service shall be scheduled on any calendar day in which travel time exceeds six (6) hours. Eight (8) hours shall be the maximum allowed travel time in a day. Each Musician participating in the tour or run-out shall be paid a premium of ten dollars ($10.00) for each half (0.5) hour or fraction thereof by which the scheduled, or actual elapsed, time exceeds eight (8) hours. 5. Travel limit between lodging and the service in a day a. Each round trip travel between lodging and the service shall not exceed thirty (30) minutes. Each Musician participating in the tour or run-out shall be paid a premium of ten dollars ($10.00) for each half (0.5) hour or fraction thereof by which the scheduled, or actual elapsed, time exceeds thirty (30) minutes (see Section 11.5.b). b. Transportation shall be provided from hotel to concert hall and return, unless the concert hall is within a tenth (0.10) mile distance of the hotel. Where such transportation is required, provision may be made for an early departure as well as normal departure for the concert hall. 6. Rehearsals on tour shall be limited to music being performed on the tour. 7. When the local time difference between places of departure and arrival is at least three (3) hours, no service shall be scheduled to commence earlier than twenty-four (24) hours following scheduled arrival time. 8. Arrival at Non-Local services. Arrival at non-local hall in Society conveyance shall be no less than thirty (30) minutes prior to the service. If arrival is later, the beginning of the service shall be delayed for a time to equal the time of the late arrival. (see Section 9.12.e) 9. Early Departure Penalty. If a tour or run-out departs on Society provided conveyance prior to 9:15 A.M., each Musician shall receive a premium of ten dollars ($10.00) for each half (0.5) hour or fraction thereof by which the scheduled or actual departure time is prior to 9:15 A.M. This penalty shall be in addition to any other penalties. 10. Late Arrival Penalty. If a tour or run-out terminates upon return to Louisville on Society provided conveyance after 12:00 A.M. (midnight) Louisville time or 12:30 A.M. from an earlier time zone, each Musician shall receive a premium of ten dollars ($10.00) for each half (0.5) hour or fraction thereof by which the scheduled or actual termination time is beyond 12:00 A.M. (midnight) or 12:30 A.M. if from an earlier time zone than Louisvilles. This penalty shall be in addition to any other penalties. C. Day Following a Run-out: 1. With scheduled or actual return before 12:00 A.M. (midnight), may be a double service day provided that twelve (12) hours occur between the scheduled or actual
26

termination, whichever is later, and the start of the next days services; 2. With scheduled or actual return after 12:00 A.M. (midnight) but before 1:00 A.M., shall be a single service day provided that twelve (12) hours occur between the scheduled or actual termination, whichever is later, and the start of the next days service; 3. With scheduled return after 1:00 A.M. shall be a free day. 4. Exceptions. Up to five (5) occasions each contract year with scheduled or actual return after 12:00 A.M. (Midnight), the Society may schedule a double service day with the first service being a two (2) hour service beginning at 2:00 P.M. and this service shall be a dress rehearsal for that evenings performance. D. Day Following a Tour 1. The day following a tour of two (2) days or less with scheduled or actual return: a. before 12:00 A.M. (midnight) shall have no more than one service beginning no earlier than 1:30 P.M. b. after 12:00 A.M. (midnight) shall be a rest day. 2. Upon completion of a tour and return to Louisville, no services shall be scheduled until the passage of the following number of rest days: Rest Days Days of Tour 3 1 4 2 5 3 6 4 7 or more as agreed upon by the Tour Subcommittee and the L.O.M.C. . These Rest Days shall be in addition to the free days provided in Section 9.4.e, Section 9.5, and Section 11.6.a.(2)(c). For late arrival free day see Section 11.6.c.(3). Vacation Days shall not be considered Rest Days. E. Twelve Hour Interval. (see Section 9.11.b) There shall be a minimum of twelve (12) hours between the scheduled return or actual return of Society conveyance, whichever is later, and the beginning of the next service and/or departure of the next day on tour. The next days service shall begin in compliance with Section 9.11.b, but will end as scheduled (see Section 9.11.c). F. Travel Limit in a Week. (see Section 9.4.c, d and e) 1. For a week including two (2) travel days, there shall be a maximum of seven (7) services on six (6) days with one (1) day free of travel and services. 2. For a week including three (3) or more travel days, there shall be a maximum of six (6) services on six (6) days with one (1) day free of travel and services. (see Section 11.6.d.(2)) 3. The week of Classics subscription concerts shall include no tours and no more than one (1) run-out, except that additional run-outs shall be allowed provided that they are of the same Classics program being performed that week, and provided that the scheduling of such additional run-outs are otherwise consistent with all of the guidelines set forth in Articles 9 and 11. 4. Non-local services may include: a. two (2) run-outs; or

27

b. a tour of two (2) days and a run-out, which shall not be consecutive; or c. a tour of three (3) days, or more, with no run-outs. 11.7 Per Diem and Meal Times A. B. Per diem shall be included in the payroll prior to departure. Per diem not utilized due to emergency leave (as per Section 11.8.a) or Musicians non-attendance on tour or run-out may be deducted from the Musicians subsequent paychecks at the Societys discretion. Meals furnished by an airline as a part of the fare shall not be substituted for per diem payments. Mealtime Schedule-Over. Allowed when scheduled due to necessity at the rate of four dollars ($4.00) per thirty (30) minutes, or fraction thereof, per Musician and shall be included in the next payroll as per diem. Meal Per Diem and Additional Allowance Sunday meals other than Breakfast shall be paid at the Dinner Rate. Population* One Million or Less One Million or More Breakfast $9.00 $11.00 Lunch $11.00 $14.00 Dinner $20.00 $25.00

C. D.

E.

Each Musician shall receive an additional per diem allowance of six dollars ($6.00) for each full day, except for cities of one million or more in population when the additional per diem allowance shall be ten dollars ($10.00). A full day shall be defined as when a Musician receives three (3) consecutive meal per diems in the same calendar day. *Population reference for cities in the United States shall be the Federal Standard Metropolitan Statistical Area Chart.

F.

Meal Times 1. On tours, all meal times shall be determined according to Local Time. 2. On run-outs, all meal times shall be determined according to Eastern Time. 3. Designated Meal Times a. Breakfast (1 hour) to be scheduled between 8:00 A.M. and 9:30 A.M. b. Lunch (1.25 hour) to be scheduled between 11:30 A.M11:00AM. and 2:00 P.M. c. Dinner (1.5 hour) to be scheduled between 5:00 P.M. and 7:30 P.M.

11.8

Emergencies on Tour A. In the event a Musician becomes ill or injured while on tour, the Society shall be responsible for and shall assume all costs of transporting the Musician to a qualified doctor or hospital as quickly as possible. It is understood that this does not apply to medical attention required for routine treatment. If the attending physician advises the Musician to return to Louisville, the Society shall be responsible for the expense of the return trip, which must be by the most expeditious mode of transportation. The Society shall be entitled to recover any per diem not required due to the Musicians absence from the tour.
28

B.

Medical Care for Non-Local Services. If requested by the Musician, any expense for medical treatment incurred on a tour or run-out that is necessary and arises from an emergency, including medication prescribed as a result of the treatment, initially shall be paid by the Society, with reimbursement from insurance or the Musician if such expense is not covered by insurance. The health insurance, long term disability insurance, and workers compensation insurance in effect at the beginning of any season shall be in effect for the duration of any non-local service.

C.

ARTICLE 12. VACATIONS, PERSONAL SERVICES, LEAVES

12.1 Vacations A. Each Musician shall receive two (2) weeks of paid vacation per contract year. A vacation week is a consecutive period of no less than seven (7) days in addition to any adjoining or concurrent holidays. One (1) fixed vacation week, which shall include the dates of December 24 and 25, will be scheduled annually. Each Musician shall also receive one (1) floating vacation week. Every Musician shall be afforded as much choice as possible in the assignment of their floating vacation week. Each Musician must apply for the floating vacation week no later than sixty (60) days in advance. When a Musician joins the Orchestra later than June 1 but before October 1, he/she shall receive a floating vacation week. A Musician joining the Orchestra after October 1 shall have floating vacation days and Personal Services pro-rated according to the following formula: !Join in October, receive seven (7) vacation !Join in November, receive six (6) vacation !Join in December, receive five (5) vacation !Join in January, receive four (4) vacation !Join in February or later, receive two (2) vacation With that understanding, the Society retains the right to schedule the floating vacation week. The Society shall give the Musician a response to a vacation request or to a longterm Personal Service request within thirty (30) days of receipt. C. Musicians may utilize their Floating Vacation week according to Section 12.3 Floating Vacation and/or Personal Service(s) Utilization Guidelines.Vacation leave/s for Contract Musicians, if any, shall be granted as unpaid leave/s. Vacation leave requests shall be submitted in writing to the Personnel Manager no fewer than thirty (30) days in advance of the period requested. Personnel Manager will review vacation leave requests and respond to them, in writing, in no more than five (5) business days. 12.2 Personal Services A. B. The Society and the L.O.M.C. reserve the right mutually to establish procedures for implementation of Personal Services. Musicians will be granted personal leave in each season, according to the following schedule based on the indicated year of employment: 1. Beginning with a Musician's first year of employment and continuing through his/her fifth year of employment, he/she will have four (4) personal services per season. Personal services for the first year of employment will be pro-rated based upon date of her.
29

B.1

B.2

2. Beginning with a Musician's sixth year of employment and continuing through his/her tenth year of employment, he/she will have five (5) personal services per season. 3. Beginning with a Musician's eleventh year of employment and continuing through his/her fifteenth year of employment, he/she will have six (6) personal services per season. 4. Beginning with a Musician's sixteenth year of employment and continuing through his/her employment, he/she will have seven (7) personal services per season. C. Personal Services do not accrue from year to year; however, unused Personal Services shall be reimbursed at the rate of seven percent (7%) of each Musicians applicable weekly salary per service. The Society shall approve requests for Personal Services which fall within Classics weeks or split weeks when the Musician obtains release from these services by express written permission of the Music Director. The Society shall not approve requests for Personal Services for Pension Concert services. Two (2) titled Musicians in a section may not utilize the same service as a Personal Service. If a Musician has reserved Personal Services and it is later determined that a substantial solo exists for that position, the Musician shall have the option to reschedule those Personal Services in order to perform the solo. Response to Personal Services Requests 1. Musicians who reserve Personal Services thirty (30) or more days in advance shall receive a response from the Society no later than twenty-four (24) days prior to the reserved date. For long-term requests, there shall be a thirty (30) day response time. 2. Personal Service requests may be made less than thirty (30) days of the reserved date, but there will be no guaranteed response date by the Society. These requests will be granted at the discretion of the Society. 3. All requests shall be processed in the order received. If two (2) or more requests are received at the same time, priority shall be given first to vacation requests, then by seniority and then by draw. 4. The Society may grant unpaid leave to a Musician at its discretion at any time. A Musician previously granted unpaid leave may have that leave converted to Vacation Leave or Personal Services if the leave would qualify for such. A Musician requesting such a conversion shall notify the Society of his/her request no later than thirty (30) days in advance of the first day of the leave. I. Personal services request forms shall be signed by the Principal within forty-eight (48) hours of receipt. The Musician making the request shall then submit the form to the Personnel Manager. This request shall be notice-effective and reserved in the order of receipt by the Personnel Manager. Musicians may utilize Personal Services according to Section 12.3 Floating Vacation and/or Personal Service(s) Utilization Guidelines. The number of Musicians utilizing the Floating Vacation Week and/or Personal Service(s) and the time of this utilization shall be determined according to the
30

D.

E. F. G.

H.

J. 12.3

Floating Vacation and/or Personal Service(s) Utilization Guidelines A.

following chart: Sections Classics New Dimensions Making Music Louisville Pops, Education concerts, Summer concerts NightLights, OrKIDStra, and Louisville Pops Other, including but not limited to, Non-Local Concerts, Opera and Ballet Violin I NONE 1* 1 21 Violin II NONE 1* 1 21 Viola NONE 1* 1 1 Cello NONE 1* 1 1 Bass NONE 1* 1 1 Non-Strings (per section) NONE 1* 1 1

31

31

21

21

21

AS DETERMINED BY THE SOCIETY

*Titled Musicians are not excused. The following string personnel need not be replaced for the following series: Sections Louisville Pops, Education concerts, Summer concerts NightLights, OrKIDStra Violin I 2 Violin II 2 Viola 1 Cello 1 Bass 1

All non-strings are to be replaced when called for by instrumentation, except under the provisions of Section 5.2.b. B. Musicians may utilize additional services in the following ways: 1) String Rotation (see Section 9.13) 2) Space Limitation (see Section 9.8.a) 3) Petition, at the sole discretion of the Music Director. 12.4 Leaves of Absence A. Audition Leave. Each Musician is entitled to three (3) unpaid audition leaves each contract year. The Musician shall give at least twenty-one (21) days notice to the Personnel Manager before each scheduled audition. The timing and duration of the leaves shall be as necessary in each particular case to enable the Musician to participate in the audition. A Musician who has the opportunity to take an audition and who is rotated off a service or services shall have the right to attend the audition upon notice to the Society, but without taking Audition Leave or Personal Services. If the timing and duration of the Audition Leave is such that the Musician is denied the right to perform
31

related services either before or after the scheduled Audition Leave, and all other combinations of leaves (i.e., Personal Services, free days, floating vacation and rotation) have been exhausted, the Musician may utilize up to two (2) sick days (a maximum of four (4) services) to compensate for his/her absence from the related services. The official length of the Audition Leave shall be tabulated upon the Musicians return. B. Sick Leave 1. Regular or Emergency Sick Leave may be used in the event of the Musicians illness or serious illness in the Musicians family. The Musician may petition the Society for consideration of other persons. a. All Musicians shall be entitled to sick leave (at his/her regular salary) in accordance with the following schedule: i. Beginning with a Musicians first full year of employment and continuing through his/her fifth year of employment, he/she will have four (4) days of sick leave per season. Sick days for the first year of employment, if not complete, will be pro-rated based upon date of hire. ! ! ! ! ii. by June 1 = four (4) sick days by September 1 = three (3) sick days by January 1 = two (2) sick days by April 1 = one (1) sick day

Beginning with a Musicians sixth (6) year of employment and continuing through his/her tenth (10) year of employment, he/she will have six (6) days of sick leave per season. Beginning with a Musicians eleventh (11) year of employment and continuing through his/her employment, he/she will have eight (8) days of sick leave per season.

iii.

b. Sick days are computed as follows: i. ii. iii. One (1) service missed on a single service day equals a debit of one (1) sick day. Two (2) services missed on a double service day equals a debit of one (1) sick day. One (1) service missed on a double service day equals a debit of one-half (0.5) sick day.

c. Sick Leave is applicable to Maternity Leave as set forth in Section 12.4.f. d. Sick days accrue from September 15, 1978. Unused sick days shall accumulate up to a maximum of sixty (60) days for each Musician. However, all accrued sick dates accumulated prior to September 1, 2006, shall be grandfathered, but shall not increase if they exceed sixty (60) days per Musician. e. The Society may require satisfactory proof of illness. 2.Sick Day Pool Each September, the Society shall give each Musician the option to donate one (1) day of that Musicians sick day allocation for the contract year to a pool of no more than seventy (70) days per contract year. These days shall
32

be cumulative from year to year, but shall not exceed seventy (70) days in any one (1) year. The Sick Days Subcommittee, in conjunction with the L.O.M.C., shall equitably allocate the days from this pool to Musicians whose needs for sick leave days exceed their personal allocations and accumulations. C. D. Summer Leave. Unpaid summer leave shall be granted at the discretion of the Society and shall not be unreasonably withheld. Professional Musical Development Leave. Should a Musician request a leave of absence for further professional musical development, such requests, including the length of the proposed leave, shall be left to the discretion of the Executive DirectorC.E.O. in consultation with the Music Director. The leave of absence will be without pay, but the Musician shall retain his/her full benefits package, except the Musician shall not be eligible to remain on the Societys health insurance plan if the leave is to perform with a professional orchestra that has a comparable or better health plan and the Musician is eligible and qualifies for that plan. The musician shall retain his/her pay and seniority ranking. No more than three (3) Musicians shall be on such leave simultaneously. Such leave shall not exceed twelve (12) months duration. For full year leaves, full-timecontract replacement Musician(s) shall be chosen through a national audition. (see Article 15) Bereavement Leave. Each Contract Musician shall receive up to three (3) days each contract year for the purpose of grieving the loss of an immediate family member, including spouse or domestic partner, mother, father, child, sister, brother, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandparent, or grandchild. The Society may be petitioned for consideration of other persons and/or additional days (which may be computed as sick days). Maternity Leave. Effective on the day of childbirth or legal adoption (or earlier, if so directed by a physician), a mother shall receive up to ninety (90) consecutive leave days, for the first forty-five (45) of which normal compensation shall be provided (which shall not be computed as sick leave). Additionally, the mother may elect to use any additional sick days leave available to her. Paternity Leave. Effective on the day of childbirth or legal adoption, a father shall receive eight (8) consecutive days at normal compensation, to be used within one (1) year of the effective date, and may elect to use up to seven (7) additional days computed as sick days. Jury Duty A Musician, unable to be legitimately excused from jury duty, shall be exempt from travel and/or services that conflict with such jury duty. Normal compensation shall continue.

E.

F.1

F.2

G.

ARTICLE 13. RESIGNATION, DISMISSAL, DEMOTION, PROBATION

13.1 Representation. A Musician, at his/her request, has the right to be represented by the Union, or any representative of the Musicians choosing, at an investigatory meeting with the Society, or its representative, when that Musician reasonably believes that the meeting may lead to disciplinary action. This meeting shall either be delayed until the Musicians representative arrives, rescheduled, or end immediately if no Musician representative is present. Resignation. A Musician may resign effective at the end of the contract year by providing notice to the Society by February 1, if possible. Review Committee
33

13.2 13.3

The Review Committee shall comprise fourteen (14) voting tenured Musicians (seven (7) Principals and seven (7) Non-Principals). The committee members shall elect their own Chairperson. In addition, the Union Steward shall be a non-voting member of the Review Committee. A. The names of all Orchestra Musicians shall be placed inside individual blank and sealed envelopes, which shall then be divided into two (2) groups: Principals and Non-Principals. During September of each contract year, the L.O.M.C. Chairperson shall select nine (9) envelopes from each of the two (2) groups as witnessed by the remaining L.O.M.C. members. The envelopes shall remain sealed at the Union procedures are initiated at which time they shall be opened. until formal dismissal

B.

C. D.

From the above list, two (2) names (one (1) Principal and one (1) NonPrincipal) may be struck first by the Music Director followed by two (2) names (one (1) Principal and one (1) Non-Principal) struck by the Musician subjected to dismissal proceeding. Any Musician may elect to decline membership in the Review Committee if a question of conflicting interests is persuasive. A replacement shall be made by the L.O.M.C. Chairperson drawing another envelope. A replacement for a Principal shall be a Principal and a replacement for a Non-Principal shall be a Non-Principal. Notwithstanding, the decision to dismiss a Musician pursuant to Sections 13.4 and 13.7 is the sole responsibility of the Society and the Musician retains the right by Article 16 to grievance and arbitration procedures.

E.

13.4

Dismissal for Failure to Maintain Consistent Musical Standards A. Tenured Musician 1. The Society reserves the right to dismiss a tenured Musician for failure to maintain consistent musical standards. This dismissal procedure may be set in motion only by the request of the Music Director. However, such action shall not occur in the first or last year of the Music Directors tenure. For the purpose of mailing any notice of termination, the address of the Musician shall be the last address provided to the Society in writing by the Musician. A copy of any such notice shall be sent to the Union Steward and Union immediately after the notice has been sent by registered mail or otherwise provided to the Musician. 2. Prior to the initiation of the formal dismissal proceedings hereafter set out, the Music Director shall meet with the Musician and the Union Steward to discuss specific points of dissatisfaction with the Musicians musical performance. 3. If after six (6) months from said meeting, the Music Director determines that the musical performance of the Musician, as noted in the first meeting, remains below the musical standards of the Orchestra, then the Music Director may continue the dismissal proceeding by so advising the Musician and the Union Steward. 4. Within thirty (30) days of the receipt of the notice of dismissal, the Musician may accept or contest the dismissal. a. If the Musician accepts the dismissal, he/she shall have the option of severing his/her employment effective at a mutually agreeable time, but no later than the end of the current contract year. If the Musician contests the dismissal, the Musician shall serve written notice
34

b.

of such intent to the Music Director, Union Steward, and the Union. At this time, the current seasons Review Committee shall meet within fifteen (15) days with the Music Director, the Executive DirectorC.E.O., and the Musician to discuss the basis for dismissal. The Review Committee shall then elect its own Chairperson and shall operate according to such rules and procedures as it shall deem appropriate, provided, however, that they: i. ii. iii. permit the Music Director and dismissed Musician to be present during the testimony of one another and to rebut that testimony; if requested by the dismissed Musician, conduct the hearing in such a manner so as to prevent the disclosure of the identity and testimony of all other witnesses; and give both the Music Director and dismissed Musician the opportunity to rebut evidence which the Review Committee deems in its sole judgment to be significant and material.

The Review Committee shall then make its determination by a majority secret ballot as to whether in its judgment the Musician sustained his/her burden of proving by a preponderance of the evidence that the Music Directors judgment and decision were in error. The majority decision of the Review Committee shall be recorded in writing and shall indicate affirmance or reversal of the decision of the Music Director. The decision of the Review Committee must be rendered within fifteen (15) days of its convening and submit its advisory recommendation to the Society. 5. If the Society pursues dismissal for failure to maintain consistent musical standards, the Musician shall have the right to proceed to Formal Step #2 under Section 16.2.c or the option of severing his/her employment effective at a mutually agreeable time, but no later than the end of the current contract year. Upon signing a full release, the Musician shall receive severance pay equal to the number of years of service times amount of one weeks minimum scale in effect at the time of severance. B. Non-Tenured Musician A musicians first two (2) years of employment shall be considered probationary. First performance appraisal. After six (6) months, but no later than twelve (12) months from the date of the Musicians first service with the Orchestra, the Music Director shall meet with the Musician along with the section principal (or, if a principal position, with the principals from related sections), and the Union Steward to review the progress of the Musician toward tenure. If the Music Director is out of town at this time, he or she may participate via telephone or electronic mail. Problems, if any, will be noted at that time with such specificity as to provide the Musician an opportunity to correct them. Second performance appraisal. After eighteen (18) months, but no later than twentyfour (24) months from the date of the Musicians first service with the Orchestra, the Music Director shall meet with the Musician, along with the section principal (or, if a principal position, with principals from related sections), and the Union Steward. Notwithstanding the above, if problems are noted in the first performance appraisal that could affect the decision on tenure, then the second Performance Appraisal shall be not more than twelve (12) months after the first. At this time, the Music Director, in consultation with the section principal(s) present, shall either grant tenure or release the Musician from employment effective at the earlier of: 1. one month from the date of this meeting, or 2. the end of the Musicians current contract. If the Music Director is out of town at this time, he/she may participate via
35

telephone or electronic mail. A representative of the Society may attend either or both of these Performance Appraisal meetings. (see Section 5.4.a) 13.5 Demotion for Failure to Maintain Consistent Musical Standards In the event the Music Director decides to demote a Musician within a section, or, in the case of the violin sections, to transfer a Musician from one section to another, a notice shall be sent to the Musician and Union Steward, any time during the contract year, specifying the available position, which may be a current position or added position, to which the Musician will be moved. A non-tenured musician has no recourse from a demotion decision of the Music Director. A. If the tenured Musician accepts the demotion, his/her position is effective immediately and shall retain the current salary either for period of six (6) months or until the end of the season, whichever is longer. If the tenured Musician chooses to contest the demotion, he/she is eligible for appeal through the procedure set forth in Section 16.2.

B. 13.6

Musician Request of a Demotion If a Musician requests a demotion and the Music Director agrees, the provisions of Section 13.5 shall not apply and the request shall be granted.

13.7

Probation and Dismissal for Just Cause Except when the severity of the matter warrants immediate dismissal, procedures for discipline or dismissal for just cause shall be effective after the following steps have been taken: A. Following the occurrence(s) at issue, the Society shall meet with the Musician to be disciplined and the Union Steward. The specific nature of the offense shall be made known to the Musician at this meeting and a written copy of the charges forwarded to the Musician and the Union. If the problem (assuming that it is severe enough, in the opinion of the Society, to warrant dismissal if it continues) persists, the Musician in question shall receive written notice to this effect and a copy of such notice shall be forwarded to the Union. Such notice may place the Musician on probation for a period not to exceed one (1) year. Repetition of the cited offense, or of an offense of similar type, magnitude, or severity, during such probation may result in immediate dismissal, discipline, or dismissal effective at a later date, but not later than the end of the current contract year. Such notice shall specify the effective date of dismissal or discipline and shall be delivered or sent by registered mail to the Musician and delivered or mailed to the Union Steward. If the Musician receiving such notice, or the Union on the Musicians behalf, believes the dismissal or discipline to be unjust, then within fourteen (14) days of receipt of the notice by either the Musician or the Union (whichever is later), the Musician and/or Union may provide written notice to the Society of an intent to protest and seek relief of the dismissal or discipline action. The procedure shall be in accordance with Section 16.2.c and 16.5.

B.

C.

13.8

Musician Status The salary and benefits (except as otherwise provided in this Master Agreement) of such Musician shall continue until all appeals have been exhausted and the final judgment stands.

ARTICLE 14. ELECTRONIC MEDIA

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14.1

Mandatory AFM Agreement Except as otherwise explicitly provided in this Agreement, no service or any part thereof shall be recorded, reproduced or transmitted from the place of service in any manner or by any means whatsoever by the Society, or by any other person(s), in the absence of a specific written agreement with the AFM.

14.2

Musician Agreement and Notification The Society agrees that in addition to fulfilling all AFM requirements regarding electronic media, it shall have the agreement of the Union and the L.O.M.C. before initiating any electronic media project, and then shall provide a minimum of thirty (30) days notification of project information, including compositions to be recorded. A. Conditions Not Requiring Prior Agreement Prior notification, where standing L.O.M.C. Agreement exists, is not required for the following three (3) projects: 1. local radio broadcasts (as set forth in Section 14.4) 2. archival tapes (as set forth in Section 14.5) 3. grant tapes (as set forth in Section 14.6)

B.

Photographs Standing L.O.M.C. agreement exists regarding the following types of photographs with the specified notification to the Musicians: 1. Formal One posed, formal, full-dress orchestra portrait per contract year may be taken without additional compensation upon no less than one (1) weeks verbal and written notice, and must be done within thirty (30) minutes following the end of a scheduled service.On two (2) occurrences per contract year, a two and one half hour service may be used for Marketing and/or photography. 2. Press Press photos may be taken of the Orchestra without additional compensation. Musicians shall be notified of press presence no later than the beginning of the service involved. 3. Marketing Brochure Photos may be taken of Musician(s) of the Orchestra for inclusion in marketing brochures without additional compensation upon no less than one (1) weeks notice to the Musician(s) involved. 4. Performance Photograph Prohibition Photographic and personal recording devices are strictly prohibited at all performances. An announcement stating this prohibition shall be made in the lobby or at the beginning of each performance.

14.3

Compensation for Electronic Media Sessions Services and/or sessions involving electronic media shall be compensated in accordance with the terms and conditions of all AFM media agreements. Where no such agreement exists, the Society shall negotiate an agreement with the Union and the L.O.M.C.
37

14.4

Local, Non-Commercial Radio Broadcasts A. The Society may create, or cause to be created, audio recordings of Classics concerts, New Dimensions concerts, and Kentucky Opera performances utilizing the Louisville Orchestra for the sole and express purpose of local, non-commercial radio broadcast without additional compensation. In exchange, the Society, in collaboration with the public radio station and the L.O.M.C., may implement an annual twenty-four (24) hour radio-thon which shall solely benefit the Louisville Orchestra. For the purposes of this agreement, local shall be defined as broadcasts emanating from within the jurisdictional boundaries of Local 11-637, AFM as of September 1, 2001. An Electronic Media Evaluation Committee consisting of up to two (2) representatives of the Artistic Advisory Subcommittee, one (1) representative of the Society and the Music Director shall meet on a timely and regular basis to review the quality of performances recorded for broadcast use. If a majority of the Evaluation Committee agrees that it is impossible to assemble an edited performance of acceptable quality, the performance under consideration shall be withheld from broadcast. The Society acknowledges and accepts responsibility for the creation, use and proper storage of broadcast tapes. After broadcast, such tapes shall be returned to and remain in the custody of the Society. The Society shall neither duplicate, nor permit the duplication of such tapes. Broadcast tapes shall not be used as evidence against any Musician in any disciplinary demotion, reseating, or dismissal proceeding. All other broadcasts shall be done in accordance with the terms of AFM agreements. The Society may designate a recording professional to make audio archival tape recordings of orchestra performances. In the event that archival tapes are made, said tapes shall remain at all times in the custody of the Society. The Society shall neither duplicate, nor permit the duplication of any archival tape, nor shall it allow any use of an archival tape for purposes other than review by the Music Director/Conductor, Musicians of the Orchestra, and other authorized personnel as mutually agreed upon by the Society, L.O.M.C., and Union. Archival tapes shall be available at all times during normal business hours in the Louisville Orchestra office. Archival tapes shall not be used as evidence against any Musician in any disciplinary demotion, reseating, or dismissal proceeding. The Louisville Orchestra, Louisville Ballet, and Kentucky Opera shall be allowed to make audio and/or video recordings of performances involving the Louisville Orchestra for archival purposes.

B.

C. D. E. F. 14.5 A. B. C.

Archival Tapes

D. E. F.

14.6

Grant Tapes The Louisville Orchestra, the Louisville Ballet, and Kentucky Opera shall be allowed to make audio and/or video recordings of performances involving the Louisville Orchestra for grant purposes. Such recordings shall be created from previously existing archival tapes. Grant tapes shall not be used as evidence against any Musician in any disciplinary demotion, reseating, or dismissal proceeding. Within ten (10) days of creating the grant tape, the Union shall be provided with a full personnel list of all Musicians participating in the services from which the grant recording was created, the repertoire included in the recording, and the date that the recording
38

was created. The Union shall be provided a copy of the finished product. The Union shall have the right to request verification of the specific requirements of any grant proposal or opportunity. 14.7 Recorded Segments for Promotional Use Local news and/or magazine programs shall be permitted to record for broadcast up to five (5) minutes of audio and/or visual product of the Orchestra without compensation, provided that such broadcast specifically and exclusively promotes the activities of the Louisville Orchestra. Verbal notification to the Musicians shall be no later than the day before and again at the beginning of the service involved. If the Society receives notice of media presence less than twenty-four (24) hours prior to the affected service, the Society shall give verbal notification to the Musicians at the beginning of the affected service.

ARTICLE 15. AUDITION, ADVANCEMENT/APPOINTMENT

15.1

Audition Procedures Immediately after the occurrence of any permanent opening, the Society shall notify, in writing, the Principal of the section involved of the vacancy or new position. If the Principal is unavailable, the remaining members of the committee will be selected before proceeding. A. After consulting with the Principal of the section involved, or the remaining members of the Committee if the Principal is unavailable, the Music Director, after approving the audition list, shall submit it to the Music Librarian and representative of the Society. The Music Librarian shall compile the audition book from the above list and distribute a copy of it to each member of the audition committee for all auditions. All auditions shall comply with the ICSOM Code of Ethical Audition Practices. The Union Steward (or designee) and the representative of the Society shall be present at all auditions, but not included as members of any audition committee. All permanent and full-year openings shall be filled by a national audition except in the case of demotion as set forth in Section 13.5 or 13.6. All full year openings shall be filled by a national audition or by appointment by the Music Director in consultation with the involved section. Final authority regarding whether to hold a national audition rests with the Music Director.

B.

15.1 2 Audition Policy Rules A. B. C. D.

DE.

Audition Committee 1. Format a. Only tenured Louisville Orchestra Musicians may serve on audition committees. Any Musician related to a candidate, or in another relationship that gives rise to similar bias, shall not be eligible for that particular audition committee. Louisville Orchestra Musicians currently on leave may serve at the discretion of the Music Director. b. Audition committees shall be made up based on the following formulas. If these specifications are unobtainable, the principal of the involved section, or the remaining members of the committee if the Principal is unavailable, and the Music Director shall confer and appoint a suitable replacement. If, at the
39

time of a scheduled audition, fewer than seven (7) of the appointed audition committee members are present, the audition may proceed with a minimum of five (5) committee members. However, the society shall engage the required number of emergency substitutes to fill all committee vacancies for the remainder of the audition. c. Committee formulas Principal String positions: 3 Principal String players plus the Assistant Principal of the involved section plus 3 members of the involved section for a total of 7 Non-Principal string positions: 2 Principal String players (including the principal of the involved section) plus 1 other titled player (with preference given to the Assistant Principal of the involved section) plus 4 members of the involved section for a total of 7 Principal Woodwind positions: 3 Principal Woodwind players Principal Horn plus 3 Non-Principal Woodwind players for a total of 7 Non-Principal Woodwind positions: 4 Principal Woodwind players plus 3 Non-Principal Woodwind players for a total of 7 Principal Brass positions: 3 Principal Brass players plus 4 Non-Principal Brass players (with preference given to members of the involved section) for a total of 7 Non-Principal Brass positions: 4 Principal Brass players plus 3 Non-Principal Brass players (with preference given to members of the involved section) for a total of 7 Percussion/Timpani/Harp (Principal positions): 1 Principal Percussion/Principal Timpani/Principal Harp 1 Principal Woodwind 1 Principal Brass 1 Principal String 1 Non-Principal Woodwind 1 Non-Principal Brass 1 Non-Principal String For a total of 7 Concertmaster: 4 Principal String players plus Assistant Concertmaster (or 1 other titled string if the Assistant
40

Concertmaster is auditioning) 1 Principal Woodwind 1 Principal Brass plus 4 Non-Principal Violins for a total of 11 Principal Horn: 2 Principal Brass 2 Principal Woodwinds (with preference given to the Principal Clarinet and Principal Bassoon) plus 3 members of the Horn section for a total of 7 d. When players required by the formulas above are not available, a reasonable substitution will be made by the section of the involved audition. d.e. Titled and non-titled Musicians shall be chosen first from the section involved and, only when necessary, then from related sections. Those Musicians from related sections who wish inclusion in the audition committee, according to the above format, may notify the representative of the Society. e.f. Music Director Participation i. In the Semi-Final Round of a Non-principal audition, the Music Director may be present. In the Final Round, the Music Director shall be present;

ii. In Principal auditions, the Music Director shall be present at SemiFinal and Final rounds. iii. If the Music Director is unavailable, the Music Directors designee (i.e. Assistant conductor, etc.) will serve in his/her place. When the Music Director position is not filled, a designee appointed by the Concertmaster will be appointed to serve in the Music Directors place. iv. The Music Director (or acting replacement), has the following voting rights: a. in the case of a tie in the semi-final round (if the Music Director is present) or the final round, when the Music Director shall cast the deciding vote after giving appropriate weight to the recommendations of the Musician members of the audition committee, or b. c. in the case of a Principal audition, the Music Director shall have two (2) votes in any round, plus the deciding vote in the case of a tie. in the case of a Concertmaster audition, the Music Director shall have four (4) votes in any round, plus the deciding vote in the case of a tie.

2. Voting Procedure (for Auxiliary Audition Committee refer to Section 15.6.c) a. Initial Procedures i. Voting in all rounds shall be by secret ballot or by a show of hands. ii. In the preliminary or semi-final round each audition committee member shall be required to answer the question Shall the candidate
41

be heard in the next round? iii. There shall be no discussion before voting during the preliminary round. b. In the semi-final round, a preliminary vote shall be taken prior to any discussion. Any candidate receiving the necessary votes will be advanced to the next round. At this point, discussion of the remaining candidates may take place. Following this discussion, another vote will be taken and any additional candidates receiving the necessary number of votes by secret ballot, or by show of hands will also be advanced to the next round. The Music Director may also advance any semi-finalist to the final round at his/her discretion. In the final round, discussion shall take place after hearing all of the finalists. At this pointAfter all discussion has concluded, the audition committee shall vote to: i. ii. go directly to a final vote (and chose an audition winner/s), or continue the final round and make decisions about hearing candidates in additional rounds, including inviting any candidate for a trial period..

c.

If the audition committee votes to go directly to a final vote:, each Each committee member shall be required to answer the question yes/no, Is the candidate qualified to fill the vacancy? When ballots are counted, tThe audition committee shall then discuss and rank the qualified candidatescandidates who were voted qualified according to Section 15.1.d.(2)(d)(ii). If the audition committee votes to continue the final round:, Tthe committee shall then vote yes/no on the question Shall this finalist continue in the final round? Any finalist not receiving the necessary number of votes to continue the audition will then be released from the audition by the society representative, and therefore be deemed unqualified to fill the position. Concerning those finalists receiving the necessary number of votes, the committee shall have the option of hearing any finalist play again, either alone or with selected members of the orchestra. The audition committee shall also have the option of requiring any finalist to play in the orchestra on a paid trial basis for a reasonable amount of time not to exceed three weeks. This option shall require a unanimous majority vote by the audition committee. After the trial period: After this time theThe audition committee shall reconvene and make a final determination concerning hiring and ranking. Each committee member shall be required to answer the question yes/no, Is the candidate qualified to fill the vacancy?

42

The audition committee shall then discuss and rank the candidates according to Section 15.1.d.(2)(d)(ii). d. Additional Procedures i. In the case of an audition with multiple openings in section string positions, the audition committee shall first select those candidates who are qualified and then shall rank them. Openings shall be filled in the order of this ranking, which shall remain in effect for twelve (12) months. Should a subsequent opening occur during this time, within the same section, the next qualified ranking candidate may be offered that opening at the discretion of the audition committee. Ranking Vote and Selection The committee shall vote separately for each ranking: 1st place, 2nd place, etc. The finalist winning the most ballots in each vote shall be awarded that ranking. The candidate ranked first shall be offered the position. If the candidate refuses the position, or does not accept within ten (10) days, the musician ranked next on the list shall be offered the position no later than the next business day. iii. Applicant for Position as Principal Notwithstanding anything in Article 15 to the contrary, an offer of a contract to a person for the position of Principal may be contingent upon receiving, within the ten (10) day period, references satisfactory to the Society and the audition committee from the previous employer of that person with respect to non-musical or non-artistic matters. The final decision will be made by the audition committee by secret ballot.

ii.

e.

Each audition committee member shall have only one (1) vote except: a.in the case of a tie in the semi-final round (if the Music Director is present) or the final round, when the Music Director shall cast the deciding vote after giving appropriate weight to the recommendations of the Musician members of the audition committee, or b.in the case of a Principal audition, the Music Director shall have two (2) votes in any round, plus the deciding vote in the case of a tie. c.in the case of a Concertmaster audition, the Music Director shall have four (4) votes in any round, plus the deciding vote in the case of a tie.

f. g. h.

Any opening in a titled position shall have a separate audition. All candidates shall be isolated from any audition committee until after the final votes in the final round have been counted. Audition Screen. All candidates shall audition behind a screen for all preliminary and semi-final rounds. Before the final round, a majority vote of the audition committee shall determine if the screen is removed.

15.2

Audition Procedures Immediately after the occurrence of any permanent opening, the Society shall notify, in writing, the Principal of the section involved of the vacancy or new position. If the Principal is unavailable, the remaining members of the committee will be selected before proceeding.
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A.After consulting with the Principal of the section involved, or the remaining members of the Committee if the Principal is unavailable, the Music Director, after approving the audition list, shall submit it to the Music Librarian and representative of the Society. B.The Music Librarian shall compile the audition book from the above list and distribute a copy of it to each member of the audition committee for all auditions. 15.3 National Audition A. Initial Procedures 1. The Union shall be notified of the opening and the audition date. 2. Any tenured Musician wishing to audition shall be placed in the Final Round. 3. Members of Local 11-637 shall be guaranteed a spot in the preliminary auditions in the case of any resume screening. B. The Audition Committee may meet to establish guidelines, including use of tapes if desired, and review all applicants resumes. Decisions by the Audition Committee concerning applicants not invited after resume screening shall be considered final. The committee shall choose selections from the audition book for each round. National audition rounds shall be delineated as follows: 1. Preliminary Round All preliminary candidates shall be heard behind a screen in this round. 2. Semi-final Round Candidates advanced from the preliminary round shall be heard behind a screen in this round. This round may be eliminated if five (5) or fewer candidates are advanced from the preliminary round. The decision to eliminate the semi-final round may be made by the majority by secret ballot or show of hands, and means that the committee elects to move directly to the Final Round. 3. Final Round Any candidate advanced from the semi-final round (or preliminary round if no semifinal round is held) and/or any tenured Musician (automatically advanced) shall be heard in this round. Tenured musicians who elect to audition in the preliminary round, but who do not advance to the final round, may also be heard in this round. D. E. Voting (see Section 15.1.d.(2)) After the Final Round of any National Audition The winning candidate shall immediately be offered a contract, which must be signed by the winning candidate within ten (10) days of the offer. (see Section 5.3.c) 15.4 Interim Advancement/Appointment A.An interim advancement shall be defined as a temporary change of position to fill a temporary vacancy, which is mutually agreeable between the Musician, the Principal of the section involved, the Music Director, and in consultation with the L.O.M.C. B.If there is no interim advancement and no qualified musician is available from the current Auxiliary List to substitute until the permanent opening is filled, an interim appointment may be made by the Music Director in consultation with the Principal of the String section involved or the entire Wind section, whichever is applicable, and the Chairperson of the L.O.M.C. C.For full-year leaves, full-time replacements shall be chosen through national auditions.
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C.

15.5 4 Notification of Audition A. B. The national audition, to be held in Louisville, Kentucky, shall occur no later than six (6) monthsas soon as reasonably possible after any permanent opening occurs. Written Announcements (Ads) The Society shall also ensure that an announcement concerning the opening and audition date shall be submitted to the International Musician and the Union within fourteen (14) daysas soon as reasonably possible after the opening occurs. These announcements shall include position(s) and starting date, whether the vacancy is a permanent or one (1) year vacancy, audition date, salary, benefits, audition deposit and shall state that Only qualified applicants need apply. The Society shall provide a copy proof of all ads to the L.O.M.C. 15.6 5 Auxiliary Audition A. Initial Procedures 1. Auditions for the Auxiliary List shall be offered at least once every three (3) years. Auxiliaries on the current Auxiliary List, although not required to re-audition each time an auxiliary audition is held, possibly may not retain their current ranking following the audition date and may also be removed from the Auxiliary Musician listing by the committee in attendance. 2. The Union shall be notified of the audition no later than sixty (60) days prior to the audition date. 3. Any interested musician shall apply in writing to the Society no later than two (2) weeks before the audition date. 3.4. Auxiliary musicians who do not maintain agreement set forth by the Collective Bargaining Agreement and/or musical standards upheld by the Music Director and/or section Principal may be removed from the auxiliary list at any time. Final authority rests with the Music Director. B. Auxiliary Audition Committee 1. The purpose of the Auxiliary Audition Committee is to determine qualification to perform as extra or substitute musician with the Louisville Orchestra. 2. Members of the section involved and the Music Director (or designee per section 15.2.e.f.iii) shall be members of the Auxiliary Audition Committee. However, if there is only one (1) member of the involved section available, the principal of the involved section shall confer with the Music Director to choose one (1) other tenured Musician to serve on this committee. C. Voting. Section 15.1.d.(2) procedures shall be followed with the following modifications: 1. The audition committee shall have the option of completing the audition in (1) one round, and the audition shall be behind a screen; 2. Each candidate shall receive either a Qualified or Unqualified vote; and 3. Auxiliary List Ranking a. The audition committee shall first select those candidates who are qualified and then rank them on the Auxiliary List. Temporary openings, as they occur, shall be filled in the order of this ranking.

b.Any Auxiliary shall have the right to contest, in writing, his/her ranking on the Auxiliary List. In this case, one (1) additional Auxiliary audition for only the
45

section involved shall be held within thirty (30) days of the written contestation date. All above procedures shall be followed. The result of this additional auxiliary audition shall be final until the next regular Auxiliary audition is held for the involved section. There shall be only one (1) additional Auxiliary audition for re-ranking purposes per contract year. c.b. Alterations in the Auxiliary List may be allowed if: i. Former full-timeContract Musicians leave the Orchestra, Musicians play inadvance to the final round of national auditions, or if Musicians qualified for one (1) year positions and/or interim appointments request to be included on the Auxiliary List, at anytime at subject to the discretion of the involved Auxiliary Audition Committee and the Music Director, . ii. The Auxiliary requests exclusion, and/or iii. Requested by the involved Auxiliary Audition Committee or the Music Director, in consultation with the LO.M.C.. iv. Final authority shall rest with the Music Director. 15.7 6 Committee Remuneration A. For any National and Auxiliary Audition each Musician member of any audition committee shall receive the following scale for each day, or portion thereof, when their attendance is required: 1. Up to two (2) hours $30.00 2. From two (2) hours up to four (4) hours $60.00 3. Beyond four (4) hours $75.00 B. The audition committee, the Union Steward (or designee) and the representative of the Society shall mutually agree upon designated meal times.

15.7

Interim Advancement/Appointment A. An interim advancement shall be defined as a temporary change of position to fill a temporary vacancy (including full-year leaves), which is mutually agreeable betweenamong the Musician, the Principal of the section involved, and the Music Director. An interim appointment may be made by the Music Director in consultation with the Principal of the section involved. If there is no interim advancement and no qualified musician is available from the current Auxiliary List to substitute until the permanent opening is filled, an interim appointment may be made by the Music Director in consultation with the Principal of the String section involved or the entire Wind section, whichever is applicable, and the Chairperson of the L.O.M.C. For full-year leaves, full-time replacements shall be chosen through national auditions.

B.

C.

ARTICLE 16. GRIEVANCE PROCEDURE AND ARBITRATION

16.1 Definition A grievance is any dispute relating to the interpretation or application of this Master Agreement or any other agreement in effect between the parties. A grievance may be initiated by a
46

Musician, by the Union on behalf of a Musician or in its own interest, or by the Society. 16.2 Procedure on Individual Grievance A. Informal Step A Musician, prior to instituting a formal grievance, shall meet with an agent of the Society to discuss any grievance or other complaint relating to the Musicians employment (other than a complaint arising under Article 13 Termination, Demotion, Probation and Resignation) within ten (10) days after the facts, upon which the grievance or complaint is based, first became known to the Musician. The Union Steward shall be present at such discussions. Any resolution of the grievance or complaint shall be consistent with this Master Agreement and shall not be binding upon the Union or any other Musician. If the Union is of the opinion that a complaint, which is a grievance within the definition of Section 16.1, has been informally resolved in a manner inconsistent with the terms of this Master Agreement, then the Union may institute a grievance under the provisions of Section 16.3 protesting such resolution. The Society shall reply within ten (10) days of the presentation by the Musician. B. Formal Step #1 If a grievance or other complaint is not resolved at the Informal Step, the Musician or the Union on behalf of the Musician shall formally present the grievance, in writing, to the Society within ten (10) days after the reply of the Society under the Informal Step. The grievance shall specify: 1. the Articles(s) and section(s) under dispute, and 2. the relief sought. The Musician or the Union shall meet with the Society within fourteen (14) days after the grievance has been presented to the Society. If the complaint is presented by the Musician on his/her own behalf, the Musician shall be accompanied at such meeting by a Union Representative and a representative of the Musicians own choosing (should the Musician so desire). The Society shall render a written decision on the grievance within fourteen (14) days of this meeting, and a copy of such decision shall be forwarded by the Society to the Musician and the Union. C. Formal Step #2 If the grievance is not resolved at Formal Step #1 (or if a Musician has been disciplined or terminated under the provisions of Article 13), this step may be invoked by the Musician or the Union by submitting a written appeal within fourteen (14) days after completion of Formal Step #1 (or after completion of procedures under Article 13). Within ten (10) days of this appeal, the Society and the Union shall convene an Appeal Board to consider this grievance. The Appeal Board shall include four (4) members as follows: 1. two (2) persons appointed by the Society who are members of the Board of the Society, but are not employed by the Society; and 2. two (2) persons appointed by the Union who are members of the Board of the Union but are not employed by the Society. All members of the Appeal Board shall vote by secret ballot either For or Against the Musician. The Appeal Board shall issue a decision within twenty-four (24) days after the time in which the Society is required to submit its written reply under Formal Step #1. A decision by a majority of the Appeal Board shall be final and binding upon all parties. Should a tie vote result or should the Appeal Board fail to provide a decision within the
47

time allowed, either party may then proceed to arbitration (see Section 16.4) without further delay. The Appeal Board shall thereafter be precluded from acting on the matter. 16.3 Procedure on Union or Society Grievance The Union or the Society may initiate a grievance on its behalf by submitting a written statement of the grievance to the other party within thirty (30) days after the facts upon which the grievance is based first became known to the filing party. The parties shall then proceed within fourteen (14) days of the presentation of the grievance to hold a meeting consistent with Formal Step #1 of this Article. A written answer to the grieving party shall be rendered by the other party within fourteen (14) days after this meeting. Both parties have the right to arbitration set forth within this Article. 16.4 Arbitration A. If a dispute is not resolved by the Appeal Board within the required time, it may be submitted to an Arbitrator for a final and binding determination. Arbitration shall be invoked by the Union or the Society, as the case may be, by notifying the other to this effect within twenty-one (21) days after the Appeal Board has become, or is considered to be, deadlocked. The Union and the Society shall jointly select an impartial Arbitrator. The fees and expenses of the impartial Arbitrator shall be shared equally by the Union and the Society. If the parties are unable to agree upon a procedure for selection of the impartial Arbitrator within seven (7) days after the demand for arbitration, the parties shall utilize the process of the Federal Mediation and Conciliation Service and shall be bound by the rules and procedures of that organization for the selection of an impartial Arbitrator and the conduct of the arbitration hearing. A decision of the Arbitrator shall be final and binding. In the event the Arbitrator shall determine that there has been a deliberate or willful violation of this Agreement by the Society or the Union, for which the usual make-whole remedies are not appropriate, the Arbitrator shall have the authority to fashion such remedy as the Arbitrator shall consider necessary to prohibit a repeated violation. However, the Union shall not be held to be responsible for the actions of individual Musicians acting without its authority. In any arbitration relating to discipline or dismissal for just cause, the Arbitrator shall have the authority, when the Arbitrator finds it appropriate, to modify the discipline imposed, including directing reinstatement with or without back pay; however, no such discipline shall be increased or more severe. A monetary award of the Arbitrator shall be paid with no later than thirty (30) days of the date of the award.

B.

C. 16.5

Final Resolution Any grievance not processed to the next step within the specified time limits shall be considered resolved. Should either party not comply with the time limitations provided in this Article, the other party shall prevail in the pending grievance.

ARTICLE 17. OUTSIDE EMPLOYMENT

17.1 Outside Employment Definition Extra work (other than regularly contracted Louisville Orchestra services) which becomes available during each contract year from an outside source, through telephone calls, or other communication with the Society shall be termed Outside Employment. (see Appendix B Definitions) 17.2 Procedures
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A.

In the event outside employment becomes available during each contract year, that work shall be equally distributed among the Musicians (except for requests that require specific style and/or instrumentation) and administered exclusively by the management staff. No later than the end of each contract year, the Society shall submit to the L.O.M.C. an itemized list of the previous seasons outside employment engagements. The Society shall post a sign-up list, with a verbal announcement, for those Musicians who wish to be engaged in the next contract years outside employment. The list shall be in effect from contract year to contract year with changes submitted to the Society as needed. Payment 1. Payment shall be a minimum of fifteen percent (15%) of each Musicians applicable weekly salary up to and including two and one-half (2.5) hours of performance; and 2. Payment shall appear on each Musicians regular paycheck no later than twenty-one (21) days after the engagement is performed. 3. Service requests for more than two and one-half (2.5) hours shall be additionally compensated at five percent (5%) per thirty (30) minute increments according to each Musicians applicable weekly salary. 4. In the event no contracted Louisville Orchestra Musician is available, an ensemble may choose personnel from the Louisville Orchestra Auxiliary List, who shall be compensated at the applicable Auxiliary scale.

B.

ARTICLE 18. EDUCATIONAL SERVICES

18.1 18.2
Administration. Educational services shall be contracted and administered exclusively through the Society. Participation. Musicians shall perform in ensembles for educational and/or community engagement purposes. Musicians, in consultation with the Education Director, shall have the discretion to choose in which of these services they would participate. A. Up to four (4) education/community engagement services shall be mandatory for each Musician and each service shall be subtracted from the weekly and overall service count. In lieu of payment for the next six (6) services, Musicians shall receive six (6) personal services. (For Musicians participating in education ensembles, the first two (2) services may apply to an ensemble rehearsal and professional development service, as assigned by the Director of Education.)

18.3

Payment. Musicians will be paid for education/community engagement services at fifteen percent (15%) of each Musicians base weekly salary. Working Conditions A. Education/community engagement program design and performance will be overseen by the Education Director. It is understood that Musicians will be asked to participate in creating programs around music that is owned by the Musicians and/or the Society. Education/ community engagement services are to be treated as performances and are exempt from the following sections in the Master Agreement: Section 9.1.c., Section 9.1.j., Section 9.8.a.-o., Section 9.9 and Section 10.2.a.-b. Education/ community engagement rehearsals will be assigned as needed by the Education Director and will be exempt from Section 9.8 in the Master Agreement. It is understood that Musicians will provide their own rehearsal space and coordinate all
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18.4

B.

C.

equipment, such as music stands, lighting, special seating, etc. needed for small ensemble services. D. 18.5 A. Education/community engagement services may last up to 2.5 hours each. Musician Presentation Structure 1. 2. B. 1. Individual Ensembles Schools i. ii. iii. iv. v. vi. 2. C. 1. 2. Pre-School Elementary School Middle School High School College/University Adult Education Education Service Presentation Formats

Presentation Location

Community Organizations Live Performances Master Classes

Presentation Formats

2.3. Lectures/Demonstrations/Informances 3.4. Sectional Rehearsals 4.5. Mentor/Teacher D. Student/Teacher Conferences

ARTICLE 19. AUXILIARIES

19.1 Definition (see APPENDIX B DEFINITIONS) An Auxiliary is a musician employed on a non full-timecontract basis. Auxiliaries shall be selected by the Auxiliary Audition Process and ranked on the Auxiliary List. (see Section 15.6) 19.2 Auxiliary Rights and Union Responsibilities 1. An Auxiliary (see Section 19.1) shall be represented by the Union with respect to work performed under this Master Agreement. An Auxiliary shall be entitled to the compensation and benefits specifically provided in this Article. All working conditions relating to services and tours shall apply to Auxiliaries. Auxiliaries shall be members in good standing of the Union. Auxiliary musicians who do not maintain agreement set forth by the Collective Bargaining Agreement and/or musical standards upheld by the Music Director and/or section principal may be removed from the auxiliary list at any time. Final authority rests with the Music Director.
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19.3

Engagement of Auxiliaries The Society shall engage Auxiliaries from the Auxiliary List for the purposes of substitution or instrumentation requirements for all services relating to specific instrument(s) or part(s) and as outlined in the Agreement, including but not limited to, Sections 5.2.b, 5.2.c, 5.5.a, 15.4.b, and Appendix B Definitions: Permanent Opening. A. When a temporary position is available, Auxiliaries will be called in the order of their ranking on the Auxiliary List provided, however, that the Society and the Auxiliary musician may agree, in advance, to pass that the auxiliary on the list for a specified period of time. In addition, in limited occurrences, Music Director or section principal may by-pass the use of the auxiliary list entirely for an individual they deem suitable to the repertoire. The Society shall wait 24 hours for response once a call is placed to an Auxiliary to the purposes of hiring. A telephone log will be kept by the Society. When an emergency situation arises at the last minute and an Auxiliary musician is required, the Society has the right to waive the 24-hour rule and call down the Auxiliary List in rapid succession until contact has been made with an available musician. This will be done in consultation with the Principal of the section involved or the conductor if the emergency involves a Principal musician. When an Auxiliary is employed in a non-Principal position, he/she shall receive for each service twelve and nine-tenths percent (12.9%) of the weekly base scale in each year of this Agreement. When an Auxiliary is employed in a Principal position he/she shall receive move up pay as per Section 12.11. in the amount of 3.18% of weekly applicable scale. Doubling shall be compensated as per Section 7.4.

B. C.

19.4

Compensation A.

B. C. 19.5

Electronic Media Sessions. For electronic media sessions, Auxiliaries shall be paid the then applicable and current American Federation of Musicians Phonograph Recording Agreement rate. Compensation for Tour or Run-out. When an Auxiliary is on tour or run-out, he/she shall be paid the appropriate compensation, listed in Section 19.4, of the weekly base scale for each service. Per Diem. Each Auxiliary shall receive the per diem allowance(s) provided to Musicians. (see Section 11.7)

19.6

19.7

ARTICLE 20. STAND-BY

20.1 Application. The following is an outline of procedure for stand-by policy to be carried out by Musicians designated stand-by (but shall not supersede any provision of the Master Agreement. (see Article 9 plus Appendix B Definitions: Excuse, Rotation, and Stand-by) Notification of Absence A. Musician Notification
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20.2

Musicians notifying the Society that they will be absent from a service must notify the Society of the intended absence as soon as possible and no later than ninety (90) minutes in advance of the call time unless prevented from doing so by an emergency. B. Society Notification The latest notification to be given by the Personnel Manager to the stand-by Musician shall be between ninety (90) and sixty (60) minutes before the call time, except in cases of emergency, when the notification may be given right up to the scheduled start of the service. If the stand-by Musician is not notified by the start of the service requiring the stand-by status that Musician is then excused from that service (see Section 20.6.a). C. Definition of Emergency Late notification of an absence by a Musician shall, in reference to this Article, be defined as an emergency. D. Telephone Availability 1. Musician responsibility Stand-by Musicians not at their regular phone number will provide the Personnel Manager with a telephone number at which they can be reached. 2. Society responsibility A phone number shall be available at all times to the Musicians on stand-by at which the Personnel Manager (or designee) of the Society can be reached in order to carry out the stand-by procedures. 20.3 Equal Distribution of Stand-by Duties A. B. C. Stand-by duties will be equally distributed within each section. No Musician will be required to play a part not specifically required in his/her individual contract, unless he/she agrees to rotate into that position. Assistant Principal Duties 1. Acceptance of an Assistant Principal String title assures that Musicians acceptance to rotate into the temporarily vacant Principal position in that Musicians section. However, an Assistant Principal Wind shall, if: a. Also a third chair, additionally cover both the Principal and second part; or b. Also a second chair, additionally cover only the Principal part. 20.4 Edited Music Edited music shall be made available to the stand-by Musician(s) at the same time it is distributed to the remainder of the Orchestra. 20.5 Emergency Procedure In cases of an emergency, the Musician(s) on stand-by shall be given adequate time to reach the local service site. Record of tardiness will be waived for the stand-by Musician(s) if the request is received by the stand-by Musician(s) sixty (60) minutes or less before the scheduled call time.
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2.

20.6

String Stand-by A. Notification 1. If a Musician on stand-by is not notified by the start of the first service in a day (or earlier), the stand-by Musician is then excused from that service and any other related service on the same day, except when the second service is the related dress rehearsal or corresponding performance(s), for which the stand-by Musician will be on call for ninety (90) minutes before the dress rehearsal or performance. 2. If the days services are unrelated (i.e. different programs), the above notification procedure shall be applied to the second service as well; however, a Musician shall not be on stand-by for two (2) different programs within the same day. B. C. D. Stand-by duties shall be equally distributed within each section. String stand-by Musicians shall attend one (1) rehearsal for a program of up to two and one-half (2.5) hours in length. Titled Chair Substitution 1. At all times, including when on stand-by, Musician(s) holding section string positions shall be compensated an additional nine-tenths percent (0.90%) above his/her weekly salary scale for each service he/she agrees to perform when rotated into an Assistant Principal position. 2. Likewise, when a Musician holding a Section String position agrees to be rotated into a Principal position, he/she shall be compensated an additional two and onethird percent (2.33%) above his/her weekly salary scale for each service performed in that position. 3. Rotation of Section String Musicians into titled positions shall be determined by the Principal of the section involved, Music Director, and the members of the section involved. No non-titled string Musician shall be required to rotate into a titled position without his/her freely given agreement. 4. If the same string Musician fills the same titled position for more than eight (8) contiguous services, that Musician shall receive the same current weekly salary as designated for the titled position being filled.

20.7

Assistant Principal Winds A. Determination. The Music Director in consultation with the Principal and section members of each woodwind section shall determine a member of each woodwind section to be given the opportunity to choose to be designated as Assistant Principal for Assistant Principal scale as stated in Section 7.1 of the Master Agreement. This Assistant Principal salary increase shall not include doubling compensation. Responsibility. The Assistant Principals responsibility is to be on stand-by during all services for the Principal part and their originally contracted position. In any case, the Assistant Principal, when present at a service, shall cover the part assigned by the Principal of his/her section. (see Section 20.3.c)

B. C.

20.8

Non-Assistant Principal Winds If the Third Chair Woodwind Musician is not designated as Assistant Principal: A. The Third Chair Woodwind Musician shall receive an additional seven-tenths percent (0.70%) above his/her weekly salary scale for each service when that Musician rotates into the Second Chair position.

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B. B.C. 20.9 Brass A.

The Third Chair Woodwind Musician shall not unreasonably refuse to rotate into the Second Chair position when asked to do so by the Music Director. If a non-titled woodwind musician moves into the Principal position, they will receive an additional 2.33% of his or her weekly applicable salary. The Assistant Principal Horn position will receive the annual salary stated in Section 7.1 of the Master Agreement as designated for Assistant Principal positions. The salary for the Assistant Principal Horn shall not include doubling compensation. It will be the responsibility of the Assistant Principal Horn position to be on stand-by for all services. Assistant Principal Trumpet and Trombone 1. Determination. The Music Director in consultation with the Principal and section members of the trumpet/trombone sections shall determine a member of each trumpet/trombone section to be given the opportunity to choose to be designated as Assistant Principal for Assistant Principal scale as stated in Section 7.1 of the Master Agreement. 2. This Assistant Principal Trumpet/Trombone salary increase shall not include doubling compensation as stated in Sections 5.2.b and 7.4. 3. Responsibility. The Assistant Principals responsibility is to be on stand-by during all services for the Principal part and their originally contracted position. In any case, the Assistant Principal, when present at a service, shall cover the part assigned by the Principal of his/her section. (see Section 20.3.c)

B.

20.10 Non-Assistant Principal Brass If the Third Chair brass Musician is not designated as Assistant Principal: A. The Third Chair Brass Musician shall receive an additional seven-tenths percent (0.70%) above his/her weekly salary scale for each service when that Musician rotates into the Second Chair position. The Brass Musician shall not unreasonably refuse to rotate into the next chair position when asked to do so by the Music Director. If a non-titled brass musician moves into the Principal position, they will receive an additional 2.33% of his or her weekly applicable salary.

B. B.C.

20.11 Auxiliary as Principal When Auxiliary moves into a Principal position, the Auxiliary salary increase shall equal the Principal salary listed in Section 7.1.shall receive an additional 3.18% per service above the applicable weekly salary

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APPENDIX A. DOUBLINGS
Each of the following is a separate instrument; an unlisted instrument is a separate instrument. Two (2) or more instruments constitute doubling unless otherwise stipulated. List is in score order.

Piccolo Flute Alto Flute Bass Flute Oboe Oboe d'amore English Horn E-Flat Clarinet Clarinet Bass Clarinet (may include Rubber Ducky) Basset Horn E-Flat Contra Alto/Bass Clarinet B-Flat Contra Bass Clarinet C Melody Saxophone Soprano Saxophone Alto Saxophone Tenor Saxophone Baritone Saxophone Bass Saxophone Bassoon Contrabassoon French Horn Alto Horn Wagner Tuba

Piccolo Trumpet Trumpet (may include Cornet) Flugelhorn Bass Trumpet Baritone Alto Trombone Tenor Trombone Bass Trombone Contrabass Trombone Euphonium Tuba Piano/Celeste Harpsichord Organ Harp Percussion/Drum Set Timpani Violin Viola Viola d'amore Violoncello Contrabass Mandolin Electric Bass

DRUM SET

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APPENDIX B. ABBREVIATIONS AND DEFINITIONS

ADDITIONAL SERVICE: A service scheduled during a contract week which is allowed by the L.O.M.C. and required of Musicians but is an exception to the normal scheduling provisions of this Master Agreement and compensated above scale. A.F.M.: American Federation of Musicians A.F.M.-E.P.: American Federation of Musicians and Employers Pension Fund APPEAL BOARD: A decision-making body formed and administered in accordance with Section 16.2.c. ARBITRATOR: An impartial individual selected in a grievance accordance with the provisions of Section 16.5. AUXILIARY: Any musician employed on a non full-timecontract basis. BOARD: The members of the Board of Directors of the Society. CAFETERIA PLAN: (see Flexible Spending Account) CANDIDATE: A person auditioning for a position in the Orchestra. CHORAL REHEARSAL: The Louisville Orchestra dress rehearsal, with the chorus present, of a single choral or opera work (the performance time of which is two (2) hours or longer) which may last up to three (3) hours with a thirty (30) minute intermission or two (2) fifteen minute (15) intermissions. CONCERT: Any orchestral performance presented by the Louisville Orchestra. CONTRACT YEAR: In 2006-2007, the period is from September 1 through May 31 of the following year. From 2007-2011, the period is from June 1 through August 31 of the following year. DAY: A calendar day. DAY ROOMS: A hotel, motel, or equivalent room accommodation provided for non-local services as required in Section 11.5.a.(1). DEMOTION: A reduction to a lower chair position and/or scale level either as a voluntary action or as a result of demotion procedures in Sections 13.5. and 13.6. DOMESTIC TOUR: A tour within the continental United States. DOUBLING: Performance on two or more instruments during a service as required by the conductor or the part (see Appendix A) DRESS REHEARSAL: The final rehearsal preceding the performance for which the rehearsal was required. For Ballet and Opera runs, the final TWO (2) rehearsals shall be considered dress rehearsals. EARLY DEPARTURE: Travel departure from Louisville or lodging (local time) that is earlier than the time provided in this Master Agreement and if agreed to by the L.O.M.C. ELECTRONIC MEDIA SESSION: Any service by the Musicians which is electronically transmitted and/or copied in audio and/or visual format. EXCUSE: A list, posted no later than the Monday preceding the week in which the stated compositions are first to be rehearsed, will state which Musicians are required to be present at the specified services and which Musicians are to be designated as stand-by Musicians. That list shall be the official notification that those not specifically listed as required are to be excused from that/those service(s).
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EXTRA WORK: (see Outside Employment) FLEXIBLE SPENDING ACCOUNT: An account (pursuant to Section 125, IRS Code) to which the Society provides a contribution for each Musician. The Musician then determines the utilization of this account for expanded coverage or additional benefits such as child and dependent care, dental care, health insurance, and/or supplemental life insurance. FOREIGN TOUR: A tour outside the continental United States. FREE DAY: A day free of services, travel or other requests by the Society and not included in Vacation Days. (see also Rest Day) GRIEVANCE: Any dispute relating to the interpretation or application of this Master Agreement or any other agreement in effect between the parties. A grievance may be initiated by a Musician, by the Union on behalf of a Musician or in its own interest, or by the Society. HOLIDAY: A day pursuant to Section 9.7. INDIVIDUAL CONTRACT: The agreement between the Musician and Society of which this Master Agreement is a part. INSTRUMENTAL FAMILY: One of the four (4) basic groups of instruments including Woodwinds, Brass, Strings and Percussion. (see also Related Section) INTERIM ADVANCEMENT: A temporary change of position to fill a temporary vacancy, which is mutually agreeable between the Musician, the Principal of the section involved, and the Music Director, and in consultation with the L.O.M.C.. INTERIM APPOINTMENT: If there is no interim advancement and no qualified Musician available from the current Auxiliary list to substitute until the permanent Musician opening is filled, a temporary appointment may be made by the Music Director in consultation with the Principal of the string section involved or the entire wind section, whichever is applicable, and the Chairperson of the L.O.M.C.. INTERMISSION: Time off in a service without announcements during which no musical or other requests are made of the Musician. LATE ARRIVAL: Travel return to Louisville or lodging (local time) that is later than the time provided in this Master Agreement. LOCAL AREA: The area within a twenty (20) mile radius of the Jefferson County (Kentucky) Courthouse. LODGING: Overnight accommodations or day rooms (see Section 11.5) L.O.M.A.: Louisville Orchestra Musicians' Association L.O.M.C.: Louisville Orchestra Musicians Committee MEALTIME: A designated time span within which the Society makes allowance for meals. A "schedule-over" occurs when these times are not provided. MUSICIAN: A contract musician employed by the Society during the length of this Agreement. NATIONAL AUDITION: An audition held for filling temporary, one-year opening/possibly permanent ora permanent opening, and potentially a one-year/possibly permanent opening.. NON-LOCAL SERVICE: A service beyond the LOCAL AREA, defined in Section 11.2. NON-TITLED POSITION: Positions other than Principal or Assistant Principal.
57

NON-PERMANENT OPENING: For temporary or one year openings, an appointment may be made by the Music Director and/or involved section. If no Music Director is in place at the time of vacancy, the decision to fill the position may be made exclusively by the involved section. OFFICIAL: A schedule designation, requiring Musician attendance, which has been agreed upon by both the Society and the L.O.M.C. OUTSIDE EMPLOYMENT: Work other than regularly contracted Louisville Orchestra services which becomes available during each contract year from an outside source, through telephone calls or other communication with the Society. (see also Extra Work) OVERTIME: The time worked by a Musician: (1) in excess of the normal service duration, or (2) beyond the time provided for a intermission or a rest stop. PARTIAL LEAVE VACANCY: The vacancy created when a Musician is on leave pursuant to Sections 12.3 and 12.4. PER DIEM: Meal allowance payment(s) as provided in Sections 11.7. PERFORMANCE: A service at which no preparatory work is done and at which the Musicians are required to perform for an audience. PERMANENT OPENING: A permanent opening occurs following the advancement, death, demotion (and final appeal), dismissal (and final appeal), resignation, or retirement of a Musician, or the addition of a position by the Society. All permanent openings must be filled immediately by an Auxiliary on the current Auxiliary list until the position is filled permanently through the audition procedure outlined in Article 15. If no qualified musician is available from the current Auxiliary list to substitute until the permanent opening is filled, an interim appointment may be made by the Music Director in consultation with the Principal of the string section involved or the entire wind section involved and the Chair of the L.O.M.C. Any Permanent Opening not filled immediately is an unfilled vacancy. REHEARSAL: Each service during which Musicians prepare for performances, concerts or electronic media sessions. REHEARSAL/PERFORMANCE: A service of two and one-half (2) hours duration of which the first portion is a rehearsal and the second portion is a performance, separated by a break of thirty (30) minutes duration. Neither portion shall exceed ninety (90) consecutive minutes in duration. (See also Split Service). RELATED SECTION: A section within the instrumental family. (see also Instrumental Family) REPLACEMENT MUSICIAN: A full-timecontract replacement chosen through a national audition to substitute for a Musician on a full-year leave. REST DAY: (see Free Day) REST STOP: Time off in non-rail ground travel during which no musical or other requests are made of the Musician. ROTATION: Services not requiring the attendance of certain Musicians which, in the string sections, shall be determined by the Rotation Administrator or, in the non-string sections, shall be agreed upon by the section involved. ROTATION ADMINISTRATOR: A string Musician elected by a simple majority of members of that section to implement and administer the rotation schedule for that section in accordance with Section 9.13.b.
58

RUN-OUT: One (1) service performed outside of the LOCAL AREA but within 150 mile radius of the Jefferson County (Kentucky) Courthouse and within the travel limits of Section 11.6.b(4) for which the Orchestra leaves from and returns to Louisville, Kentucky without lodging being provided or required to be provided by the Society and terminates upon return of the Orchestra to the original departure point. SCALE: The weekly compensation of a Musician as determined by chair position and/or individual contract. SCHEDULED STARTING TIME: The officially scheduled starting time of a performance, which shall be the same as the time presented by the Media and as printed on the tickets. SECTIONAL REHEARSAL: Any rehearsal involving a group of instruments substantially smaller than that for which the work being rehearsed is scored. SENIORITY: The compensation received to reflect the number of years of full-timecontract employment by a Musician. SERVICE: A performance, rehearsal, rehearsal/performance or electronic media session. Services begin and rehearsals end as scheduled except for overtime. A performance (or dress rehearsal with audience) ends immediately following the last curtain call when the concertmaster rises to leave the stage or pit. SERVICES WORKED: Includes (1) all services in which the Musician actually performs, and (2) those services in which the Musician was excused under the provisions of Sick Leave or Bereavement Leave. SOCIETY: The Louisville Orchestra, Inc. SPLIT ORCHESTRA: When the Louisville Orchestra is split into no more than two (2) groups under the provisions of Section 9.16. SPLIT SERVICE: A rehearsal/performance or back-to-back education performances, tabulated as two (2) services, allowed under the provisions of Section 9.1.f. STAND-BY: When a Musician who has been rotated out of designated services makes himself/herself available to return to said service(s) under the provisions of Article 20. SUMMER SEASON: Consecutive contract weeks during or between June 1 and August 31 as scheduled by the Society. TARDINESS: Appearance after five (5) minutes prior to the scheduled starting time of a service or directly prior to the downbeat of the work which requires that Musician, except when there are legitimate and unavoidable circumstances beyond the control of the Musician. Record of tardiness will be waived for the stand-by Musician if the request to appear at the service is received by that Musician one (1) hour or less before the scheduled call time. TENURE: The non-probationary permanent designation of a Musician. TITLED POSITION: A Principal or Assistant Principal position. TOUR: One (1) or more services that involve one (1) or more consecutive nights during which overnight lodging is provided or required to be provided by the Society and terminates upon return of the Orchestra to the original departure point. TRAVEL: The time in a day from the scheduled departure to destination (either service or lodging) which includes layovers but does not include:
59

(1) the time allowed for rest break(s)/stop(s) during road travel (see Section 11.6.b.(2)); and/or (2) the travel time between lodging and the service (see Section 11.6.b.(5)); and/or (3) stops for meals (see Section 11.7.g). UNION: Louisville Federation of Musicians, Local 11-637, American Federation of Musicians. VACANCY: An opening (temporary, partial or full-year) in a full-timecontract position. (see Section 5.5) VACATION: A consecutive period of not less than seven (7) days in addition to any adjacent, concurrent holiday(s) or Free Day(s). WEEK: The consecutive seven (7) day period beginning on Monday and ending on the following Sunday. WINTER SEASON: Consecutive contract weeks during or between September 1 and May 31 as scheduled by the Society.

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SIGNATORY PAGE
This agreement made and entered into as of the 23rd day of June, 2006 by and between THE LOUISVILLE ORCHESTRA, INC. (The Society) and THE LOUISVILLE FEDERATION OF MUSICIANS, LOCAL NO. 11-637, A.F.M. (The Union). Whereas the parties desire to enter into an agreement relating to wages, hours and other conditions of employment, which will provide harmonious cooperation between the Society and the Union, and to that end, accomplish fair and peaceful adjustment of all disputes which may arise. In witness thereof, the parties have hereunto subscribed to and executed this Agreement. SOCIETY: THE LOUISVILLE ORCHESTRA, INC. _____________________________________________________ Bradley L. BroeckerRobert A. Birman, Chief Executive Officer UNION: AMERICAN FEDERATION OF MUSICIANS _____________________________________________________ Joe Spain, President A.F.M. Local 11-637 L.O.M.C.: LOUISVILLE ORCHESTRA MUSICIANS COMMITTEE _____________________________________________________ Daryl JohnsonKimberly Tichenor, Chair _____________________________________________________ Dennis HallmanClara Markham _____________________________________________________ Trevor Johnson, I.C.S.O.M. Representative _____________________________________________________ Karl OlsenBert Witzel _____________________________________________________ Kimberly TichenorJudy Wilson _____________________________________________________ Bert WitzelJonathan Mueller

61

Louisville Orchestra, Inc. Contract Term Template

Saturday, October 01, 2011

ANY CONTRACT WILL BE CONDITIONAL ON THE LOUISVILLE ORCHESTRA, INC. BEING REMOVED FROM THE AFM UNFAIR LIST. Stub Year: Stub Year shall commence on ratification date and expire on May 31, 2012 Stub year allows pre-planned concert programming to be presented for remainder of FY12 under the following terms: o Maximum of 50 Contract Musicians for duration of Stub Year o 15 weeks of employment from November 28, 2011 to April 28, 2012 o Terms to be agreed in writing via official side letter with AFM and Louisville Orchestra, Inc. o 403(b) benefits shall commence on ratification date and continue for duration of agreement Year One (FY13): Year One shall commence on June 1, 2012 and expire on May 31, 2013 Year One programming will be presented with 50 Contract Musicians for duration of Year One Year One shall include 30 weeks of employment for Contract Musicians, including Summer Classics programming Year Two (FY14): Year Two shall commence on June 1, 2013 and expire on May 31, 2014 Year Two programming will be presented with 51 Contract Musicians for duration of Year Two. Additional position added in Year Two shall be Principal Oboe. Year Two shall include 30 weeks of employment for Contract Musicians, including Summer Classics programming Year Two will also include, if TRIGGERED by ratification of a contract between Louisville Ballet and Louisville Orchestra, an addition of up to three (3) weeks of employment for contract musicians for Nutcracker services pending available funding from the Louisville Ballet Year Three (FY15): Year Three shall commence on June 1, 2014 and expire on May 31, 2015 Year Three programming will be presented with 52 Contract Musicians for duration of Year Three. Additional position added in Year Three shall be Second Bassoon. Year Three shall include 30 weeks of employment for Contract Musicians, including Summer Classics programming. In the event that Ballet services (above) are reinstated and sustained by agreement with Ballet and Orchestra, base weeks for Year Three will remain at 33 weeks.

Year Three will also include, if TRIGGERED by ratification of a contract between Louisville Ballet and Louisville Orchestra, an addition of up to one (1) week of employment for contract musicians for a fall or spring ballet production pending available funding from the Louisville Ballet. If this additional production is scheduled, maximum weeks of employment in Year Three will be 34. Year Three will also include a wage increase for Contract musicians as per the following terms: o IF the Louisville Orchestra Foundation provides an endowment draw at any time during the period of Year Three, Contract musicians shall be entitled to a maximum of a 1% pay raise so long as the Louisville Orchestra, Inc. receives no less than $200,000.

Year Four (FY16): Year Four shall commence on June 1, 2015 and expire on May 31, 2016 Year Four programming will be presented with 53 Contract Musicians for duration of Year Four. Additional position added in Year Four shall be Second Clarinet. Year Four shall include 30 weeks of employment for Contract Musicians, including Summer Classics programming. In the event that Ballet services (above) are sustained by agreement with Ballet and Orchestra, base weeks for Year Four will be 34. Year Four will include a wage increase for Contract musicians as per the following terms: o IF the Louisville Orchestra Foundation provides an endowment draw at any time during the period of Year Four, Contract musicians shall be entitled to a 1% pay raise so long as the Louisville Orchestra, Inc. receives no less than $200,000. o Year Four will also include an additional 0.5% pay raise for Contract musicians IF the Louisville Orchestra Foundation provides an endowment draw of no less than $264,000.

Year Five (FY17): Year Five shall commence on June 1, 2016 and expire on May 31, 2017 Year Five programming will be presented with 54 Contract Musicians for the duration of Year Five. Additional position added in Year Five shall be Tuba. Year Five shall include 30 weeks of employment for Contract Musicians, including Summer Classics programming. In the event that Ballet services (above) are sustained by agreement with Ballet and Orchestra, base weeks for Year Five will be 34. Year Five will also include, if TRIGGERED by ratification of a contract between Louisville Ballet and Louisville Orchestra, an addition of up to one (1) week of employment for contract musicians for a fall or spring ballet production pending available funding from the Louisville Ballet. Year Five will include a wage increase for Contract musicians as per the following terms:

o IF the Louisville Orchestra Foundation provides an endowment draw at any time during the period of Year Five, Contract musicians shall be entitled to a 1% pay raise so long as the Louisville Orchestra, Inc. receives no less than $200,000. o Year Five will also include an additional 0.5% pay raise for Contract musicians IF the Louisville Orchestra Foundation provides an endowment draw of no less than $264,000. o Year Four will also include an additional 0.5% pay raise for Contract musicians IF the Louisville Orchestra Foundation provides an endowment draw of no less than $400,000.

PROPOSED 2011 - 2014 MASTER AGREEMENT

between

The Louisville Orchestra, Inc.

and

American Federation of Musicians of the United States and Canada

ARTICLE 1. CONDITIONS OF AGREEMENT

1.1 1.2 The Purpose of this Master Agreement is to set the wages, hours, and working conditions for Orchestral Musicians represented by the Union who are to be engaged by the Society. The Term of Master Agreement shall be in full force and effect from June 1, 2011 to and Including May 31, 2014. Each of the following periods shall be hereafter referred to as a Contract Year: First Contract Year (up to 30 weeks): June 1, 2011 to and including May 31, 2012 Second Contract Year (up to 30 weeks): June 1, 2012 to and including May 31, 2013 Third Contract Year (up to 30 weeks): June 1, 2013 to and including May 31, 2014 Negotiations for the contract year(s) following the expiration of this Agreement shall occur no later than January 1, 2014. 1.3 Salary. Notwithstanding the above or anything else in this Agreement, increases in salary, seniority increment, extra service and overtime pay, and all other forms of monetary compensation under this Agreement shall take effect on the beginning of each contract year. Contract Weeks A. For each of the contract years, the Society may designate a Winter Season and/or a four (4) week Summer Season. The weeks within the Winter Season may be noncontiguous

1.4

1.5

Change of Master Agreement. (including modification, deletion, or amendment) to the Master Agreement during the term of this Agreement will require approval by: 1. a majority vote of the Musicians, and 2. the Union, and 3. the Society.

1.6

Designation and Protection of The Louisville Orchestra A. The designation Louisville Orchestra, Members of the Louisville Orchestra, L.O. or any similar designation shall not be used by any Musician or Musicians unless in connection with an event under the auspices of the Society, and with permission in writing. Any orchestra performance in which the name Louisville Orchestra is used shall be considered a service under the terms of this Agreement, whether such performance is sponsored by the Society or is sold to another. It is understood that the primary purpose of the Louisville Orchestra is to present concerts that are
1

B.

substantially of a symphonic nature, including, but not limited to, opera, ballet, and choral works which are primarily orchestrated for standard symphonic instruments. The Society shall not permit services of Orchestra members to be used in ways which would lessen or compromise the dignity of the Louisville Orchestra. C. Restrictive Covenant. During the term of this Master Agreement (as described in paragraph 1.2), no Musician shall, on such Musicians own behalf or for any other person or entity, except for and on behalf of the Society or the Association of the Louisville Orchestra, (a) participate in the production or presentation, whether as a musician, sponsor or otherwise, of orchestral performances by Keep Louisville Symphonic (KLS) or any successor of KLS or entity related to KLS or similarly competitive or alternative orchestra, whether such orchestral performances are free or paid admission events; or (b) solicit or accept contributions, charitable or otherwise, related to, directly or indirectly, the Societys purposes and missions of presenting orchestral music; or (c) otherwise perform any services for KLS or any successor of KLS or entity related to KLS or similarly competitive or alternative orchestra, any clients or former clients of the Society, of the type performed by the Society, without express, prior written authorization to do so by the Chief Executive Officer of the Louisville Orchestra. For the purposes of this paragraph, the term orchestral performances does not include chamber music services. Any Musician determined by the Society to have breached this provision shall be subject to immediate termination of employment at the Societys sole discretion.

1.7

Force Majeure (Act of God). Neither the Society nor the Union (including Musicians) will be held liable for unexpected and unpreventable disruptive events beyond the control and foresight of the parties; however, the failure of a subcontracted entity to fulfill its contracted responsibility to the Society shall not constitute a force majeure, unless the failure is due to an independent force majeure such as inclement weather.

ARTICLE 2. RECOGNITION AND UNION SECURITY

2.1 Recognition. The Society recognizes the Union as the sole and exclusive collective bargaining agent and the Louisville Orchestra Musicians Committee (L.O.M.C.) as the designated representative of the Union for all Musicians employed by the Society. Union Security. All Musicians covered by this Agreement shall, as a condition of employment, be or become members of the Union (Local 11-637) no later than the thirtieth (30th) calendar day following the beginning of employment or the effective date of this Agreement, whichever is later; provided, however, that those Musicians who are members of the Union as of the date of signing of this Agreement shall remain so as a condition of employment. Union Steward. The Union will retain a Union Steward (Union Representative) designated by the L.O.M.C. The Union Steward shall be a member of Louisville Orchestra Musicians Association (L.O.M.A.) in good standing. The Union Steward (or designee) shall have the authority to represent the Union in dealing with the Society concerning all matters relating to the administration of and operation under this Agreement. The Union Steward (or designee) shall have the authority to halt a service, when in the opinion of the Union Steward, severe departures from this Agreement, working conditions or disruptive conflicts warrant such action. A resolution will be sought and, if possible, the service shall resume. Dues A. Upon receipt of a written authorization from a Musician, the Society will deduct from
2

2.2

2.3

2.4

that Musicians pay the following dues and payments required under Section 2.2: Union membership dues (and assessments, when applicable), Work dues, I.C.S.O.M. dues, Strike Fund payments (when applicable), and L.O.M.A. annual dues.

The Society shall begin deducting these dues and payments only after receipt of the Musicians written authorization and shall make these deductions (Union membership dues, work dues, I.C.S.O.M. dues, strike fund payments and L.O.M.A. annual dues) during each payroll period. The aggregate sums collected through these deductions, as well as an itemized deduction schedule, shall be transmitted no later than three (3) business days after collection to the authorized representatives. B. The Union shall submit to the Society a schedule of percentages of applicable earnings to be deducted from the pay of each Musician who has submitted a written authorization in accordance with the preceding paragraph, and the Society shall not be obligated to deduct any money from that Musicians pay until such statement from the Union is received. Only a written request from the Musician to retract the authorization shall nullify the original request to withhold dues.

ARTICLE 3. NO DISCRIMINATION
3.1 Equal Opportunity. There shall be no discrimination by the Society on the basis of race, age, color, creed, gender, disability, national origin, religion, or sexual orientation against any Musician employed by or seeking employment by the Society. Neither the Union nor the L.O.M.C. shall likewise discriminate. Union/Committee Activity. There shall be no discrimination or reprisal by the Society against any Musician for any Union or Committee activity. Segregated Audience. The Society shall not allow the Orchestra to perform before a segregated audience based on any of the above prejudices.

3.2 3.3

ARTICLE 4. STRIKES AND LOCKOUTS

4.1 No Strike. The Union agrees that it will not engage in, authorize, support or condone any strikes, walkouts, or other interruptions of the orderly performance of services during the term of this Agreement. In the event that any employee(s) covered by this Agreement shall engage in any of the above activities, the Union will remind such employee(s) that such activity is in violation of the No Strike agreement. Picket Lines A. It shall not be a violation of any provisions of this Article if a Musician refuses to cross a picket line:

4.2

1. established by or in support of the American Federation of Musicians or its affiliated area local, or 2. under circumstances involving either lawful or unlawful picket lines which present a reasonable apprehension for the safety of the person or property of the Musician. B. A Musician or Auxiliary shall be required to cross: 1. a picket line at the Kentucky Center for the Arts, 2. an informational picket, and/or 3. an illegal picket line. 4.3 No Lockout. The Society agrees that there shall be no lockout during the term of this Agreement.

ARTICLE 5. EMPLOYMENT OF MUSICIANS

5.1 Minimum Number of Musicians A. For the term of this agreement, the Society shall employ the following Musicians, exclusive of conductors and soloists, each with an individual contract designating a chair position: Contract A Musicians shall be guaranteed thirty (30) weeks of employment per season and shall consist of the following positions: eight (8) first violins, six (6) second violins, four (4) violas, four (4) cellos, two (2) basses, two (2) flutes, two (2) oboes, two (2) clarinets, two (2) bassoons, four (4) French horns, two (2) trumpets, one (1) timpani, and one (1) percussion. Contract B Musicians shall be guaranteed twenty (20) weeks of employment per season and shall consist of the following positions: two (2) first violins, two (2) second violins, two (2) violas, two (2) cellos, two (2) basses, one (1) flute, one (1) oboe/English Horn, one (1) clarinet/bass clarinet, one (1) bassoon/contrabassoon, one (1) trumpet, two (2) trombones, and one (1) tuba. Contract C Musicians shall be guaranteed ten (10) weeks of employment and shall consist of the following positions: two (2) first violins, three (3) second violins, two (2) violas, one (1) cello, two (2) basses, one (1) French Horn, one (1) trombone/bass trombone, and one (1) harp. The Society retains the right to offer employment to Contract A, B, or C Musicians beyond the guaranteed weeks above on a per service basis. Contract Musicians shall have first right of refusal for any orchestral work outside of the guaranteed weeks above but have no obligation to accept employment by Society outside of the guaranteed weeks cited. Society may hire Auxiliaries as needed to fill open spots. Per Service scale shall be 1/8th of the then-current weekly scale. B. When future positions are vacated, the Music Director, the L.O.M.C., and the Society shall assess the Orchestras current instrumentation utilization needs and, when warranted, will agree to leave a position vacant in exchange for creating a new contract Musician opening.
4

5.2

Instrumentation A. Instrumentation shall consist of the positions outlined in Section 5.1 with the following exceptions: 1. Traditional instrumentation (Daniels Orchestral Music used as reference), 2. Limited performance area, or 3. As outlined in Section 12.3.a. B. Any work programmed shall be staffed as scored with the following exceptions: 1. on Classics programs: a. when listed as an option in Daniels Orchestral Music, or b. by mutual agreement between the Music Director and the Artistic Advisory Subcommittee. 2. on non-Classics programs: a. when listed as an option in Daniels Orchestral Music, or b. by mutual agreement between the presiding conductor and the Artistic Advisory Subcommittee. C. To maintain complete instrumentation, a temporarily vacant orchestra position shall be filled by an Auxiliary whenever a Musician will be absent for more than half (0.5) of the rehearsals and/or any of the related performances.

5.3

Individual Contracts A. Musicians individual contracts incorporate this Agreement by reference. A Musician may negotiate conditions and/or salary with the Society in addition to, but not less than or inconsistent with, the provisions of this Agreement. Individual contracts shall be issued or mailed no later than April 1 of each contract year to be signed or mailed by the Musician no later than May 15 of each contract year. The position of each Musician shall be designated (where applicable) by section and chair and/or title, weekly salary plus seniority pay and tenure designation. A written individual contract shall immediately be offered to the winning candidate of any audition, who must sign this contract within ten (10) days of the offer (see Section 15.3.e.). If the winner rejects the contract or the ten (10) day limit expires, then this contract shall be offered to the next candidate in order of ranking, if the audition committee ranked qualified candidates. (see Section 15.1.d.(2)(d)(ii))

B.

C.

5.4

Tenure A. A musicians first two (2) years of employment shall be considered probationary.

First performance appraisal. After six (6) months, but no later than twelve (12) months, from the date of the Musicians first service with the Orchestra, the Music Director shall meet with the Musician along with the section principal (or, if a principal position, with principals from related sections), and the Union Steward to review the progress of the Musician toward tenure. If the Music Director is out of town at this time, he/she may participate via telephone or electronic mail. Problems, if any, will be noted at that time with such specificity as to provide the Musician an opportunity to correct them. Second performance appraisal. After eighteen (18) months, but no later than twenty-four (24), months from the date of the Musicians first service with the Orchestra, the Music Director shall meet with the Musician, along with the section principal (or, if a principal position, with principals from related sections), and the Union Steward. Notwithstanding the above, if problems are noted in the first Performance Appraisal that could affect the decision on tenure, then the second Performance Appraisal shall be not more than twelve (12) months after the first. At this time, the Music Director, in consultation with the section principal(s) present, shall either grant tenure or release the Musician from employment effective at the earlier of (a) one (1) month from the date of this meeting or (b) the end of the Musicians current contract. If the Music Director is out of town at this time, he/she may participate via telephone or electronic mail. A representative of the Society may attend either or both of these Performance Appraisal meetings. (see Section 13.4.b.) B. All Musicians who had tenure before September 1, 2001 shall retain tenure, except those Musicians who have retired, resigned, died, or have been dismissed. A Musician advancing by audition within a section to a non-titled chair shall transfer his/her tenure to the new position, retaining full seniority from the date of the beginning of contract employment by the Society. A Musician advancing by audition to a titled position shall retain tenure and seniority in his/her previous position and after one (1) calendar year, shall receive tenure in the new position, if still occupying it.

5.5

Vacancies A. B. C. D. Temporarily vacant orchestra position (see Section 5.2.c.) Partial Leave Vacancy (see Section 15.4.a and 15.4.b.) Full-Year Leave Vacancy (see Section 15 Temporary permanent vacancy, until a winner at a national audition is chosen shall be filled through: 1. Interim Advancement (see Section 15.4.a), or 2. Appointment (see Section 15.4.b).

ARTICLE 6. COMMITTEES
6.1 6.2 Term. Committee members, other than the L.O.M.C., the Audition Committee(s), and the Review Committee, are elected and/or appointed for a term of one (1) contract year. Standing Committees. The Louisville Orchestra Musicians Committee (L.O.M.C.) shall consist of five (5) Musicians elected by the Orchestra, the I.C.S.O.M. representative and the Union Steward. Its purpose is to perform such functions as assigned in the Master Agreement and act as the representative of the Musicians employed by the Society and the Union. Scheduled meetings occur at the request of the Chairperson. Joint Committees. A. Advisory Search Committees When the Orchestra is without a Music Director, the L.O.M.C. and the Society shall form an Interim Artistic Advisor Search Committee to make an advisory recommendation to the Board and/or C.E.O. on the selection of an Interim Artistic Advisor. The administrative powers given to the Artistic Advisor shall be mutually agreed upon in writing by the Management and L.O.M.C. A search committee established for the purpose of advising the selection of a Music Director shall be comprised of individuals selected by the Society and the same number of individuals plus one (1), appointed by the L.O.M.C. A search committee established for the purpose of advising the selection of an Assistant and/or Associate Conductor, and/or any other staff conducting position, shall be comprised of individuals selected by the Society and the same number of individuals plus one (1), appointed by the L.O.M.C. B. C. D. 6.4 Education Committee. Musicians, appointed by the L.O.M.C., may serve on a joint Education Committee. Electronic Media Evaluation Committee (see Section 14.7.) Review Committee (see Section 13.3)

6.3

Subcommittees A. An Artistic Advisory Subcommittee shall consist of five (5) Musicians appointed by the L.O.M.C. and one (1) member of the L.O.M.C. Its purpose is to review and discuss artistic concerns, concepts and repertoire with the Music Director. Scheduled meetings are at the request of the Chairperson or the Music Director. A Scheduling Subcommittee shall consist of two (2) Musicians appointed by the L.O.M.C. Its purpose is to verify schedules submitted to the L.O.M.C. by the Society for all calls. A Tour Subcommittee shall consist of two (2) Musicians appointed by the L.O.M.C. Its purpose is to formulate with the Society all arrangements prior to, and changes during, non-local calls. Scheduled meetings are at the request of the Chairperson. If no Musician from the Tour Subcommittee is traveling on provided conveyance, the L.O.M.C. Chairperson will appoint a Musician so traveling to act for the Tour Subcommittee Chairperson.
7

B.

C.

6.5

Board Committees. The committees below shall be referred to as Board Committees. Musicians may participate on these committees. Meetings shall be scheduled in coordination with the official Louisville Orchestra schedule. A. Finance Committee. Two (2) Musicians, appointed by the L.O.M.C., may serve on the Finance Committee. All financial information regarding the Louisville Orchestra, Inc. shall be provided to the Musician representatives serving on the Finance Committee. Development Committee. Two (2) Musicians, appointed by the L.O.M.C., may serve on the Development Committee.

B. 6.6

Musician Representation on the Louisville Orchestra Board of Directors. The Chairperson of the L.O.M.C. shall serve as an ex-officio member of the Board of Directors of the Louisville Orchestra.

ARTICLE 7. WAGES AND COMPENSATIONS

7. 1 Wage Scales A. YEAR ONE Scale Base One on a Part Assistant Principal Principal YEAR TWO Scale Base One on a Part Assistant Principal Principal YEAR THREE Scale Base One on a Part Assistant Principal Principal Weekly Salary 925.00 938.31 991.41 1,097.70

B.

Weekly Salary 925.00 938.31 991.41 1,097.70

C.

Weekly Salary 925.00 938.31 991.41 1,097.70

7.2

Seniority Pay A. B. C. D. Upon completion of nine (9) years of service to the Orchestra, seniority pay of no less than $5.50 per week shall be paid in addition to the Musicians weekly scale. Upon completion of fourteen (14) years of service to the Orchestra, seniority pay of no less than $8.50 per week shall be paid in addition to the Musicians weekly scale. Upon completion of nineteen (19) years of service to the Orchestra, seniority pay of no less than $10.50 per week shall be paid in addition to the Musicians weekly scale. Upon completion of twenty-four (24) years of service to the Orchestra, seniority pay of no
8

less than $12.50 per week shall be paid in addition to the Musicians weekly scale. E. 7.3 7.4 Upon completion of thirty-four (34) years of service to the Orchestra, seniority pay of no less than $15.50 per week shall be paid in addition to the Musicians weekly scale.

Overtime (see Section 9.2.j) Doubling (see Appendix A) Any Musician or Auxiliary required to double on instruments listed in APPENDIX A shall receive an additional $22.00 per service (no additional fee for tripling). Rate shall remain flat at $22.00 per service; however, the following policies remain in effect in APPENDIX A: Piano and celeste shall count as one grouping and shall not constitute doubling, and

7.5

Outside Employment/Educational Ensembles A. B. Outside Employment (see Section 17) Educational Ensembles (see Section 18.3)

7.6

Move-up Compensation A. B. C. Strings (see Section 20.6.d) Winds (see Section 20.8) Brass (see Section 20.10)

7.7 7.8

Personal Service Reimbursement Rate (see Section 12.2.c) Payroll A.1 Paycheck Availability. The Society shall provide Direct Deposit of paychecks for all Musicians who elect it. For those who do not choose this option, paychecks shall be available at the Society office on the fifteenth (15th) and last day of each month (unless either or both of these days are a Holiday or fall on the weekend) until 4:00 P.M. at which time the remaining checks will be sent by regular mail. Should either or both the fifteenth (15th) and last day of each month be a Holiday or fall on the weekend, then the paychecks shall be available on the preceding business day. Inclusion in Paycheck. All wages, penalties and any other monetary compensation (other than provided for in Section 7.8.c) shall be included in the payroll immediately following the occurrence, unless otherwise provided for in this Agreement. Per diem, Mealtime Schedule-over, Additional Per Diem Allowance and/or Shared Room Reimbursement shall be included in the payroll immediately preceding the occurrence, unless otherwise provided for in this Agreement. The Society shall make voluntary payroll deductions for Payroll Savings Plan, Annuity, Flexible Spending Plan, any dues deduction provided in Section 2.4 and charitable contributions.

A.2 B.1

B.2

C.

ARTICLE 8. BENEFITS
8.1A Health Insurance for Contract A Musicians A. Health insurance shall be provided by the Society for Contract A employees. The Society shall pay eighty percent (80%) of the premium cost for the current individual coverage (to be referred to as the Current Plan) for Musicians. The Society shall also provide a second health-care option and shall pay one hundred percent (100%) of the premium for this individual coverage. The Society shall have the right to change the parameters of the second healthcare option to ensure the premium cost to the Society does not exceed eighty percent (80%) of the Current Plans premium cost. Musicians shall be responsible for the cost of additional family coverage for either plan. A change of carrier or benefits shall require notification by the Society to the Musicians. Such changes as below shall require renegotiation between the L.O.M.C. and the Society: 1. The proposed medical coverage is not substantially equivalent to, or better than, the current coverage, or 2. Health insurance rates increase more than fifteen percent (15%) from the previous insurance anniversary. C. D. By November 15 of each season, health insurance shall be reviewed by the L.O.M.C. and the Society. Insurance benefits for Contract A Musicians on leave shall remain in effect unless otherwise specified by the Musician on leave. A Contract A Musician on Professional Musical Development Leave shall not be eligible to remain on the Societys health insurance plan if the leave is to perform with a professional orchestra that has a comparable or better health insurance plan and the Musician is eligible and qualifies for that plan. (see Section 12.4.d) For a dismissed Contract A Musician, all insurance benefits may be discontinued by the Society at the end of the current contract year or earlier if the Musician enrolls in another insurance program. (see Section 13.8) Flexible Spending Account Program. The Society shall continue to maintain a Flexible Spending Account program for each Contract A Musician. The account shall be applicable to extended coverage, beyond the level provided by the Society, for: 1. child and dependent care, 2. dental care, 3. supplemental life insurance, and/or 4. supplemental medical insurance. F.2 Funding for the account shall be provided by: 1. an amount provided and coverage designated by the Contract A Musician, and
10

B.

E.

F.1

2. an additional amount provided by the Society of not less than one hundred dollars ($100.00) in each contract year. The Members benefit designation and contribution level to the Contract A Musicians flexible spending account must be determined prior to December 15 of any contract year. 8.1B Health Insurance for Contract B Musicians A. Health insurance shall be provided by the Society for Contract B employees as follows. The Society shall provide a $250.00 monthly allowance to Contract B Musicians for the purpose of supporting their individual health care needs. This benefit will be provided for twelve (12) months per year, provided that the Contract B Musician remains employed by Society. The monthly allowance will not apply when Contract B Musicians are on leave or are unable to fulfill their employment obligations. For a dismissed Contract B Musician, all insurance benefits may be discontinued by the Society.

B. 8.1C

Health Insurance for Contract C Musicians A. Health insurance shall be provided by the Society for Contract C employees as follows. The Society shall provide a $150.00 monthly allowance to Contract C Musicians for the purpose of supporting their individual health care needs. This benefit will be provided for twelve (12) months per year, provided that the Contract C Musician remains employed by Society. The monthly allowance will not apply when Contract C Musicians are on leave or are unable to fulfill their employment obligations. For a dismissed Contract C Musician, all insurance benefits may be discontinued by the Society. Other Insurance Coverage 1. Group Life Insurance coverage shall be $25,000.00 for each Contract Musician. 2. Life Insurance coverage shall be $5,000.00 for each retired Musician who retired with twenty (20) consecutive years of service. 3. Accidental Death and Dismemberment coverage shall be $25,000.00 for each Contract Musician. 4. Travel and Accident Insurance coverage while on Tour or Run-out shall be $25,000.00 for each Contract Musician and Auxiliary, in addition to the Group Life Benefit listed above. 5. Instrument Insurance a. Coverage The Society shall provide full risk insurance coverage for instruments owned by each Contract Musician and performed with some regularity in concerts of the Orchestra. Coverage may be limited to a total of: i. $150,000.00 per string Musician, and

B. C.

11

ii.

$60,000.00 per non-string Musician.

There may be an applicable deductible per instrument at Musicianss obligation. Values in excess of the above may be negotiated with the Society. b. Registration Each Contract Musician will register his/her instrument(s) with the Society as listed below: i. ii. No later than thirty (30) days after receiving the Societys instrument insurance list from the previous contract year; For any Musician joining the orchestra during the contract year, no later than thirty (30) days after receiving the Societys notification of inclusion; At other times with the applicable registration fee paid by the Musician;

iii.

iv. For other instruments not covered under Section 8.1.g.(5)(a), at the Musicians expense. c. Liability The Society shall not be responsible or liable in any dollar amount that is refused payment by the insurance underwriter unless the instrument was in the care of the Society. 8.2 Pension A. During each contract year, the Society shall contribute five and one-half percent (5.5%) of the total minimum weekly compensation pertaining to each year, on a monthly basis, to the American Federation of Musicians' and Employers' Pension Fund on behalf of each Contract Musician. Pension Concert The Society may schedule one (1) pension concert each contract year to generate revenue for the Musicians' pension. Each Musician (except those on leave) shall donate one (1) rehearsal and one (1) concert for the pension concert. Such services shall be consistent with the scheduling and working conditions of the Master Agreement except that the maximum number of services in a week including Pension services shall not exceed ten (10). The proceeds, less expenses, from this concert shall be used by the Society to help fund the payments required under Section 8.2.a. C. Tax Deferred 403(b) Plan The Society shall continue administration of the tax deferred 403(b) program to which a Musician is the sole contributor. D. Any changes to this section require the approval of the L.O.M.C. and the Society.

B.

12

8.3

Tickets Upon request and availability, the Society shall provide each current and retired Musician with one pair of complimentary Coffee Classics, Classics, NightLites, and OrKIDStra Series season tickets or ticket vouchers. For other Society-sponsored events, tickets will be distributed as availability permits at least seven (7) days in advance of performances.

8.4

Workers Compensation The Society shall provide workers compensation insurance which provides weekly and permanent disability benefits as provided by the Kentucky Workers Compensation Act KRS 342.

ARTICLE 9. WORKING CONDITIONS

9.1 Service Length Limitations; Intermission A1. Except as provided in Sections 9.1.b, 9.1.c.(2) and 9.3, services shall be defined as a concert or rehearsal, neither of which shall exceed two and one-half (2.5) hours in duration including a fifteen (15) minute intermission. A service without intermission may be permitted, provided that it does not exceed ninety (90) minutes in duration, and which no overtime shall be added.

A2. A total of three (3) three-hour rehearsal services shall be allowed, without overtime, on five (5) instances per contract year at Music Directors discretion. A3. An all-inclusive 100-minute rehearsal or performance service without intermission/break shall be allowed on five (5) instances per contract year at Music Directors discretion. B.1 Services of Louisville Ballet or a single major orchestral choral work may be up to three (3) hours in duration, including a thirty (30) minute intermission or two (2) fifteen (15) minute intermissions, without overtime payment to the Musicians. Each Kentucky Opera (which may consist of two (2) shorter operas traditionally coupled) performance week is allowed a total of twenty (20) hours of services. a. Overtime shall not be paid for any individual Opera service during an Opera performance week until the total weekly service count exceeds twenty (20) hours. b. No single Opera rehearsal shall exceed three and one-half (3.5) hours and no double rehearsal day shall exceed five and one-half (5.5) hours. Opera rehearsals that exceed three (3) hours in length require an additional five (5) minutes of break per each additional half-hour (0.5) to be added to existing break. c. Opera performances that exceed three (3) hours in length require an additional five (5) minutes of intermission per each additional half-hour (0.5) to be added to existing intermission. C. No rehearsal shall begin earlier than 9:00AM. or be scheduled to end later than 4:00PM., except for a Saturday final dress rehearsal (which may end at 4:30pm.), rehearsals that begin at 7:30 P.M. according to Section 10.1.c.(2), and Monday provisions according to Section 9.5.a.(3).
13

B.2

1. There shall be no rehearsal services between 4:30pm and 7:30 P.M. However, exceptions may be made for rehearsals of Kentucky Opera and Louisville Ballet to begin at 7:00 P.M. (For Monday exceptions, see Section 9.5.a.(3)) 2. Evening Rehearsals Other Than Monday. Evening rehearsals are permitted only for Kentucky Opera and Louisville Ballet with performers present or for a single major orchestra choral work with the chorus present. These evening rehearsals shall follow the provisions set forth in Section 9.1.b.(1) and Section 9.1.b.(2)(b). 3. There shall be no rehearsal service after 4:00PM. on Friday or 4:30PM. on Saturday. On three (3) Fridays per contract year, the Kentucky Opera may have wandelprobe rehearsals between 12:30 and 3:30 P.M. 4. Meal times shall follow those times set forth in Section 11.7.f. No rehearsal shall include any period in excess of ninety (90) minutes without an intermission, except for on five (5) occasions per contract year when pre-scheduled 100minute services are allowed without intermission/break per section 9.1.a.3. Intermissions shall be of no less than fifteen (15) minutes in duration. E. No day shall contain more than five and a half (5.5) total hours of service, including intermissions, except Kentucky Opera double rehearsal days. (see Section 9.1.b.(2)(b)) Split Services of either a rehearsal/performance (see Definition) or back-to-back childrens education performances shall be allowed if they are: 1. at the same location; and 2. are of two and one-half (2.5) hours in duration or less; and 3. include a thirty (30) minute intermission. 4. Back-to-back childrens education performances for: a. Grades K - 3: no more than two (2) thirty (30) minute concerts, or b. Grades 4 - 12: no more than two (2) fifty (50) minute concerts, and c. include a thirty (30) minute intermission. G. There shall be no more than two (2) services in any one day and no more than one (1) service on the day of a run-out, except one (1) time per year, the Society may schedule one (1) rehearsal on the day of a run-out. The scheduled starting time of any performance shall be the same as the time presented by the Media and as printed on the tickets. All services shall conclude by 11:00 P.M. The final or only rehearsal for a performance shall occur no more than five (5) days prior to the first performance. The Musicians agree to donate one (1) concert and one (1) rehearsal to benefit the
14

D.

F.

H. I. J. K.

Pension Fund during each contract year. 9.2 Overtime A. Any time by which a non-single major orchestral choral work performance of the Louisville Orchestra exceeds two and one-half (2.5) hours in duration shall be considered overtime. Any time by which a performance of the Louisville Ballet or a single major orchestral work of the Louisville Orchestra exceeds three (3) hours in duration (see Section 10.1.b.(1)) shall be considered overtime. Overtime shall not be paid for any individual Opera service during an Opera performance week until the total weekly service count exceeds twenty (20) hours. Any time by which a rehearsal exceeds two and one-half (2.5) hours in duration (except for those provided in Section 9.1.b.(1) and Section 9.1.b.(2)(b)) shall be considered overtime. Any time by which a rehearsal exceeds ninety (90) minutes in duration without an intermission shall be considered overtime with exception provided for Section 9.1.a.3. Any time by which an evening rehearsal of Kentucky Opera with performers present or Louisville Ballet with performers present or Louisville Orchestra single major orchestral choral work with the chorus present exceeds the guidelines of duration as set forth in Section 9.1.a., Section 9.1.b. or Section 9.1.c. shall be considered overtime. Any time by which a second rehearsal exceeds two and a half (2.5) hours in duration on double service days (exceptions set forth in Section 9.1.b., Section 9.1.c.(2) and Section 9.3.c.) shall be considered overtime. Any time that exceeds the daily maximum limit of five and a half (5.5) total hours (including intermissions), except Kentucky Opera services during performance week (unless the total service count exceeds twenty (20) hours), shall be considered overtime. Notification of scheduled overtime shall be provided no later than 4:00 P.M. the day prior to the scheduled overtime. No overtime shall be scheduled on a double rehearsal day unless the second rehearsal is the final rehearsal (and only if the music rehearsed is for the following concert or an electronic media recording). Cancellation of scheduled overtime shall be no later than 4:00 P.M. the day prior to the scheduled overtime. The Society shall have the ability to cancel two (2) occurrences of scheduled overtime during the course of the contract without penalty. After the second occurrence, failure to cancel by 4:00 P.M. the day prior shall result in payment of overtime to the Musicians. Compensation 1. Scheduled and Unscheduled rehearsal overtime will be compensated at the rate of two and one-fourth percent (2.25%) of the applicable weekly salary per fifteen minute increment or fraction thereof. 2. Performance overtime will be compensated at the rate of three-fourths percent
15

B.1

B.2 C.

D.

E.

F.

G. H.

I.

J.

(0.75%) of the applicable weekly salary per five (5) minute increment or fraction thereof. 9.3 Double Service Days/Double Rehearsal Days A. Provided the maximum service count for the week is not exceeded, there shall be no limitation on the amount of double service days each week (see Section 9.1.e and g). There shall be no more than two (2) consecutive double service days in a week. Double rehearsal days may consist of either a two and one-half (2.5) hour rehearsal followed by a two (2) hour rehearsal or a two (2) hour rehearsal followed by a two and one-half (2.5) rehearsal. Rehearsals longer than two and one-half (2.5) hours shall be allowed only if they follow the guidelines set forth in Section 9.1.b., Section 9.1.c.(2) and Section 9.3.c. The maximum duration of any rehearsal following a concert of more than one (1) hour shall be two (2) hours or less. (see Section 9.6.a) There shall be no double rehearsals on Saturday. When there are two (2) services, neither of which is an evening service, in a day and the second service is a rehearsal, the interval between the conclusion of the first service and the beginning of the next shall be one and one-half (1.5) hours. The beginning of a performance or an electronic media service shall take place no earlier than three (3) hours following the scheduled conclusion of the previous service, with the below Louisville Ballet exception: The beginning of performances of the Louisville Ballet may be six (6) or more hours after the beginning of the previous service. 9.4 Maximum Services in a Week A. The term week means the consecutive seven (7) day period beginning on Monday and ending the following Sunday. In each such seven (7) day period there shall be one (1) free day, which shall be a day free of services, travel or other by the Society and not included in the Vacation Days. In any case, there shall be no more than seven (7) consecutive days without a free day. There shall be a maximum of eight (8) services in one (1) week, except that the Society may schedule no more than nine (9) services during each of eight (8) weeks during any year; a maximum of one (1) nine (9) service week may take place during the summer season. Electronic media services shall be considered part of the service count for purposes of computing the number of services in a week. A nine (9) service week is allowed if: 1. it is offset by a week of not more than seven (7) services somewhere in the season; and

B. C.

D. E. F.1

F.2

B.1

B.2 C.

16

2. the week has no more than four (4) hours of travel; and 3. two (2) services (of the nine (9) services) are of two (2) hours in duration or shorter. D. E. 9.5 For a week including two (2) travel days there shall be a maximum of seven (7) services on six (6) days with one (1) free day. For a week including three (3) or more days of travel there shall be a maximum of six (6) services on six (6) days with one (1) free day. (see Section 11.6.d.(2))

Off Days/Five Day Week A. Each Sunday and Monday shall be free of normal and extra services and/or travel, except for the following: 1. on Sundays, a performance may be scheduled to begin at or after 1:30 P.M. on twelve (12) Sundays per contract year if: a. at least one (1) of these Sundays shall be scheduled as summer rain-date; b. none is a Split Service (as per Section 9.1.f); c. there is no rehearsal; and d. one (1) day, other than Monday, shall be a day free of travel and services in the preceding or following week. 2. on one (1) Sunday, of the twelve (12) available Sundays per contract year, two (2) performances of the Louisville Ballet production of the Nutcracker shall be allowed and one (1) day, other than Monday, shall be a day free of services in the week preceding or following. 3. on up to ten (10) Mondays, a service may be scheduled to begin at or after 7:00 P.M. (for rehearsals see also Section 9.1.c.(1)) B. There shall be sixteen (16) pairs of consecutive free days during the winter season, not including vacations or holidays, per contract year. 1. Ten (10) of these occurrences shall be Sunday-Monday combinations; 2. Six (6)of these occurrences shall be other free days; and 3. No more than two (2) combinations may be used in a week.

9.6

Rehearsal on Day of Performance A. B. C. The maximum duration of any rehearsal following a concert of longer than one (1) hour shall be two (2) hours. (see Section 9.3.d) A rehearsal on the day of an evening Classics concert shall be no more than two and a half (2.5) hours in duration. A Saturday rehearsal shall be limited to the final dress rehearsal for performances on that Saturday or the following Sunday. Said rehearsal shall begin at either 10:00
17

A.M. or 1:30 P.M. 9.7 Service Limitations during Holidays A. There shall be no services on December 24, 25, 31 and January 1 (Christmas Eve, Christmas Day, New Years Eve, and New Years Day) of each contract year, unless by mutual agreement. There shall be no services on Thanksgiving and Easter of each contract year. A Musician shall be excused from his/her commonly recognized religious holidays not set forth in Section 9.7.c without loss in pay upon giving at least thirty (30) days notice to the Society.

B. C.

9.8

Conditions at a Service A. The environment at any service shall be clean, safe, and provide full view of the conductor, with proper working conditions of space, light, and temperature (defined in Section 9.8.b). The Society shall not require Musicians to perform under conditions that are improper or harmful either to the Musicians or their instruments. The Union Steward shall have the authority to conclude a service when, in the opinion of the Union Steward, infractions of these conditions remain unacceptable and/or uncorrected. Temperature at a Service. The temperature on the stage of every service shall be determined by the Society thermometer, which shall be selected (at reasonable cost) by the L.O.M.C. and maintained by the Society, and shall be located at the stand of the Union Steward, who shall monitor the entire seating area of the Orchestra. a. Indoor Stage Temperature. The minimum indoor stage temperature shall be sixty-five degrees (65) Fahrenheit and the maximum indoor stage temperature shall be eighty-five degrees (85) Fahrenheit. b. Outdoor Stage Temperature. The minimum outdoor stage temperature shall be sixty-five degrees (65) Fahrenheit. Box and/or oscillating fans, the number of which to be determined by the Union Steward and representative of the Society, shall be provided when the outdoor stage temperature reaches ninety-five degrees (95) Fahrenheit. The maximum outdoor stage temperature shall be ninety-eight degrees (98) Fahrenheit. B.2 Should the temperature exceed the allowable limits (set forth in Section 9.8.b.(1)): a. The service shall be automatically delayed and/or interrupted for a maximum of one (1) hour to achieve an acceptable resolution. If, at the end of the allotted time, the stage temperature is not corrected to be within the limits, the Musicians shall be dismissed, unless otherwise mutually agreed by the Society and the L.O.M.C. If, within the allotted time, the temperature is corrected to be within the limits, the service shall continue, with the scheduled starting time as the basis for determination of any overtime. The determination of intermission shall be calculated from the time the service actually resumes. b. In performances when allowable temperature limits are exceeded, a penalty
18

B.1

of one unit of rehearsal overtime pay for every 15 minute increment that the penalty is incurred. The penalty areas are: LOWER UPPER INSIDE 62, 63, 64 86, 87, 88 OUTSIDE 62, 63, 64 96, 97, 98

Management shall consult with the L.O.M.C. to determine the shortening of programs under extreme conditions. C. Chairs, baffles, legible music and stands shall be in place not less than forty-five (45) minutes prior to the start of a local service. The Society shall purchase new chairs selected by mutual agreement between the Musicians and the Society as old chairs wear out or new Musicians are hired in the orchestra. A Musician may, in lieu of using these chairs, elect to retain his/her personally labeled chair from among those which are currently the property of the Society. The Society shall provide said chairs at every venue. In case of injury or a medical condition, a Musician shall not be required to work in a chair that aggravates his/her condition. Folding chairs shall not be used at any service. Adequate lighting shall be provided at every service. At all services where stand lights are required, one (1) stand light shall be provided for each stand. Stand lights shall also be available upon request of any Musician(s) at any service. Clean restrooms, dressing areas, and warm-up facilities shall be provided by the Society no later than forty-five (45) minutes prior to any service. At outdoor services the Society shall provide clean, well-lit restrooms within one hundred (100) feet of the performance site: one (1) designated Womens toilets and one (1) designated Mens toilets. These facilities shall be for the sole use of the Musicians and Performers. The Society shall provide and maintain a smoke-free environment prior to, during and after a service within the performance, rehearsal or backstage areas of all venues. At outdoor services, the Society shall provide a protective covering over all Musicians, except by mutual agreement between the L.O.M.C. and the Society. Musicians shall not be required to perform services in direct sunlight. Musicians shall not be required to perform services when any water is standing on or blowing on to the stage. The Society shall provide drinking water adjacent to the performance site. The official clock (set by the representative of the Society) shall be in full view during rehearsals and electronic media sessions. The official clock at performances shall be directly off stage. All official announcements shall be posted next to the official clock at all services. The representative of the Society shall provide a three (3) minute warning prior to the expiration of any intermission or rest stop.
19

D.

E. F.

G.

H. I. J. K. L.

M. N.

O. 9.9

The Society agrees to add to all contracts with halls and presenters a rider that requires adherence to all applicable provisions of Section 9.8.

Number of Different Programs in a Week No more than three (3) different programs shall be rehearsed and/or performed in a single work week.

9.10

Sectional Rehearsal(s) A. B. Sectional rehearsals are defined as involving no less than the entire string section, woodwind section, brass section, or percussion section of the orchestra. Conditions of sectional rehearsal(s) 1. Permitted in any rehearsal for any performance, and 2. allowed on up to ten (10) occasions per contract year providing said rehearsal is: a. no more than two and a half (2.5) hours in length including a fifteen (15) minute intermission, and b. with a Louisville Orchestra, Kentucky Opera, or Louisville Ballet hired conductor conducting. c. In computing the number of services utilized, separate sectional rehearsals shall each count as a service for only the individuals involved, not the entire orchestra.

9.11

Overnight Interval A. There shall be a minimum of eleven (11) hours between the end of an evening service and the beginning of the next service. The L.O.M.C. shall be notified whenever any exception to this limitation is necessary, but there shall be no more than one (1) such exception per contract year. The eleven (11) hour minimum interval begins after the scheduled or actual conclusion, whichever is later, of an evening service. For a run-out or a tour, there shall be a minimum of twelve (12) hours between the scheduled return or actual return of Society conveyance, whichever is later, and the beginning of the next service and/or departure of the next day on tour. (see Section 11.6.e) The next days service shall begin in compliance with Sections 9.11.a and 9.11.b, but shall end as scheduled.

B.

C. 9.12

Arrival Time A. Musicians scheduled to perform at the beginning of a service must arrive at the venue no later than 10 minutes prior to the start time of the service, and must be in their seats no later than 5 minutes prior to the start time of the service. Musicians not required to perform at the beginning of a service will be present and prepared to perform not less than five (5) minutes prior to the downbeat to the work in which they are scheduled to perform, except for all dress rehearsals, at which all
20

B.

performers must be present fifteen minutes before the start of rehearsal, regardless of the rehearsal order per section 10.1.D. C. D. E. Musicians shall be allowed to leave a service momentarily to attend to personal needs of an emergency nature. Halls shall be available for warm-up and preparation thirty (30) minutes prior to a service. Arrival at a non-local hall in Society conveyance shall be no less than thirty (30) minutes prior to the service. If arrival is later, the beginning of the service shall be delayed for a time to equal the time of the late arrival. (see Section 11.6.b.(8)) Musicians who arrive tardy to rehearsal with no prior notification to the Personnel Manager will be charged $10 per fifteen minute increment or portion thereof not to exceed a total comparable per service compensation. For a fourth offense, Musician shall be subject to loss of $20 per five minute increment. Beginning with the sixth tardiness in any one season, the musician will be subject to dismissal for cause.

F.

9.13

String Relief Through Equitable Rotation A. The Society shall provide string relief through equitable rotation for: 1. pit services when not requiring full string sections; and 2. all other services with reduced string sections; a. due to size limitations of the performance area; and/or b. due to traditional instrumentation which requires a reduction in the size of the full string section. c. All titled string players must perform each piece on all Classics programs, regardless of reduced string counts, unless excused by the Music Director. B. Rotation Administrator Each string section shall elect from that section, by simple majority, a Musician who will implement and administer the rotation schedule. 1. The elected Rotation Administrators shall be notified by the Society no less than twenty-one (21) days prior to the beginning of each string relief rotation set in which their section shall be involved. 2. The elected Rotation Administrator shall notify the Musician(s) to receive rotation relief and the representative of the Society no less that fourteen (14) days prior to the beginning of each string rotation relief set. 3. The rotation records shall be continuous from year to year, so that equitable relief shall be on-going. 4. If the dates of a Musicians Personal Service request are converted to relief rotation services by the Rotation Administrator, the Musician may resubmit his/her Personal Service request for use at another date.

21

5. Each contract year, by mutual agreement with their sections, the String Relief Rotation Administrators may choose to continue their administration. Lacking mutual agreement, a new election shall take place. 9.14 String Revolving Revolving seating in each string section may occur by mutual agreement of all Untitled Musicians. Titled Musicians shall not participate in the revolving seating. 9.15 Individual Music Parts A. Music shall be distributed to Musicians no later than two (2) weeks prior to the first rehearsal of a program. All strings shall receive individual parts for all Classics programs, as well as all contemporary compositions. String music sign-up sheets for all other programs shall be posted at least four (4) weeks in advance of the first rehearsal of the programs and shall remain posted for at least one (1) week. All music to be performed on a given program shall include bowings, string section divisi, cuts (if applicable), and other information which may be necessary for the performance of each composition. Bowings and other markings shall be made by the Conductor or the Concertmaster in cooperation with the other Principal String players. Such bowings and markings will be given to the Librarian for transfer to individual parts. No bowing changes shall be permitted during the final rehearsal, unless requested by the Conductor; adequate time shall be given to the Musicians to mark and rehearse the requested changes. It is understood that the above schedule will not apply where compliance is precluded by circumstances, such as the unavailability of music or changes in program due to an emergency circumstance. All music performed by the Louisville Orchestra shall be properly arranged for symphony orchestra and shall, in every case possible, conform to the M.O.L.A. Music Preparation Guidelines for Orchestral Music prepared by the Major Orchestra Librarians Association.

B.

C.

D.

9.16

Split Orchestra A. The Louisville Orchestra may be split into no more than two (2) groups, and players will be divided per the scored instrumentation and request of conductors. Exceptions shall be given to Opera and Ballet performances which shall be staffed as scored. Each orchestra group shall have its own conductor. Split orchestra services shall not be utilized for any of the Louisville Orchestra regular series programs, including but not limited to, Classics, Louisville Pops, NightLights, orKIDStra, WOW!, or new programs which have the same or similar function. All orchestra splitting shall be done so that both the workload and the amount of required travel are distributed as equitably as possible. The following representatives of the Society shall be present for both orchestra groups at all split orchestra services: Operations Manager and/or Stage Manager, Librarian, or other designees of the Society who are employed exclusively to carry out managerial duties. No Musician shall be required to perform more than twenty-four (24) split orchestra
22

B. C.

D.

services in any contract year. E. A Musician may be assigned to two (2) split orchestra groupings simultaneously only under the following conditions: 1. The Musician voluntarily elects the second assignment; and 2. The Musician is compensated at a pro-rated percentage of weekly salary according to his/her personal contract for the split orchestra run which has the highest number of services. F. Notification of scheduling of split orchestra services shall be consistent with the provisions of Article 10 Scheduling, including notification of scheduled split orchestra services thirty (30) days in advance of each split orchestra service. All working conditions for split orchestra services shall be consistent with the provisions of Article 9 Working Conditions and Article 11 Tours and Run-Outs.

G.

ARTICLE 10. SCHEDULING AND NOTIFICATION

10.1 Schedule Policy Rules A. Complete information on each service shall include: date, time, place, conductor, repertoire, and rehearsal order. The Society agrees that informing Musicians constitutes: 1. written notice with all official information to each Musician, 2. verbal notice at the earliest rehearsal(s), B. Official designation shall only occur when the Society and the appropriate Committee/Subcommittee resolve schedule/itinerary violations. Musicians shall only be required to attend official services. The Society agrees that any and all updates and/or changes which occur ten (10) days or less before the service(s) involved shall require L.O.M.C. and Schedule Subcommittee approval to become official Musicians shall be excused without penalty if: 1. The Musicians attendance was not originally required; and 2. The Musician has a prior commitment which cannot be rescheduled; and 3. Such conflict is reported to the Personnel Manager within three (3) days of the official notice of change. D. Programming and rehearsal order changes are allowed when due to sudden and unforeseen circumstances or unavailability of the music involved. Rehearsal order changes by the conductor are allowed only for the dress or final rehearsal. Both aforementioned exceptions require immediate verbal notification by the Society to each Musician.

C.

23

E.

Grievance Penalty Should it be determined, as a result of the processing of a grievance, that any change under this Article by the Society was in violation of this Article, then every Musician whose presence at a service was required as a result of the change, but whose presence was not originally required, shall be compensated for each service at the rate of seven percent (7%) of each Musicians applicable weekly salary by the next payroll.

10.2

Winter and Summer Schedule Procedure A. Winter Season 1.a. 1.b. 2. 3. 4. 5. 6. By April 1, Society forwards the first draft of all available information concerning the following seasons schedule to L.O.M.C. Only the Music Director or guest conductor shall choose Classics repertoire. By April 15, the Society shall schedule a problem resolution meeting with L.O.M.C. By April 22, the Society shall forward the revised schedule to L.O.M.C. By April 29, the L.O.M.C. will notify the Society of acceptance or schedule another problem resolution meeting. By May 1, all problems shall be resolved and Musicians receive the OFFICIAL WINTER SEASON SCHEDULE (first notification). Society immediately sends all updates/changes to the L.O.M.C. from June 1 July 31, problem resolution meetings shall occur as necessary and written updates then sent to each Musician with verbal or written notice given during services. By August 1, the updated OFFICIAL WINTER SEASON SCHEDULE (second notification) for September 1 January 31 of the current season shall be sent to each Musician. The Society and the L.O.M.C. shall continue problem resolution of changes/updates by November 1 the complete OFFICIAL WINTER SEASON SCHEDULE (third notification) shall be sent to each Musician. Continue problem resolution of changes/updates; changes within thirty (30) days require L.O.M.C. approval. (see Section 10.1.c)

7.

8.

9. B.

Summer Season 1. 2. 3. By December 1, the Society forwards the first draft of summer seasons schedule to the L.O.M.C. By January 10, the Society shall schedule a problem resolution meeting with the L.O.M.C. By January 17, the Society shall forward the revised summer schedule to the
24

L.O.M.C. 4. 5. 6. By January 24, the L.O.M.C. will notify the Society of acceptance or schedule another problem resolution meeting. By January 31, all problems shall be resolved and Musicians receive the OFFICIAL SUMMER SEASON SCHEDULE (first notification). Society immediately sends all updates/changes to the L.O.M.C. From March 1 April 30, problem resolution meetings shall occur as necessary and written updates then sent to each Musician with verbal notice given during services. By May 1, the complete OFFICIAL SUMMER SEASON SCHEDULE (second notification) shall be sent to each Musician. Continue problem resolution of changes/updates; changes within thirty (30) days require L.O.M.C. approval. (see Section 10.1.c)

7. 8. 10.3

Tour and Run-out The Society shall forward a DRAFT ITINERARY to the Tour Subcommittee forty-five (45) days prior to the scheduled departure of every tour and/or run-out. The Society and the Tour Subcommittee shall work out all details until there is an OFFICIAL ITINERARY. The Society shall inform each Musician involved in the tour or run-out no later than thirty (30) days prior to the scheduled departure of the OFFICIAL ITINERARY. The Society shall immediately forward any and all changes to the Tour Subcommittee. All changes must become official and the Society shall immediately inform each Musician involved of any and all official changes. No less than ten (10) days prior to departure, a final copy of the TOUR or RUN-OUT ITINERARY shall be distributed to each Musician. There shall be no changes allowed within ten (10) days before the scheduled departure except on condition of Section 10.1.d.

10.4

Recording Service(s) (see Section 14.2) The Society shall immediately forward all information to the L.O.M.C. as soon as it is known concerning the scheduling of any recording session(s) and any related rehearsal(s). The L.O.M.C. shall respond within ten (10) days. All information must become official and the Society must inform each Musician no later than thirty (30) days before the scheduled first recording service.

10.5

Auditions A. B. Permanent Openings (see Section 15.3) Auxiliary (see Section 15.6)

10.6

Scheduled Overtime The Society shall inform each Musician of any scheduled overtime no later than 4:00 P.M. the day prior to the service to which the overtime has been added. Neither scheduled nor unscheduled overtime shall affect the eleven (11) hours between the conclusion of a service or overtime of a service, whichever is later, and the beginning of the service on the following day.
25

10.7

Cancellation of a Service A. Non-emergency The Society shall give at least ten (10) days notice of any service(s) cancellation. If notification is less ten (10) days, the service(s) shall be cancelled without affecting the weekly service count. B. Emergency The Society may cancel a scheduled indoor or outdoor service because of inclement weather provided the Society furnishes notice of such cancellation no later than two (2) hours prior to the scheduled starting time for that service. Such notice shall be given by advising the Union Steward and the Chairperson of the L.O.M.C. of the cancellation and by establishing a Weather Cancellation Hotline consisting of a central telephone number with a taped message which Musicians can call to learn if a given service is canceled. If such cancellation occurs during normal working hours, Musicians may also obtain the same information by calling the Orchestra office. A service canceled in conformance with these notice provisions may be rescheduled provided the repertoire remains the same and the Society gives at least twenty-four (24) hours advance notice of the rescheduling. This rescheduling notice may be given at the same time as the cancellation notice outlined previously. Any Musician with an unbreakable prior commitment shall notify the Society immediately as to his/her availability and shall suffer no penalty. The cancellation and rescheduling provisions herein shall not affect the limitations on the weekly service count. Less than twenty-four (24) hours advance notice of the rescheduling requires L.O.M.C. approval.

ARTICLE 11. TOUR AND RUN-OUT

11.1 Application A. B. C. 11.2 This Article shall apply to all domestic tours and run-outs (defined in Section 11.2) in the continental United States. Quality travel and lodging arrangements shall be made in consultation with the Tour Subcommittee to ensure the comfort, health, rest and safety of the Musicians. Any non-domestic service(s) not directly covered in this Article shall require a negotiated agreement between the Society and the L.O.M.C.

Definitions A. The Local Area shall be defined as within a twenty (20) mile radius of the Jefferson County (Kentucky) Courthouse. Transportation, otherwise consistent with this Agreement, shall be provided by the Society for all non-local services. A Tour shall be defined as one (1) or more services that involve one (1) or more consecutive nights during which overnight lodging is provided or required to be provided by the Society. A tour shall terminate upon return of the Orchestra to the original departure point. A Run-out shall be defined as one (1) service performed outside of the Local Area
26

B.

C.

but within a one hundred fifty (150) mile radius of the Jefferson County (Kentucky) Courthouse and within the travel limits of Section 11.6.b.(4) for which the Orchestra leaves from and returns to Louisville, Kentucky, without lodging being provided or required to be provided by the Society. A run-out shall terminate upon return of the Orchestra to the original departure point. On one (1) occasion per contract year, Ashland (KY) may be a run-out with the next day being a free day. D. Travel shall be defined as the time in a day from the scheduled departure to destination (either service or lodging) which includes layovers but does not include: 1. the time allowed for rest break(s)/stop(s) during road travel (see Section 11.6.b.(2)); and/or 2. the travel time between lodging and the service (see Section 11.6.b.(5)(a)); and/or 3. stops for meals (see Section 11.7.f) 11.3 11.4 Schedule (see Section 10.3) Transportation A. Bus Travel 1. If the Orchestra travels by bus, the Society shall stipulate to the bus company that only first-class, inspected and approved buses be used. First-class buses must substantially meet the following standards: a. All mechanical systems (including motor, brakes, interior lights, overhead fans, with heating and air-conditioning depending on season and territory) in working order; and b. all seats in perfect condition; and c. all windows airtight and operable; and d. toilets in good working order and regularly serviced; and e. buses must be clean (including seat upholstery, floors, luggage racks) and free from exhaust fumes; and f. fire extinguishers, first aid kits, and locks for passenger compartment included in equipment; and

g. Buses shall be locked and secured during meal stops. The Society will insist that the bus company correct any deficiency at the earliest practicable time. If the Society (or designee) determines any bus defect to be dangerous to the health and/or safety of the Musicians, no member of the Orchestra shall be required to board. 2. The Society shall require that the bus company have, on all tours requiring two (2) or more nights lodging; enclosed overhead bins shall be in each bus. 3. In order to provide freedom of movement and safety of carried personal items, large
27

instruments (such as cellos, double basses and tuba) shall count as two (2) seats each when determining bus capacity. For extended tours, buses shall not exceed eighty percent (80%) of capacity. 4. Musicians shall sign a bus list if they intend to travel in Society provided conveyance. Musicians may remove their names from the list no later than seventy-two (72) hours prior to the departure time if they intend to provide their own transportation. Musicians who fail to indicate a need for Society transportation will be allowed to ride the bus only if there is space. B. Air Travel 1. Aircraft used for travel purposes shall be pure jet and must be under the control of a regular scheduled airline. Non-scheduled airlines may be used with the consent of the L.O.M.C. After departure from Louisville International Airport, transportation shall be provided between airports, lodging, and services by the Society. 2. The Society shall not require a husband and wife, both Musicians of the Orchestra, who have minor children, to travel on the same plane, and shall pay the cost of coach airfare for one (1) of such spouses refusing to fly under this provision. Such Musician shall be excused for services missed by the use of alternate transportation. 3. If a Musician chooses to use alternate transportation, the Society shall reimburse him/her the cost of such transportation not more than equal to the individual transportation cost borne by the Society. All requests for such reimbursement must be submitted in writing to the Society within sixty (60) days prior to the departure date. C. Train Travel If train travel is necessary, there shall be a negotiated agreement between the Society and the L.O.M.C. D. Personal Transportation Musician(s) have the option to furnish personal transportation outside the local area if requested by the Society. E. Cartage 1. The Society shall arrange for the secure transportation of large instruments and cases for non-local services. 2. The Society shall be liable for any damage and theft to instruments while such instruments are being transported by the Society or any carrier hired by the Society. 11.5 Lodging A.1 The Society shall provide single occupancy rooms with single or twin beds in first class hotels and motels, as rated by the American Automobile Association, in accordance with the wishes of individual members of the Orchestra. If a town for which a tour is scheduled does not have enough rooms for single occupancy, the Society shall notify the Tour Subcommittee and shall reach mutually satisfactory arrangements, including the use of other facilities, assignment of two people to a room, etc. When arrival and departure are
28

on the same day and the arrival time is three (3) hours or more prior to the start of a service, the Society shall provide adequate day rooms for Musicians. A.2 A.3 Each Musician who shares sleeping quarters with another Musician shall be reimbursed twenty-five dollars ($25.00) for each night in which the quarters are shared. If a Musician does not use the room arranged by the Society, the Musician shall be reimbursed in an amount equal to the single occupancy room rate at the particular hotel or motel, provided the Society is given twenty-one (21) days notice in advance of the tour. If no acceptable lodging is available within thirty (30) miles of the performance site, the Society and the L.O.M.C. shall come to mutual agreement on the lodging choice for the tour. The Society shall be responsible for ensuring that Musicians be able to practice instruments on tour, and shall ensure that Musicians be able to practice their instruments in their rooms between 7:00 A.M. and 10:00 P.M. Security of Instruments. The Society shall provide a secured room for the storage of instruments any time the Orchestra is traveling. The Tour Subcommittee will coordinate all details of this provision with the Society.

B.

C.

D.

11.6

Working Conditions All provisions of Article 9 shall apply to non-local services. A. Day Prior: 1. to a Run-out, a. The conclusion of the second rehearsal shall be no later than 3:30 P.M.; or b. The conclusion of any evening performance shall be no later than 11:00 P.M. provided that the scheduled departure time is at least twelve (12) hours later. 2. to a Tour of: a. Two (2) days may be a double service (rehearsals only) day with the conclusion of the second service no later than 3:30 P.M. b. Three (3) days shall contain no more than a single service (rehearsal only) with the conclusion of the service no later than 3:30 P.M. c. Four (4) or more days, shall be a free day. B. During a Tour or Run-out 1. Earliest departure shall be 9:15 A.M. and scheduled return shall be by 12:00 A.M. (midnight) except when the performance location is in a time zone which is an hour earlier than Louisvilles, then the scheduled return shall be by 12:30 A.M. (midnight). 2. During bus travel, the travel rest stop shall be fifteen (15) minutes within each three (3) hours of travel.
29

3. No travel shall be scheduled on any day in which more than one (1) service is scheduled. (see Section 9.1.g) 4. Travel Limit in a Day a. On a single service day, travel time shall not exceed six (6) hours. Each Musician participating in the tour or run-out shall be paid a premium of ten dollars ($10.00) for each half (0.5) hour or fraction thereof by which the scheduled, or actual elapsed, time exceeds six (6) hours. b. No service shall be scheduled on any calendar day in which travel time exceeds six (6) hours. Eight (8) hours shall be the maximum allowed travel time in a day. Each Musician participating in the tour or run-out shall be paid a premium of ten dollars ($10.00) for each half (0.5) hour or fraction thereof by which the scheduled, or actual elapsed, time exceeds eight (8) hours. 5. Travel limit between lodging and the service in a day a. Each round trip travel between lodging and the service shall not exceed thirty (30) minutes. Each Musician participating in the tour or run-out shall be paid a premium of ten dollars ($10.00) for each half (0.5) hour or fraction thereof by which the scheduled, or actual elapsed, time exceeds thirty (30) minutes (see Section 11.5.b). b. Transportation shall be provided from hotel to concert hall and return, unless the concert hall is within a tenth (0.10) mile distance of the hotel. Where such transportation is required, provision may be made for an early departure as well as normal departure for the concert hall. 6. Rehearsals on tour shall be limited to music being performed on the tour. 7. When the local time difference between places of departure and arrival is at least three (3) hours, no service shall be scheduled to commence earlier than twenty-four (24) hours following scheduled arrival time. 8. Arrival at Non-Local services. Arrival at non-local hall in Society conveyance shall be no less than thirty (30) minutes prior to the service. If arrival is later, the beginning of the service shall be delayed for a time to equal the time of the late arrival. (see Section 9.12.e) 9. Early Departure Penalty. If a tour or run-out departs on Society provided conveyance prior to 9:15 A.M., each Musician shall receive a premium of ten dollars ($10.00) for each half (0.5) hour or fraction thereof by which the scheduled or actual departure time is prior to 9:15 A.M. This penalty shall be in addition to any other penalties. 10. Late Arrival Penalty. If a tour or run-out terminates upon return to Louisville on Society provided conveyance after 12:00 A.M. (midnight) Louisville time or 12:30 A.M. from an earlier time zone, each Musician shall receive a premium of ten dollars ($10.00) for each half (0.5) hour or fraction thereof by which the scheduled or actual termination time is beyond 12:00 A.M. (midnight) or 12:30 A.M. if from an earlier time zone than Louisvilles. This penalty shall be in addition to any other penalties.

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C.

Day Following a Run-out: 1. With scheduled or actual return before 12:00 A.M. (midnight), may be a double service day provided that twelve (12) hours occur between the scheduled or actual termination, whichever is later, and the start of the next days services; 2. With scheduled or actual return after 12:00 A.M. (midnight) but before 1:00 A.M., shall be a single service day provided that twelve (12) hours occur between the scheduled or actual termination, whichever is later, and the start of the next days service; 3. With scheduled return after 1:00 A.M. shall be a free day. 4. Exceptions. Up to five (5) occasions each contract year with scheduled or actual return after 12:00 A.M. (Midnight), the Society may schedule a double service day with the first service being a two (2) hour service beginning at 2:00 P.M. and this service shall be a dress rehearsal for that evenings performance.

D.

Day Following a Tour 1. The day following a tour of two (2) days or less with scheduled or actual return: a. before 12:00 A.M. (midnight) shall have no more than one service beginning no earlier than 1:30 P.M. b. after 12:00 A.M. (midnight) shall be a rest day. 2. Upon completion of a tour and return to Louisville, no services shall be scheduled until the passage of the following number of rest days: Days of Tour Rest Days 3 1 4 2 5 3 6 4 7 or more as agreed upon by the Tour Subcommittee and the L.O.M.C. These Rest Days shall be in addition to the free days provided in Section 9.4.e, Section 9.5, and Section 11.6.a.(2)(c). For late arrival free day see Section 11.6.c.(3). Vacation Days shall not be considered Rest Days.

E.

Twelve Hour Interval. (see Section 9.11.b) There shall be a minimum of twelve (12) hours between the scheduled return or actual return of Society conveyance, whichever is later, and the beginning of the next service and/or departure of the next day on tour. The next days service shall begin in compliance with Section 9.11.b, but will end as scheduled (see Section 9.11.c).

F.

Travel Limit in a Week. (see Section 9.4.c, d and e) 1. For a week including two (2) travel days, there shall be a maximum of seven (7) services on six (6) days with one (1) day free of travel and services. 2. For a week including three (3) or more travel days, there shall be a maximum of six (6) services on six (6) days with one (1) day free of travel and services. (see Section
31

11.6.d.(2)) 3. The week of Classics subscription concerts shall include no tours and no more than one (1) run-out, except that additional run-outs shall be allowed provided that they are of the same Classics program being performed that week, and provided that the scheduling of such additional run-outs are otherwise consistent with all of the guidelines set forth in Articles 9 and 11. 4. Non-local services may include: a. two (2) run-outs; or b. a tour of two (2) days and a run-out, which shall not be consecutive; or c. a tour of three (3) days, or more, with no run-outs. 11.7 Per Diem and Meal Times A. B. Per diem shall be included in the payroll prior to departure. Per diem not utilized due to emergency leave (as per Section 11.8.a) or Musicians non-attendance on tour or run-out may be deducted from the Musicians subsequent paychecks at the Societys discretion. Meals furnished by an airline as a part of the fare shall not be substituted for per diem payments. Mealtime Schedule-Over. Allowed when scheduled due to necessity at the rate of four dollars ($4.00) per thirty (30) minutes, or fraction thereof, per Musician and shall be included in the next payroll as per diem. Meal Per Diem and Additional Allowance Sunday meals other than Breakfast shall be paid at the Dinner Rate. Population* One Million or Less One Million or More Breakfast $9.00 $11.00 Lunch $11.00 $14.00 Dinner $20.00 $25.00

C. D.

E.

Each Musician shall receive an additional per diem allowance of six dollars ($6.00) for each full day, except for cities of one million or more in population when the additional per diem allowance shall be ten dollars ($10.00). A full day shall be defined as when a Musician receives three (3) consecutive meal per diems in the same calendar day. *Population reference for cities in the United States shall be the Federal Standard Metropolitan Statistical Area Chart. F. Meal Times 1. On tours, all meal times shall be determined according to Local Time. 2. On run-outs, all meal times shall be determined according to Eastern Time.
32

3. Designated Meal Times a. Breakfast (1 hour) to be scheduled between 8:00 A.M. and 9:30 A.M. b. Lunch (1.25 hour) to be scheduled between 11:00AM. and 2:00 P.M. c. Dinner (1.5 hour) to be scheduled between 5:00 P.M. and 7:30 P.M. 11.8 Emergencies on Tour A. In the event a Musician becomes ill or injured while on tour, the Society shall be responsible for and shall assume all costs of transporting the Musician to a qualified doctor or hospital as quickly as possible. It is understood that this does not apply to medical attention required for routine treatment. If the attending physician advises the Musician to return to Louisville, the Society shall be responsible for the expense of the return trip, which must be by the most expeditious mode of transportation. The Society shall be entitled to recover any per diem not required due to the Musicians absence from the tour. B. Medical Care for Non-Local Services. If requested by the Musician, any expense for medical treatment incurred on a tour or run-out that is necessary and arises from an emergency, including medication prescribed as a result of the treatment, initially shall be paid by the Society, with reimbursement from insurance or the Musician if such expense is not covered by insurance. The health insurance, long term disability insurance, and workers compensation insurance in effect at the beginning of any season shall be in effect for the duration of any non-local service.

C.

ARTICLE 12. VACATIONS, PERSONAL SERVICES, LEAVES

12.1 A. Vacations Vacation leave/s for Contract Musicians, if any, shall be granted as unpaid leave/s. Vacation leave requests shall be submitted in writing to the Personnel Manager no fewer than thirty (30) days in advance of the period requested. Personnel Manager will review vacation leave requests and respond to them, in writing, in no more than five (5) business days. Personal Services A. B. The Society and the L.O.M.C. reserve the right mutually to establish procedures for implementation of Personal Services. Only Contract A Musicians will be granted personal leave in each season, according to the following schedule based on the indicated year of employment: 1. Beginning with a Contract A Musician's first year of employment and continuing through his/her fifth year of employment, he/she will have four (4) personal services per season. Personal services for the first year of employment will be pro-rated based upon date of her.

12.2

33

2. Beginning with a Contract A Musician's sixth year of employment and continuing through his/her tenth year of employment, he/she will have five (5) personal services per season. 3. Beginning with a Contract A Musician's eleventh year of employment and continuing through his/her fifteenth year of employment, he/she will have six (6) personal services per season. 4. Beginning with a Contract A Musician's sixteenth year of employment and continuing through his/her employment, he/she will have seven (7) personal services per season. C. D. Personal Services do not accrue from year to year. The Society shall approve requests for Personal Services which fall within Classics weeks or split weeks when the Musician obtains release from these services by express written permission of the Music Director. The Society shall not approve requests for Personal Services for Pension Concert services. Two (2) titled Musicians in a section may not utilize the same service as a Personal Service. If a Musician has reserved Personal Services and it is later determined that a substantial solo exists for that position, the Musician shall have the option to reschedule those Personal Services in order to perform the solo. Response to Personal Services Requests 1. Musicians who reserve Personal Services thirty (30) or more days in advance shall receive a response from the Society no later than twenty-four (24) days prior to the reserved date. For long-term requests, there shall be a thirty (30) day response time. 2. Personal Service requests may be made less than thirty (30) days of the reserved date, but there will be no guaranteed response date by the Society. These requests will be granted at the discretion of the Society. 3. All requests shall be processed in the order received. If two (2) or more requests are received at the same time, priority shall be given first to vacation requests, then by seniority and then by draw. 4. The Society may grant unpaid leave to a Musician at its discretion at any time. A Musician previously granted unpaid leave may have that leave converted to Vacation Leave or Personal Services if the leave would qualify for such. A Musician requesting such a conversion shall notify the Society of his/her request no later than thirty (30) days in advance of the first day of the leave. I. Personal services request forms shall be signed by the Principal within forty-eight (48) hours of receipt. The Musician making the request shall then submit the form to the Personnel Manager. This request shall be notice-effective and reserved in the order of receipt by the Personnel Manager. Musicians may utilize Personal Services according to Section 12.3 Floating
34

E. F. G.

H.

J.

Vacation and/or Personal Service(s) Utilization Guidelines. 12.3 Personal Service(s) Utilization Guidelines A. The number of Musicians utilizing Personal Service(s) and the time of this utilization shall be determined according to the following chart: Sections Violin I Violin II Viola Cello Bass Non-Strings (per section) Classics Making Music Education concerts, Summer concerts 1 NightLights, OrKIDStra, and Louisville Pops Other, including but not limited to, Non-Local Concerts, Opera and Ballet AS DETERMINED BY THE SOCIETY *Titled Musicians are not excused. The following string personnel need not be replaced for the following series: Sections Louisville Pops, Education concerts, Summer concerts NightLights, OrKIDStra Violin I Violin II Viola Cello Bass 1 1 1 1 1 1 1 1 1 1 1 NONE 1 NONE 1 NONE 1 NONE 1 NONE 1 NONE 1

All non-strings are to be replaced when called for by instrumentation, except under the provisions of Section 5.2.b. B. Musicians may utilize additional services in the following ways: 1) String Rotation (see Section 9.13)
35

2) Space Limitation (see Section 9.8.a) 3) Petition, at the sole discretion of the Music Director. 12.4 Leaves of Absence A. Audition Leave. Each Musician is entitled to two (2) unpaid audition leaves each contract year. The Musician shall give at least twenty-one (21) days notice to the Personnel Manager before each scheduled audition. The timing and duration of the leaves shall be as necessary in each particular case to enable the Musician to participate in the audition. A Musician who has the opportunity to take an audition and who is rotated off a service or services shall have the right to attend the audition upon notice to the Society, but without taking Audition Leave or Personal Services. If the timing and duration of the Audition Leave is such that the Musician is denied the right to perform related services either before or after the scheduled Audition Leave, and all other combinations of leaves (i.e., Personal Services, free days, floating vacation and rotation) have been exhausted, the Musician may utilize up to two (2) sick days (a maximum of four (4) services) to compensate for his/her absence from the related services. The official length of the Audition Leave shall be tabulated upon the Musicians return. Sick Leave 1. Regular or Emergency Sick Leave may be used in the event of the Musicians illness or serious illness in the Musicians family. The Musician may petition the Society for consideration of other persons. a. All Musicians shall be entitled to sick leave (at his/her regular salary) in accordance with the following schedule: i. Beginning with a Musicians first full year of employment and continuing through his/her fifth year of employment, he/she will have four (4) days of sick leave per season. Sick days for the first year of employment, if not complete, will be pro-rated based upon date of hire. ii. by June 1 = four (4) sick days by September 1 = three (3) sick days by January 1 = two (2) sick days by April 1 = one (1) sick day

B.

Beginning with a Musicians sixth (6) year of employment and continuing through his/her tenth (10) year of employment, he/she will have six (6) days of sick leave per season. Beginning with a Musicians eleventh (11) year of employment and continuing through his/her employment, he/she will have eight (8) days of sick leave per season.

iii.

b. Sick days are computed as follows: i. One (1) service missed on a single service day equals a debit of one
36

(1) sick day. ii. iii. Two (2) services missed on a double service day equals a debit of one (1) sick day. One (1) service missed on a double service day equals a debit of one-half (0.5) sick day.

c. Sick Leave is applicable to Maternity Leave as set forth in Section 12.4.f. d. Unused sick days shall accumulate up to a maximum of sixty (60) days for each Musician. e. The Society may require satisfactory proof of illness. C. D. Summer Leave. Unpaid summer leave shall be granted at the discretion of the Society and shall not be unreasonably withheld. Professional Musical Development Leave. Should a Musician request a leave of absence for further professional musical development, such requests, including the length of the proposed leave, shall be left to the discretion of the C.E.O. in consultation with the Music Director. The leave of absence will be without pay, but the Musician shall retain his/her full benefits package, except the Musician shall not be eligible to remain on the Societys health insurance plan if the leave is to perform with a professional orchestra that has a comparable or better health plan and the Musician is eligible and qualifies for that plan. The musician shall retain his/her pay and seniority ranking. No more than three (3) Musicians shall be on such leave simultaneously. Such leave shall not exceed twelve (12) months duration. For full year leaves, contract replacement Musician(s) shall be chosen through a national audition. (see Article 15) Bereavement Leave. Each Contract Musician shall receive up to three (3) days each contract year for the purpose of grieving the loss of an immediate family member, including spouse or domestic partner, mother, father, child, sister, brother, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandparent, or grandchild. The Society may be petitioned for consideration of other persons and/or additional days (which may be computed as sick days). Maternity Leave. Effective on the day of childbirth or legal adoption (or earlier, if so directed by a physician), a mother shall receive up to ninety (90) consecutive leave days, for the first forty-five (45) of which normal compensation shall be provided (which shall not be computed as sick leave). Additionally, the mother may elect to use any additional sick days leave available to her. Paternity Leave. Effective on the day of childbirth or legal adoption, a father shall receive eight (8) consecutive days at normal compensation, to be used within one (1) year of the effective date, and may elect to use up to seven (7) additional days computed as sick days. Jury Duty A Musician, unable to be legitimately excused from jury duty, shall be exempt from travel and/or services that conflict with such jury duty. Normal compensation shall continue.

E.

F.1

F.2

G.

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ARTICLE 13. RESIGNATION, DISMISSAL, DEMOTION, PROBATION

13.1 Representation. A Musician, at his/her request, has the right to be represented by the Union, or any representative of the Musicians choosing, at an investigatory meeting with the Society, or its representative, when that Musician reasonably believes that the meeting may lead to disciplinary action. This meeting shall either be delayed until the Musicians representative arrives, rescheduled, or end immediately if no Musician representative is present. Resignation. A Musician may resign effective at the end of the contract year by providing notice to the Society by February 1, if possible. Review Committee The Review Committee shall comprise fourteen (14) voting tenured Musicians (seven (7) Principals and seven (7) Non-Principals). The committee members shall elect their own Chairperson. In addition, the Union Steward shall be a non-voting member of the Review Committee. A. The names of all Orchestra Musicians shall be placed inside individual blank and sealed envelopes, which shall then be divided into two (2) groups: Principals and Non-Principals. During September of each contract year, the L.O.M.C. Chairperson shall select nine (9) envelopes from each of the two (2) groups as witnessed by the remaining L.O.M.C. members. The envelopes shall remain sealed at the Union procedures are initiated at which time they shall be opened. until formal dismissal

13.2 13.3

B.

C. D.

From the above list, two (2) names (one (1) Principal and one (1) NonPrincipal) may be struck first by the Music Director followed by two (2) names (one (1) Principal and one (1) Non-Principal) struck by the Musician subjected to dismissal proceeding. Any Musician may elect to decline membership in the Review Committee if a question of conflicting interests is persuasive. A replacement shall be made by the L.O.M.C. Chairperson drawing another envelope. A replacement for a Principal shall be a Principal and a replacement for a Non-Principal shall be a Non-Principal. Notwithstanding, the decision to dismiss a Musician pursuant to Sections 13.4 and 13.7 is the sole responsibility of the Society and the Musician retains the right by Article 16 to grievance and arbitration procedures.

E.

13.4

Dismissal for Failure to Maintain Consistent Musical Standards A. Tenured Musician 1. The Society reserves the right to dismiss a tenured Musician for failure to maintain consistent musical standards. This dismissal procedure may be set in motion only by the request of the Music Director. However, such action shall not occur in the first or last year of the Music Directors tenure. For the purpose of mailing any notice of termination, the address of the Musician shall be the last address provided to the Society in writing by the Musician. A copy of any such notice shall be sent to the Union Steward and Union immediately after the notice has been sent by registered mail or otherwise provided to the Musician.
38

2. Prior to the initiation of the formal dismissal proceedings hereafter set out, the Music Director shall meet with the Musician and the Union Steward to discuss specific points of dissatisfaction with the Musicians musical performance. 3. If after six (6) months from said meeting, the Music Director determines that the musical performance of the Musician, as noted in the first meeting, remains below the musical standards of the Orchestra, then the Music Director may continue the dismissal proceeding by so advising the Musician and the Union Steward. 4. Within thirty (30) days of the receipt of the notice of dismissal, the Musician may accept or contest the dismissal. a. If the Musician accepts the dismissal, he/she shall have the option of severing his/her employment effective at a mutually agreeable time, but no later than the end of the current contract year. If the Musician contests the dismissal, the Musician shall serve written notice of such intent to the Music Director, Union Steward, and the Union. At this time, the current seasons Review Committee shall meet within fifteen (15) days with the Music Director, the C.E.O., and the Musician to discuss the basis for dismissal. The Review Committee shall then elect its own Chairperson and shall operate according to such rules and procedures as it shall deem appropriate, provided, however, that they: i. ii. permit the Music Director and dismissed Musician to be present during the testimony of one another and to rebut that testimony; if requested by the dismissed Musician, conduct the hearing in such a manner so as to prevent the disclosure of the identity and testimony of all other witnesses; and give both the Music Director and dismissed Musician the opportunity to rebut evidence which the Review Committee deems in its sole judgment to be significant and material.

b.

iii.

The Review Committee shall then make its determination by a majority secret ballot as to whether in its judgment the Musician sustained his/her burden of proving by a preponderance of the evidence that the Music Directors judgment and decision were in error. The majority decision of the Review Committee shall be recorded in writing and shall indicate affirmance or reversal of the decision of the Music Director. The decision of the Review Committee must be rendered within fifteen (15) days of its convening and submit its advisory recommendation to the Society. 5. If the Society pursues dismissal for failure to maintain consistent musical standards, the Musician shall have the right to proceed to Formal Step #2 under Section 16.2.c or the option of severing his/her employment effective at a mutually agreeable time, but no later than the end of the current contract year. Upon signing a full release, the Musician shall receive severance pay equal to the number of years of service times amount of one weeks minimum scale in effect at the time of severance. B. Non-Tenured Musician A musicians first two (2) years of employment shall be considered probationary.
39

First performance appraisal. After six (6) months, but no later than twelve (12) months from the date of the Musicians first service with the Orchestra, the Music Director shall meet with the Musician along with the section principal (or, if a principal position, with the principals from related sections), and the Union Steward to review the progress of the Musician toward tenure. If the Music Director is out of town at this time, he or she may participate via telephone or electronic mail. Problems, if any, will be noted at that time with such specificity as to provide the Musician an opportunity to correct them. Second performance appraisal. After eighteen (18) months, but no later than twentyfour (24) months from the date of the Musicians first service with the Orchestra, the Music Director shall meet with the Musician, along with the section principal (or, if a principal position, with principals from related sections), and the Union Steward. Notwithstanding the above, if problems are noted in the first performance appraisal that could affect the decision on tenure, then the second Performance Appraisal shall be not more than twelve (12) months after the first. At this time, the Music Director, in consultation with the section principal(s) present, shall either grant tenure or release the Musician from employment effective at the earlier of: 1. one month from the date of this meeting, or 2. the end of the Musicians current contract. If the Music Director is out of town at this time, he/she may participate via telephone or electronic mail. A representative of the Society may attend either or both of these Performance Appraisal meetings. (see Section 5.4.a) 13.5 Demotion for Failure to Maintain Consistent Musical Standards In the event the Music Director decides to demote a Musician within a section, or, in the case of the violin sections, to transfer a Musician from one section to another, a notice shall be sent to the Musician and Union Steward, any time during the contract year, specifying the available position, which may be a current position or added position, to which the Musician will be moved. A non-tenured musician has no recourse from a demotion decision of the Music Director. A. If the tenured Musician accepts the demotion, his/her position is effective immediately and shall retain the current salary either for period of six (6) months or until the end of the season, whichever is longer. If the tenured Musician chooses to contest the demotion, he/she is eligible for appeal through the procedure set forth in Section 16.2.

B. 13.6

Musician Request of a Demotion If a Musician requests a demotion and the Music Director agrees, the provisions of Section 13.5 shall not apply and the request shall be granted.

13.7

Probation and Dismissal for Just Cause Except when the severity of the matter warrants immediate dismissal, procedures for discipline or dismissal for just cause shall be effective after the following steps have been taken: A. Following the occurrence(s) at issue, the Society shall meet with the Musician to be
40

disciplined and the Union Steward. The specific nature of the offense shall be made known to the Musician at this meeting and a written copy of the charges forwarded to the Musician and the Union. B. If the problem (assuming that it is severe enough, in the opinion of the Society, to warrant dismissal if it continues) persists, the Musician in question shall receive written notice to this effect and a copy of such notice shall be forwarded to the Union. Such notice may place the Musician on probation for a period not to exceed one (1) year. Repetition of the cited offense, or of an offense of similar type, magnitude, or severity, during such probation may result in immediate dismissal, discipline, or dismissal effective at a later date, but not later than the end of the current contract year. Such notice shall specify the effective date of dismissal or discipline and shall be delivered or sent by registered mail to the Musician and delivered or mailed to the Union Steward. If the Musician receiving such notice, or the Union on the Musicians behalf, believes the dismissal or discipline to be unjust, then within fourteen (14) days of receipt of the notice by either the Musician or the Union (whichever is later), the Musician and/or Union may provide written notice to the Society of an intent to protest and seek relief of the dismissal or discipline action. The procedure shall be in accordance with Section 16.2.c and 16.5.

C.

13.8

Musician Status The salary and benefits (except as otherwise provided in this Master Agreement) of such Musician shall continue until all appeals have been exhausted and the final judgment stands.

ARTICLE 14. ELECTRONIC MEDIA

14.1 Mandatory AFM Agreement Except as otherwise explicitly provided in this Agreement, no service or any part thereof shall be recorded, reproduced or transmitted from the place of service in any manner or by any means whatsoever by the Society, or by any other person(s), in the absence of a specific written agreement with the AFM. 14.2 Musician Agreement and Notification The Society agrees that in addition to fulfilling all AFM requirements regarding electronic media, it shall have the agreement of the Union and the L.O.M.C. before initiating any electronic media project, and then shall provide a minimum of thirty (30) days notification of project information, including compositions to be recorded. A. Conditions Not Requiring Prior Agreement Prior notification, where standing L.O.M.C. Agreement exists, is not required for the following three (3) projects: 1. local radio broadcasts (as set forth in Section 14.4) 2. archival tapes (as set forth in Section 14.5) 3. grant tapes (as set forth in Section 14.6)

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B.

Photographs Standing L.O.M.C. agreement exists regarding the following types of photographs with the specified notification to the Musicians: 1. Formal On two (2) occurrences per contract year, a two and one half hour service may be used for Marketing and/or photography. 2. Press Press photos may be taken of the Orchestra without additional compensation. Musicians shall be notified of press presence no later than the beginning of the service involved. 3. Marketing Brochure Photos may be taken of Musician(s) of the Orchestra for inclusion in marketing brochures without additional compensation upon no less than one (1) weeks notice to the Musician(s) involved. 4. Performance Photograph Prohibition Photographic and personal recording devices are strictly prohibited at all performances. An announcement stating this prohibition shall be made in the lobby or at the beginning of each performance.

14.3

Compensation for Electronic Media Sessions Services and/or sessions involving electronic media shall be compensated in accordance with the terms and conditions of all AFM media agreements. Where no such agreement exists, the Society shall negotiate an agreement with the Union and the L.O.M.C.

14.4

Local, Non-Commercial Radio Broadcasts A. The Society may create, or cause to be created, audio recordings of Classics concerts, New Dimensions concerts, and Kentucky Opera performances utilizing the Louisville Orchestra for the sole and express purpose of local, non-commercial radio broadcast without additional compensation. In exchange, the Society, in collaboration with the public radio station and the L.O.M.C., may implement an annual twenty-four (24) hour radio-thon which shall solely benefit the Louisville Orchestra. For the purposes of this agreement, local shall be defined as broadcasts emanating from within the jurisdictional boundaries of Local 11-637, AFM as of September 1, 2001. An Electronic Media Evaluation Committee consisting of up to two (2) representatives of the Artistic Advisory Subcommittee, one (1) representative of the Society and the Music Director shall meet on a timely and regular basis to review the quality of performances recorded for broadcast use. If a majority of the Evaluation Committee agrees that it is impossible to assemble an edited performance of acceptable quality, the performance under consideration shall be withheld from broadcast. The Society acknowledges and accepts responsibility for the creation, use and proper storage of broadcast tapes.
42

B.

C.

D. E. F. 14.5

After broadcast, such tapes shall be returned to and remain in the custody of the Society. The Society shall neither duplicate, nor permit the duplication of such tapes. Broadcast tapes shall not be used as evidence against any Musician in any disciplinary demotion, reseating, or dismissal proceeding. All other broadcasts shall be done in accordance with the terms of AFM agreements.

Archival Tapes A. B. C. The Society may designate a recording professional to make audio archival tape recordings of orchestra performances. In the event that archival tapes are made, said tapes shall remain at all times in the custody of the Society. The Society shall neither duplicate, nor permit the duplication of any archival tape, nor shall it allow any use of an archival tape for purposes other than review by the Music Director/Conductor, Musicians of the Orchestra, and other authorized personnel as mutually agreed upon by the Society, L.O.M.C., and Union. Archival tapes shall be available at all times during normal business hours in the Louisville Orchestra office. Archival tapes shall not be used as evidence against any Musician in any disciplinary demotion, reseating, or dismissal proceeding. The Louisville Orchestra, Louisville Ballet, and Kentucky Opera shall be allowed to make audio and/or video recordings of performances involving the Louisville Orchestra for archival purposes.

D. E. F.

14.6

Grant Tapes The Louisville Orchestra, the Louisville Ballet, and Kentucky Opera shall be allowed to make audio and/or video recordings of performances involving the Louisville Orchestra for grant purposes. Such recordings shall be created from previously existing archival tapes. Grant tapes shall not be used as evidence against any Musician in any disciplinary demotion, reseating, or dismissal proceeding. Within ten (10) days of creating the grant tape, the Union shall be provided with a full personnel list of all Musicians participating in the services from which the grant recording was created, the repertoire included in the recording, and the date that the recording was created. The Union shall be provided a copy of the finished product. The Union shall have the right to request verification of the specific requirements of any grant proposal or opportunity.

14.7

Recorded Segments for Promotional Use Local news and/or magazine programs shall be permitted to record for broadcast up to five (5) minutes of audio and/or visual product of the Orchestra without compensation, provided that such broadcast specifically and exclusively promotes the activities of the Louisville Orchestra. Verbal notification to the Musicians shall be no later than the day before and again at the beginning of the service involved. If the Society receives notice of media presence less than twenty-four (24) hours prior to the affected service, the Society shall give verbal notification to the Musicians at the beginning of the affected service.

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ARTICLE 15. AUDITION, ADVANCEMENT/APPOINTMENT

15.1 Audition Procedures Immediately after the occurrence of any permanent opening, the Society shall notify, in writing, the Principal of the section involved of the vacancy or new position. If the Principal is unavailable, the remaining members of the committee will be selected before proceeding. A. After consulting with the Principal of the section involved, or the remaining members of the Committee if the Principal is unavailable, the Music Director, after approving the audition list, shall submit it to the Music Librarian and representative of the Society. The Music Librarian shall compile the audition book from the above list and distribute a copy of it to each member of the audition committee for all auditions.

B. 15.2

Audition Policy Rules A. B. C. D. All auditions shall comply with the ICSOM Code of Ethical Audition Practices. The Union Steward (or designee) and the representative of the Society shall be present at all auditions, but not included as members of any audition committee. All permanent openings shall be filled by a national audition except in the case of demotion as set forth in Section 13.5 or 13.6. All full year openings shall be filled by a national audition or by appointment by the Music Director in consultation with the involved section. Final authority regarding whether to hold a national audition rests with the Music Director. Audition Committee 1. Format a. Only tenured Louisville Orchestra Musicians may serve on audition committees. Any Musician related to a candidate, or in another relationship that gives rise to similar bias, shall not be eligible for that particular audition committee. Louisville Orchestra Musicians currently on leave may serve at the discretion of the Music Director. b. Audition committees shall be made up based on the following formulas. If these specifications are unobtainable, the principal of the involved section, or the remaining members of the committee if the Principal is unavailable, and the Music Director shall confer and appoint a suitable replacement. If, at the time of a scheduled audition, fewer than seven (7) of the appointed audition committee members are present, the audition may proceed with a minimum of five (5) committee members. However, the society shall engage the required number of emergency substitutes to fill all committee vacancies for the remainder of the audition. c. Committee formulas Principal String positions: 3 Principal String players plus the Assistant Principal of the involved section plus 3 members of the involved section
44

E.

for a total of 7 Non-Principal string positions: 2 Principal String players (including the principal of the involved section) plus 1 other titled player (with preference given to the Assistant Principal of the involved section) plus 4 members of the involved section for a total of 7 Principal Woodwind positions: 3 Principal Woodwind players Principal Horn plus 3 Non-Principal Woodwind players for a total of 7 Non-Principal Woodwind positions: 4 Principal Woodwind players plus 3 Non-Principal Woodwind players for a total of 7 Principal Brass positions: 3 Principal Brass players plus 4 Non-Principal Brass players (with preference given to members of the involved section) for a total of 7 Non-Principal Brass positions: 4 Principal Brass players plus 3 Non-Principal Brass players (with preference given to members of the involved section) for a total of 7 Percussion/Timpani/Harp (Principal positions): 1 Principal Percussion/Principal Timpani/Principal Harp 1 Principal Woodwind 1 Principal Brass 1 Principal String 1 Non-Principal Woodwind 1 Non-Principal Brass 1 Non-Principal String for a total of 7 Concertmaster: 4 Principal String players plus Assistant Concertmaster (or 1 other titled string if the Assistant Concertmaster is auditioning) 1 Principal Woodwind 1 Principal Brass plus 4 Non-Principal Violins for a total of 11 Principal Horn: 2 Principal Brass 2 Principal Woodwinds (with preference given to the Principal Clarinet and Principal Bassoon) plus 3 members of the Horn section
45

for a total of 7 d. When players required by the formulas above are not available, a reasonable substitution will be made by the section of the involved audition. e. Titled and non-titled Musicians shall be chosen first from the section involved and, only when necessary, then from related sections. Those Musicians from related sections who wish inclusion in the audition committee, according to the above format, may notify the representative of the Society. f. Music Director Participation i. In the Semi-Final Round of a Non-principal audition, the Music Director may be present. In the Final Round, the Music Director shall be present;

ii. In Principal auditions, the Music Director shall be present at SemiFinal and Final rounds. iii. If the Music Director is unavailable, the Music Directors designee (i.e. Assistant conductor, etc.) will serve in his/her place. When the Music Director position is not filled, a designee appointed by the Concertmaster will be appointed to serve in the Music Directors place. iv. The Music Director (or acting replacement), has the following voting rights: a. in the case of a tie in the semi-final round (if the Music Director is present) or the final round, when the Music Director shall cast the deciding vote after giving appropriate weight to the recommendations of the Musician members of the audition committee, or b. c. in the case of a Principal audition, the Music Director shall have two (2) votes in any round, plus the deciding vote in the case of a tie. in the case of a Concertmaster audition, the Music Director shall have four (4) votes in any round, plus the deciding vote in the case of a tie.

2. Voting Procedure (for Auxiliary Audition Committee refer to Section 15.6.c) a. Initial Procedures i. Voting in all rounds shall be by secret ballot or by a show of hands. ii. In the preliminary or semi-final round each audition committee member shall be required to answer the question Shall the candidate be heard in the next round? iii. There shall be no discussion before voting during the preliminary round.
46

b.

In the semi-final round, a preliminary vote shall be taken prior to any discussion. Any candidate receiving the necessary votes will be advanced to the next round. At this point, discussion of the remaining candidates may take place. Following this discussion, another vote will be taken and any additional candidates receiving the necessary number of votes by secret ballot, or by show of hands will also be advanced to the next round. The Music Director may also advance any semi-finalist to the final round at his/her discretion. In the final round, discussion shall take place after hearing all of the finalists. After all discussion has concluded, the audition committee shall vote to: i. ii. go directly to a final vote (and chose an audition winner/s), or continue the final round and make decisions about hearing candidates in additional rounds, including inviting any candidate for a trial period.

c.

If the audition committee votes to go directly to a final vote: Each committee member shall be required to answer the question yes/no, Is the candidate qualified to fill the vacancy? When ballots are counted, the audition committee shall then discuss and rank the candidates who were voted qualified according to Section 15.1.d.(2)(d)(ii). If the audition committee votes to continue the final round: The committee shall then vote yes/no on the question Shall this finalist continue in the final round? Any finalist not receiving the necessary number of votes to continue the audition will then be released from the audition by the society representative, and therefore be deemed unqualified to fill the position. Concerning those finalists receiving the necessary number of votes, the committee shall have the option of hearing any finalist play again, either alone or with selected members of the orchestra. The audition committee shall also have the option of requiring any finalist to play in the orchestra on a paid trial basis for a reasonable amount of time not to exceed three weeks. This option shall require a majority vote by the audition committee. After the trial period: The audition committee shall reconvene and make a final determination concerning hiring and ranking. Each committee member shall be required to answer the question yes/no, Is the candidate qualified to fill the vacancy? The audition committee shall then discuss and rank the candidates according to Section 15.1.d.(2)(d)(ii).
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d.

Additional Procedures i. In the case of an audition with multiple openings in section string positions, the audition committee shall first select those candidates who are qualified and then shall rank them. Openings shall be filled in the order of this ranking, which shall remain in effect for twelve (12) months. Should a subsequent opening occur during this time, within the same section, the next qualified ranking candidate may be offered that opening at the discretion of the audition committee.

ii.

Ranking Vote and Selection The committee shall vote for : 1st place, 2nd place, etc. The finalist winning the most ballots in each vote shall be awarded that ranking. The candidate ranked first shall be offered the position. If the candidate refuses the position, or does not accept within ten (10) days, the musician ranked next on the list shall be offered the position no later than the next business day.

iii.

Applicant for Position as Principal Notwithstanding anything in Article 15 to the contrary, an offer of a contract to a person for the position of Principal may be contingent upon receiving, within the ten (10) day period, references satisfactory to the Society and the audition committee from the previous employer of that person with respect to non-musical or non-artistic matters. The final decision will be made by the audition committee by secret ballot.

e.

Each audition committee member shall have only one (1) vote except: in the case of a tie in the semi-final round (if the Music Director is present) or the final round, when the Music Director shall cast the deciding vote after giving appropriate weight to the recommendations of the Musician members of the audition committee, or in the case of a Principal audition, the Music Director shall have two (2) votes in any round, plus the deciding vote in the case of a tie. in the case of a Concertmaster audition, the Music Director shall have four (4) votes in any round, plus the deciding vote in the case of a tie.

f. g. h.

Any opening in a titled position shall have a separate audition. All candidates shall be isolated from any audition committee until after the final votes in the final round have been counted. Audition Screen. All candidates shall audition behind a screen for all preliminary and semi-final rounds. Before the final round, a majority vote of the audition committee shall determine if the screen is removed.

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15.3

National Audition A. Initial Procedures 1. The Union shall be notified of the opening and the audition date. 2. Any tenured Musician wishing to audition shall be placed in the Final Round. 3. Members of Local 11-637 shall be guaranteed a spot in the preliminary auditions in the case of any resume screening. B. The Audition Committee may meet to establish guidelines, including use of tapes if desired, and review all applicants resumes. Decisions by the Audition Committee concerning applicants not invited after resume screening shall be considered final. The committee shall choose selections from the audition book for each round. National audition rounds shall be delineated as follows: 1. Preliminary Round All preliminary candidates shall be heard behind a screen in this round. 2. Semi-final Round Candidates advanced from the preliminary round shall be heard behind a screen in this round. This round may be eliminated if five (5) or fewer candidates are advanced from the preliminary round. The decision to eliminate the semi-final round may be made by the majority by secret ballot or show of hands, and means that the committee elects to move directly to the Final Round. 3. Final Round Any candidate advanced from the semi-final round (or preliminary round if no semifinal round is held) and/or any tenured Musician (automatically advanced) shall be heard in this round. Tenured musicians who elect to audition in the preliminary round, but who do not advance to the final round, may also be heard in this round. D. E. Voting (see Section 15.1.d.(2)) After the Final Round of any National Audition The winning candidate shall immediately be offered a contract, which must be signed by the winning candidate within ten (10) days of the offer. (see Section 5.3.c)

C.

15.4

Notification of Audition A. B. The national audition, to be held in Louisville, Kentucky, shall occur as soon as reasonably possible after any permanent opening occurs. Written Announcements (Ads) The Society shall also ensure that an announcement concerning the opening and audition date shall be submitted to the International Musician and the Union as soon as reasonably possible after the opening occurs. These announcements shall include
49

position(s) and starting date, whether the vacancy is a permanent or one (1) year vacancy, audition date, salary, benefits, audition deposit and shall state that Only qualified applicants need apply. The Society shall provide a copy proof of all ads to the L.O.M.C. 15.5 Auxiliary Audition A. Initial Procedures 1. Auditions for the Auxiliary List shall be offered at least once every three (3) years. Auxiliaries on the current Auxiliary List, although not required to re-audition each time an auxiliary audition is held, possibly may not retain their current ranking following the audition date and may also be removed from the Auxiliary Musician listing by the committee in attendance 2. The Union shall be notified of the audition no later than sixty (60) days prior to the audition date. 3. Any interested musician shall apply in writing to the Society no later than two (2) weeks before the audition date. 4. Auxiliary musicians who do not maintain agreement set forth by the Collective Bargaining Agreement and/or musical standards upheld by the Music Director and/or section Principal may be removed from the auxiliary list at any time. Final authority rests with the Music Director. B. Auxiliary Audition Committee 1. The purpose of the Auxiliary Audition Committee is to determine qualification to perform as extra or substitute musician with the Louisville Orchestra. 2. Members of the section involved and the Music Director (or designee per section 15.2.e.f.iii) shall be members of the Auxiliary Audition Committee. However, if there is only one (1) member of the involved section available, the principal of the involved section shall confer with the Music Director to choose one (1) other tenured Musician to serve on this committee. C. Voting. Section 15.1.d.(2) procedures shall be followed with the following modifications: 1. The audition committee shall have the option of completing the audition in (1) one round, and the audition shall be behind a screen; 2. Each candidate shall receive either a Qualified or Unqualified vote; and 3. Auxiliary List Ranking a. The audition committee shall first select those candidates who are qualified and then rank them on the Auxiliary List. Temporary openings, as they occur, shall be filled in the order of this ranking. Alterations in the Auxiliary List may be allowed if: i. Contract Musicians leave the Orchestra, Musicians advance to the final round of national auditions, or if Musicians qualified for one (1) year
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b.

positions and/or interim appointments request to be included on the Auxiliary List subject to the discretion of the involved Auxiliary Audition Committee and the Music Director. ii. The Auxiliary requests exclusion, and/or iii. Requested by the involved Auxiliary Audition Committee or the Music Director. iv. Final authority shall rest with the Music Director. 15.6 Committee Remuneration A. For any National and Auxiliary Audition each Musician member of any audition committee shall receive the following scale for each day, or portion thereof, when their attendance is required: 1. Up to two (2) hours $30.00 2. From two (2) hours up to four (4) hours $60.00 3. Beyond four (4) hours $75.00 B. 15.7 The audition committee, the Union Steward (or designee) and the representative of the Society shall mutually agree upon designated meal times.

Interim Advancement/Appointment A. An interim advancement shall be defined as a temporary change of position to fill a temporary vacancy (including full-year leaves), which is mutually agreeable among the Musician, the Principal of the section involved, and the Music Director. An interim appointment may be made by the Music Director in consultation with the Principal of the section involved. If there is no interim advancement and no qualified musician is available from the current Auxiliary List to substitute until the permanent opening is filled, an interim appointment may be made by the Music Director in consultation with the Principal of the String section involved or the entire Wind section, whichever is applicable, and the Chairperson of the L.O.M.C.

B.

ARTICLE 16. GRIEVANCE PROCEDURE AND ARBITRATION

16.1 Definition A grievance is any dispute relating to the interpretation or application of this Master Agreement or any other agreement in effect between the parties. A grievance may be initiated by a Musician, by the Union on behalf of a Musician or in its own interest, or by the Society. 16.2 Procedure on Individual Grievance A. Informal Step A Musician, prior to instituting a formal grievance, shall meet with an agent of the Society to discuss any grievance or other complaint relating to the Musicians employment (other
51

than a complaint arising under Article 13 Termination, Demotion, Probation and Resignation) within ten (10) days after the facts, upon which the grievance or complaint is based, first became known to the Musician. The Union Steward shall be present at such discussions. Any resolution of the grievance or complaint shall be consistent with this Master Agreement and shall not be binding upon the Union or any other Musician. If the Union is of the opinion that a complaint, which is a grievance within the definition of Section 16.1, has been informally resolved in a manner inconsistent with the terms of this Master Agreement, then the Union may institute a grievance under the provisions of Section 16.3 protesting such resolution. The Society shall reply within ten (10) days of the presentation by the Musician. B. Formal Step #1 If a grievance or other complaint is not resolved at the Informal Step, the Musician or the Union on behalf of the Musician shall formally present the grievance, in writing, to the Society within ten (10) days after the reply of the Society under the Informal Step. The grievance shall specify: 1. the Articles(s) and section(s) under dispute, and 2. the relief sought. The Musician or the Union shall meet with the Society within fourteen (14) days after the grievance has been presented to the Society. If the complaint is presented by the Musician on his/her own behalf, the Musician shall be accompanied at such meeting by a Union Representative and a representative of the Musicians own choosing (should the Musician so desire). The Society shall render a written decision on the grievance within fourteen (14) days of this meeting, and a copy of such decision shall be forwarded by the Society to the Musician and the Union. C. Formal Step #2 If the grievance is not resolved at Formal Step #1 (or if a Musician has been disciplined or terminated under the provisions of Article 13), this step may be invoked by the Musician or the Union by submitting a written appeal within fourteen (14) days after completion of Formal Step #1 (or after completion of procedures under Article 13). Within ten (10) days of this appeal, the Society and the Union shall convene an Appeal Board to consider this grievance. The Appeal Board shall include four (4) members as follows: 1. two (2) persons appointed by the Society who are members of the Board of the Society, but are not employed by the Society; and 2. two (2) persons appointed by the Union who are members of the Board of the Union but are not employed by the Society. All members of the Appeal Board shall vote by secret ballot either For or Against the Musician. The Appeal Board shall issue a decision within twenty-four (24) days after the time in which the Society is required to submit its written reply under Formal Step #1. A decision by a majority of the Appeal Board shall be final and binding upon all parties. Should a tie vote result or should the Appeal Board fail to provide a decision within the time allowed, either party may then proceed to arbitration (see Section 16.4) without further delay. The Appeal Board shall thereafter be precluded from acting on the matter.

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16.3

Procedure on Union or Society Grievance The Union or the Society may initiate a grievance on its behalf by submitting a written statement of the grievance to the other party within thirty (30) days after the facts upon which the grievance is based first became known to the filing party. The parties shall then proceed within fourteen (14) days of the presentation of the grievance to hold a meeting consistent with Formal Step #1 of this Article. A written answer to the grieving party shall be rendered by the other party within fourteen (14) days after this meeting. Both parties have the right to arbitration set forth within this Article.

16.4

Arbitration A. If a dispute is not resolved by the Appeal Board within the required time, it may be submitted to an Arbitrator for a final and binding determination. Arbitration shall be invoked by the Union or the Society, as the case may be, by notifying the other to this effect within twenty-one (21) days after the Appeal Board has become, or is considered to be, deadlocked. The Union and the Society shall jointly select an impartial Arbitrator. The fees and expenses of the impartial Arbitrator shall be shared equally by the Union and the Society. If the parties are unable to agree upon a procedure for selection of the impartial Arbitrator within seven (7) days after the demand for arbitration, the parties shall utilize the process of the Federal Mediation and Conciliation Service and shall be bound by the rules and procedures of that organization for the selection of an impartial Arbitrator and the conduct of the arbitration hearing. A decision of the Arbitrator shall be final and binding. In the event the Arbitrator shall determine that there has been a deliberate or willful violation of this Agreement by the Society or the Union, for which the usual make-whole remedies are not appropriate, the Arbitrator shall have the authority to fashion such remedy as the Arbitrator shall consider necessary to prohibit a repeated violation. However, the Union shall not be held to be responsible for the actions of individual Musicians acting without its authority. In any arbitration relating to discipline or dismissal for just cause, the Arbitrator shall have the authority, when the Arbitrator finds it appropriate, to modify the discipline imposed, including directing reinstatement with or without back pay; however, no such discipline shall be increased or more severe. A monetary award of the Arbitrator shall be paid with no later than thirty (30) days of the date of the award.

B.

C. 16.5

Final Resolution Any grievance not processed to the next step within the specified time limits shall be considered resolved. Should either party not comply with the time limitations provided in this Article, the other party shall prevail in the pending grievance.

ARTICLE 17. OUTSIDE EMPLOYMENT

17.1 Outside Employment Definition Extra work (other than regularly contracted Louisville Orchestra services) which becomes available during each contract year from an outside source, through telephone calls, or other communication with the Society shall be termed Outside Employment. (see Appendix B Definitions)

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17.2

Procedures A. In the event outside employment becomes available during each contract year, that work shall be equally distributed among the Musicians (except for requests that require specific style and/or instrumentation) and administered exclusively by the management staff. Payment 1. Payment shall be a minimum of fifteen percent (15%) of each Musicians applicable weekly salary up to and including two and one-half (2.5) hours of performance; and 2. Payment shall appear on each Musicians regular paycheck no later than twenty-one (21) days after the engagement is performed. 3. Service requests for more than two and one-half (2.5) hours shall be additionally compensated at five percent (5%) per thirty (30) minute increments according to each Musicians applicable weekly salary. 4. In the event no contracted Louisville Orchestra Musician is available, an ensemble may choose personnel from the Louisville Orchestra Auxiliary List, who shall be compensated at the applicable Auxiliary scale.

B.

ARTICLE 18. EDUCATIONAL SERVICES

18.1 18.2
Administration. Educational services shall be contracted and administered exclusively through the Society. Participation. Musicians shall perform in ensembles for educational and/or community engagement purposes. Musicians, in consultation with the Education Director, shall have the discretion to choose in which of these services they would participate. A. Up to four (4) education/community engagement services shall be mandatory for each Musician and each service shall be subtracted from the weekly and overall service count. In lieu of payment for the next six (6) services, Musicians shall receive six (6) personal services. (For Musicians participating in education ensembles, the first two (2) services may apply to an ensemble rehearsal and professional development service, as assigned by the Director of Education.)

18.3 18.4

Payment. Musicians will be paid for education/community engagement services at fifteen percent (15%) of Musician base weekly salary. Working Conditions A. Education/community engagement program design and performance will be overseen by the Education Director. It is understood that Musicians will be asked to participate in creating programs around music that is owned by the Musicians and/or the Society. Education/ community engagement services are to be treated as performances and are exempt from the following sections in the Master Agreement: Section 9.1.c., Section 9.1.j., Section 9.8.a.-o., Section 9.9 and Section 10.2.a.-b. Education/ community engagement rehearsals will be assigned as needed by the Education Director and will be exempt from Section 9.8 in the Master Agreement. It is
54

B.

C.

understood that Musicians will provide their own rehearsal space and coordinate all equipment, such as music stands, lighting, special seating, etc. needed for small ensemble services. D. 18.5 Education/community engagement services may last up to 2.5 hours each.

Education Service Presentation Formats A. Musician Presentation Structure 1. 2. B. Individual Ensembles

Presentation Location 1. Schools i. ii. iii. iv. v. vi. 2. Pre-School Elementary School Middle School High School College/University Adult Education

Community Organizations

C.

Presentation Formats 1. 2. 3. 4. 5. Live Performances Master Classes Lectures/Demonstrations/Informances Sectional Rehearsals Mentor/Teacher

D.

Student/Teacher Conferences

ARTICLE 19. AUXILIARIES

19.1 Definition (see APPENDIX B DEFINITIONS) An Auxiliary is a musician employed on a non contract basis. Auxiliaries shall be selected by the Auxiliary Audition Process and ranked on the Auxiliary List. (see Section 15.6) 19.2 Auxiliary Rights and Responsibilities 1. An Auxiliary (see Section 19.1) shall be represented by the Union with respect to work performed under this Master Agreement. An Auxiliary shall be entitled to the compensation and benefits specifically provided in this Article. All working conditions relating to services and tours shall apply to Auxiliaries.
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Auxiliaries shall be members in good standing of the Union. Auxiliary musicians who do not maintain agreement set forth by the Collective Bargaining Agreement and/or musical standards upheld by the Music Director and/or section principal may be removed from the auxiliary list at any time. Final authority rests with the Music Director. 19.3 Engagement of Auxiliaries The Society shall engage Auxiliaries from the Auxiliary List for the purposes of substitution or instrumentation requirements for all services relating to specific instrument(s) or part(s) and as outlined in the Agreement, including but not limited to, Sections 5.2.b, 5.2.c, 5.5.a, 15.4.b, and Appendix B Definitions: Permanent Opening. A. When a temporary position is available, Auxiliaries will be called in the order of their ranking on the Auxiliary List provided, however, that the Society and the Auxiliary musician may agree, in advance, to pass the auxiliary on the list for a specified period of time. In addition, in limited occurrences, Music Director or section principal may bypass the use of the auxiliary list entirely for an individual they deem suitable to the repertoire. The Society shall wait 24 hours for response once a call is placed to an Auxiliary to the purposes of hiring. A telephone log will be kept by the Society. When an emergency situation arises at the last minute and an Auxiliary musician is required, the Society has the right to waive the 24-hour rule and call down the Auxiliary List in rapid succession until contact has been made with an available musician. This will be done in consultation with the Principal of the section involved or the conductor if the emergency involves a Principal musician.

B. C.

19.4

Compensation A. When an Auxiliary is employed in a non-Principal position, he/she shall receive for each service twelve and nine-tenths percent (12.9%) of the weekly base scale in each year of this Agreement. When an Auxiliary is employed in a Principal position he/she shall receive move up pay in the amount of 3.18% of weekly applicable scale. Doubling shall be compensated as per Section 7.4.

B. C. 19.5

Electronic Media Sessions. For electronic media sessions, Auxiliaries shall be paid the then applicable and current American Federation of Musicians Phonograph Recording Agreement rate. Compensation for Tour or Run-out. When an Auxiliary is on tour or run-out, he/she shall be paid the appropriate compensation, listed in Section 19.4, of the weekly base scale for each service. Per Diem. Each Auxiliary shall receive the per diem allowance(s) provided to Musicians. (see Section 11.7)

19.6

19.7

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ARTICLE 20. STAND-BY

20.1 Application. The following is an outline of procedure for stand-by policy to be carried out by Musicians designated stand-by (but shall not supersede any provision of the Master Agreement. (see Article 9 plus Appendix B Definitions: Excuse, Rotation, and Stand-by) Notification of Absence A. Musician Notification Musicians notifying the Society that they will be absent from a service must notify the Society of the intended absence as soon as possible and no later than ninety (90) minutes in advance of the call time unless prevented from doing so by an emergency. B. Society Notification The latest notification to be given by the Personnel Manager to the stand-by Musician shall be fifteen (15) minutes before the call time, except in cases of emergency, when the notification may be given right up to the scheduled start of the service. If the standby Musician is not notified by the start of the service requiring the stand-by status that Musician is then excused from that service (see Section 20.6.a). C. Definition of Emergency Late notification of an absence by a Musician shall, in reference to this Article, be defined as an emergency. D. Telephone Availability 1. Musician responsibility Stand-by Musicians not at their regular phone number will provide the Personnel Manager with a telephone number at which they can be reached. 2. Society responsibility A phone number shall be available at all times to the Musicians on stand-by at which the Personnel Manager (or designee) of the Society can be reached in order to carry out the stand-by procedures. 20.3 Equal Distribution of Stand-by Duties A. B. C. Stand-by duties will be equally distributed within each section. No Musician will be required to play a part not specifically required in his/her individual contract, unless he/she agrees to rotate into that position. Assistant Principal Duties 1. Acceptance of an Assistant Principal String title assures that Musicians acceptance to rotate into the temporarily vacant Principal position in that Musicians section. However, an Assistant Principal Wind shall, if:
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20.2

2.

a. Also a third chair, additionally cover both the Principal and second part; or b. Also a second chair, additionally cover only the Principal part. 20.4 Edited Music Edited music shall be made available to the stand-by Musician(s) at the same time it is distributed to the remainder of the Orchestra. 20.5 Emergency Procedure In cases of an emergency, the Musician(s) on stand-by shall be given adequate time to reach the local service site. Record of tardiness will be waived for the stand-by Musician(s) if the request is received by the stand-by Musician(s) sixty (60) minutes or less before the scheduled call time. 20.6 String Stand-by A. Notification 1. If a Musician on stand-by is not notified by the start of the first service in a day (or earlier), the stand-by Musician is then excused from that service and any other related service on the same day, except when the second service is the related dress rehearsal or corresponding performance(s), for which the stand-by Musician will be on call for ninety (90) minutes before the dress rehearsal or performance. 2. If the days services are unrelated (i.e. different programs), the above notification procedure shall be applied to the second service as well; however, a Musician shall not be on stand-by for two (2) different programs within the same day. B. C. D. Stand-by duties shall be equally distributed within each section. String stand-by Musicians shall attend one (1) rehearsal for a program of up to two and one-half (2.5) hours in length. Titled Chair Substitution 1. At all times, including when on stand-by, Musician(s) holding section string positions shall be compensated an additional nine-tenths percent (0.90%) above his/her weekly salary scale for each service he/she agrees to perform when rotated into an Assistant Principal position. 2. Likewise, when a Musician holding a Section String position agrees to be rotated into a Principal position, he/she shall be compensated an additional two and onethird percent (2.33%) above his/her weekly salary scale for each service performed in that position. 3. Rotation of Section String Musicians into titled positions shall be determined by the Principal of the section involved, Music Director, and the members of the section involved. No non-titled string Musician shall be required to rotate into a titled position without his/her freely given agreement.

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4. If the same string Musician fills the same titled position for more than eight (8) contiguous services, that Musician shall receive the same current weekly salary as designated for the titled position being filled. 20.7 Assistant Principal Winds A. Determination. The Music Director in consultation with the Principal and section members of each woodwind section shall determine a member of each woodwind section to be given the opportunity to choose to be designated as Assistant Principal for Assistant Principal scale as stated in Section 7.1 of the Master Agreement. This Assistant Principal salary increase shall not include doubling compensation. Responsibility. The Assistant Principals responsibility is to be on stand-by during all services for the Principal part and their originally contracted position. In any case, the Assistant Principal, when present at a service, shall cover the part assigned by the Principal of his/her section. (see Section 20.3.c)

B. C.

20.8

Non-Assistant Principal Winds If the Third Chair Woodwind Musician is not designated as Assistant Principal: A. The Third Chair Woodwind Musician shall receive an additional seven-tenths percent (0.70%) above his/her weekly salary scale for each service when that Musician rotates into the Second Chair position. The Third Chair Woodwind Musician shall not unreasonably refuse to rotate into the Second Chair position when asked to do so by the Music Director. If a non-titled woodwind musician moves into the Principal position, they will receive an additional 2.33% of his or her weekly applicable salary.

B. C. 20.9 Brass A.

The Assistant Principal Horn position will receive the annual salary stated in Section 7.1 of the Master Agreement as designated for Assistant Principal positions. The salary for the Assistant Principal Horn shall not include doubling compensation. It will be the responsibility of the Assistant Principal Horn position to be on stand-by for all services. Assistant Principal Trumpet and Trombone 1. Determination. The Music Director in consultation with the Principal and section members of the trumpet/trombone sections shall determine a member of each trumpet/trombone section to be given the opportunity to choose to be designated as Assistant Principal for Assistant Principal scale as stated in Section 7.1 of the Master Agreement. 2. This Assistant Principal Trumpet/Trombone salary increase shall not include doubling compensation as stated in Sections 5.2.b and 7.4. 3. Responsibility. The Assistant Principals responsibility is to be on stand-by during all services for the Principal part and their originally contracted position. In any

B.

59

case, the Assistant Principal, when present at a service, shall cover the part assigned by the Principal of his/her section. (see Section 20.3.c) 20.10 Non-Assistant Principal Brass If the Third Chair brass Musician is not designated as Assistant Principal: A. The Third Chair Brass Musician shall receive an additional seven-tenths percent (0.70%) above his/her weekly salary scale for each service when that Musician rotates into the Second Chair position. The Brass Musician shall not unreasonably refuse to rotate into the next chair position when asked to do so by the Music Director. If a non-titled brass musician moves into the Principal position, they will receive an additional 2.33% of his or her weekly applicable salary.

B. C.

20.11 Auxiliary as Principal When Auxiliary moves into a Principal position, the Auxiliary shall receive an additional 3.18% per service above the applicable weekly salary

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APPENDIX A. DOUBLINGS
Each of the following is a separate instrument; an unlisted instrument is a separate instrument. Two (2) or more instruments constitute doubling unless otherwise stipulated. List is in score order.

Piccolo Flute Alto Flute Bass Flute Oboe Oboe d'amore English Horn E-Flat Clarinet Clarinet Bass Clarinet (may include Rubber Ducky) Basset Horn E-Flat Contra Alto/Bass Clarinet B-Flat Contra Bass Clarinet C Melody Saxophone Soprano Saxophone Alto Saxophone Tenor Saxophone Baritone Saxophone Bass Saxophone Bassoon Contrabassoon French Horn Alto Horn Wagner Tuba

Piccolo Trumpet Trumpet (may include Cornet) Flugelhorn Bass Trumpet Baritone Alto Trombone Tenor Trombone Bass Trombone Contrabass Trombone Euphonium Tuba Piano/Celeste Harpsichord Organ Harp Percussion/Drum Set Timpani Violin Viola Viola d'amore Violoncello Contrabass Mandolin Electric Bass

DRUM SET

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APPENDIX B. ABBREVIATIONS AND DEFINITIONS

ADDITIONAL SERVICE: A service scheduled during a contract week which is allowed by the L.O.M.C. and required of Musicians but is an exception to the normal scheduling provisions of this Master Agreement and compensated above scale. A.F.M.: American Federation of Musicians A.F.M.-E.P.: American Federation of Musicians and Employers Pension Fund APPEAL BOARD: A decision-making body formed and administered in accordance with Section 16.2.c. ARBITRATOR: An impartial individual selected in a grievance accordance with the provisions of Section 16.5. AUXILIARY: Any musician employed on a non contract basis. BOARD: The members of the Board of Directors of the Society. CAFETERIA PLAN: (see Flexible Spending Account) CANDIDATE: A person auditioning for a position in the Orchestra. CHORAL REHEARSAL: The Louisville Orchestra rehearsal, with the chorus present, of a choral or opera work (the performance time of which is two (2) hours or longer) which may last up to three (3) hours with a thirty (30) minute intermission or two (2) fifteen minute (15) intermissions. CONCERT: Any orchestral performance presented by the Louisville Orchestra. CONTRACT YEAR: In 2006-2007, the period is from September 1 through May 31 of the following year. From 2007-2011, the period is from June 1 through August 31 of the following year. DAY: A calendar day. DAY ROOMS: A hotel, motel, or equivalent room accommodation provided for non-local services as required in Section 11.5.a.(1). DEMOTION: A reduction to a lower chair position and/or scale level either as a voluntary action or as a result of demotion procedures in Sections 13.5. and 13.6. DOMESTIC TOUR: A tour within the continental United States. DOUBLING: Performance on two or more instruments during a service as required by the conductor or the part (see Appendix A) DRESS REHEARSAL: The final rehearsal preceding the performance for which the rehearsal was required. For Ballet and Opera runs, the final TWO (2) rehearsals shall be considered dress rehearsals. EARLY DEPARTURE: Travel departure from Louisville or lodging (local time) that is earlier than the time provided in this Master Agreement and if agreed to by the L.O.M.C. ELECTRONIC MEDIA SESSION: Any service by the Musicians which is electronically transmitted and/or copied in audio and/or visual format. EXCUSE: A list, posted no later than the Monday preceding the week in which the stated compositions are first to be rehearsed, will state which Musicians are required to be present at the specified services and which Musicians are to be designated as stand-by Musicians. That list shall be the official notification that those not specifically listed as required are to be excused from that/those service(s). EXTRA WORK: (see Outside Employment) FLEXIBLE SPENDING ACCOUNT: An account (pursuant to Section 125, IRS Code) to which the Society provides a contribution for each Musician. The Musician then determines the utilization of this account for expanded coverage or additional benefits such as child and dependent care, dental care, health insurance, and/or supplemental life insurance. FOREIGN TOUR: A tour outside the continental United States. FREE DAY: A day free of services, travel or other requests by the Society and not included in Vacation Days. (see also Rest Day)

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GRIEVANCE: Any dispute relating to the interpretation or application of this Master Agreement or any other agreement in effect between the parties. A grievance may be initiated by a Musician, by the Union on behalf of a Musician or in its own interest, or by the Society. HOLIDAY: A day pursuant to Section 9.7. INDIVIDUAL CONTRACT: The agreement between the Musician and Society of which this Master Agreement is a part. INSTRUMENTAL FAMILY: One of the four (4) basic groups of instruments including Woodwinds, Brass, Strings and Percussion. (see also Related Section) INTERIM ADVANCEMENT: A temporary change of position to fill a temporary vacancy, which is mutually agreeable between the Musician, the Principal of the section involved, and the Music Director. INTERIM APPOINTMENT: If there is no interim advancement and no qualified Musician available from the current Auxiliary list to substitute until the permanent Musician opening is filled, a temporary appointment may be made by the Music Director in consultation with the Principal of the string section involved or the entire wind section, whichever is applicable. INTERMISSION: Time off in a service without announcements during which no musical or other requests are made of the Musician. LATE ARRIVAL: Travel return to Louisville or lodging (local time) that is later than the time provided in this Master Agreement. LOCAL AREA: The area within a twenty (20) mile radius of the Jefferson County (Kentucky) Courthouse. LODGING: Overnight accommodations or day rooms (see Section 11.5) L.O.M.A.: Louisville Orchestra Musicians' Association L.O.M.C.: Louisville Orchestra Musicians Committee MEALTIME: A designated time span within which the Society makes allowance for meals. A "schedule-over" occurs when these times are not provided. MUSICIAN: A, B, and C contracted musicians employed by the Society during the length of this Agreement. NATIONAL AUDITION: An audition held for filling a permanent opening, and potentially a oneyear/possibly permanent opening. NON-LOCAL SERVICE: A service beyond the LOCAL AREA, defined in Section 11.2. NON-TITLED POSITION: Positions other than Principal or Assistant Principal. NON-PERMANENT OPENING: For temporary or one year openings, an appointment may be made by the Music Director and/or involved section. If no Music Director is in place at the time of vacancy, the decision to fill the position may be made exclusively by the involved section. OFFICIAL: A schedule designation, requiring Musician attendance, which has been agreed upon by both the Society and the L.O.M.C. OUTSIDE EMPLOYMENT: Work other than regularly contracted Louisville Orchestra services which becomes available during each contract year from an outside source, through telephone calls or other communication with the Society. (see also Extra Work) OVERTIME: The time worked by a Musician: (1) in excess of the normal service duration, or (2) beyond the time provided for a intermission or a rest stop. PARTIAL LEAVE VACANCY: The vacancy created when a Musician is on leave pursuant to Sections 12.3 and 12.4. PER DIEM: Meal allowance payment(s) as provided in Sections 11.7. PERFORMANCE: A service at which no preparatory work is done and at which the Musicians are required to perform for an audience. PERMANENT OPENING: A permanent opening occurs following the advancement, death, demotion (and final appeal), dismissal (and final appeal), resignation, or retirement of a Musician, or the addition of a position by the Society. All permanent openings must be filled immediately by an Auxiliary on the current Auxiliary list until the position is filled permanently through the audition
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procedure outlined in Article 15. If no qualified musician is available from the current Auxiliary list to substitute until the permanent opening is filled, an interim appointment may be made by the Music Director in consultation with the Principal of the string section involved or the entire wind section involved and the Chair of the L.O.M.C. Any Permanent Opening not filled immediately is an unfilled vacancy. REHEARSAL: Each service during which Musicians prepare for performances, concerts or electronic media sessions. REHEARSAL/PERFORMANCE: A service of two and one-half (2) hours duration of which the first portion is a rehearsal and the second portion is a performance, separated by a break of thirty (30) minutes duration. Neither portion shall exceed ninety (90) consecutive minutes in duration. (See also Split Service). RELATED SECTION: A section within the instrumental family. (see also Instrumental Family) REPLACEMENT MUSICIAN: A contract replacement chosen through a national audition to substitute for a Musician on a full-year leave. REST DAY: (see Free Day) REST STOP: Time off in non-rail ground travel during which no musical or other requests are made of the Musician. ROTATION: Services not requiring the attendance of certain Musicians which, in the string sections, shall be determined by the Rotation Administrator or, in the non-string sections, shall be agreed upon by the section involved. ROTATION ADMINISTRATOR: A string Musician elected by a simple majority of members of that section to implement and administer the rotation schedule for that section in accordance with Section 9.13.b. RUN-OUT: One (1) service performed outside of the LOCAL AREA but within 150 mile radius of the Jefferson County (Kentucky) Courthouse and within the travel limits of Section 11.6.b(4) for which the Orchestra leaves from and returns to Louisville, Kentucky without lodging being provided or required to be provided by the Society and terminates upon return of the Orchestra to the original departure point. SCALE: The weekly compensation of a Musician as determined by chair position and/or individual contract. SCHEDULED STARTING TIME: The officially scheduled starting time of a performance, which shall be the same as the time presented by the Media and as printed on the tickets. SECTIONAL REHEARSAL: Any rehearsal involving a group of instruments substantially smaller than that for which the work being rehearsed is scored. SENIORITY: The compensation received to reflect the number of years of contract employment by a Musician. SERVICE: A performance, rehearsal, rehearsal/performance or electronic media session. Services begin and rehearsals end as scheduled except for overtime. A performance (or dress rehearsal with audience) ends immediately following the last curtain call when the concertmaster rises to leave the stage or pit. SERVICES WORKED: Includes (1) all services in which the Musician actually performs, and (2) those services in which the Musician was excused under the provisions of Sick Leave or Bereavement Leave. SOCIETY: The Louisville Orchestra, Inc. SPLIT ORCHESTRA: When the Louisville Orchestra is split into no more than two (2) groups under the provisions of Section 9.16. SPLIT SERVICE: A rehearsal/performance or back-to-back education performances, tabulated as two (2) services, allowed under the provisions of Section 9.1.f. STAND-BY: When a Musician who has been rotated out of designated services makes himself/herself available to return to said service(s) under the provisions of Article 20.
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SUMMER SEASON: Consecutive contract weeks during or between June 1 and August 31 as scheduled by the Society. TARDINESS: Appearance after fifteen (15) minutes prior to the scheduled starting time of a service or directly prior to the downbeat of the work which requires that Musician, except when there are legitimate and unavoidable circumstances beyond the control of the Musician. Record of tardiness will be waived for the stand-by Musician if the request to appear at the service is received by that Musician one (1) hour or less before the scheduled call time. Three occurrences of tardiness in a calendar year, places the offending musician on probation for one calendar year from the date of the third occurrence. Reference section 9.12 TENURE: The non-probationary permanent designation of a Musician. TITLED POSITION: A Principal or Assistant Principal position. TOUR: One (1) or more services that involve one (1) or more consecutive nights during which overnight lodging is provided or required to be provided by the Society and terminates upon return of the Orchestra to the original departure point. TRAVEL: The time in a day from the scheduled departure to destination (either service or lodging) which includes layovers but does not include: (1) the time allowed for rest break(s)/stop(s) during road travel (see Section 11.6.b.(2)); and/or (2) the travel time between lodging and the service (see Section 11.6.b.(5)); and/or (3) stops for meals (see Section 11.7.g). UNION: Louisville Federation of Musicians, Local 11-637, American Federation of Musicians. VACANCY: An opening (temporary, partial or full-year) in a contract position. (see Section 5.5) VACATION: A consecutive period of not less than seven (7) days in addition to any adjacent, concurrent holiday(s) or Free Day(s). WEEK: The consecutive seven (7) day period beginning on Monday and ending on the following Sunday. WINTER SEASON: Consecutive contract weeks during or between September 1 and May 31 as scheduled by the Society.

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SIGNATORY PAGE
This agreement made and entered into as of the by and between THE LOUISVILLE ORCHESTRA, INC. (The Society) and THE LOUISVILLE FEDERATION OF MUSICIANS, LOCAL NO. 11-637, A.F.M. (The Union). Whereas the parties desire to enter into an agreement relating to wages, hours and other conditions of employment, which will provide harmonious cooperation between the Society and the Union, and to that end, accomplish fair and peaceful adjustment of all disputes which may arise. In witness thereof, the parties have hereunto subscribed to and executed this Agreement. SOCIETY: THE LOUISVILLE ORCHESTRA, INC. _____________________________________________________ Robert A. Birman, Chief Executive Officer UNION: AMERICAN FEDERATION OF MUSICIANS _____________________________________________________ Joe Spain, President A.F.M. Local 11-637 L.O.M.C.: LOUISVILLE ORCHESTRA MUSICIANS COMMITTEE _____________________________________________________ Kimberly Tichenor, Chair _____________________________________________________ Clara Markham _____________________________________________________ Trevor Johnson, I.C.S.O.M. Representative _____________________________________________________ Bert Witzel _____________________________________________________ Judy Wilson _____________________________________________________ Jonathan Mueller

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