COMMERCIAL OFF BROADWAY AREA STANDARDS
August 16, 2006 -- August 15, 2009

AGREEMENT

Agreement made and entered into this ________day of____________, 20 ____, by and between Local 802, Associated Musicians of Greater New York, (hereinafter the “Union”) located at 322 West 48th Street, New York, New York 10036 and____________________________________________ (hereinafter the “Employer”) a corporation, having its office and principal place of business at ______________________________________________________________ for the production of _____________________________________________ being produced at_______________________________________________  (_____-seat theatre) located at ________________New York, NY _________.

The Employer hereby recognizes the Union as the exclusive collective bargaining representative for all musician/employees employed by the Employer, which musician/employees shall constitute the collective bargaining unit covered by the Agreement.

The Union recognizes the Producer/Employer as the employer of all musicians who perform in their productions.

A. The Employer agrees that all musician/employees who are members of the Union, as a condition of employment, maintain their membership in the Union. If they are not members they are to become members of the Union after the 30th day following the date of their employment and thereafter maintain their membership in the Union.

B. The Employer agrees to report to the Union the name, Social Security numbers and first day of employment of any musician/employees within five (5) days of hiring. The Employer agrees further that upon receipt of written authorization from each musician/employee to deduct from such musician/employee’s salary the amount of his/her Local 802 work dues (3.5%) and transmit same each week to Local 802 by no later than the 5th day of the following week.

C. The Employer shall provide one (1) hour for each of two (2) Union meetings. The purpose of these meetings is to give the Union an opportunity to discuss the provisions of this Agreement with the musicians and to elect a Union steward. The first meeting shall be within 5 days of the first cast rehearsal for rehearsal and audition musicians. The second meeting shall be within the first 5 days of orchestra rehearsals for orchestra musicians. The Employer shall provide appropriate space for these meetings at the rehearsal site. These meetings shall be contiguous with scheduled rehearsals and need not be compensated time.

D. A validation form shall constitute evidence of engagement of a musician, and a copy of the validation form shall be given to the musician and the Union. No musician shall perform unless a copy of the form is in his/her possession prior to the first rehearsal, except if Local 802 agrees otherwise.

A. The workweek shall consist of eight (8) performances or less Monday through Sunday with at least one day off each week. Performances shall be three hours or less. Time worked in excess of three (3) hours shall be compensated at the rate of time and one-half (11⁄2x) of the musician’s regular rate of pay. Each additional performance by a musician over eight (8) performances within the workweek shall be compensated at the rate of time and one-half (11⁄2x) of the musician’s regular performance rate of pay. A third performance on any day shall be compensated at time and one-half (11⁄2x) of the regular performance rate of pay.

B. All performances played on the seventh consecutive day of the work week, as defined in paragraph (A) above, whether or not in excess of eight performances, shall be compensated at the rate of time and one-half (11⁄2x) the regular performance rate of pay for musicians.

C. The time and one-half (11⁄2x) premium in Article A and B shall be paid to the musician actually playing the performance regardless of whether it is the regular musician or substitute.

D. If the Employer desires to change the show schedule, the Employer shall inform the Theatre Department of Local 802 at least two (2) weeks in advance of such a change.

E. If a performance is shifted to a holiday matinee or if a matinee is performed on a Monday which is designated a holiday by federal law, all musicians shall be paid at the rate of time and one-half (11⁄2x) for such shows.

IV. WAGE SCALES

A. The minimum weekly scale wage per musician shall be as follows:
Performance Salary (8 or fewer performances per week)

B. In the event that the production moves to a theatre covered by the collective bargaining agreement between Local 802, AFM and the League of American Theatres & Producers the terms and conditions of that agreement shall automatically attach to the production. In the event that a production moves to another, a new agreement for the production shall be negotiated. The Employer agrees to notify the Union at least two weeks prior to any such move.

In the event the parties are unable to reach agreement on the terms and conditions of employment at the new theatre, the prohibitions of Article XVIII hereof shall be suspended until an agreement is reached.

C. The Music Director/Conductor or Leader shall receive for performances and rehearsals the following percentages additional over and above the appropriate minimum weekly scale wages specified herein:

D. The Associate Conductor, if employed, shall receive for performances and rehearsals the following percentages additional over and above the appropriate minimum weekly scale wages specified herein:

E. A playing musician shall be designated house contractor where four to nine musicians are employed and shall receive twenty-five percent (25%) additional over and above the minimum weekly scale wage. A playing musician shall be designated house contractor where ten or more musicians are employed and shall receive fifty percent (50%) additional over and above the minimum weekly scale wage. If a playing musician is designated as a house contractor when fewer than four musicians are engaged, the premium shall be ten percent (10%).

F. Rehearsal and Audition Musicians:

1. For rehearsal and audition musicians not in conjunction with an orchestra, the scales shall be as follows:

a. Rehearsals and Auditions: Weekly (Forty- (40) hour/six- (6) day week with no more than eight (8) hours in any one day)

Rehearsal overtime shall be paid at time and one-half (11⁄2x) of the pro-rated hourly rate in half-hour segments or parts thereof.

b. Rehearsals and Auditions: Hourly (Called by the day for a minimum two- (2) hour call)

2. Orchestra rehearsals terminating no later than 7:00 p.m. shall be paid at the following rates per hour with a minimum two- (2) hour call.

Rehearsals terminating after 7:00 p.m. shall be paid at the performance rate or the hourly rates whichever is higher. Overtime after eight (8) hours in any day or after forty- (40) hours in a week shall be paid at time and one-half (11⁄2x) per half-hour or part.

3. A dress rehearsal shall be paid at the performance rate.

4. A one- (1) hour rehearsal just before or just after a performance shall be paid at the minimum rate of $34.00.

5. All musicians or substitutes that play an instrument during any rehearsal must be paid for the entire rehearsal pursuant to this section.

G. Premium wages:

1. a. No member of an orchestra or stage band shall perform on more than two instruments (related or unrelated) during a performance unless he/she receives additional compensation at: 6 1⁄4% above the minimum scale wages for each additional instrument.

b. No member of an orchestra or stage band shall perform on more than one instrument (related or unrelated) during a rehearsal unless he/she receives additional compensation at: 12 1⁄2% above the minimum scale wages for the first additional instrument and 6 1⁄4% above the minimum scale wages for each additional instrument.

2. The designated player serving as the Librarian on a production shall be compensated at 6 1⁄4% above the minimum wage scales. The librarian payment shall apply through the official opening or the 16th performance. Thereafter the librarian duties shall become part of the responsibility of the playing contractor without additional compensation. If there is no playing contractor, the librarian premium shall continue to be paid to the designated player serving as librarian only in weeks when such services are required by the Employer.

3. If a synthesizer instrument is utilized in the production, a premium of twenty-five percent (25%) of the minimum wage scales shall be paid to each musician playing said instrument. If the keyboard is utilized for cast rehearsals as a piano only, the synthesizer premium shall not be paid. If the drummer/percussionist is not utilizing his drums as a synthesizer, the synthesizer premium shall not be paid. Any controversy regarding this shall ultimately be a Local 802 determination.

4. Any additional pay for playing musicians provided for under the terms of the Collective Bargaining Agreement between The League of American Theatres & Producers, Inc. and Associated Musicians of Greater New York, Local 802, AFM, AFL-CIO, Schedule A, shall be paid at 30% of the rates therein: i.e. "visible on stage, in costume, body paint" etc. However, where there is no pit or seating options, except on the stage, the musicians shall receive no additional compensation.

5. Each playing musician who has the burden of maintaining his/her instrument shall be paid an additional $25.00 weekly for instrument maintenance commencing with 1st week of performances. As of the first week of the 6th month of performances the playing musician who has the burden of maintaining his/her instrument shall be paid an additional $50.00 weekly for instrument maintenance.

6. Nothing contained in this article shall prevent any individual from negotiating a wage in excess of minimum scale.

H. Other conditions:

1. The Employer shall be responsible for furnishing all keyboards, electronic (e.g. synthesizers, amplifiers and loudspeakers) and percussion instruments. If keyboard, electronic or percussion instruments are required to be supplied by a musician, the Employer will pay the musician a negotiated fair rental fee. Musicians shall be reimbursed for the actual cost of transporting cartage instruments.

2. Cartage instruments are defined as: Cello, Double Bass, Contrabassoon, Bass Clarinet, Baritone Saxophone, Bass Trombone, Tuba, Sousaphone, and/or amplifier, Celesta, Drum Set, Electronic Musical Set-ups, Harp, Harpsichord, Keyboard, Marimba, Timpani, Vibraphone, Xylophone and other comparably bulky instruments.

A. As of the 7th week of performances, the Employer shall pay the sum of four percent (4%) of the weekly gross salary to each musician as vacation pay during the term of their employment.

B. Each musician shall have the right to choose the time of his/her vacation, provided, however, that not more than one musician may take a vacation at any one time without the consent of the employer. Two weeks written notice must be submitted to the conductor prior to taking a vacation of one week or more.

A. The Employer agrees to contribute into the Musicians’ Local 802 Health Benefits Plan (HBP) an amount consistent with the schedule in Section (C) of this Article on behalf of all its musician/employees in order to provide health benefits for said musician/employees in accordance with the rules and regulations of the said plan and shall be contributed on behalf of musician/employees when on vacation or absent due to illness (up to two (2) weeks or sixteen (16) performances).

B. The Employer agrees to be bound by the provisions of the Agreement and Declaration of Trust of the Health Benefits Plan (HBP) Local 802 and the Trustees of the Musicians’ Local 802 Health Benefits Plan Fund, as amended.

C. Contributions shall be in accordance with the following schedule of dates and amounts, and mailed to Local 802 AFM at 322 West 48th Street, New York, NY 10036 along with the names of covered musician/employees no later than two (2) weeks after each payday.

D. Effective January 1, 2006 through December 31, 2006 performance and rehearsal musicians shall receive a health benefit contribution of $7.25 per call per musician capped at $58.00 per week per musician.

E. Commencing January 1, 2007, if the Trustees of the Fund increase eligibility requirements, the Employer agrees to increase the contributions by the same percentage as the eligibility requirements for Plan A are increased.

A. Paid time off for sick days shall be accumulated at the rate of one performance for every 48 performances worked.

B. The musician shall be responsible for notifying the employer of any illness requiring him/her to be absent from work.

A. The Employer agrees to contribute an amount equivalent to nine percent (9%) of each musician/employee’s wages as defined in Article IV (wages) and V (vacation) of this Agreement (which shall be considered to be scale wages) to the American Federation of Musicians and Employers’ Pension Fund.

B. All contributions to the Fund shall be made by check payable to the "American Federation of Musicians and Employers’ Pension Fund." All such checks shall be accompanied by a remittance form identifying each musician for whom a contribution is made, the musician/employee’s name, social security number, date(s) of engagement for which pension is paid, scale wages on which pension is paid and the amount of pension. The check and remittance information shall be transmitted to Local 802 AFM for forwarding to the Fund within ten (10) days following the rendering of services for which such contributions are payable. If the Employer is unincorporated, no contributions will be paid on behalf of any owner or part owner of the Employer.

C. The Employer agrees to be bound by The Agreement and Declaration of Trust establishing The American Federation of Musicians and Employers’ Pension Fund, as it may be amended from time to time, which is incorporated by reference into this Agreement.

All musician/employees are to be considered as employees for the purposes of Social Security, unemployment insurance, workers’ compensation and all other withholding and insurance benefits under current law.

X. WORKING CONDITIONS

A. There shall be a five- (5) minute rest period in each hour of rehearsal or at least a ten (10) minute break at the end of one and one-half hours.

B. The Employer shall use its best efforts to maintain the temperature in the theatre at 65° - 75° degrees Fahrenheit.

C. Adequate lighting shall be provided for each musician, including rehearsal musicians.

D. Pianos in the theatre shall be tuned and properly maintained.

E. Employer/Producer shall provide and maintain a safe and sanitary workplace, rest rooms, a secure locker or dressing room and storage for instruments.

A. Musician/employees shall receive one week or eight- (8) performance notice of closing or layoff. The Union shall receive written notice of closing or layoff. If a production has a temporary layoff due to poor business, musician/employees shall be guaranteed run of the show, but no less than two weeks employment upon reopening.

B. If a rehearsal is cancelled with less than forty-eight (48) hours notice, the musician shall be paid as if he/she worked the rehearsal. Following the first performance when rehearsals are called, the Employer may cancel a rehearsal with 24 hours notice without payment to the musicians for an emergency or event that is out of the Employers control, however the burden of proof is on the Employer to present to the Union.

C. The first public performance may be delayed with out penalty with two weeks notice. Cancellations of performances shall be paid as scheduled.

All musician/employees, including all music preparation musicians, are hired for the run of the show. In the event a musician/employee leaves the show or is justifiably dismissed, another musician playing the same instrument(s) who will also have run of the show will fill his/her position. In the event of a cast album, the members of the current orchestra shall be offered employment. In the event of a radio or television commercial and/or taping for radio or television broadcast, the members of the current orchestra shall be offered employment provided that their instruments are utilized. Music preparation musicians who performed services for the production shall be offered right of first refusal for any additional services required for such recording. All recordings, tapings or other electronic media uses shall be paid for at the appropriate Local 802 or AFM scales for such uses. In the event that a show moves to another theater or to Broadway, the regular members of the orchestra last engaged shall be offered employment if their instruments are utilized in the new production. Music preparation musicians who performed services for the production shall be offered right of first refusal for any additional services required if the show moves to another theatre or to Broadway.

Each musician/employee may substitute another musician acceptable to the Employer from a pool of up to five (5) substitutes, which shall be maintained by the musician/employee. Substitution shall be limited to no more than fifty percent (50%) of performances. During the first twenty-four (24) public performances, a regular member’s right to send in a substitute may be withheld. In addition, the right to send in a substitute may be withheld during the eight (8) performances prior to the official opening (and any other performances at which the critics shall be present, provided seven (7) days notice to the musicians is given) and the seven (7) performances following the official opening. Reasonable substitutions shall be allowed during performances occurring between the twenty-fourth (24th) public performance and the eighth (8th) performance prior to the official opening in order to enable musicians to fulfill engagements for which they have made prior business commitments. Thereafter the fifty percent (50%) rule shall apply.

A. When a musician is employed for group sales or event promotions, the musician shall be paid a base scale wage of $32.50 per hour for such event for a minimum of two hours. Overtime shall be paid in one-half hour segments at pro rata the hourly rate.

B. Rehearsals for such events shall be paid at the applicable rehearsal rate as set forth herein.

Discrimination against any musician because of race, religion, sex, ethnic background, political affiliation, age, sexual orientation or union activity is prohibited under this Agreement.

The Employer shall have the right to dismiss musicians for just cause. Any dispute over dismissal shall be subject to the grievance procedure provided in Article XVII herein.

Any and all disputes arising between the parties (grievance) shall be resolved as follows:

A. Such grievance shall be discussed by the Union and the Employer.

B. In the event that the grievance is not resolved within 30 days after it has first been presented, either the Employer or the Union may submit the matter to arbitration before the American Arbitration Association in New York City and conducted pursuant to the Voluntary Labor Arbitration rules of the Association.

C. The decision of the arbitrator shall be final and binding upon the parties and their members. In the event of a dismissal or other disciplinary action which causes a musician to lose wages or his/her chair, the arbitrator shall award full back wages and reinstatement if it is determined that such disciplinary action was not justified. The cost of any arbitration shall be borne equally by the parties.

D. In the event of a dismissal for alleged artistic reasons the musician shall continue in his/her chair until and unless the dispute is settled in favor of the Employer.

The Union agrees not to conduct, cause or permit any strike or picketing against the Employer, during the term of this Agreement, except for failure to pay wages when due or Health Benefits or Pension contributions within ten (10) days after such health benefits or pension contributions become due.

The Employer agrees not to lock out musician/employees during the term of this Agreement.

Union Business Representatives shall be permitted to visit the theatre to monitor contract enforcement provided, however, that they shall not interfere in any way with a performance or rehearsal, and provided further that Union Representatives shall be neatly attired and shall observe the civilities and decorum of the occasion.

The Constitution, Bylaws, rules and regulations of Local 802 and the American Federation of Musicians are hereby incorporated and made a part of this Agreement as if specifically set forth herein but only to the extent that such Constitution, Bylaws, rules and regulations are not contrary to or in violation of any provision of this Agreement or law.

The Employer will not engage any investor in the show as a musician, instrumentalist, conductor, leader, contractor, and/or personnel manager, arranger, copyist or librarian. The Employer further agrees that investment includes any money invested through or under the name of a corporation or other business entity and/or agent, nominee or member of the family of any investor.

A. Employer shall post with the Union a bond equal to two week’s wages, pension and health benefits for the orchestra and a bond sufficient to cover two week’s anticipated Music Preparation wages, pension and health benefits, if applicable, prior to the first day of employment or $5,000, whichever is higher.

B. An additional sum of $500 shall be charged by the Union should it be called upon to deduct money from the bond.

The minimum number of musicians for this production shall be that for which it is scored. Once the show begins orchestra rehearsals, the instrumentation may not be reduced. There shall be no use whatsoever of any virtual orchestra machine.

A. All arranging, orchestration, copying and other music preparation services shall be paid for according to a percentage of the General Price List. Percentages as follows:

B. 1. If the music prepared under this agreement is used in a larger theatre (up to 499 seats) or for rental publication, the additional 20% of General Price List rates (and appropriate pension and health benefits contributions) shall be paid to all music preparation musicians employed under this agreement.

2. If the music prepared under this agreement is used in a theatre of 500 or more seats, the difference between the amount paid under this agreement and those specified in the larger theatre’s agreement (and appropriate pension and health benefits contributions) shall be paid in full to all music preparation musicians employed under this agreement.

3. If the music prepared under this agreement is used in a Broadway production, the difference between the amount paid under this agreement and the amount required by the Local 802/League of American Theaters and Producers Collective Bargaining Agreement (the Broadway agreement), including appropriate pension and health benefits contributions shall be paid in full to all music preparation musicians employed under this agreement.

C. In the event that a Broadway production is staged, the Broadway agreement shall apply.

D. No music prepared under this agreement may be used in any electronic or recorded medium without payment of the appropriate Local 802 or AFM scale for such use.

E. All Music Preparation Services for productions presented pursuant to this agreement, from the pre-production period through the closing date of Employer’s production including recordings, cast albums and electronic medium produced during such period under the control of the Employer, will be rendered by the original Music Preparation personnel, provided such personnel are available.

In the event the Employer sells, transfers or assigns his/her/its rights to a production, both the original Employer and any transferee or assignee shall be individually and jointly liable for the complete performance of this Agreement. A successor shall be defined as any person(s), corporations, partnerships or other legal entity which receives the rights of the Employer to present the production for public performance, whether or not said entity hires a majority of the former musicians.

A. No performance shall be recorded, reproduced or transmitted in any manner whatsoever from the place of performance or any other location unless there is a specific written agreement with Local 802 or the American Federation of Musicians (AFM) relating to and permitting such recording, reproduction or transmission.

B. No musician/employee shall be discharged or penalized in any manner whatsoever if said musician refuses to play or work on a recording, reproduction or transmission of any kind for which there is no written agreement with Local 802 or the AFM.

In the event the Employer or its successor (as defined in Article XXV of this Agreement), mounts another production of this show within Local 802’s jurisdiction, the Employer agrees that the musician/employees of said production shall be engaged pursuant to an agreement with Local 802.

In the event that one or more clauses or terms of this Agreement are found to be in violation of the law, all remaining clauses and terms shall remain in full force and effect.

A. The Employer agrees to insert the following line into the program: "The Musicians employed in this production are members of and represented by the Associated Musicians of Greater New York, Local 802 of the American Federation of Musicians" and to include the logo of Local 802. Local 802 shall provide the logo.

B. The names of the regular orchestra members will be included in the Playbill listing in a type no smaller than that afforded the understudies’ listing immediately preceding the "Who’s Who in the Cast."

C. The Employer agrees that if the cast is introduced, the musicians will also be acknowledged and when possible, the conductor individually.

The duration of this Agreement shall be August 16, 2006 through August 15, 2009 except for Article XII, IDENTITY WITH THE PRODUCT, Article XXV, SUCCESSORS and ASSIGNS and Article XXVII, OTHER PRODUCTIONS, which shall remain in effect for three years following the ending date of this agreement. Sixty (60) days prior to the termination date of this Agreement either party may contact the other for the purpose of negotiating a new agreement.

Once this Agreement is fully executed it will be subject to the ratification of the Local 802 Executive Board. The Employer will be notified of said ratification.