INDUSTRIAL FILMS AGREEMENT
(Non-Theatrical, Non-Television)
December 1, 2005 - November 30, 2008
WAGE SCALES, HOURS OF EMPLOYMENT AND WORKING
CONDITIONS
1. RATES AND CONDITIONS
The following special rate for recording musicians for
industrial films for non-theatrical, non-television exhibition and distribution,
has been established:
|
|
Minimum two (2) hours
service per side musician |
$195.39 |
|
|
Overtime, per 15 minutes or fraction thereof, per
musician |
$ 24.42 |
|
One
musician playing alone, double side musician scale. |
Overtime must immediately follow a regular
session. All hours not continuous will be charged as additional sessions.
A musician may be required to remain up to one
(1) hour beyond the minimum two (2) hour call. The first one-half (1/2) hour of
such "hold" period shall be paid at the basic hourly rate in fifteen
(15) minute increments. The last one-half (1/2) hour of such "hold"
period and any subsequent time until dismissed shall be paid at the applicable
premium rate.
A. LEADER
The minimum pay, per session, for leader
shall be double the minimum rate of pay applicable to the sidemusician
employed in the session.
B. NIGHT PREMIUM
Work performed between 8:00 P.M. and
midnight shall be paid at twenty (20) percent additional penalty. Work
performed after midnight shall be paid at double time.
C. ORCHESTRA
MANAGER/CONTRACTOR
If ten (10) or more recording musicians
including leader are employed for any session, an orchestra manager
(contractor), who is a member in good standing of the Federation, shall be
employed for said session. He/she may be one of the recording musicians. It
shall be the duty of the orchestra manager (contractor) to see that all
musical activities conform to this agreement. He/she shall be physically
present at all recording sessions during the entire engagement. The minimum
pay shall be double the minimum rate of pay applicable to the non-doubling
side musicians employed in the session but, in any event, the scale for any
person performing both as an orchestra manager (contractor) and a recording
musician shall not exceed twice such recording musician’s non-doubling
scale. The orchestra manager may not be required to function as a sound
consultant or conductor.
2. REST PERIOD
Intermission of ten (10) minutes per hour
away from stand must be given on all engagements, with the understanding that it
means ten minutes from the time musicians leave stands until they return and are
ready to play. The Employer is privileged to accumulate two rest periods.
3. DOUBLING RATES AND CONDITIONS
FOR RECORDING MUSICIANS
(1) When one or more doubles are played by
any instrumentalist in any one session and the overtime related thereto, for the
first double, the instrumentalist who doubles shall be paid not less than 50
percent extra of the minimum rate otherwise applicable for the session and the
overtime related thereto, plus an additional 20 percent extra of such minimum
rate for each double beyond the first.
(2) The following are not construed as
doubling:
(a) piano with celeste (when furnished)
(b) instruments within a drummer’s
regulation outfit (bass drum, snare drum, pedal cymbals, gongs, sleigh bells,
wood blocks, and small traps)
(c) xylophones with vibraharp, or bells, but
only when no other instruments are played
(d) electronic devices: If an electronic
device (e.g. multiplex, divider, maestro, multiplier of octaves) is used to
simulate sounds of instruments in addition to the normal sound of the
instrument to which such electronic device is attached or applied, such use of
the electronic device shall be treated as a double.
4. SATURDAYS, SUNDAYS AND
HOLIDAYS
Double time scale shall prevail for work on
Saturdays, Sundays and the following legal holidays.
-
In the United States: New Year’s
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day.
-
In Canada: New Year’s Day, Good
Friday, Easter Monday, Victoria Day, Dominion Day, Labour Day, Thanksgiving
Day and Christmas Day.
5. CARTAGE
Whenever the Producer requests a musician to
bring a heavy instrument to a recording session, the Producer shall specify
whether the musician shall transport such heavy instrument either by public or
private transportation and public transportation shall be used if it is the only
practicable manner of transportation. If a public carrier is to be used, the
Producer shall have the option of designating the public carrier qualified to
transport musical instruments. If the instrument is delivered by the designated
public carrier, the Producer shall pay the cartage bill of the designated public
carrier. If the musician chooses to use a carrier other than that designated by
the Producer, the Producer shall not be liable for a cartage bill greater than
the rate charged by the designated carrier.
-
Harp - $30
-
String Bass, Tuba, Drums, all heavy or
bulky amplifiers, Baritone Saxophone, Cello, Bass Saxophone, Contra Bass
Clarinet, Contra Bass Bassoon, Accordion, Baritone Horn and Contra Bass
Trombone - $12.00 each .
6. ELECTRONIC INSTRUMENTS
Electronic instruments may not be used for
the purpose of displacing sections of traditional musical instruments. However,
electronic instruments may be used creatively for the unusual sound these
instruments are capable of producing. Such instruments may also be used by a
musician(s) in connection with an established performance.
7. HEALTH AND WELFARE FUND
CONTRIBUTION (NON-SYMPHONIC)
The Company will contribute to the lawful
Health and Welfare Fund presently established by any Federation Local and
commencing thirty days after notice in writing, the Company will contribute to
any other lawful Health and Welfare Fund established by any other Federation
Local, the sum of $21.00 effective December1, 2005 for each original service
performed within the jurisdiction of such Federation Local by each musician
covered by this agreement.
With respect to any such original service
performed within the jurisdiction of a Federation Local where no such Fund is
established, the Company shall pay to each such musician said sum of
$21.00 effective December 1, 2005. In the case or arrangers, orchestrators and
copyists, an original service will be considered as a calendar day.
No such health and Welfare Fund contribution
whether paid to any Fund or paid directly to a musician shall be the basis for
computing the applicable AFM-EP contribution or any other payments under this
agreement such as doubling, overtime, premium time pay, etc.