GMMQ collective agreement
Between: THE GUILD OF MUSICIANS AND MUSICIANNES OF QUEBEC , a legally constituted professional union, having its principal place of business at 5445, av. De Gaspé, office 1005, Montreal (Quebec), H2T 3B2.
Hereinafter referred to as the “ GMMQ »
And: AMBIANCE MUSIQUE, a legally constituted non-profit legal entity, having its principal place of business at 230-2307 Boul. René-Lévesque Ouest, Montréal (Québec) H3H 1R7.
Hereinafter referred to as “ PRODUCER »
THE PARTIES TO THIS AGREEMENT AGREE AS FOLLOWS:
ARTICLE 1 PURPOSE OF THE AGREEMENT
1.1 This collective agreement is entered into under the Act respecting the professional status and conditions of engagement of performing, recording and film artists , RSQ, c. S-32.1 (hereinafter the “ Law "), following the recognition granted to the GMMQ by the Commission for the Recognition of Artists' Associations in its decision of November 25, 1991.
1.2 The purpose of this collective agreement is the remuneration and other working conditions relating to musical performances on stage provided by all musicians whose services are retained by the PRODUCER.
1.3 It is understood that the musician has the freedom to negotiate remuneration or working conditions more advantageous than those provided for in this collective agreement.
ARTICLE 2 RECOGNITION
2.1 Under the Act, the GMMQ represents all professional musicians, whether members or not, of the GMMQ.
2.2 The PRODUCER recognizes the GMMQ as the sole negotiating agent to represent the musicians in the negotiation of this agreement and its application.
ARTICLE 3 RULES OF INTERPRETATION
3.1 The collective agreement is subject to the laws of Quebec and is interpreted in accordance with them. The nullity of one of its provisions does not entail the nullity of the agreement.
ARTICLE 4 GENERAL PROVISIONS
4.1 The PRODUCER acknowledges that any request for a derogation from this collective agreement must be made in writing and sent to the GMMQ. Any derogation must be agreed with the GMMQ and the latter remains subject to the grievance procedure provided for in the Minimum Labour Standards Applicable in the Stage and Background Music Sector. Collective Agreement between the GMMQ and Ambiance Musique p. 2/22
ARTICLE 5 WORKING CONDITIONS
5.1 The PRODUCER undertakes to fully apply the Minimum working standards applicable in the GMMQ stage and background music sector (Minimum Standards ) in effect at the time of their productions, in the appendix to this agreement, subject to the following special provisions which take precedence:
5.2 Remuneration
Contrary to section 12 of the Minimum Standards , the fees paid to musicians hired for corporate events are one hundred and ninety dollars ($190). For all other types of engagements including rehearsals, the fees provided for in section 12 of the Minimum Standards apply.
5.3 Pension fund
The PRODUCER pays to the pension fund a contribution equal to fifteen percent (15%) of the minimum fees for any musician. However, the PRODUCER and the musician may negotiate a higher contribution up to a maximum of eighteen percent (18%) of the minimum fees. The percentage of the contribution must be the same for all musicians appearing in the contract. A cheque payable to La Caisse de Retraite des Musiciens du Canada to this effect must accompany the contract when it is filed with the GMMQ.
5.4 Exercise contribution
The PRODUCER deducts from the fee of each musician the practice contribution equal to three percent (3%) of the minimum fees. A check payable to the Guilde des musiciens et musiciennes du Québec or GMMQ for this purpose must accompany the contract when it is filed with the GMMQ.
ARTICLE 6 LOGO OF THE GUILD OF MUSICIANS OF QUEBEC
6.1 The PRODUCER undertakes, for its productions, to display the GMMQ logo in concert or show programs, advertising posters and television advertisements.
ARTICLE 7 DURATION OF THE AGREEMENT
7.1 The provisions of this collective agreement come into force upon its signature and remain in force for a period of one (1) year. Despite its expiration, this agreement continues to apply until the entry into force of a new collective agreement.
7.2 One of the parties may give, in writing and by registered mail, notice of its intention to undertake negotiations, within the one hundred and twenty (120) days preceding the expiry of the collective agreement.
The parties agree that this Collective Agreement is an agreement “ compromise » made without any admission, in particular with regard to negotiations or a possible arbitration of a first collective agreement between the PRODUCER and the GMMQ, and cannot be used by anyone before any negotiation table or civil or administrative tribunal whatsoever.