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2. The UNION agrees that during the term of this

agreement, those of its members accepting employment from the EMPLOYER shall do so subject to the terms and conditions of

this agreement.

[NOTE: Whenever the pronoun "he" or its derivatives is used in this agreement, it shall refer to both males and

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1. The EMPLOYER and the UNION shall not discriminate against any musician or prospective musician because of race, color, creed, sex, religion, national origin or age.

IV.

1.

UNION SECURITY

It shall be a condition of employment hereunder that all employees covered by this agreement who are members of the UNION on the execution date of this agreement shall remain members in good standing.

2. Those musicians who were not members on the execution date, shall, on the thirtieth day following the date of execution of this agreement, become and remain members in good standing.

3. All employees covered by this agreement who shall be employed on or after the date of execution of this agreement shall, on the thirtieth day following the beginning of such employment, become and remain members in good standing.

4. The EMPLOYER agrees to report to the UNION, within 10 days after employment commences, the name of every musician employed, stating the musician's name, home address, Social Security number, and first date of employment.

5. A musician who fails to become or to remain a member of the UNION as provided herein shall be dismissed by the EMPLOYER upon demand of the UNION.

V. WORK DUES CHECK-OFF

1. The EMPLOYER agrees to and shall deduct from the wages of each musician covered by this agreement, for and on account of union membership, local and AFM work dues in such amounts as are uniformly required by the UNION of all its members; provided, however, that no such deductions shall be made except pursuant to a written authorization from each musician employed hereunder allowing such deductions.

2. The EMPLOYER agrees to transmit to the office of the UNION monies deducted as provided herein no later than the fifteenth day of the month following the month in which the deductions were made, together with a list of the names of the musicians on whose account deductions were made.

VI. EMPLOYER RIGHTS

1. The EMPLOYER shall at all times have the exclusive right to supervise, direct and control the manner, means and details by which the musicians perform their services, subject to the provisions of this agreement.

2.

The EMPLOYER reserves the right to make reasonable rules and regulations for the conduct of his business, which shall be obeyed by his employees after due promulgation, provided that they are not inconsistent with the provisions of this agreement and/or the constitution and by-laws of the UNION and the APM.

3. No employee in the bargaining unit shall be discharged or otherwise disciplined except for just cause. Should the employee or the UNION disagree with the EMPLOYER as to just cause in a particular case, the matter may be submitted by either party to the grievance and arbitration procedure established by this agreement.

4. The UNION recognizes the EMPLOYER'S right as an orchestra leader to conduct his orchestra or to play an instrument at any time during the performance of an engagement. In the event the EMPLOYER shall play an instrument during the engagement, he shall not be included in any

determination of the minimum number of musicians to be employed.

5.

Auditions, showcases and engagements, the primary purpose of which is to display to potential clients of the EMPLOYER the abilities of the EMPLOYER'S orchestra, shall be permitted and treated as a regular commercial engagement with payment to be made to employees per applicable wage scale.

VII. UNION ACCESS

1. A representative of the UNION shall have access to the place of engagement covered by this agreement for purposes of communicating with the musician(s) performing the engagement. 2. Such consultation shall not in any way interrupt or interfere with the engagement in process.

3. Said representative shall be neatly attired and sha observe the civilities and decorum of the occasion.

VIII.

1.

DUTIES OF EMPLOYEES

Musicians shall report promptly to work.

2. Musicians' services shall not be assignable, and no substitution of musicians shall be permitted unless authorized by the EMPLOYER.

3.

Musicians shall be responsible for providing the

standard uniform of black tuxedo.

IX. OBLIGATIONS OF MEMBERS

1. Nothing in this agreement shall interfere with the obligations of any musician to the UNION or the APM.

X. REPORTS OF ENGAGEMENTS

1. The EMPLOYER shall file with the UNION the appropriate memorandum for each engagement covered by this agreement,

noting date, location, type, numbers and names of musicians and hours of employment. Such memoranda shall be filed prior to the engagement on forms provided by the UNION.

XI. WAGES, HOURS AND WORKING CONDITIONS

1. The Rules, Regulations, Wage Scale List, Constitution and By-Laws of the UNION and the AFM, in force on the date of execution of this agreement, and as subsequently amended or modified, shall be deemed a part of this agreement insofar as said Rules, Regulations, Wage Scale List, Constitution and By-Laws affect wages and working conditions of musician employees and are not in conflict with applicable law or with terms and conditions specified in this agreement.

2. The EMPLOYER hereby acknowledges receipt of copies of the current Rules, Regulations, Wage Scale List, Constitution and By-Laws referred to herein.

3. The EMPLOYER shall advise all musicians of the starting time of every engagement at least forty-eight hours in advance, and shall to the best of his ability, attempt to advise of the finishing time of said engagement as well. Musicians may be required to report to the place of engagement not more than fifteen minutes before the scheduled starting time of any engagement.

4.

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