By Matt Heller, Una Voce editor
Thunder Bay Symphony Delegate Michelle Zapf-Belanger asked:
Do your contracts, or current practices, allow for a musician retiring at the end of the season to sit on an audition committee for their own replacement?
While Michelle’s question pointed specifically to retiring musicians, some Delegates discussed the potential for probationary or non-renewed musicians to take part in auditions. Adding to the confusion, in some places, a retiring musician is referred to as a “non-renewed musician”.
This might seem like a simple yes/no question, but it drew out some interesting nuance and discussion. And at least one orchestra has a “third way”, allowing retiring musicians to act as non-voting consultants to the audition committee – read on to find out where.
1. It can’t happen here.
COC, ESO, NBO, OSM, Victoria, VSO
From Victoria's CBA --
No musician may serve on any Auditions Committee if they are retiring or resigning from the orchestra or are subject to non-renewal proceedings pursuant to Article 10.
No musician may serve on any Auditions or Review Committee if they have a conflict of interest with respect to any candidate. Any dispute regarding a perceived conflict of interest will be referred to the Local.
- Bob Fraser, Victoria Symphony Delegate
From the Edmonton Musicians Association / Edmonton Symphony Society agreement:
Notwithstanding the provisions of 11.7 (which lists the audition panel members), no Player on notice of non-renewal may serve on the Audition Committee and any Player so excluded will be replaced by a Player in the next seated position in their section.
Notice of non-renewal means a Player who has given or received notice of non-renewal. Personal opinion: why would anyone even consider letting a musician who will not have any further involvement in the orchestra have a say in new members?
- Donald Plumb, ESO Alternate Delegate
A possible reason could be for a one person section like the harp or tuba, perhaps the outgoing member’s insight could be valuable, whether they can vote or not.
- Scott Robinson, OSQ Delegate
This is from the National Ballet agreement (in addition to a Conflict of Interest clause):
It is understood that a non-tenured musician, a musician who is resigning from the Orchestra, or a musician who has received a notice of dismissal may not serve on an Audition Committee. All musicians may serve on Audition or Review Committees except Third Bassoon.
- Maria Pelletier, NBO Delegate
2. Nothing prohibits it, though it still might get complicated.
OSQ, RSO, Winnipeg SO, SNS
SNS has no language addressing that situation. We probably should.
- Ken Nogami, SNS Alternate Delegate
In the OSQ agreement nothing prohibits this, a musician who has given notice retains their rights and responsibilities until the effective date of their retirement – though a musician who has received a notice of non-renewal may not participate on Audition Committees.
- Scott Robinson, OSQ Delegate
Here is what our CBA has in Winnipeg:
Vacancy on Committees - should a vacancy occur for any reason on any of the above committees, same shall be filled by a Musician appointed by the balance of the audition committee. In all cases there shall be at least one (1) Musician present on the committee representing the section in which the vacancy exists.
Notwithstanding the above, any Musician who is non-tenured, excepting the Concertmaster, or who has received a notice of disengagement (article 13.5) shall not sit on any committee except with the consent of the audition committee in question.
- Alex Whitehead, Winnipeg Symphony Delegate
Closest thing the Regina Symphony Orchestra CBA includes is:
No tenured musician may serve on the Audition Committee where that musician’s participation would compromise the integrity and impartiality of the process, or would create an appearance of partiality. Such conflicts of interest include, but are not limited to, situations where the tenured musician has or has had a dating, familial, domestic, or similar relationship with the candidate. Any person who has been identified as having a potential to violate the above criteria shall be brought to the attention of the Union Steward and Executive Director, who will decide in collaboration if the person is eligible for serving on the Audition Committee.
- Simon Fryer, RSO Delegate
3. Retiring musicians can be involved in some cases, but not as voting members.
CPO
Here’s our clause in Calgary:
In addition, a Musician whose position is being filled may not serve on the Audition Committee for his/her own replacement except for the case of a vacancy created by that Musician’s promotion within the Orchestra. Should the Audition Committee wish, the Musician vacating the position may be asked to attend the audition for their replacement as a non-voting consultant, with the permission of the Association and the Society.
- Michael Hope, CPO Delegate