Canadian Musicians Employment Status Archive

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Excerpt from LMA Board Meeting - December 13, 1999

New Business: The reading of the minutes of the previous executive board meeting was deferred. The President yielded the chair to the Vice-President to address the emergency situation at Orchestra London Canada (OLC). Last Thursday (Dec.9), the Orchestra London General Manager addressed the Orchestra Musicians on their afternoon rehearsal break. The musicians were informed that the Province of Ontario Employer Health Tax department had audited OLC and declared OLC, because it was an employer, to be liable for Health taxes retroactive to 1995. The total amount invoiced is approximately $130,000. OLC may appeal this decision because OLC musicians have, until now, been considered independent contractors, each of whom has a personal services contract with OLC. A similar situation arose 6 weeks ago in Windsor with their orchestra. Windsor, like OLC is appealing the decision. At present, a majority of the OLC Board of Directors feel the tax should be paid to avoid any personal liability exposure of the OLC directors. If this is done, then OLC may not have sufficient funds to make the bi-weekly payroll this Wednesday (Dec.15) for OLC musicians and staff. At present, OLC wants LMA to reopen the Master Agreement between LMA and OLC. The LMA Executive Board is unanimously opposed to re-opening the Master Agreement at this time. If new information is forthcoming from OLC the LMA board may reconsider this request but at this time OLC has provided no detailed financial information or fundraising plan to LMA that would warrant a reconsideration of the OLC request.

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