- 4 -
over the personnel in the cello section and some input as to the
rest of the orchestra.
Petitioner worked for the Long Beach Symphony (Symphony) for
20 years under conditions similar to those of the Opera.
Petitioner is hired for his “interpretive abilities” but is
subject to the unifying influence of the conductor. Petitioner
did not hold himself out to the Opera as an independent
contractor. Petitioner was paid for each performance by an
hourly wage set by union contract. Petitioner did not submit a
bill to the Opera for services rendered. Petitioner said the
union contract specified that the “principal gets scale and half,
and I was able, because of my reputation, to request double
scale”.
Petitioner also provided background music for motion
pictures. The movie companies would instruct him when to come
and perform. The movie companies provided him with the music.
There are no rehearsals because “rehearsing and recording is all
done as part of the same session.” He could not leave the
performance at will. Petitioner did not submit bills to the
movie companies, except bills were submitted for cartage (“extra
money * * * for lugging around large instruments”).
A representative for the Opera testified that the Opera
withheld taxes, made contributions to petitioner’s pension plan,
and that the contributions were mandatory under the collective
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011