John A. Walz, Jr. - Page 5

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          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              






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