MEMORANDUM OF AGREEMENT - American Guild of Musical Artists

MEMORANDUM OF AGREEMENT
by and between
BALLET THEATRE FOUNDATION, INC.
d/b/a AMERICAN BALLET THEATRE
and
AMERICAN GUILD OF MUSICAL
ARTISTS
(December 13, 2011)
Except as set forth below the terms and conditions of the collective
bargaining agreement for the term of August 1, 2007 through July 31, 2011 shall
continue in full force and effect:
1. ARTICLE 15 DEFINITIONS. Revise as follows:
(a) Rehearsal Week - The term “Rehearsal Week” shall mean a “week”
(seven consecutive days) commencing on the first rehearsal day of the Employer
running for seven (7) consecutive days Monday and ending on the following
Sunday during which no performances are given, it being understood that a Rehearsal
Week consists of not more than thirty (30) “Regular Rehearsal Hours” per week or not
more than six (6) “Regular Rehearsal Hours” per day within a 9-hour span. Sunday and
Monday of each such seven (7) consecutive days Rehearsal Week will be the free days
hereinafter provided, subject to the span provisions provided herein, during which the
Artist may not be required to rehearse unless as otherwise provided in the Basic
Agreement.
(b) Performance Week – The term “Performance Week” shall mean a
“week” (seven consecutive days) commencing on the first (1 st ) performance day of
the Employer running for seven (7) consecutive days Monday and ending on the
following Sunday during which at least one (1) performance shall be given. There
must be at least one free day within each Performance Week [See
Definitions – (d) Free Day], Any one (1) of the such seven (7) consecutive days may
be the free day as hereinafter provided, subject to the span provisions provided herein,
during which the Artist may not be required to perform except as otherwise provided
in the Basic Agreement.
(y)
Saturday Family Ballets – (“FB”) the following will apply:
(1) For the purposes of this Article, a “service” shall be defined
as either a performance, a rehearsal, or a performance where the Artist has been
designated as an understudy.
(2) Compensation for a participating Artist shall be based on:
(A) No other service on the day of FB: $150
(B) One other service on the day FB $200
(C) Two other services on the day FB $250
(D) A performance on the Friday night prior to the FB and
4838-7492-6350.5

two performances on the day of the FB and two performances
on the day after the FB $450 $400
(E) A performance on the night prior to the FB, two
performances on the day of the FB and two
performances on the day after the FB $450
(z) Outside Events - Outside events during weeks otherwise designated as
work weeks shall be compensated at the following rates per performance:
Corps - $325$400; Soloist - $425; Principal - $600; Stage Manager - $600
Outside Events during non-work weeks shall be compensated at the following rates per
performance: Corps -$800$1000; Soloist - $1150; Principal - $1400; Stage Manager -
$1400.
2. ARTICLE 16- MINIMUM COMPENSATION - REHEARSAL AND
PERFORMANCE WEEKS - SENIORITY MINIMUM. Revise as follows:
(a) Artists on weekly or guaranteed basis -
(1) Weekly compensation
Each contract year (season) shall run from August 1 st to and including July 31 st of the
following year. Weekly compensation shall be as follows:
2010-2011
(previous CBA) 2011-2012 2012-2013
2013-
2014
Step 1 907 907 930 930
Step 2 1,165 1,165 1,097 1,097
Step 3 1,459 1,459 1,377 1,377
Step 4 1,768 1768 1,559 1,559
Step 4+ 1,800 1,750
Step 5 1,821 1,821 1,876 1,900
Rates shall move diagonally. For example, a Dancer beginning his/her second year in
the Corps in the 2007-08 2011-12 season receives $1092 $1165 per week for that
season; will receive $1365$1,377 per week in the 2008-09 2012-13 season; will receive
$1717$1,559 per week in the 2009-10 2013-14 season. A Corps Dancer who has
completed five years of employment shall in each subsequent year receive an additional
Twelve Dollars ($12.00) in weekly wages per week per year.
If a Corps Dancer is requested to dance a role or roles as a step up in a
performance, which role or roles are considered to be soloist or principal roles, then for
4838-7492-6350.5

each performance (whether one or more roles are danced) said Dancer shall be paid
Fifty Dollars ($50.00 ).
2010-
2011
(previous
CBA)
2011-
2012
2012-
2013
2013-
2014
3.5% 1% 1%
Soloist (first three years) 2,102 2,176 2,197 2,219
Soloist (after three soloist
years) 2,153 2,228 2,251 2,273
Principal 2,357 2,439 2,464 2,489
Principal Stage Manager 2,191 2,268 2,290 2,313
Stage Manager 1,944 2,012 2,032 2,052
Assistant Stage Manager 1,578 1,633 1,650 1,666
Soloists/Stage Managers: The increases set forth above
for Soloists and Stage Managers shall take effect on January 1, 2012, except
that, in addition, each Soloist/Stage Manager will receive retroactive
payments of 1.75% of the 2010-11 base weekly rate for 12 weeks of
employment since August 1, 2011.
Principals: In addition to any individually negotiated
increases effective January 1, 2012, each principal will receive a retroactive
payment of 1.75% of the principal minimum for whatever number of weeks
he/she worked between August 1 and December 31, 2011.
A Soloist who has completed five years of employment as
a Soloist with ABT shall in each subsequent year receive an additional
eighteen dollars ($18.00) in weekly wages per week per year.
(2) If there is one (1) AGMA Delegate, then the AGMA
Delegate fee is $175.00 per week for fifty (50) weeks per year; if there are two (2)
AGMA Delegates, then the AGMA Delegate fee is $100.00 per AGMA Delegate per week
for fifty (50) weeks per year. The Employer will pay the AGMA Delegates a total
of two hundred dollars ($200) per week for fifty two weeks per year. If
there is more than one AGMA Delegate the $200 will be divided evenly
between them.
(3) Extraordinary Risk – The term “Extraordinary Risk”
shall be applied to a performance or on stage technical or Dress Rehearsal which entails
one or more of the following high risk feats for an Artist:
(A)
suspension from a trapeze, wire or like contrivance
more than four (4) feet above the stage floor;
4838-7492-6350.5

(B) performing on stilts;
(C) performing on devices which place ARTIST’S
feet more than four (4) feet above the stage;
(C)(D) operating explosive or pyrotechnic devices;
(D)(E) handling fire;
(E)(F) any other form of high risk feat endangering
Artist(s) to injury as mutually determined by
AGMA and the EMPLOYER prior to the first
performance.
Notwithstanding the foregoing, performing on any construction or apparatus built
above the stage floor or orchestra pit, regardless of height, shall not be considered
“EXTRAORDINARY RISK” if it is of such stability, width, and protective danceablility,
and mutually as determined by AGMA and the EMPLOYER.
For each instance of Extraordinary Risk the Artist shall be compensated at the rate of
$45.00 for each on-stage Technical Rehearsal, each Dress Rehearsal, and each
Performance.
If the agreed upon conditions of Appendix A are met by the Employer, the use of sharp
weapons, swords, and/or other props used as weapons, shall not be considered
Extraordinary Risk.
In applying this provision, ballets in the repertoire as of the date of this
Agreement shall be considered as involving Extraordinary Risk if so
considered in the past. The application of this provision to new ballets shall
be discussed on a case by case basis.
3. ARTICLE 17 - DOMESTIC AND FOREIGN TRAVEL
ACCOMODATIONS : MEAL ALLOWANCES. Revise as follows:
(a)
Hotels
(2) The parties hereto have agreed on a list of hotels in certain cities
which would be acceptable to them. The Hotels in Washington, DC – The Fairmont,
George Washington University Inn, Doubletree, River Inn, Watergate; Chicago, IL –
Allegro Hotel, The W Hotel, The Blake Hotel, The Palmer House; Orange County, CA –
Westin Hotel, Marriott Hotel Suites, Wyndham Hotel; Los Angeles, CA – The Omni
Hotel, Biltmore Hotel; Miami, FL – Marriott; Paris, France – Le Jardins Du Marais;
Tokyo, Japan – Metropolitan Crown Plaza, Hotel Okura; Osaka, Japan – Grand Hotel.
Whenever a new hotel is proposed for a U.S. City, then, if it is not clearly comparable to
hotels set forth above or it is not part of a recognized national chain such as Sheraton,
Hilton, Hyatt, etc. and AGMA is not satisfied as to its quality, then a Dancer’s
representative an AGMA delegate will be sent to inspect the proposed hotel. During
this visit the Dancers’ representative AGMA delegate will also inspect the theater and
rehearsal studios.
(b)
Meal Allowances
4838-7492-6350.5

(A)
International Meal Allowances
Per diem outside the U.S.A. shall be paid at the applicable U.S. State
Department rate for meal money for breakfast, lunch, and dinner and fifty (50%)
percent of the U.S. State Department rate for incidentals for tours of ten days or
more, including travel days. For tours of nine days or less, per diem shall
be paid at the applicable U.S. State Department rate for meals only. There
shall be a proportionate adjustment in meal allowance where breakfast is
furnished by the hotel and the Employer notifies AGMA in advance of the
tour that the breakfast offered includes hot and cold choices and western
choices and is available until at least 11:00 a.m. The applicable U.S. State
Department rate shall be that rate which exists one (1) month in advance of departure.
The waiver by AGMA of all penalties occasioned by any violation of the provisions of the
Agreement shall not be unreasonably withheld for international travel, but shall be
subject to the terms set forth in the attached Travel Side Letter.
4. ARTICLE 18 - SUPPLEMENTAL UNEMPLOYMENT BENEFITS:
VACATION PAY. Revise as follows:
(d) Artists employed for no less than the minimum guaranteed
weeks in the contract year eligible under (e) below shall receive vacation
compensation in the amount of 5.0% one (1) week of the Artist’s weekly rehearsal
salary if there are at least 37 weeks of employment in the contract year, 1.25
weeks of the Artist’s weekly rehearsal salary if there are 36 weeks of
employment in the contract year, and 1.75 weeks of the Artist’s weekly
rehearsal salary if there are 35 weeks of employment in the contract year.
contractual salary, based on no less than the minimum guarantee of weeks. However, if
an artist is released for more than twelve (12) working days during a contract year, then
vacation compensation shall not be paid on the minimum guaranteed weeks, if any, in
the Artist’s agreement, but shall be paid on the actual time the Artist worked. AGMA
shall forthwith advise ABT whether vacation compensation for all Artists shall be paid in
lump sum at the end of the contract year or as part of an Artist’s weekly pay.
(e) To be eligible for SUB, an Artist shall be required to have been
employed under a guaranteed weekly employment contract. for no less than the
number of guaranteed employment weeks in the contract year Such Artist shall
receive one week of SUB benefits for every eight weeks of employment.
Artists who are employed under a guaranteed employment contract for the
maximum number of guaranteed weeks in a contract year shall receive SUB
benefits for every unemployed week during the contract year.
5. ARTICLE 24 - REHEARSALS DURING PERFORMANCE WEEKS.
Revise as follows:
(c) On a day prior to departure on tour all rehearsals shall terminate by
6:30 P.M 6:00 P.M.
4838-7492-6350.5

follows:
6. ARTICLE - ALTERNATES AND UNDERSTUDIES. Revise as
(a) Alternate. Any Dancer who has performed an assigned role
with ABT, within the last two (2) years. Alternates shall not be credited for a
performance, unless assigned to cover the performance by the Rehearsal Department.
(b) Understudy. Any Dancer, not in the first cast, who has not
performed an assigned role, with ABT, within the last two (2) years. Understudies are
required to cover for each performance of a role they are understudying.
(c) Cover/Assigned Alternate. Any Dancer who has performed as
assigned role, with ABT, within the last two (2) years, and who is required to remain in
the theater while another Dancer performs that role.
(d) An alternate or understudy who, in accordance with (a), (b) or
(c) above, is requested by the Employer to be in the theater covering a performance
shall receive credit for such service as having participated in the performance.
(e) All Artists shall be designated as either an alternate or
understudy on the basic list of casting.
7. ARTICLE 27 - PRINCIPAL STAGE MANAGERS, STAGE
MANAGERS AND ASSISTANT STAGE MANAGERS. Revise as follows:
(b) Principal Stage Managers, Stage Managers and Assistant Stage
Managers shall not be entitled to overtime, penalty or double time rates of pay except in
the case of a Technical or Dress Rehearsal, running past its scheduled end time, in
which case the affected Artists shall be compensated in the same manner as the Dancers
are for such unscheduled rehearsals. Principal Stage Managers, Stage Managers and
Assistant Stage Managers shall be paid one-sixth (1/6) of their regular weekly salary for
work performed on their Free Day and an additional 1/6th of their regular weekly
salary for work performed on every tenth consecutive day without a Free
Day.
8. ARTICLE 29 - POSTING OF REHEARSAL PERFORMANCE AND
CASTING SCHEDULES AND POSTING OF BASICS. Revise as follows:
(d) Each Dancer performing a Principal role in a full-length ballet at
the Met shall receive two complimentary tickets for each performance in which he or she
appears in such role. Each Dancer performing a Principal role in a ballet at City Center
in any venue in the City of Origination shall receive two complimentary tickets for
each performance in which he or she appears in such role, up to a maximum of twenty
(20) tickets per performance for the Company.
(n) Details for type of shoes that are required and whether
they need to be dyed, along with hair and make-up details shall be posted no
4838-7492-6350.5

later than 48 hours prior to the first dress rehearsal of a new
ballet/production.
9. ARTICLE 30 – GUARANTEED EMPLOYMENT. Revise as follows:
(e) The Employer guarantees the Artist not less than thirty-six (36)
thirty-six (36) weeks of employment during the first year of the term of this Agreement
and no less than seventy-two (72) weeks of employment during the second and
third years of the term of this Agreementin each contract year, of which not less
than nine (9) weeks per contract year will be Rehearsal Weeks, provided that this
provision may be waived by AGMA, and provided further that: (1) there shall be
no fewer than 35 weeks of employment in any contract year; and (2) any
Artist who leaves the employ of ABT at the end of any contract year shall be
guaranteed no fewer than 36 weeks per completed contract year.
10. ARTICLE 31- TRANSPORTATION. Revise as follows:
(a)
General Provisions
(4) The Employer shall provide and pay for the transportation of the
Artist’s personal baggage to such outside point or points and return to the City of
Origination consisting of up to one bag for tours of 7 days or less and up to two
(2) bags for tours of more than 7 days, of not more than fifty (50) pounds each and
that the Artist shall be responsible for paying any charges for excess baggage, up to one
hundred (100) pounds weight, and the Employer shall be liable for any loss to the Artist
on account of any loss or damage to his/her personal baggage (ordinary wear and tear
excepted) while in transit, if the Artist shall have provided a suitable container therefore
and shall have kept the same locked when not in use, but not in excess of One Thousand
Dollars ($1,000) for each Artist. While on tour, whether inside or outside the United
States, personal baggage must be available to the Artist at least once a week.
11. ARTICLE 42 – PENSION AND HEALTH. Revise as follows:
(a) The Employer shall contribute to the a 403(b) plan established with
The Hartford Group seven and one half percent (7.5%) three and three-quarters
percent (3.75%) of contracted minimum wage and overtime pay of each Principal
and 3.75% of contracted minimum wage, overtime and step-up pay for all
other Artists working under this Basic Agreement. The contributions are to begin with
the first employment under this Basic Agreement.
(i) The Employer agrees to reimburse each Artist employed hereunder to the
extent of Five Hundred Two Hundred Fifty Dollars ($250.00 $500) during the
first year of the term of this Agreement to be applied towards the cost of a
physical examination or the fees of the Artist’s masseur or to be utilized to cover the
deductible under the Artist’s Major Medical coverage, or to cover the cost of podiatry
services or dental.
4838-7492-6350.5

12. ARTICLE 46 – FILMING, BROADCASTING, TELEVISING, ETC.
Add a new paragraph to provide as follows:
There shall be created a Media Committee, consisting of
Artists appointed by AGMA and/or the Artists and members
of the Employer’s management with decision-making
authority in the area of publicity and promotion to consider
ways in which to promote the Employer through the use of
social media, videography, and photography by the Artists.
The Media Committee shall also consider appropriate rules
and procedures governing such activities. The decision
whether and how to use any particular materials for
purposes of publicity and promotion shall remain in the sole
discretion of the Employer.
13. ARTICLE 54 – EXPIRATION. Revise as follows:
The term of this agreement shall commence on August 1,
2007 2011, and shall terminate on July 31, 20112014,
provided that all contracts with Artists which expire after
that date shall be deemed subject to such new Agreement as
may be entered into between AGMA and the Employer for
the next or succeeding season. AGMA agrees to submit
proposals for a new Basic Agreement no later than February
28, 2011 2014.
as follows:
14. ARTICLE 59 – PHOTOGRAPHY. Add a new paragraph to provide
The Employer shall not utilize or release any photograph of
any Artist until the passage of 24 hours after affording the
Artist members of the Media Committee an opportunity to
review such photograph. The Employer shall consider in
good faith any objection of the Media Committee to the
photograph but the final decision as to the use of the
photograph shall be retained by the Employer. The
Employer shall provide access for the Media Committee to
its files of publicity photos, and should the Committee object
to a photograph previously used by the Employer, the
Employer shall not thereafter utilize such photograph.
follows:
15. ARTICLE 60 – PERSONAL LEAVE DAYS.
Revise to provide as
Each Artist shall be entitled to personal leave (in one or more contiguous days)
with full pay for (3) days per contract year, subject to the following terms:
4838-7492-6350.5

(a) Personal leave must be used during the current contract year,
and will not carry over from contract year to contract year.
(b) Except as set forth in paragraph (d), if the Artist gives 21 days
notice or more of the intent to take a personal day, such day shall be guaranteed. If the
Artist gives less than 21 days advance notice, it shall be at the discretion of the Employer
whether to grant such day.
(c) In all cases, Artist shall endeavor to give as much notice as
possible prior to the desired personal day.
(d) During Performance Weeks, and the week prior to Performance
Weeks in the City of Origination, and the last week that a visiting stager or
choreographer is rehearsing personal days may be taken only in cases of extraordinary
circumstances or extreme emergency.
(e) During the last week with a visiting choreographer or
stager and the last rehearsal week before a tour, up to five (5) individual
Artists may take up to two Personal Days, pursuant to the terms of (a) – (c)
above.
(f) Paid personal days are not to be used for the purpose of
employment elsewhere.
16. ARTICLE 62 - STUDENT DANCERS. Add a new Article to
provide as follows:
When students enrolled in the Jacqueline Kennedy Onassis
School perform company roles in The Nutcracker, they shall
not be covered by the terms of this Agreement provided the
Employer has engaged at least six (6) apprentice dancers
(and provided further that with respect to any apprentice
whose first week of employment is on a rehearsal or
performance week for The Nutcracker, the weeks of
employment on The Nutcracker shall not count toward the
periods set forth in Article 10(b) of this Agreement). The use
of students in company roles shall be subject to the following
conditions: (1) students shall not perform company roles on
the opening night of any run; and (2) in other performances,
students shall perform only in the roles of Snow (maximum
of four (4) per performance), Flowers (maximum of two (2)
per performance), Soldiers, and Mice (other than the Mouse
King).
17. SIDELETTERS
(attached).
(a) Alternates and Understudies – revise existing sideletter
4838-7492-6350.5

(b) Travel – add new sideletter (attached)
(c) Company standards – add new sideletter (attached)
AMERICAN GUILD OF MUSICAL
ARTISTS
BALLET THEATRE FOUNDATION, INC.
d/b/a AMERICAN BALLET THEATRE
By: _______________________
By: __________________________
4838-7492-6350.5

ALTERNATES AND UNDERSTUDIES
SIDELETTER
August 1, 2011
AMERICAN GUILD OF MUSICAL ARTISTS
1430 Broadway, 14 th floor
New York, NY 10018
Ladies and Gentlemen:
This letter by and between the AMERICAN GUILD OF MUSICAL ARTISTS and
BALLET THEATRE FOUNDATION, INC. shall serve to clarify the implementation of
paragraph 2625, Alternates and Understudies, of the collective bargaining agreement
dated August 1, 2004 2011 through and including July 31, 2007 2014.
(3) A Dancer called to perform a role who is also understudying
another role which is being performed during that performance shall receive
compensation for the Dancer’s performance and not as an understudy, but shall
nevertheless perform all the duties of an understudy.
(4) An understudy who fails to cover a performance as assigned
by the Employer shall not be paid therefore and shall be considered to have violated
his/her obligation under paragraph 26 25.
(5) Unless otherwise assigned during a performance or requested
by the Employer, an understudy covering a performance under paragraph 25 may
leave the theatre after the role for which he/she is understudying is completed.
(6) An understudy requested by the Employer to be present
for a performance must sign in by half-hour so that his/her presence in the theatre
may be verified and shall indicate on a form to be provided by BTF, where in the theater
he/she shall be observing the performance, e.g., the audience, the wings, etc.
(7) In the event it shall appear during a performance that an
understudy or alternate shall be required to perform because the Dancer otherwise
performing the role is unable to do so, then the understudy or alternate, as the case may
be, shall immediately report to the Stage Manager.
(8) In the event an understudy shall request to be excused from the
requirement an assignment to cover a performance, such request shall not be
unreasonably withheld and if such request is granted, the understudy shall receive no
pay for the missed understudy coverage.
(9) Even though a Dancer has not previously danced a role, BTF
may designate that Dancer as an alternate. An alternate may request to be assigned to
4838-7492-6350.5

cover a performance and if such request is granted shall be compensated as if the
Dancer had been originally so designated.
If the foregoing constitutes our understanding, kindly execute a copy of this letter
in the space provide and it shall be deemed a binding clarification between the parties in
connection with paragraph 25 Alternates and Understudies.
Very truly yours,
BALLET THEATRE FOUNDATION, INC.
By: __________________________
ACCEPTED & AGREED:
AMERICAN GUILD OF MUSICAL ARTISTS
By: __________________________
4838-7492-6350.5

TRAVEL SIDELETTER
August 1, 2011
Alan S. Gordon, Esq.
National Executive Director
AGMA
1430 Broadway, 14th Floor
New York, NY 10018
Dear Mr. Gordon:
Ballet Theatre Foundation, Inc. d/b/a/ American Ballet Theatre (“ABT”)
and the American Guild of Musical Artists (“AGMA”) recognize that travel, and in
particular international travel, has become increasingly complex, expensive and
inconvenient, and that they wish to facilitate ABT’s ability to continue its role as a
touring company without causing undue burden on the dancers. As a result, ABT and
AGMA have agreed upon the following measures on an experimental basis to addresses
these concerns.
1. AGMA may designate a tour committee from among the Artists and
one or more representatives of AGMA. Representatives of ABT shall meet with such
committee at mutually agreed upon times to discuss contemplated arrangements with
respect to international tour schedules and transportation.
2. ABT shall submit to the tour committee in advance of final booking,
planned tour schedules, including: (a) travel dates; (b) projected duration of travel; (c)
performance dates; and (d) free days and (e) for international tours, the type of
breakfast, if any, offered by the hotels and the available hours (except where
time and/or financial constraints require otherwise in which case such information shall
be submitted as soon as practicable).
3. ABT will consider in good faith and use best efforts to accommodate
the tour committee’s recommendations, but because of the complexity of travel and tour
planning and contractual and financial constraints, ABT’s determinations with respect
to tour schedules and travel arrangements, to the extent consistent with the other terms
of the collective bargaining agreement between ABT and AGMA, shall be final.
4. Subject to ABT’s compliance with the terms of this letter, travel
overtime payments and payments for invasion of span for international travel, from
point of departure at the beginning of the tour to the arrival, and the point of departure
at the conclusion of the tour to the arrival, shall not apply.
5. In the event ABT shall fail to comply with its obligations pursuant
paragraphs 1, 2 and 3 regarding any tour, AGMA may declare paragraph 4 of this letter
null and void as to that tour.
4838-7492-6350.5

If the foregoing correctly reflects our understanding, please sign this letter
in the space provided below.
Very truly yours,
ACCEPTED AND AGREED:
Rachel S. Moore
___________________
4838-7492-6350.5

COMPANY STANDARDS SIDELETTER
August 1, 2011
Alan S. Gordon, Esq.
National Executive Director
AGMA
1430 Broadway, 14th Floor
New York, NY 10018
Dear Mr. Gordon:
ABT and AGMA acknowledge that issues involving the health, weight and
physical appearance of dancers are, at once sensitive, personal and emotionally charged
and also of artistic concern. In an effort to protect and promote the respective rights
and interests of both ABT and individual dancers and to assure a harmonious
workplace, AGMA and ABT establish the procedures below with regard to the individual
Artist meetings to discuss issues involving health and weight.
In the event that the Employer wishes to conduct an initial formal
discussion regarding the health and/or weight of an individual Artist, such discussion
may only occur under the following conditions:
• There shall be no weigh-ins by ABT staff on site. ABT may require certification of
weight by a health professional acceptable to ABT.
• The Artist and AGMA must be notified in advance that the Employer intends to
schedule a meeting to discuss an individual Artist’s weight (except where, in
ABT’s judgment, immediate action is required to protect an Artist’s health or
safety);
• The meeting will be scheduled during regular rehearsal hours at a mutually
agreeable date and time with adequate notice to allow for all relevant parties to
be present;
• The only participants other than the Artist in such meeting shall be:
1) A senior member of the artistic staff; and
2) If requested by the Artist, a representative of AGMA; and
3) A health professional designated by the Artist (such as a physician, a
nutritionist, or another health professional); and
4) If requested by ABT, the ABT physical therapist or another health
professional; and
5) With prior notice to the Employer, the Artist may have an additional
witness of the Artist’s choice present at the meeting, which may include an
AGMA Delegate.
• There will be a written summary of the meeting which shall be reviewed by ABT,
the Artist, and AGMA.
4838-7492-6350.5

Second and other meetings to follow up on any issues of weight discussed
in the first meeting will be scheduled for a reasonable and mutually agreeable date and
time, with the same participants and under the same conditions. The parties will
thereupon endeavor to schedule the timing of the next meeting.
If the foregoing correctly reflects our understanding, please sign this letter
in the space provided below.
Very truly yours,
ACCEPTED AND AGREED:
Rachel S. Moore
___________________
4838-7492-6350.5