MEMORANDUM OF AGREEMENT - American Guild of Musical Artists

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