Contract 2012-2015 - American Guild of Musical Artists

1. Every contract entered into between the Employer and any Artist during
the term of this Agreement shall be deemed to contain the following provision:
“In the event that a dispute arises during the term of this Agreement
regarding the interpretation or enforcement of any sections of this
Agreement, either party may file a written grievance within fourteen (14)
calendar days after the date on which the aggrieved party may be
reasonably presumed to have knowledge or notice of the event or
occurrence giving rise to the dispute. A grievance by the Union or a
member of the Union must be addressed in writing to the Employer’s
Company Manager or appropriate management representative(s). Within
fourteen (14) calendar days of the filing of the grievance, the Company
Manager and/or appropriate management representative(s) shall meet
with the designated union representative(s) or local dancers’ committee,
in an attempt to resolve the grievance. Within fourteen (14) calendar
days after the grievance meeting, the responding party will deliver to the
grieving party its written response to the meeting. If the dispute is not
resolved by said written response, either party may give written
notification no later than thirty (30) calendar days thereafter of its intent
to arbitrate before an impartial arbitrator selected under the rules and
procedures of the American Arbitration Association (“AAA”). An
arbitration shall be held under the Voluntary Rules of Labor Arbitration
of the AAA on a date agreed to by the parties at a mutually acceptable
location. The sole function of the arbitrator shall be to interpret the
express provisions of this Agreement and apply them to the facts of the
dispute or grievance. The arbitrator shall have no power to change,
amend, modify, add to or otherwise alter this Agreement. The time
limitations expressed in this procedure shall be strictly enforced. The
fees of the arbitrator shall be shared equally by the parties.
Notwithstanding the previous sentence, if the arbitrator finds, after notice
to the parties, that the demand for arbitration or a party’s position in the
arbitration is either not well grounded in fact, or not warranted by
existing law or by a good faith argument for the extension, modification
or reversal of existing law, or interposed for any improper purpose such
as to harass or to cause unnecessary delay or expense, then the arbitrator
may, as a sanction, require that party to pay all or part of the other
party’s cost of the arbitration, including a reasonable attorney’s fee.”
2. Any controversy or claim arising out of or relating to this contract or breach or
interpretation thereof shall be settled exclusively by the grievance and arbitration procedure set
forth in the quoted portions of Paragraph D.1. All arbitrations between the Employer and any
Artist and/or between the Employer and AGMA shall take place in the Employer’s City of
Origination.
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