Contract 2007-2011 - American Guild of Musical Artists

Each Artist on a contractual guarantee who, after a minimum of three(3) years of service with the Company as an Artist is terminated, retires or leaves theCompany for any reason shall receive exit pay as follows [except that an Artist whovoluntarily leaves the employ of ABT prior to the date of expiration of his/her individualartist agreement shall receive eighty-five percent (85%) of the exit pay to which he/sheotherwise would be entitled]:- After three (3) years of service but less than five (5) years of service: theArtist shall be paid one (1) week of salary based upon his/her actual weeklycompensation.- After five (5) or more years of service: The Artist shall be paid one (1)week of salary based upon his/her actual weekly compensation for each year of serviceup to a maximum of fifteen (15) weeks except for Artists whose weekly wage rate is lessthan the Principal Salary minimum shall be twenty (20) weeks.One (1) week’s salary shall be defined as one week of the Artist’scurrent actual weekly compensation at the time the Artist leaves. A Principal’scompensation, for the purpose of calculating exit pay, shall be based on no more than125% of the minimum weekly compensation for Principals. A year of service shall bedefined as any year in which the Artist works eighteen (18) or more weeks. In the eventan Artist is not able to satisfy the requirement of eighteen (18) weeks of work in a yearbecause of a personal injury, then one such year only shall be counted, for the purposesof exit pay, as a year worked. For purposes of this provision, the full period that aDancer was an Apprentice Dancer shall be excluded from the calculation of years ofservice.Exit pay shall be paid as follows: Up to and including the first five (5)weeks of exit pay entitlement shall be paid on August 1; up to and including the next five(5) weeks of exit pay shall be paid on November 1; and up to and including the next five(5) weeks of exit pay shall be paid on January 1. However, at the option of the Artist theentire amount of exit pay entitlement may be received on January 1.If an Artist, immediately upon leaving the Company, accepts a positionwith ABT which is not covered by the collective bargaining agreement, the former Artistshall nevertheless be entitled to that exit pay which the Artist would have otherwisereceived upon leaving the Company.(c)Artistic Evaluation(1) An Artistic Evaluation shall be conducted by two or moredesignees of the artistic staff (one of whom shall be the Artistic Director) for each Artist.With prior notice to the Employer, the Artist may have a witness of his/her choice,including an AGMA Delegate, to be present at the evaluation. This evaluation shall bescheduled for every Artist during or after the City Center season (which may includeperiods during which the Dancers are on layoff), but prior to January 15th and shall bescheduled at mutually convenient times and/or posted in the same manner as arecostume fittings. An Artist shall have the opportunity to ask questions and makecomments during the evaluation process. An audio tape recording of the evaluation will4847-3313-3571.10 39