Contract 2007-2011 - American Guild of Musical Artists

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(2) The Employer may release the material capturedpursuant to this paragraph (e) in any way in any mediafor any bona fide publicity, fundraising, or promotionalpurpose.(3) The Employer may capture an entire ballet fordistribution to patrons or corporate donors in any media,or for use on its website, but only with the advanceconsent of all principal Dancers in such ballet.(f) In the event that the Employer desires to capture and/or release thework product of any ABT Artist for any purpose other than those set forth in (c), (d), or(e) above, it shall meet with AGMA, negotiate with regard to the wages, hours, termsand conditions governing such capture and release and no capture or release may occuruntil such negotiations have been concluded to the satisfaction of AGMA and theEmployer.47.DANCERS’ EMERGENCY FUND BENEFIT PERFORMANCETo be discussed.48.COMPANY STANDARDS(a) All Artists shall be expected to perform up to the high standards of theCompany, which shall include maintaining good physical condition.(b) In the event the Company wishes to discuss the weight of an individualArtist, it must do so in the presence of a mutually agreed upon health professional.(c) If any Artist shall miss a performance, one-seventh (1/7 th ) of theArtist’s weekly salary shall be deducted. If Artist shall miss a rehearsal, one-fifteenth(1/15 th ) of the Artist’s weekly salary shall be deducted.49.PARTIES BOUND BY THIS AGREEMENTThe Agreement shall be known as the “Basic Agreement” and shall be subject tothe approval of AGMA which approval shall not be unreasonably withheld, be bindingupon and shall inure to the benefit of the signatories hereto and all parties who byreason of merger, consolidation, reorganization, sales assignments, transfer of the like,shall succeed to or be entitled to a substantial part of the business of any signatory andthe Employer agrees that its signature on this Agreement shall likewise bind any and allsubsidiary or affiliated companies engaged in the production or management of Ballets,or any other performances within AGMA jurisdiction.50.ARBITRATION OF STANDARD ARTIST’S AGREEMENTEvery contract entered into between the Employer and any Artist during the termof this Agreement shall be deemed to contain the following provisions:4847-3313-3571.10 46
“Any controversy or claim arising out of or relating to this Contract or the breach orinterpretation thereof, shall be settled by arbitration in New York City in accordancewith the rules then obtaining of the American Arbitration Association. Either party maydemand such arbitration in writing, which demand shall include the name of thearbitrator appointed by it. An arbitration demand shall be ineffective if filed more thansixty (60) days after the event or condition giving rise to the demand, or more thanthirty (30) days after the first performance in New York City following said event orcondition, whichever is later. Within three (3) days after such demand, the other partyshall name its arbitrator, or in default of such appointment, such arbitrator shall benamed forthwith by the American Arbitration Association. The two (2) arbitrators soappointed shall select a third arbitrator. The hearing shall be held on two (2) days’notice and shall be concluded within fourteen (14) days, unless otherwise ordered by thearbitrators. The award of the arbitrators shall be issued within seven (7) days after theclose of the submission of evidence. An award agreed to by a majority of the arbitratorsso appointed shall be binding upon both parties and judgment upon such award may beentered by either party in a court of competent jurisdiction.”AGMA shall be a necessary party in any arbitration demanded by the Employer or anArtist. Such arbitration shall be the exclusive remedy for resolving such disputes andthe Arbitrator may not amend, alter or change in any way the terms and provisions ofthe collective bargaining agreement.51.ARBITRATION OF THE BASIC AGREEMENTAny controversy or claim arising out of or relating to the Contract or the breachor interpretation thereof which is unresolved by the parties shall be settled byarbitration in accordance with the Voluntary Labor Arbitration Rules of the AmericanArbitration Association. An arbitration demand shall be ineffective if filed more thansixty (60) days after the event or condition giving rise to the demand, or more thanthirty (30) days after the first performance in New York following said event orcondition, whichever is later. All arbitrations between the Employer and any Artistand/or between the Employer and AGMA shall take place in New York City or at suchother place as may be designated by AGMA. The arbitrator’s award shall be final andbinding and may be enforced by either party in a court of competent jurisdiction. Costsof the arbitration shall be shared equally by the parties hereto. Such arbitration shall bethe exclusive remedy for resolving such disputes and the Arbitrator may not amend,alter or change in any way the terms and provisions of the collective bargainingagreement.52.NO STRIKE – NO LOCKOUTIt is agreed that during the term of this Agreement, there shall be no strikes,lockouts, work stoppages, slowdowns or other interferences with production.It shall not be considered a breach of the Agreement on the part of AGMA or onthe part of any individual employee if any employee or employees refuse to cross alegally valid picket line or to enter upon the premises of the Employer or any premises ofthe Employer or any premises where the employees are then currently working, whichare being picketed by another union, either of their own violation or by direction of theUnion, nor shall such refusal be cause for discharge of discipline.4847-3313-3571.10 47
Page 3 and 4: (c) Artists shall be offered employ
Page 5 and 6: (e) The Employer agrees to discuss
Page 7 and 8: (2) During Performance Weeks in the
Page 9 and 10: (o) Penalty Rate - The term “Pena
Page 11 and 12: casting.(3) The Employer shall prov
Page 13 and 14: (3) Extraordinary Risk - The term
Page 15 and 16: compensated at (1/2) of the hourly
Page 17 and 18: which includes per diem, foreign pe
Page 19 and 20: hour period, he shall be paid at th
Page 21 and 22: (d) If the Artist shall be required
Page 23 and 24: (n)6:30 P.M.On a day prior to depar
Page 25 and 26: egin three (3) weeks prior to the f
Page 27 and 28: 29. POSTING OF REHEARSAL PERFORMANC
Page 29 and 30: (m) Each Dancer performing a Princi
Page 31 and 32: one-half (1/2) hour after all curta
Page 33 and 34: shall be compensated for such trave
Page 35 and 36: (19) The Employer will file with AG
Page 37 and 38: the first contract plus one (1) pai
Page 39 and 40: Each Artist on a contractual guaran
Page 41 and 42: (b) Upon request of AGMA, the Emplo
Page 43 and 44: (j) It is understood that the Emplo
Page 45: (c) Study Films. The Employer may c
Page 49 and 50: given), and such photography time,
Page 51 and 52: AMERICAN GUILD OF MUSICAL ARTISTSBy
Page 53 and 54: AGMA and the EMPLOYER.4847-3313-357
Page 55 and 56: If the foregoing constitutes our un
Page 57 and 58: TABLE OF CONTENTS(continued)Page28.

Contract 2007-2011 - American Guild of Musical Artists

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