Contract 2007-2011 - American Guild of Musical Artists

“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