pittsburgh ballet theatre, inc. - American Guild of Musical Artists

BASIC AGREEMENTBETWEENPITTSBURGH BALLET THEATRE, INC.ANDAMERICAN GUILDOF MUSICAL ARTISTS, (AFL - CIO)July 1, 2010 - June 30, 2013

Agreement, made, executed and delivered in the City of Pittsburgh, County ofAllegheny, and Commonwealth of Pennsylvania, this 30th day of June, 2010, by and betweenthe AMERICAN GUILD OF MUSICAL ARTISTS, a membership corporation organized and existingunder and by virtue of the laws of the State of New York and having its principal office at 1430Broadway, New York City (hereinafter called “AGMA”) and PITTSBURGH BALLET THEATRE,INC., a corporation organized under the laws of the Commonwealth of Pennsylvania, having itsprincipal place of business at 2900 Liberty Avenue, Pittsburgh, Pennsylvania (hereinafter called“Employer” or “Company”).WITNESSETH:In consideration of the mutual agreements herein contained, the parties agree as follows:1. EMPLOYEES COVEREDThe Employer hereby recognizes AGMA as the exclusive collective bargaining agent forall dancers and choreographers (hereinafter referred to collectively as “Artists”), employed bythe Employer at its Pittsburgh, Pennsylvania facility; excluding all other employees andsupervisors. AGMA represents that for collective bargaining purposes it represents a majority ofthe Artists.2. APPLICATION OF BENEFITSThe Employer agrees that the provisions of this Agreement shall apply to and inure to thebenefit of all Artists employed by the Employer, or by an affiliate, subsidiary or the like, of theEmployer (excluding the Employer’s schools), directly or indirectly, or through agents orindependent contractors, notwithstanding anything herein to the contrary. Whenever there shallbe used in this agreement any phrase of a more restricted meaning, such as, for example, “Artistsemployed by the Employer,” such phrase shall be deemed to mean “All Artists employed by theEmployer, or by an affiliate or subsidiary of the Employer, directly or indirectly, or throughagents or independent contractors.”3. MEMBERSHIP IN AGMAIt shall be a condition of employment that all employees of the Employer covered by thisAgreement, who are members of AGMA in good standing on the date this Agreement isexecuted shall remain members in good standing, and those who are not members on the datethis Agreement is executed shall, within thirty (30) days following the date this Agreement isexecuted, become and remain members in good standing of AGMA. It is also a condition ofemployment that all employees covered by this Agreement and hired on or after the date thisAgreement is executed shall within thirty (30) days following the beginning of such employmentbecome and remain members in good standing of AGMA. “Membership” and “Good Standing”as used in this paragraph shall mean the tender of AGMA’s uniformly required initiation feesand periodic dues. Nothing contained within this Agreement shall contravene existing or futurePennsylvania or Federal law.1

4. INITIATION FEES AND DUES(a) Employer agrees that it shall deduct AGMA dues from the salary of each Dancerwho has provided it with a written authorization to do so. Dues shall be withheld beginning withthe end of the first period after the Employer receives written authorization from the individualDancer, and shall continue thereafter for as long as the Dancer remains on the Employer’spayroll and the authorization remains valid. The amount deducted shall be two percent (2%) ofthe Dancer’s gross compensation, which shall include salary, seniority pay, overtime pay andpenalty pay.The Employer further agrees that, upon written request, it shall deduct delinquent AGMAinitiation fees and dues from the Dancer’s compensation, assuming that an appropriateauthorization form has been provided by the Dancer.The authorization form set forth in the individual Dancer contract shall be sufficientunder this Agreement to invoke the Employer’s obligations hereunder.Within one (1) week after any dues or initiation fees have been deducted from a Dancer’scompensation, the Employer shall remit all such dues and fees to AGMA by check. At the sametime, the Employer shall submit to AGMA, on a form submitted to it by the Union, a recordwhich certifies the names, social security numbers, total wages and total deductions made forthat pay period.The Employer will also deduct dependent medical coverage premiums from the Dancer’scompensation upon receipt of a written authorization from the Dancer.(b) AGMA shall indemnify and hold the Employer harmless against any and allclaims, demands, suits or other forms of liability which may arise out of or by reason of anyaction taken or not taken by the Employer for the purpose of complying with any of theprovisions of this Article pertaining to the deduction of initiation fees, assessments, fines anddues or in reliance on any notice or assignment furnished regarding any such deductions.5. ADMITTANCE OF AGMA REPRESENTATIVE ON EMPLOYER’SPREMISES AND UNION ACTIVITY(a) Upon reasonable notice to the Employer, and provided it does not unreasonablyimpede any class, rehearsal or performance, any officer or duly authorized representative ofAGMA shall be admitted to the premises of the Employer. The Employer agrees to cooperatewith such representative in dealing with all matters pertaining to this Agreement.(b) Employees may not engage in any union activity, including discussion ofgrievances, during working time, when such activity might interfere with any class, rehearsal orperformance, without the permission of the Employer or except in the presence of arepresentative of AGMA, who is on the Employer’s premises pursuant to this Agreement.Should it begin to appear that matters being discussed will take more than a few minutes’ timeand will otherwise interfere with a class, rehearsal or performance, the Union’s representativeshall discontinue his or her discussion until a non-working rest period, lunch period or until afterworking hours.2

(c) The same rights granted to AGMA in subparagraphs (a) and (b) above shall alsobe granted in those instances where work is being performed at some place other than theEmployer’s premises, so long as the Employer has sufficient control over the premises to admitthe AGMA representative.6. INDIVIDUAL EMPLOYMENT CONTRACT(a) No Artist may take part in any performances or rehearsals or do any work inpreparation for a production without first signing an individual Artist’s contract. All contractsand agreements made by the Employer with the Artists under this Agreement shall conform inevery respect to the provisions of this Agreement and shall be executed only on the AGMAStandard Artist’s Contract for employment (hereinafter described) in quadruplicate, one copy forthe Artist, one for the Employer, one for AGMA and one for the AGMA Pension and HealthFund. AGMA’s copy shall be kept confidential by AGMA and available only (a) to theExecutive Secretary or other officer having an equivalent position, or (b) when a dispute arisesunder the Contract, and then only to the extent required.(b) Schedule “A”, attached hereto, is the Standard Artist’s Agreement approved byAGMA and to be entered into by the Employer with each Artist, subject to such additions theretoand modifications hereof as may be agreeable to the Artist and to AGMA but in no eventinconsistent with this Agreement and less favorable to such Artist. A schedule of rules andregulations, as approved by AGMA, may be attached to the individual contract.(c) Artists shall be employed on a weekly basis, on a performance basis or onguaranteed-employment basis on the terms and at not less than the minimum compensationhereinafter set forth.(d) When Artists are engaged on a weekly or guaranteed-employment basis, theStandard Artist’s Agreement may contain an option whereby the Employer may engage theArtist to render his services for a further specified period of consecutive employment. Thisoption may be exercised by the Employer only by delivering a notice in writing to the Artist andto AGMA at least one (1) month prior to the completion of the initial employment set forth inthe Standard Artist's Agreement.(e) All Artists who have been engaged for a minimum of twenty (20) weeks in thecurrent season shall receive notification of re-engagement or termination of employment for thefollowing season during the last week of January of the current season, and shall be required torespond thereto on or before March 8 th of the current season. The Employer shall issueindividual employment contracts to the Artists who have been re-engaged by no later than March10 th , and the Artists shall be required to return these signed contracts by no later than March 31 st .The Employer will make its best efforts to be available for Artist/Employer discussionsregarding compensation and rank during the first week after contracts have been offered toArtists or the next employment week in the event said week is a lay-off week. Artists who havebeen engaged for less than twenty (20) weeks in the current season shall receive suchnotification at least two (2) weeks prior to termination of their current individual contract, with atwo (2) week period to respond to the Employer.3

(f) Artists shall receive an evaluation of their performance and progress within theCompany at least ninety (90) days prior to the termination date of their individual contracts.7. ASSIGNMENT OF ARTIST'S CONTRACTThe Employer agrees that the individual contracts of employment between the Employerand any Artist may not be assigned or transferred to any other individual or corporation, norshall those contracts be binding upon any such individual or corporation, unless a writtenagreement permitting such assignment is reached among AGMA, the Employer, the Artist andthe prospective assignee and endorsed upon the face of the contract. Such restrictions shall notapply, however, in any situation where the assignee is simply a restructured or reorganizedversion of the Employer.8. LOWERING OF MINIMUMS AND WAIVERS PROHIBITEDThe Employer agrees that the minimum terms and conditions governing the employmentof Artists by the Employer are those contained herein, and the Employer further agrees that itwill not enter into any contract with or employ any Artist upon terms and conditions lessfavorable to the Artist than those set forth herein. The Employer agrees that no waiver by anArtist of any provision of this Agreement or any contract between any Artist and the Employershall be requested by the Employer or be effective unless the written consent of AGMA to themaking of such request or such waiver is first had and obtained, and the Employer further agreesthat nothing in this Agreement shall be deemed to prevent any Artist from negotiating for orobtaining better terms than the minimum terms provided for herein. In any case, however, noagreement or contract between the Employer and any Artist, whether or not such agreement orcontract contains such better terms, shall be binding upon the Artist or the Employer unless suchagreement or contract is in writing and approved by AGMA in writing. AGMA shall notwithhold approval unless it determines that such agreement or contract does not contain betterterms than the minimums provided herein.9. CHOREOGRAPHER'S CONTRACTChoreographers shall be compensated for their work as Choreographers in addition toany and all compensation which may be due them hereunder for their work as Dancers. TheEmployer shall make a written agreement with such Choreographer containing the terms andconditions upon which the Choreographer agrees to compose choreography and the Employeragrees to engage the Choreographer to compose choreography. The Choreographer agrees thats/he will not receive royalty payments during the first public production. The Choreographeralso agrees to license his/her work for three (3) public productions or three (3) years, whichevercomes first. Except as provided above, the Company agrees to compensate the Choreographer atrates not less than the following:4

same has been approved by AGMA. AGMA agrees that the security bond for establishedcompanies will be limited to one (1) week’s salary for the members of the Company.(b) No Artist shall leave the City of Origination for work outside said city unless theEmployer, prior to his/her departure therefrom, has provided for his/her transportation andhis/her baggage, including return transportation back to the City of Origination. In the event thatthe Employer fails to so provide, AGMA shall thereafter have the right to require the Employerto post such bond or bonds of such other security, including money or letter of credit, and insuch amount, as in its sole discretion AGMA shall deem necessary to insure the safetransportation and return of the Artist. AGMA reserves the right to set up other terms andconditions of granting permission to the Employer to take any Artists for an engagement, seriesof engagements or tours outside of North America (defined as Canada, Mexico and the UnitedStates of in America) as provided in the Standard Overseas Rider, attached hereto. TheEmployer agrees to make per diem increases for “high-cost areas” in Mexico. All other foreigntravel per diem shall be separately negotiated in the Standard Overseas Rider attached hereto.(c) Proof of the placing of the security bond with AGMA will be posted on theCompany bulletin board not later than the first (1 st ) day of each employment period.14. DEFINITIONSWhenever used in this Agreement unless otherwise provided:(a) Rehearsal Week - The term “Rehearsal Week” shall mean a “week” in which noperformances are given. The Employer and AGMA agree that a “Rehearsal Week” will consistof five (5) days of rehearsal plus two (2) Free Days. The Employer shall make best efforts toschedule consecutive Free Days that shall be Saturday and Sunday. Rehearsal weeks need notbe consecutive.(b) Performance Week - The term “Performance Week” shall mean a “week”commencing on Monday and ending on Sunday, during which at least one (1) performance isgiven. If a contract begins on any day other than Monday, the Artist shall be paid on a proratedbasis or a basis of one-seventh ( 1 / th 7 ) of his/her agreed-upon weekly salary for all days precedingthe beginning of the week.(c) The City of Origination - The term “City of Origination” shall mean the City ofPittsburgh, the Employer’s designated “Sister City,” and any city in which the Employer hasestablished a residency. Any engagement occurring within a fifty-five (55) mile radius from theCompany’s point of in-city departure shall be considered as occurring in the City of Origination.(d) Free Day - The term “Free Day” shall mean a twenty-four (24) hour period duringwhich the Artist may not be required to travel, perform, rehearse or perform any services orobligations for the Employer whatsoever. The Free Day shall not be interrupted by Companyfunctions, interviews, photo calls, costume fittings and so forth. Individual Artists shall notvolunteer any such services without prior written consent from AGMA. The Employer shalldesignate the Free Days four (4) weeks in advance on the schedule in both rehearsal andperformance weeks. The Employer may, however, change the designated Free Day when suchaction is necessitated by exceptional circumstances beyond the Employer’s control. The Free7

Days shall commence at midnight and end at 8:00 a.m. on the morning of the second (2 nd )following day. Each performance week shall have one (l) Free Day in each Monday throughSunday week with the Free Day occurring within ten (10) days of the beginning of such weekand not later than the tenth (10 th ) day following the immediately preceding Free Day.The foregoing notwithstanding, in the instance of any performance week occurringduring the four (4) week period immediately preceding and the two (2) week period immediatelyfollowing Christmas Day, the Employer may designate any day of the week as the Free Day iftheater bookings will not permit the Free Day by the tenth (10 th ) day following the immediatelypreceding Free Day.(e) Emergency Rehearsal - The term “Emergency Rehearsal” shall be defined as arehearsal necessitated by the inability of an Artist to appear due to sickness or injury when suchemergency has become known to the Employer not more than twenty-four (24) hours in advanceof the scheduled emergency rehearsal. All emergency rehearsals will be compensated for at thehourly overtime rate. Artists already called for a rehearsal shall not receive Overtime Pay if theArtistic Director alters the repertoire of the rehearsal scheduled, provided that the Artists aregiven at least one (l) hour’s notice of the change in the repertoire.(f) Extraordinary Risk - The term “Extraordinary Risk” shall be applied to aperformance or on-stage technical rehearsal or Dress Rehearsal which entails one or more of thefollowing high-risk feats for an Artist:(l)suspension from trapeze, wire or like contrivance more than four (4) feetabove stage floor;(2) performing on stilts or like devices which place Artist’s feet more than four(4) feet above stage floor;(3) operating explosive or pyrotechnic devices;(4) handling fire or performing near or around fire;(5) any other form of high-risk feat endangering Artist(s) to injury as mutuallydetermined by a local AGMA Committee and the Employer prior to the firstperformance.Notwithstanding the foregoing, performing on any construction or apparatus built above thestage floor or orchestra pit, regardless of height, shall not be considered “Extraordinary Risk” ifit is of such stability, width and protective danceability and having such railings as may benecessary so as to ensure the safety of the Artists. The Artistic Director and the Stage Manageror their designated representatives will discuss the potential risk with the AGMA Delegates andreach a determination as to whether an Extraordinary Risk exists.(g) Spill-Over Rehearsals - The term "Spill-Over Rehearsal” shall mean a rehearsalthat exceeds its scheduled time (one (l) hour or one-quarter (¼) hour increments) and is acontinuation of the prior rehearsal as scheduled. The rate of compensation is Overtime.8

(h) Spill-over Travel - The term “Spill-Over Travel” shall refer to any instance wherean Artist is required by the Employer to travel after midnight into a Free Day, holiday or layoffday. The rate of compensation is Penalty Pay. There shall be a five (5) minute grace periodbefore Penalty Pay begins. The Company shall not be obligated to compensate any individualArtist whose tardiness results in a late bus departure which causes the Penalty Pay provision tobe invoked.(i) Overtime - The term “Overtime” shall apply to those instances where the rate ofpayment is $37.00 for the 2010-2011 season; $38.00 for the 2011-2012 season; and $39.00 forthe 2012-2013 season. The AGMA Delegates shall use all best efforts to notify the Employer inadvance of any situation where they believe that the overtime rate might be incurred.(j) Penalty - The term “Penalty” shall apply to those instances where the rate ofpayment is $46.00 for the 2010-2011 season; $47.00 for the 2011-2012 season; and $48.00 forthe 2012-2013 season. The AGMA Delegates shall use all best efforts to notify the Employer inadvance of any situation where they believe the penalty rate might be incurred.(k) A Solo Dancer - The term “Solo Dancer” shall mean an Artist who has been sodesignated by the Employer in the Artist’s individual contract and/or the public announcements,programs and other literature issued by the Employer.(1) A Principal Dancer - The Term “Principal Dancer” shall mean an Artist who hasbeen so designated by the Employer in the Artist’s individual contract and/or the publicannouncements, programs and other literature issued by the Employer.(m) A New Dancer - The term “New Dancer” shall mean an Artist who has notpreviously been employed for twenty (20) weeks as a dancer with an AGMA ballet companyprior to signing his/her individual employment contract. Weeks worked as an Apprentice I at theCompany or another AGMA ballet company will not count toward this twenty (20) weeks. AnArtist who has been an apprentice for more than one (l) season at the Company or anotherAGMA ballet company may not be engaged as a New Dancer.(n) Apprentice - The term “Apprentice” shall mean a student of dance who lackssufficient experience to be a New or Corps Dancer, and has not previously worked ten (10) ormore weeks with an AGMA ballet company as a dancer or an Apprentice. An Apprentice II isan Artist who has served the previous year as an Apprentice I with the Company. Except asexplicitly modified in this subparagraph, all other provisions of this contract shall apply:(1) There shall be no more than five (5) Apprentices, of which no more thanthree (3) may be Apprentice II’s.(2) Level I and Level II Apprenticeships shall each be one (1) year in length;(3) The Company shall compensate the Apprentice Is at 50% of the Corps rateand the Apprentice IIs at 75% of the Corps rate for all rehearsal andperformance weeks;9

(4) All tour conditions, including but not limited to Hotels, Meal Money, modeof transportation, Travel Overtime, etc. will apply equally to Apprentices.Apprentices will receive per diem on tour;(5) The Company’s medical coverage plan for individual Artists shall be paidfor by the Company in accordance with subparagraph 41(b). In the event anApprentice under the age of 18 is covered by a parent’s or spouse’s medicalplan, the medical coverage provided for in subparagraph 41(b) shall not bepaid by Employer;(6) In each contract year, each female Apprentice shall be provided with asmany pointe shoes as are reasonably needed.(o) Replacement/Augmentation - In the event that an Apprentice or Student replacesan Apprentice or an Artist on a guaranteed contract or an Artist hired on a weekly basis for aportion of a season or a Student is used to augment the Company in excess of the numberprovided for in subparagraph 28(c)(2) of this Agreement, such Apprentice I or Student will bepromoted to and compensated as a New Dancer during all performance weeks, and will receive aretroactive, lump-sum payment equivalent to three (3) rehearsal weeks at the New Dancer rate.If an Apprentice II is promoted, his/her compensation during all performance weeks and thethree (3) rehearsal weeks will be at the Corps rate. These weeks shall count against the twenty(20) weeks an Apprentice I may work and still be classified subsequently as a New Dancer asdefined in subparagraph 14(m). If necessary, when the Company Dancer returns to theCompany, an Apprentice or Student may be required to complete the remaining weeks of theseason as an Apprentice or Student, respectively.(p) Dancers shall not have the right to refuse to appear in any dancing role or othercapacity as assigned by the Artistic Director, except in a situation involving performance in thenude.(q) Curtain Time - The term “Curtain Time” shall mean seven (7) minutes past theadvertised curtain time, or the beginning of the music of the first dance piece, whichever occursfirst. Provided, however, that this definition shall not apply in the event that the curtain time isdelayed by an injury to an Artist, in which case the curtain time shall be the time that the curtainactually goes up for the performance(r) Rest Time - The term “Rest Time” shall be defined as a span of time in which noArtist’s activity such as rehearsal, class, photo calls, costume fittings or travel may be scheduledwithout the appropriate compensation. Rest Time is understood to mean: Off-span (12 or 13)hours with the exception of scheduling of student matinee, fourth (4 th ) consecutive work hour,break period after travel, time between matinee and evening performances, Free Day, one-half(½) hour prior to curtain, and break time, intermissions/pauses and the time between the end ofrehearsal and beginning of performance.(s)shall apply:Student - Except as expressly stated herein, no other provisions of the contract10

(1) Maximum per production in accordance with subparagraph 28(c)(2)except for the Nutcracker. Students can only be used in those ballets toaugment the Corps;(2) A student is one who is enrolled in the PBT school;(3) Each female student who performs shall be given one (1) pair of pointeshoes for each rehearsal week and each performance week worked;(4) Students shall not be cast in lead or feature roles;(5) All touring provisions of this contract shall apply.(t) Irregularly Scheduled Rehearsal - The term “Irregularly Scheduled Rehearsal”shall be defined as a rehearsal called for any reason, except as defined in subparagraph 14(e) and14(g) above which is not on the schedule when posted. However, when a key Dancer asdetermined by the Artistic Director is absent, the posted rehearsal may be modified. IrregularlyScheduled Rehearsals will be paid for at the appropriate rate.(u) Residency - Any week of residency taking place outside the City of Origination,where said residency is not intended primarily for the presentation of performances, but duringwhich one or more performances may occur, shall be treated as a “performance week in the Cityof Origination” for the purposes of this subparagraph 22(a)(1) and of subparagraph 22(e), below.15. COMPENSATION(a) (1) Minimum Compensation - Rehearsal and Performance Weeks (Dancerson weekly or guaranteed-employment basis):7/1/10- 7/1/11- 7/1/12-6/30/11 6/30/12 6/30/13Apprentice I $442.63 $451.48 $465.02Apprentice II $663.42 $676.69 $696.99New Dancer $726.96 $741.50 $763.74Corps $884.19 $901.87 $928.93Soloist $964.96 $984.26 $1,013.79Principal $1,042.51 $1,063.36 $1,095.26Delegate Fee (Maximum of 3 Delegates)* $36.00 $36.00 $36.00Extraordinary Risk $45.00 $45.00 $47.00Ringmaster (Terrence Orr’s version of “Nutcracker”) $32.00 $32.00 $32.00* Delegate Fee reflects the maximum per week that is available and shall be split by no morethan three delegates (i.e., if three delegates, no more than $12 per person per week).(2) Any Artist who is requested to take charge for one-half (½) hour or moreof an officially scheduled Company rehearsal in the absence of a Ballet Master shall be paid notless than one-half (½) the hourly overtime rate for each such half-hour or fraction thereof. The11

Artist’s uncompensated rehearsal hours shall not be utilized in lieu of payment for performingthe service of replacement for the Ballet Master.(3) In lieu of the minimum compensation set forth in subparagraph 15(a)(1)above, the Employer agrees to pay each dancer at least the appropriate minimum compensationset forth in AGMA’s “National Dance Basic Agreement” during each NEA (NationalEndowment for the Arts) funded week.(4) Hotels - The Employer agrees to provide and pay for hotel rooms,including taxes for all Artists, on double-occupancy basis. It is understood that doubleoccupancy means that if two (2) unmarried persons are sharing the room, two (2) separate bedsmust be provided. If appropriate pairing cannot be achieved, Employer will recognize up tothree (3) singles, to include at least one (1) man and one (1) woman. Artists will be responsiblefor the payment of all hotel costs beyond the basic room rate and taxes. The Company willprovide Artists with hotel information as soon as it becomes available. The Company shall exertevery best effort to provide hotel information three (3) weeks prior to tour and will provide hotelinformation at a minimum two (2) weeks prior to tour. In cases where Employer must bothprovide and pay for hotel rooms, any Artist who notifies the Employer within one (1) week afterthe Employer has provided hotel information and the schedules are announced that he or shedoes not wish to stay in the designated hotel or hotels, shall receive the cash equivalency in anequal amount to one-half (½) the double-room rate plus taxes in the designated hotel, in additionto the meal allowance set forth in subparagraph (5), below.The Employer shall exert every best effort to book only those hotels that are apart of a nationally recognized hotel chain such as the level of Sheraton, Hilton, Hyatt, etc.(5) On any day in which the Artist is required to be more than thirty (30)miles from the in-city departure point:10-11 11-12 12-13Breakfast: until 10:00 a.m. $8.00 $8.00 $8.00Lunch: Noon to 2:30 p.m. $12.00 $12.00 $12.00Dinner: After 6:00 p.m. $29.00 $29.00 $29.00Total Per Day: $49.00 $49.00 $49.00(b)Seniority Minimum - Rehearsal and Performance Weeks(1) The Employer agrees to pay eight dollars ($8.00) to an Artist who hasbeen in the employ of the Employer for the appropriate period of time as defined hereinafterprior to the effective date of his/her employment in addition to any minimum compensationprovided for in this Agreement.This weekly seniority pay shall begin after one (1) year of employment and shallbe paid for each year of employment.(2) For the purpose of determining eligibility of the Artist to any of theseniority compensation provided for above, an Artist shall be required to have been employed bythe Employer not less than twenty (20) weeks (not necessarily continuous) or for all of the12

employment provided by the Employer in any fifty-two (52) weeks preceding the effective dateof his/her individual contract. Similarly, in order to be entitled to seniority compensation formore than one (1) year, such Artist shall be required to have been in the employ of the Employernot less than twenty (20) weeks (not necessarily continuous), or for all of the employmentprovided by the Employer in fifty-two (52) weeks in any additional one (1), two (2), three (3),four (4) or five (5) years preceding the fifty-two (52) weeks provided for in the precedingsentence.(3) Any Artist who is signed to an Artist’s individual contract after theeffective date of this Basic Agreement shall have his seniority compensation computed on thebasis of the provisions contained herein. Any Artist who is already under contract at the time ofthe effective date of this Agreement and who has been receiving seniority compensation underthe Basic Agreement heretofore in effect shall not have any seniority compensation s/he ispresently receiving diminished, but any additional seniority compensation to which s/he may beentitled under this Basic Agreement shall be computed on the basis of this Basic Agreement.(c)Maximum Number of Performances(1) The Artist may be required to take part in not more than seven (7)performances per week on tour and not more than eight (8) performances per week in the City ofOrigination. If the Artist shall be required to take part in more than seven (7) performances inany week while on tour or more than eight (8) performances in any week in the City ofOrigination, s/he shall be paid not less than one-seventh ( 1 / 7 th ) of his/her agreed-upon weeklycompensation for each such additional performance.(2) A Lecture Demonstration shall count as one-half (½) performance serviceproviding that the total elapsed time, including travel, but excluding rest time betweendemonstrations, does not exceed four (4) hours, and providing that each Lecture Demonstrationdoes not exceed fifty (50) minutes in length. There shall be not more than three (3) LectureDemonstrations in any one day, each being separated by not less than one and one-half (1½)hours if travel is involved and by no less than one-half (½) hour if no travel is involved.(3) All provisions of the Basic Agreement with respect to rehearsal and travelwill apply to Lecture Demonstrations.(4) In the event that a Lecture Demonstration is scheduled on the same day asa regular performance, the provisions of the Basic Agreement relative to a two-performance daywill apply. No one Dancer may appear in more than one Lecture Demonstration on aperformance day.(5) Preview performances will be considered full performances.(6) Rehearsal will be permitted following matinees and LectureDemonstrations only if there has been a ninety (90) minute rest period from curtain-down timeprior to the commencement of such rehearsal.(7) Rehearsals may be scheduled on Lecture Demonstration, days as follows:Three (3) hours of rehearsal in the event of one (1) Demonstration per day, two (2) hours of13

ehearsal in the event of two (2) Demonstrations per day and no rehearsal on days when threeDemonstrations are scheduled.(8) No stage makeup will be required for Lecture Demonstrations, exceptingspecial ethnic or character stage makeup which is integral to the Ballet. Street makeup isrequired for female dancers.(9) The Artist shall have access to warm-up space prior to a LectureDemonstration, and shall also have access to the performing space at least fifteen (15) minutesprior to commencement of said Lecture Demonstration. The Employer agrees to provide aprofessional floor surface, which the Stage Manager shall examine and prepare for the safety ofthe Artists. Artists shall not be required to lay the floor for a Lecture Demonstration, nor shallany Artist be required to dance on any nonprofessional floor which is recognized as dangerous tothe Artist. Artists shall not be required to carry any costume other than their own. Artists mayask for assistance in carrying their costume when needed. Responsibility for the costume shallremain with the Employer, even when the Artist is carrying his/her own costume.(10) Whenever possible, the Employer shall arrange for separate bathroomfacilities for its male and female Artists, as well as adequate seating in the dressing room. TheEmployer shall also arrange for separate dressing rooms for its male and female Dancers.(11) No Artist shall be required to perform in more than two (2) fullperformances per day.($50.00).(d)(12) Any Artist who teaches a Master Class shall be compensated Fifty DollarsPro Rata Performances(1) If the Artist shall be guaranteed not less than one (1) full performanceweek, then the Employer shall have the right, on two (2) weeks’ prior notice to engage the Artistfor not more than four (4) consecutive performance days in the week immediately preceding orsucceeding any such guaranteed full performance week at a pro rata amount of the Artist’sagreed-upon weekly compensation for performance weeks calculated on the basis of one-seventh( 1 / 7 th ) thereof for each performance in such week. The Employer, in lieu of the two (2) weeks’prior notice above referred to, may specify the number of such consecutive performance days(not exceeding four (4)). If, however, the Artist shall perform on any day in such week otherthan the four (4) consecutive performance days, the Artist shall be paid for such week, hisagreed-upon weekly compensation for performance weeks.(2) Employer shall have the right of engagement referred to above, providingthe Artist is engaged for rehearsals for the balance of the week, of which the said four (4)consecutive performance days are a part, at a pro rata amount of the Artist’s agreed-upon weeklycompensation for rehearsal weeks calculated on the basis of one-sixth ( 1 / 6 th ) thereof for each dayof rehearsal, and further provided, that the Employer shall have engaged the Artist for not lessthan one (1) full week of rehearsals for the week immediately succeeding.(3) Each Artist shall receive in each performance week one (1) Free Day asdefined herein.14

16. CLOSING TIME OF PERFORMANCEThe Employer agrees that in the event a performance shall be concluded after 11:30 p.m.or if the performance exceeds three (3) hours in length from curtain time, each Artist shall becompensated at the rate of one-half (½) the hourly overtime rate for each half-hour or fractionthereof during which the Artist is required to perform after 11:30 p.m. or in excess of three (3)hours from curtain time, provided, however, that if the conclusion of the performance wasdelayed by circumstances as outlined in subparagraph 44 (Force Majeure or similarcircumstances), the Employer shall not be liable for the compensation outlined above.17. INTERMISSIONS(a) The Employer agrees that there shall be a fifteen (15) minute intermissionbetween ballets and/or acts of ballets which require a change of costume and/or makeup byArtists appearing in both ballets or both acts of the same ballet. Intermission time shall beginfrom the time of final curtain following the end of curtain calls.(b) There shall be a call ten (10) minutes prior to the appearance of the Artist in suchsecond ballet advising the Artists that they shall be required on stage five (5) minutes after suchcall.(c) No rehearsals, walk-throughs, stagings and/or spacing will occur during anyintermission unless requested by an Artist or in an emergency situation.18. MATINEE PERFORMANCESThe Employer agrees that there shall be a minimum period of three (3) hours interveningbetween the conclusion of matinee performance and the commencement of the eveningperformance during which period the Artist may not be required to rehearse, travel and/orperform. However, there may be a two (2) hour intermission during Nutcracker seasons. In the2003-04 season only, there may be a two (2) hour intermission between any Sundayperformances.19. SINGING AND SPEAKING ROLESAn Artist shall be compensated $8.00 per performance for singing and/or speaking ten(10) words in a ballet or dance work. An Artist who sings or speaks more than ten (10) words ina ballet or dance work shall receive $35.00 per performance in addition to weekly contractualcompensation.20. LAYOFFS(a) If an Artist is called upon to perform one (1) or more performances during alayoff week, the Employer must pay the Artist his/her full regular weekly performance salary.(b) The Employer may layoff Artists in the City of Origination without anycompensation. The Employer agrees that all employment outside the City of Origination shall15

e continuous, and each Artist shall be compensated therefore at his/her performance-weeksalary, and that it shall not layoff an Artist in any place other than the City of Origination. Nolayoff shall occur on less than four (4) weeks’ prior written notice to each Artist, unless suchlayoff is caused by unforeseen circumstances.(c) When the artist returns to employment following a layoff period, the Employeragrees that the rehearsal schedule will be posted by noon two (2) working days before thebeginning of rehearsal.(d) When any Artist returns from a layoff from the Employer of three (3) weeks ormore duration, he/she will not be required to participate in a fully produced performance prior tothe Friday of the third week of his/her return.(e) Class shall be made available to Company members two (2) weeks prior to thefirst scheduled rehearsal week following the layoff.21. NONCITIZENS(a) The following provision shall apply to noncitizens of the United States who havebeen in this country less than five (5) years, or who have made application for United Statescitizenship; the Employer agrees that where the Employer enters into a contract with an Artistwho is not a citizen of the United States and who has so warranted in his individual contact, thenthe Employer may exercise his right to suspend payment to the Artist of the Artist’scompensation on a pro rata basis for each performance which the Artist is unable to fulfill, andrehearsals related thereto, due to the sole fact that the Artist is unable to leave the United Statesand perform in a foreign country because of his lack of citizenship. Where the Employer soexercises his/her right to suspend payment, then the Employer shall pay per diem to the Artist foreach day payment is suspended.(b) At the time of any offer of employment to noncitizens who do not have a GreenCard, Employer agrees to explain to said Artist of the possibility of being “out-of-status” duringlayoffs and ineligibility for unemployment benefits.22. REHEARSALS DURING PERFORMANCE WEEKS(a) The Artist may be called upon to rehearse during each performance week withoutthe payment of additional compensation provided that:(1) Benedum Center Performance Weeks.In a week in which a performance is scheduled at the Benedum Center or ByhamTheater, an Artist shall not be required to rehearse on two (2) performance days, nor shall anArtist be required to rehearse in excess of two (2) hours on one (1) performance days (may be upto three (3) hours for an on-stage rehearsal only) and four (4) hours on all nonperformance days;except that on one (1) nonperformance day, five (5) hours of rehearsal may be required. Therehearsal on the day before the performance day can be used only to rehearse the repertoire to beperformed within the next seven (7) days thereafter. Notwithstanding the provision insubparagraph 22(b), during each production per season on one (1) day of each week of the16

production, an Artist may be required to rehearse up to four (4) consecutive hours without a one(1) hour break without receiving Overtime Pay, provided that the four (4) hour rehearsal is theonly rehearsal scheduled that day.(2) Performances Weeks for Productions Outside of the Benedum Center.At the Artistic Director’s sole discretion, during performance weeks involvingperformances outside of the Benedum Center, the provisions of this subparagraph orsubparagraph 22(1) shall apply. In a week in which two (2) or fewer performances onconsecutive days or the same day are scheduled at a location other than the Benedum Center, anArtist's maximum work week without overtime compensation shall be thirty (30) hours,including performance calculated as three (3) hours or the actual length of the performance,whichever is greater, and travel time, as calculated in subparagraph 31(l). During this week, anArtist shall not be required to rehearse on two (2) performance days, nor shall an Artist berequired to rehearse in excess of two (2) hours on one (1) performance days (may be up to three(3) hours for an on-stage rehearsal only) and five (5) hours on nonperformance days. Therehearsal on the day before the performance day can be used only to rehearse the repertoire to beperformed within the next seven (7) days. However, on the day before the Nutcracker Ball orother special gala event, there may be rehearsal of other material, provided that there must be arun through of the repertoire which will be performed the following day.(3) The Artist shall not be required to rehearse within the two (2) hour periodprior to the commencement of any performance unless such rehearsal is scheduled underemergency conditions as herein defined and further provided that such emergency rehearsal iscompensated for as provided in paragraph 22(b) of the Agreement.(4) To reflect current practice, during theater tech rehearsals, dancer breakswill be taken at the end of an act and shall be no less than fifteen minutes.(b) The maximum number of consecutive hours of rehearsal is three (3) hours. If theArtist shall be required to rehearse in excess of the maximum number of hours per day or perweek, as above provided, s/he shall be paid not less than the hourly overtime rate for each suchadditional rehearsal hour or fraction thereof. The fourth (4 th ) hour after three consecutive hoursof rehearsal must be an uninterrupted rest hour. When the hours rehearsed are not consecutive,the one (1) hour break will be given after three (3) hours total of rehearsal.(c) The Artist shall not be called for class, rehearsal or any required service soonerthan twelve (12) hours following the end of the preceding performance or rehearsal period in theCity of Origination.On tour, there shall be a twelve (12) hour interval from the end of the last precedingrehearsal or performance to the next call. In case of an emergency, as defined herein, the Artistshall receive compensation as provided in subparagraph 22(b) above. However, there may beless than a twelve (12) hour interval for travel home, as long as no service other than travel isrequired, provided that the specific schedule and length of the interval must be discussed withand approved by the delegates before it is finalized.17

(d) Rehearsal will be permitted on a day in which two (2) performances are givenonly in case of emergency, as defined herein, in which event the Artists shall receivecompensation as provided in subparagraph 22(b) above.No costume fitting and/or photo calls shall be permitted on a two (2) performance day,unless the Artist is compensated at the penalty rate with a one (1) hour minimum call guaranteed.(e) If the Artist shall be required to rehearse at any time during a Free Day, asdefined in subparagraph 14(d) of this Agreement, the Artist shall be called for a not less than two(2) hour minimum call for which the Employer shall compensate the Artist at a rate of not lessthan the hourly penalty rate for each hour of rehearsal or fraction thereof. In the event thatrehearsal on the Free Day exceeds two (2) hours, the Employer shall compensate the Artist at arate of not less than one-half (½) the hourly penalty rate for each additional half-hour of spilloverrehearsal or fraction thereof.(f) Upon arrival at the hotel at the conclusion of a bus trip which has taken thembeyond a fifty-five (55) mile radius from their point of origination that day, the Artists shall begranted a ninety (90) minute rest period prior to any class, call or other activity. If the Employershall violate the provisions in this paragraph, the Employer agrees to compensate each Artist atthe hourly penalty rate for each hour or fraction thereof for each such violation. When travelingfrom the City of Origination, the ninety (90) minutes shall not apply when the distance traveledis fifty-five (55) miles or less, or the time traveled is one (1) hour or less, whichever is greater.(g) If the Artist is at any time required to rehearse during any of the following timesduring a Performance Week, the compensation for such period shall be as noted hereunder:(i)(ii)Class, Rehearsal and/or any service or activity except for student matineeswithin the elapsed twelve (12) hour period in City of Origination and ontour: the hourly Penalty Rate.Rehearsals after evening performances: the hourly Penalty Rate.(h) Any rehearsal may be called, counted and calculated for in one-half (½) hourincrements. Dancers shall be given a break of at least five (5) minutes following the firsttwenty-five (25) minutes of each scheduled one-half (½) hour of service, or a break of five (5)minutes after the first fifty-five (55) minutes of each scheduled one (1) hour of service. Themaximum number of consecutive hours of rehearsal is three (3) hours. If the Artist shall berequired to rehearse in excess of the maximum number of hours per day or per week, as aboveprovided, s/he shall be paid not less than the hourly overtime rate for each such additionalrehearsal hour or fraction thereof. The fourth (4 th ) hour after three consecutive hours ofrehearsal must be an uninterrupted rest hour. When the hours rehearsed are not consecutive, theone (1) hour break will be given after three (3) hours total of rehearsal.(i) If the Artist is dismissed from rehearsal and is recalled for further rehearsal withinone (1) hour of the time of such dismissal, then such intervening time between dismissal andrecall shall be counted as if the Artist had rehearsed.18

(j) Compensation for rehearsals shall commence from the time of the call for suchrehearsals and conclude at the time of the scheduled end of rehearsal. In the event an Artist isdismissed prior to the end of the scheduled rehearsal, the Artist will be compensated as if theArtist has rehearsed.(k) (1) The Employer agrees that if during a performance week any trip exceedseight (8) hours in length, the number of free rehearsal hours granted the Employer during suchperformance week are to be reduced by the number of hours any trip exceeds eight (8) hours.(2) The Employer further agrees that if any trip exceeds eight (8) hours, thenon that day the Employer shall not call any rehearsal.(l) Employer agrees that when the Company travels, rehearses and/or performs in thesame day, the total number of hours shall not exceed nine (9) hours. AGMA agrees that on dayswhen rehearsals are substituted for performances, the number of rehearsal hours otherwisepermitted, subject to the limitations above, may be increased by two (2) additional hours exceptthat the total time of travel and rehearsal for such days shall not exceed a total of nine (9) hours.The foregoing notwithstanding, it is agreed that during performance weeks in the City ofOrigination, an Artist may be required to rehearse not more than four (4) hours per day onnonperformance days except that on one (1) nonperformance day, five (5) hours of rehearsalmay be permitted. The rehearsal on the day before the performance day can be used only torehearse the repertoire to be performed within the next seven (7) days thereafter. At the ArtisticDirector’s sole discretion, during performance weeks within the parameters of subparagraph22(a)(2), the number of hours permitted in an Artist’s work day and/or work week without theArtist receiving Overtime Pay may be as provided in subparagraph 22(a)(2).(m) AGMA agrees, upon application by the Employer, to grant said Employer awaiver of the rehearsal provisions as set forth in subparagraph 22(g) of the Agreement, providedthe Employer submits adequate proof to AGMA that a rehearsal was solely called due to anemergency, and provided the Artists so rehearsed are those who are required to be rehearsedbecause of the emergency. If such waiver is granted the Employer agrees to pay the Artistsovertime compensation as provided in subparagraph 22(b) of the Agreement.(n) The Artist shall not be penalized for refusal to rehearse and/or perform on aconcrete floor, even though it may be covered with linoleum.(o) In the theater, there shall be a minimum one (1) hour interval between the end ofthe last rehearsal and the scheduled warm-up prior to a performance. In the event the lastrehearsal prior to a performance is at the studios, there will be a one and one-half (1½) hourinterval prior to the scheduled warm-up.(p) If a rehearsal is called after a Matinee Performance, there shall be a one and onehalf(1½) hour interval between the closing time of the Matinee and the first rehearsal call exceptif the Artists elect to have a shorter interval.19

23. REHEARSALS DURING REHEARSAL WEEKS (FOR ARTISTS ONWEEKLY OR GUARANTEED-EMPLOYMENT BASIS)Rehearsal Weeks shall have the following elements:(1) During Rehearsal Weeks the Artist may be called upon to rehearse notmore than thirty (30) hours per week and not more than six (6) hours in anyone (1) day.(2) Any rehearsal may be called, counted, and compensated for in one-half(½) hour increments. Artists shall be given a break of not less than five (5) minutes followingthe first twenty-five (25) minutes of each scheduled one-half (½) hour of service, or a break offive (5) minutes after the first fifty-five (55) minutes of each scheduled one (1) hour service.(3) If the Artist is dismissed from rehearsal and is called for further rehearsalwithin one (1) hour of the time of such dismissal, then such intervening time between dismissaland recall shall be counted as if the Artist had rehearsed.(4) If the Artist shall be required to rehearse more than thirty (30) hours perweek or more than six (6) hours per day during a five-day week, s/he shall be paid additionalcompensation of not less than the hourly Overtime Rate for each such additional rehearsal houror fraction thereof.(5) Spill-Over overtime rehearsal as defined herein, will be paid for at the rateof one-quarter (¼) the hourly Overtime Rate for each one-quarter (¼) hour or fraction thereof.(6) In the event that the Artist is called to rehearse at any time during a FreeDay as defined in subparagraph 14(d) of this Agreement, the Employer will pay the Artist at thehourly Penalty Rate for not less than a two (2) hour minimum call and payable thereafter in onehalf(½) hour increments for each additional one-half (½) hour or fraction thereof.(7) Rehearsal weeks need not be consecutive.(8) The Artist may not be required to rehearse sooner than thirteen (13) hoursfollowing the end of the last preceding rehearsal period. If the Artist is required to rehearsewithin the thirteen (13) hour period, s/he shall be compensated for such rehearsal at theappropriate hourly Overtime Rate per hour or fraction thereof. Rehearsal hours shall bescheduled within a thirteen (13) hour span during all rehearsal weeks.(9) During Dress Rehearsals in the studios, there shall be fifteen (15) minutesat the beginning of the rehearsal to change into costume, and fifteen (15) minutes to change outof costume before the rehearsal concludes. If the Dress Rehearsal is for more than one (1) balletor acts, the Artist shall have fifteen (15) minutes between each ballet or act. The fifteen (15)minute costume change shall be considered to include a five (5) minute break.20

24. REHEARSALS - MINIMUM GUARANTEE(a) When any Artist returns from a layoff from the Employer of three (3) weeks ormore duration, s/he will not be required to participate in a fully produced performance prior tothe Friday of the third week of his/her return.(b) Class shall be made available to Company members two (2) weeks prior to thefirst scheduled rehearsal week of the season, on a local-option basis.25. FREE DAYS AND HOLIDAYS(a) During each five (5) day rehearsal week, each Artist will receive two (2) FreeDays as is defined herein. In the absence of special circumstances or needs, those two (2) FreeDays shall be Saturday and Sunday.(b) Artists may not be required to rehearse and/or perform on the following legalholidays: Labor Day, Independence Day, Memorial Day, Thanksgiving, Christmas, New Year’sDay and Martin Luther King, Jr. Day. All such legal holidays shall be in addition to theregularly scheduled Free Days. If there is a performance scheduled on the legal holiday, theArtists shall receive an extra Free Day within the succeeding or preceding four (4) week periodof employment.(c) For tours which are in excess of twenty-one (21) days, the Employer shall use allbest efforts to designate the Free Day on the day immediately following the Company’s return tothe City of Origination.26. REHEARSAL CONDITIONS - GENERAL PROVISIONS(a) The Employer shall not schedule a Dancer for rehearsals in two separate studiosin the same time period. If the Dancer does rehearse in two separate studios during the sametime period, it shall count and be compensated for as two rehearsals.(b) The maximum number of consecutive hours of rehearsal is three (3) hours. If theArtist shall be required to rehearse in excess of the maximum number of hours per day or perweek, as above provided, s/he shall be paid not less than the hourly overtime rate for each suchadditional rehearsal hour or fraction thereof. The fourth (4 th ) hour after three consecutive hoursof rehearsal must be an uninterrupted rest hour. When the hours rehearsed are not consecutive,the one (1) hour break will be given after three hours total of rehearsal except for full dressrehearsals with orchestra for Sleeping Beauty and Swan Lake where rehearsals may be fourconsecutive hours. If the Artist is scheduled to rehearse for a fourth (4 th ) consecutive hour, s/heshall be compensated the hourly penalty rate. The Artist will not be required to travel to anotherplace of rehearsal during the one (1) hour rest period.(c) When the cast of any ballet is required to execute movements or kneel on thefloor in any rehearsal room or on stage, the floor of such room or stage shall be maintained inproper condition for such work and cleaned prior to such class and/or rehearsal. No otherrehearsals shall be called on the freshly cleaned floor prior to the rehearsal in question.21

(d) The Artist shall be given a five (5) minute break during each scheduled one (1)hour or one-half (½) hour rehearsal.(e) Artists must have one and one-half (1½) hours off between class and/or rehearsalscalled at two (2) different locations.(f) Any Artist who is required to understudy a part shall be compensated at theregular rehearsal rate as provided herein. All understudies must sign in at half-hour and mustalways be present in the theater, ready and able to perform. Artists may be dismissed fromremaining in the theater by the Employer.(g) Artists shall not be penalized for refusal to rehearse on a concrete floor, eventhough it may have a linoleum covering.(h) An employer representative will be present at all times when the Company isrehearsing in the theater and at all Lecture Demonstrations. This representative will beresponsible for the floor condition, heating, adequate lighting and for calling breaks and keepingexact time records with regard to commencement and dismissal of rehearsals. The Employeragrees that an official management representative with authority and decision-making power willaccompany the Dancers on all tours.(i) Smoking, eating and drinking beverages other than water by either Artists and/orall management personnel shall be prohibited in any space where a class, rehearsal and/orperformance is being held.(j) All dress rehearsals or rehearsals requiring makeup must include a one and onehalfhour (1½) rest interval prior to the on-stage call for a dress rehearsal. Class shall not bescheduled during this interval.27. POSTING OF REHEARSAL AND PERFORMANCE SCHEDULES(a) A call board shall be provided in each place where rehearsals are regularlyscheduled, and all notices concerning rehearsals shall be posted thereon.(b) During all rehearsal and performance weeks, the complete individual Artist’sschedule shall be posted by 12 noon, two (2) working days in advance of the rehearsal.(c) If the Employer does not abide by the foregoing (a) or (b) above, or any partthereof, the Artist shall be exonerated for any lateness or missing of rehearsals occasionedthereby.(d) The program of ballets, including casts, shall be posted on the bulletin board two(2) weeks and two days before the first performance. Any change in casts following suchposting shall be made by the Employer upon personal notification to each involved Dancertwenty-four (24) hours in advance of performance, except in the case of an emergency whenlater notice may be given.22

(e) In the event of a world premiere, the cast for said premiere/ballet will be postedby no later than the end of the third (3 rd ) day of the first rehearsal week. For all other works, thebasic cast and understudies shall be posted six (6) work days after commencing rehearsals for awork during the current season.(f) In the event of a world premiere, the individual Artist’s schedule must be postednot later than 3:00 p.m. of the third (3 rd ) day of the first rehearsal week of said premiere.(g) The Employer shall have listed in the program distributed to the audience, or haveannounced to the audience, the names of all Artists who perform leading roles, as designated bythe Artistic Director.(h) Nutcracker Tour Schedule - The entire Nutcracker tour schedule shall beavailable to all Artists at the earliest possible time, but in no event later than two (2) weeks priorto departure. Such schedule shall include all pertinent information, i.e., casting, itinerary, hotels,performance times, etc.(i) The Employer shall provide to the Artists a schedule of performance weeks forthe following season by the end of each season. The Employer shall provide to the Artists aschedule of lay-off weeks for the season at the beginning of each season. Both of theseschedules are subject to change with four (4) weeks’ notice.(j) At least three (3) times during the season there shall be a meeting between the fullCompany, the Artistic Director, and the Managing Director. The meetings will be scheduledduring scheduled rehearsal hours.(k)All postings of basics shall include a clear list of understudies for each part.28. GUARANTEE EMPLOYMENT(a)DefinitionThe Employer and AGMA agree that the term “guarantee employment” shall mean anemployment of the Artist by the Employer whereby the Employer Guarantees the Artist not lessthan thirty-eight (38) weeks of employment in any period of twelve (12) consecutive months,and of which not less than twenty-four (24) weeks shall be at performance week’s salary. Thebalance of weeks shall be paid at the appropriate performance or rehearsal salary as contained inthe Individual Artist’s contract.(b)Summer Employment(1) The Employer agrees to notify each Artist, in writing, by April 15 th ofeach year, as to the availability of summer employment (which shall mean the period from June15 th through Labor Day) whether or not any engagements have actually been booked.(A) If the thirty-eight (38) week employment guarantee has been metby the above date and the notice sent to the Artist does not guarantee any summer employment,the contract between the Artist and the Employer is to be deemed terminated as of the above23

date, and both parties shall be released from any further obligations under the Artist's contractafter June 15 th of each year.(B) If the notice does guarantee summer employment, the Artist shallbe bound under his/her contract whether or not the thirty-eight (38) weeks’ employmentguarantee has been met.(C) If the thirty-eight (38) weeks’ employment guarantee has not beenmet, the Artist is bound under his/her contract whether or not the notice guarantees summeremployment.(c)Guarantee- Employment.(1) The Employer agrees to maintain, throughout the season, the samenumber of Artists who are on a guarantee-employment contract at the beginning of the season,subject to the following limitations. If an Artist on a guarantee-employment contract breacheshis or her contract by leaving the Employer after its first production at the Benedum Center, theArtist will be counted as being on a guarantee-employment contract for purposes of thissubparagraph. If the Employer engages an Artist on a guarantee-employment contract after itsfirst production at the Benedum Center, notwithstanding the definition of guarantee-employmentcontract in subparagraph 28(a), the Artist will be offered a guarantee-employment contract onlyfor the remaining performance and rehearsal weeks of the season in which the contract isoffered.(2) The Company guarantees to employ a minimum of twenty-eightprofessional Artists (including Apprentices) under contract on a guarantee-employment contracteach year. That being the case, the Company is permitted to use up to ten students in full lengthballets, four students in mixed-rep works, and an unlimited number of students in theNutcracker. Replacement/Augmentation compensation as set forth in Article 14(o) shall be paidif the Employer uses students in excess of the number referenced above. For purposes of thissubparagraph, full-length ballets shall mean a single ballet that is the only work on the programor Carmina Burana.29. SINGLE PERFORMANCE(a)CompensationAll Artists, on a single-performance basis, shall be paid not less than Three HundredDollars ($300.00) for each single performance in the City of Origination. If the Artist is requiredto perform outside the City of Origination, s/he shall be paid the applicable per diem rate setforth in this Agreement.(b)Per Diem - Meal MoneyIn those instances where the Artist is required to perform outside the City of Origination,but is not required to remain outside the City of Origination overnight, the Artist will, in lieu ofper diem provided herein, receive meal money.24

(c)Guarantee of Rehearsal HoursAll Artists engaged on a single-performance basis shall be guaranteed not less than ten(10) paid rehearsal hours to be paid for at the rate of Fifty Dollars ($50.00). No free hours ofrehearsal shall be permitted in conjunction with a single-performance engagement.30. SUSTENANCE PAYMENT DURING TRAVELIf an Artist under any type of employment contract is required to travel or be outside theCity of Origination at any time during the week which is neither a rehearsal week nor aperformance week, s/he shall be paid not less than the applicable per diem for each day(beginning at midnight and ending the following midnight) or part thereof.31. TRANSPORTATION - GENERAL PROVISIONS(a) The provisions of this paragraph shall apply to all travel required by theEmployer, whether or not it is performance-related.(b) The Employer shall submit to AGMA a copy of the proposed itinerary of anytour, and in addition, shall submit in writing to AGMA a statement concerning the proposedmethod of transportation to be- used during the tour. Both such reports shall be submitted toAGMA and shall be posted for the Artists at least two (2) weeks preceding the first day of anytour. Two (2) copies of a detailed tour itinerary will be made available to each Artist not laterthan one (1) week prior to the commencement of the tour. Any additions or changes in theitinerary which are within the control of the Employer must be announced to the Company atleast one (1) week in advance of such change. Any additions or changes in the itinerary whichare not within the control of the Employer shall be announced to the Company as soon aspossible. Mail will be forwarded from the Company office to the Artists on tour at least onceeach week. The Employer shall agree to negotiate about any travel outside of the United States.Travel outside the United States may not take place in the absence of agreement on the termsapplicable to such travel.(c) Whenever any Artist shall work for the Employer outside the City of Origination,the Employer shall provide and pay for the transportation of such Artist from the City ofOrigination to such point or points outside and the Artist’s return transportation to the City ofOrigination.(d) The Employer agrees to reimburse the Dancers for taxi fare from the Employer’sprincipal place of business to their homes on those days when the Dancers return from tour anddo not arrive at the Employer’s principal place of business until after 8:00 p.m. Reimbursementshall be at the actual rate of fare, plus reasonable gratuity. Receipts will be required in allinstances. The Employer may, at its discretion, require that up to four (4) Dancers share thesame taxi.(e) The Employer also agrees to pay for all transportation charges which may beincurred by the Artist during the course of a trip, such as taxi fares between terminals, etc.25

(f) Personal Baggage - The Employer shall provide and pay for the transportation ofthe Artist’s personal baggage to such outside point or points and return to the City of Originationup to the maximum limit provided by carriers for travel in the United States, and the Employershall be liable for any loss to the Artist on account of loss or damage to his/her personal baggage(ordinary wear and tear excepted) while in transit, if the Artist shall have provided a suitablecontainer therefore and shall have kept the same locked when not in use, but not in excess ofOne Thousand Dollars ($1,000.00) for each Artist.(g)Transportation to Places of Performance RehearsalThe Employer agrees that in the event that the Artist, while on tour only, shall berequired to perform or rehearse in any town at a place further than one-half (½) mile from acentral point near which the majority of the Artists shall be quartered (to be mutually agreedupon by the Artists and the Employer), then bus or similar transportation to and from such placeshall be provided for all Artists by the Employer at its own expense. If the Artist is scheduledfor rehearsal outside the theater of performance, the Employer will grant the Artist sufficienttime to allow the Artist travel time to reach the theater of performance in addition to the timerequirements of subparagraph 22(f). In the event of inclement weather, or if the route betweenthe hotel and the theater is deemed to be unsafe, after consultation between the AGMArepresentative and the Employer, a bus shall be available to Artists one-half (½) hour aftercurtain time to provide transportation to the hotel. Prior to the tour, the tour planner shallprovide the delegates with a map showing nearby eating accommodations. If the delegates donot believe that the available eating accommodations are adequate or sufficiently nearby, theEmployer shall provide transportation for Artists to and from an acceptable eatingaccommodation or provide meals at the theatre or hotel.(h) The Employer shall provide for transportation to all park performances, lecturedemonstrations, rehearsal videotaping sessions and other similar activities which occur outsideof a one (1) mile radius from the Employer’s principal place of business in the City ofOrigination. The Employer may request that the Artists carpool in such circumstances. AnyArtist who provides such transportation shall be reimbursed at the prevailing IRS mileage ratefor business travel per mile driven. The number of miles reimbursed shall be from theEmployer’s principal place of business to the place of performance and back, as determined bythe Employer. This same system may be applied when the Company performs at the BedfordSprings Festival.(i)Travel on Free DayWhere the Employer requires that the Artist travel on a Free Day, the Artist shall be paidthe hourly penalty rate with a two (2) hour minimum call and, thereafter, s/he shall becompensated at the penalty rate in one-half (½) hour segments.(j)Method of TransportationWhere railroad, boat, bus, car and/or airplane transportation is used, the specialprovisions set forth under paragraphs 32, 33, 34 and 35, respectively, shall be applicable.26

(k) Dancers shall be not called between midnight and 8:00 a.m. If a Dancer is calledbetween the hours of midnight and 8:00 a.m., the penalty rate shall apply.(l) If a Dancer is required to travel after midnight, and such travel runs into a FreeDay, holiday or layoff day, the first two (2) hours of additional time shall be treated as spill-overtravel time, and the Dancer shall be paid for such time at the penalty rate, calculated in onequarter(¼) hour increments. If the spill-over travel time exceeds two (2) hours in any instance,the Dancer shall instead be paid for the entire time so spent in an amount equal to one-sixth ( 1 / 6 )of his/her weekly salary. If the spill-over travel runs into a layoff week, only those Dancerstraveling with the Company shall receive the above payment.(m) When the bus or other group transportation provided for the Dancers is scheduledto return to the City of Origination after midnight, spill-over travel time will be paid to anyDancer who chooses to use his/her own transportation when the bus is scheduled to and doesreturn to the City of Origination later than midnight if the Dancer also incurs spill-over traveltime. Whether and the extent to which a Dancer incurs spill-over travel time shall be determinedin the following manner: The Dancer is responsible for informing the tour manager as s/heleaves the theater. Failure to do so means no spill-over travel time will be paid. The distance tobe driven will be calculated as that between the theater of performance and the PBT building inthe City of Origination. The length of time it takes to get from the theater to the PBT buildingwill be calculated by dividing the number of miles to be driven by sixty (60) miles per hour. Ifthe length of time so calculated from the time of leaving the theater places the Dancer back at thePBT building after midnight, s/he shall be paid spill-over travel time according to the provisionsof subparagraph 31(l) above.32. RAILROAD TRAVEL, CONDITIONS OF(a) Pullman Berth to be provided - In the event that such railroad transportation orany part thereof shall take place between the hours of midnight and 8:00 a.m., the Employershall provide an individual Pullman sleeping berth for each Artist, except where the Employerpurchases a full Pullman car for the Artists and where the Artists who do not receive anindividual berth are given such berth on the trip immediately succeeding which occurs betweenmidnight and 8:00 a.m. Where the circumstances set forth in the preceding sentence do notoccur, then the Artist shall receive the difference in money between the fare actually paid by theEmployer for the Artist and the cost of such individual Pullman sleeping berth.(b) Coach Seats - The Employer shall make every effort to ensure each Artist regularseating facilities in any train where such transportation is by coach service.33. BOAT TRAVEL, CONDITIONS OFWhere transportation can only be provided for by boat, the accommodations for theArtist shall be what is commonly termed “Tourist” passage or better. In the event that any boatdoes not have “Tourist” passage, the accommodations shall be such passage as is comparable towhat is commonly termed “Tourist” passage or better.27

34. BUS TRAVEL, CONDITIONS OF(a)Any Artist who is required to travel by bus more than:A. five (5) hours on a one- (1-) performance day, orB. eight (8) hours on a non-performance day, orC. two (2) hours on a two- (2-) performance dayshall be compensated for such travel at one-half (½) the hourly overtime rate for each half (½)hour of excess travel or fraction thereof. Travel will be counted from departure hotel to arrivalhotel, or from departure hotel to performance theater or rehearsal place, whichever occurs first,and lunch and/or rest stops will not be counted as travel time.(b) Proof of Insurance - The Employer agrees to submit proof to AGMA in writingthat the carrier Company carries liability insurance of at least One Hundred Thousand Dollars($100,000.00) for each Artist engaging in travel with a maximum of Five Hundred ThousandDollars ($500,000.00) for each vehicle employed. Proof of such insurance will be posted on theCompany bulletin board two (2) weeks prior to the commencement of any travel by bus.(c) Bus Standards - The Employer agrees that transportation by bus shall be by firstclassmotor bus, with heating and ventilating facilities in working order. In the event the busused to commence a tour requires replacement because of an emergency, such replacement busshall meet the same standards as to seating capacity, luggage facilities, ventilation and heatingfacilities as in the initial bus. Such replacement shall take place within no more than three (3)days from the date of the occurrence of the emergency. Where such replacement does not takeplace within the time specified above, the Artists shall have the right to refuse to travel by bus.Where such replacement bus arrives within the time specified above but is not up to thestandards of the initial bus, the Employer shall have not more than five (5) days from date ofarrival to obtain another replacement. Where such second (2 nd ) replacement bus does not arrivewithin the time specified above, or it is not up to the standards of the initial bus, the Artists shallhave the right to refuse to travel by bus beyond the next scheduled stop.(d) Lunch Stop and Rest Stop - The Employer agrees that where an Artist is requiredto travel by means of bus, the Artist will have a lunch stop of one (1) hour after approximatelyfour (4) hours of travel and a rest stop of twenty (20) minutes after each period of approximatelytwo (2) hours of travel.Should bus travel invade any portion of the lunch hour, an equal amount of time shallthen be applied to the rest period at the hotel prior to bus call to theater.35. AIRPLANE TRAVEL, CONDITIONS OF(a) In the event the Employer chooses to transport Artists by airplane, AGMA willapprove flights upon regularly scheduled airlines which are CAB- and IATA- approved. Underany circumstances, the Employer agrees that the written consent of each Artist shall be obtainedfor the use of airplane travel within the individual contract between the Employer and the Artist.28

The Employer agrees to purchase insurance on the life of each Artist during said airplane travel,having a value of no less than Fifty Thousand Dollars ($50,000.00), which may be purchasedpersonally by each Artist if Employer pays cost of premium directly to each Artist. When theEmployer purchases the flight insurance, he will provide beneficiary cards at the beginning ofeach season. Air travel shall be timed from the time of transportation call until arrival at thedestination hotel or at the Pittsburgh Airport whichever is applicable. When departing from thePittsburgh Airport, transportation call shall be one half hour before scheduled departure. TheEmployer agrees that, in all cases where it is necessary for Artists to travel between airportterminals and airports, the Employer will arrange for and pay for the transportation of the Artistbetween city airport terminals and airports. Should departure by airplane be delayed due to anyconditions, adequate accommodations shall be provided all Artists, including hotel room,between 12:00 a.m. and 8:00 a.m. in a hotel where the entire Company can be called for theflight simultaneously. When a flight is chartered by the Employer, the makeup kits and practiceclothes will, whenever possible, be carried on the same plane as the Artists. Scenery and otherequipment will not be carried in the passenger section of the plane if it is of a nature and size thatwill cause discomfort to or endanger the Artists. If the Artist is required to travel by airplane,s/he shall be granted a ninety (90) minute rest period at the hotel prior to any class, call or otheractivity. The time off will be counted from time of arrival at hotel. If the Artist is called upon toperform any services for the Employer during the established rest period following flight, theArtist shall be paid at one-half (½) the hourly penalty rate for each half-hour (½) or part thereofthat the rest period is violated.Any Artist who is required to travel by air more than:A. five (5) hours on a one- (1-) performance day, orB. eight (8) hours on a non-performance day, orC. two 2 hours on a two- (2-) performance dayshall be compensated for such travel at the rate of one-half (½) the hourly overtime rate for eachhalf (½) hour of travel or fraction thereof. Travel time will be counted from departure hotel toarrival hotel or from departure hotel to performance theater or rehearsal place, whichever occursfirst. The Employer will not be responsible for payment of overtime contained in this paragraphif the excess travel time was due to inclement weather, mechanical failure, or delay in departureor landing of the aircraft over which the Employer has no control.(b) Following any intercontinental flight of five (5) or more hours’ duration, norehearsal shall be scheduled within twenty-four (24) hours after the Company’s arrival at thehotel, and no performance will be scheduled within (30) hours after the Company’s arrival at thehotel. Should the day following the twenty-four (24) hour rest period be a performance day,there shall be no call prior to 12:00 noon.36. PERFORMANCE AND REHEARSAL CONDITIONS(a) The Employer agrees to take all responsible steps in an effort to obtain thefollowing performance and rehearsal conditions:29

(1) A stage which is not slippery prior to any rehearsal or performance.(2) Artist will not be required to rehearse or perform when the temperaturedrops below 70° (Fahrenheit) or exceeds 90° (Fahrenheit) in the Benedum Center for thePerforming Arts. In all other facilities, Artists will not be required to rehearse or perform whenthe temperature drops below 65° (Fahrenheit) or exceeds 90° (Fahrenheit); the Employer willmake every best effort to maintain temperature at 68° (Fahrenheit) or above in such facilities.The temperature in all dressing room facilities in the Benedum Center or any other theater shallbe maintained at no less than 70° (Fahrenheit) or more than 90° (Fahrenheit). If a problem withthe temperatures noted immediately above is raised and is not resolved within forty-eight (48)hours, the Employer will reimburse the cost of heaters up to $20 per heater for the purchase ofspace heaters, limited to one per dressing room on the stage level and two per dressing room onany other level per season. If and when such heaters are purchased, the maintenance andtransportation of said heaters during the season shall be the responsibility of the Artists. Inaddition, the Employer will make every best effort to maintain the temperature between 65°(Fahrenheit) and 90° (Fahrenheit) between the hours of 9:00 a.m. and 6:00 p.m. in its rehearsalstudios on scheduled rehearsal days.(3) At least two (2) weeks prior to the commencement of a tour, the Employershall make arrangements for hotel lodgings at moderate cost for those Artists who request them.No employee or agent of the Employer, no member of AGMA and no person who occupies theposition of Company Manager shall seek or accept a commission on the lodgings obtained by theEmployer or the Company Manager for any Artists. AGMA agrees that the customarycomplimentary room provided for Company Managers will not be construed as a commission.The tour schedule shall indicate the cost of hotel accommodations.(4) The Employer agrees to compile a listing of good doctors (suitable fortreating types of strain injury, and so forth, usually sustained by dancers) in each city and townin which the Company is scheduled to perform. The list of the doctors’ names shall be listed onthe tour schedule.(5) If AGMA receives complaints that the home theaters have not met thehealth and safety standards set forth in the Basic Agreement, the Employer will give evidence toAGMA in writing that steps have been taken to eliminate the theater’s inadequacies.accidents.(6) Crossovers must be sufficiently lighted and uncluttered so as to prevent(7) If a hot shower is not available, body make-up will not be required.(b) The Employer agrees to provide a piano accompanist whenever appropriate. TheDancers agree, however, that the Employer will not be held responsible for those instanceswhere the accompanist is unavailable through no fault of the Employer.(c)warm-up.The Employer agrees to provide on tour sufficient barres for stage and for every30

(d) During half (½) hour prior to curtain going up, the stage will be free for use bythe Artists when possible.(e)as it is set off.No ballet shall be set in which any dancer is located within five feet of a flashpot37. COSTUMES, WIGS, SHOES AND MAKEUP(a) The Employer agrees to supply the Artists with all costumes, wigs, hair coloring,shoes, body make-up, and all costume accessories (i.e., jewelry, fans and so forth) prior toperformances and rehearsals where required.(b) During the first week of employment the Dancer shall receive one (1) pair of toeshoes and additional pairs of toe shoes as are reasonably needed thereafter. Female Dancersshall be provided with soft rehearsal shoes when their use is required by the Employer. AnyDancer voluntarily leaving the Employer for a dancing position with another Ballet Company,who has not yet exhausted a special shoe order placed through the Employer, shall be required totake any remaining shoes with him or her and shall reimburse the Employer for the actual costthereof. Whenever specialty footwear (i.e., jazz shoes, character shoes, boots, tennis shoes, etc.)is required, fittings will take place within twenty-four hours of basic and orders will be placedduring the next regular business day after fitting.(c) The Employer shall maintain its present practices regarding the distribution oftights, leotards, dance belts for male Artists, and soft-soled shoes.(d) All other character shoes provided to the Artist by the Employer shall becomfortable shoes. All character shoes and boots shall be properly repaired and reasonablyfitted before any use, and Artist shall be expected to go to fittings for that purpose. All charactershoes shall be available to the Artists forty-eight (48) hours in advance of the dress rehearsal orforty-eight (48) hours in advance of the performance if they are a replacement pair of shoes.(e) When the Artist shall be required to use make-up on any part of the torso excepthis/her shoulders and hot shower facilities for the removal of this make-up are not available tothe Artist at the place of performance, the Employer agrees to compensate the Artist at the rateof an additional Ten Dollars ($10.00) for cleaning purposes in each such instance.(f) The Employer agrees that while on tour it will carry the Artist’s make-up andpractice clothes from point to point except in case of emergencies. The Employer shalldistribute the Artists’ make-up and practice clothes to the make-up tables no later than one (1)hour prior to performance time. All Dancers’ costumes will be distributed in dressing rooms nolater than by half-hour call, and a wardrobe person will collect each Dancer’s costumes after theperformance and return the costumes to be packed and stored. Dancers shall not be required todistribute or pack their own costumes at any time. Theater cases shall be delivered to the theaterone (1) hour prior to the first call of the day. Theater cases shall be made available to the Artistson the crew’s first work day after they return from the tour. Artists shall be compensated at therate of Five Dollars ($5.00) per day on any day when they are required by the Employer to carrytheir own theater cases. Such payments shall not be made on days when the Artists are onlyrequired to carry their own theater cases in the theater.31

(g) The Employer agrees that Artists’ costumes will be cleaned at the beginning ofeach season and after fifteen (15) wearings of each costume thereafter, except when not feasibleduring Nutcracker season. The Employer agrees to launder all skin clothing (bras, thongs,unadorned leotards and unitards, dance belts, tights, trunks, and tee shirts) after each wearing.Adorned leotards and unitards will be laundered and air-dried after two (2) wearings. All Artistsshall be assigned new trunks, dance belts, tights or similar garments at the beginning of the firstweek of employment. These items shall be labeled with the name of the Artist and will be keptand maintained by the Wardrobe Department and will be made available for studio and theaterdress rehearsals and performances only. The Employer agrees to furnish two (2) tee shirts to allmale Artists to wear under costumes, one of which will be labeled with the name of the Artist,will be kept and maintained by the Wardrobe Department and will be made available for studioand theater dress rehearsals and performances on1y. Artists will never be required to wear theunlaundered tights of another Artist under any circumstances. All appropriate laundry should beavailable for all rehearsals in which Artists are required to wear a costume.(h) The Employer shall supply each Artist with wigs, beards, hair pieces, andcostume jewelry that is required by the Employer to be worn by the Artist in any ballet, as wellas socks, tights and thongs necessitated by the costumes, and all necessary supplies which are tobe distributed no later than one-half (½) hour prior to the performance. Wig caps, glue and hairpins are to be made available no later than one half (½) hour prior to the performance.(i) Artist, upon signing an individual contract, agrees to submit to Employer inwriting their requirement for ballet shoes, including size, brand and special order and Employeragrees to place a requested order if reasonable. Artist may change a shoe order by resubmittinga written request to the Employer. However, Artist must first use up all shoes from the previousorder before using shoes from the new order. All incorrect shoe orders will be returned to themanufacturer if the Employer is promptly informed thereof.(j) Dancers shall not be responsible for returning their costumes to the dressingrooms when costume changes are required during single acts.38. COSTUME FITTINGS(a) Costume fittings shall be considered and compensated as rehearsal time for allpurposes. The Employer agrees that costume fittings will be scheduled during scheduledrehearsal hours.(b) Each Artist shall have at least one (1) fitting per season for each costume theArtist will be required to wear in the season.(c) If the Artist is called for costume fittings on the Artist’s Free Day, such call willbe for not less than two (2) hours for which the Artist shall be compensated not less than thehourly penalty rate for each hour or fraction thereof.32

39. PHOTOGRAPHYThe Employer agrees that if it shall require any Artist to pose for photographs of regularballets for the purpose of publicizing and advertising performances of the Employer, that it shallreceive prior permission for such photographing from the Artist and if such photography orwaiting time incidental thereto shall exceed one (1) hour, then all succeeding time so engagedshall be compensated for at the appropriate rehearsal rates. The Employer may, however,schedule photo calls on a performance day in lieu of scheduled rehearsal hours.All solo and duo photos to be used in Employer brochures and publicity material shallcarry the Artist’s name and shall be mutually acceptable to the Artist and the Employer. TheEmployer shall request approval from the Artist(s), Approval by the Artist(s) shall not, however,be unreasonably withheld.40. SOCIAL SECURITY(a) The Employer must carry at its expense adequate workers' compensationinsurance, securing to all of the Artists, wherever they may work for the Employer,compensation for disability or death from injury arising out of and in the course of theiremployment without regard to fault as a cause of the injury, except that there shall be no liabilityfor compensation when the injury has been solely occasioned by intoxication of the injuredArtist, while on duty, or by willful intention of the injured Artist to bring about the injury ordeath to herself/himself or another.(b) The Employer agrees to obtain coverage for all Artists employed hereunder underthe Pennsylvania Unemployment Insurance Law.(c) The Employer agrees that all Artists shall be covered by the Social Security lawsof the United States beginning January 1, 1984. The Employer shall be responsible forexecuting and filing the forms necessary to obtain such coverage, and thereafter to make theproper contributions as required by law.(d) The contributions made by the Employer for Unemployment Insurance or SocialSecurity tax purposes shall be based upon the compensation provided for in the Artist’sIndividual Employment Contract or the actual gross compensation paid to the Artist, whichevershall be the greater. No reference shall be made to amounts declared as exempt for FederalIncome Tax withholding purposes in determining what constitutes gross compensation forpurposes of Unemployment Insurance and Social Security.(e) Upon request of AGMA, the Employer shall disclose to AGMA evidence of theEmployer’s compliance with the provisions of this paragraph.41. AGMA PENSION FUND AND EMPLOYEE MEDICAL COVERAGE(a)Pension(1) The Employer acknowledges that this Collective Bargaining Agreementprovides for a jointly administered labor-management Pension Fund meeting the requirements of33

Section 302-C of the Labor-Management Relations Act, as amended. The Employer agrees toexecute the Agreement and Declaration of Trust establishing the Pension Fund and to be boundby the Rules and Regulations established by the Trustees of said Pension Fund now or hereafteradopted. It is expressly understood that the Pension Fund will at all times be maintained as a taxexempt trust fund enabling the Employer to deduct his contributions to the Fund in accordancewith the applicable provisions of the Internal Revenue Code.(2) The Employer hereby agrees to contribute and remit monthly to thePension Fund two percent (2%) of actual weekly gross compensation as provided in the BasicAgreement for each Artist working under the Collective Bargaining Agreement. Any Artist,upon presentation to the Employer of a written request and permission from the AGMA PensionFund, may withdraw from the AGMA Pension Fund and instead have this two percent (2%)contribution made to PBT’s 403(b) plan. Per diem and meal money shall not be computed aspart of the actual weekly gross compensation.(3) Any Artist who wishes to participate in the PBT's 403(b) plan may do soby making voluntary contributions thereto and the Employer will match up to a maximum of aone percent (1%) contribution made by the Artist in the first year of the Agreement and a threepercent (3%) contribution made by the Artist in the second and third years of the Agreement.The Employer’s matching contribution is in addition to the contribution set forth in subparagraph41(a)(2). All such contributions shall be made by payroll deduction.*The Company will match the amount the Artist elects to contribute, but only up to three percent(3%). If the Artist does not elect to contribute, the employer contribution remains two percent(2%).(b)Medical CoverageMedical coverage for Artists shall be provided through the Company Plan or AGMAHealth Fund Medical Plan A as determined by the individual Artist. The Company Plan isdefined as the Plan provided to Company employees outside of the bargaining unit and shallprovide coverage equivalent or superior to the AGMA Health Fund Medical Plan A. TheCompany will pay 100% of the premium for the Company Plan for individual medical benefitsfor all Artists except as provided below or in 14(n)(5). If the premium of the AGMA Plan ishigher, an Artist who selects coverage under the AGMA Plan shall be responsible to pay onehalf(½) of the difference in premium between the AGMA Plan and the premium of theCompany Plan or one-half (½) the difference between the premium of the AGMA Plan and$260, whichever difference is smaller.The Employer will provide and pay for medical coverage for new employeesfrom the inception of employment. There is a sixty day waiting period for coverage of newemployees under the Company Plan. For this sixty day period, the Employer will provide andpay for individual medical coverage through Highmark Direct Blue Preferred Provider Plan(“interim plan”) or a plan substantially equivalent to the interim plan in effect May 1, 2010. Anyexpenses paid toward the deductible by the employee under the interim plan shall be reimbursedby the Employer. If the new employee has COBRA rights pursuant to their coverage under apolicy with a previous employer, the employee has the right to choose to continue COBRAcoverage until they become eligible for coverage under the Company Plan and if they so choose,34

the Employer will reimburse the employee for the cost of the COBRA coverage in an amount upto the cost of the interim plan.(c)Employer Contribution(1) The Employer hereby agrees to provide such coverage for each Artistemployed on a yearly guaranteed contract. The Employer will not provide such coverage forArtists whose actual yearly employment by the Employer, starting with June 1 st of any year, isless than four (4) weeks.(2) The Employer agrees to provide such coverage for each Artist on aweekly performance contract who is employed for six (6) weeks or more during a season.(3) The Employer shall provide twelve (12) months of such coverage for eachArtist who is engaged for twenty (20) weeks or more in each June through May employmentyear. Artists leaving the Company’s employ at the end of their contract and who will not bereturning to the Company shall be covered only until the end of the month in which they lastwork.(d)Family CoverageThe Employer agrees that it will deduct and remit the cost of Family Coverage from thecompensation of any Artist described in subparagraphs (c)(l) and (2) above, who chooses toselect such additional dependent coverage.42. SICK LEAVE(a) Sick Days. An Artist who has at least one (1) year of seniority, as established insubparagraph l5(b) of this Agreement, shall be entitled to take up to twenty-one (21) paid sickdays per fiscal year (July 1 st - June 30 th ). Paid sick days are available when the Artist is disabledby a non-work-related injury or illness, and shall be paid at one-seventh ( 1 / th 7 ) of his/her weeklysalary. Any additional time off due to a non-work-related illness or disability shall be unpaid,except as provided hereinafter.An Artist who has less than one (1) year of seniority but twenty (20) weeks or more ofemployment, shall be entitled to take up to fourteen (14) paid sick days per fiscal year (July 1 st -June 30 th ). An Artist who has less than twenty (20) weeks of employment shall be entitled totake up to seven (7) paid sick days per fiscal year (July 1 st - June 30 th ).Up to three (3) paid sick days per fiscal year may be used as personal days. Personaldays may not be taken within two (2) weeks of the commencement of a production week. AnyArtist wishing to use one (1) personal day shall give one (1) week notice, and two (2) weeksnotice shall be given if more than one day will be used consecutively. Emergency requests withless than the amount of notice required will not be unreasonably denied.(b)Short- Term Disability35

(i) Any Artist who has exhausted his/her sick days, and who is subsequentlyabsent for more than fourteen (14) consecutive days due to a non-work-related disability orillness shall receive short-term disability pay for additional consecutive weeks of disability:Length of ServiceMaximum Numberof Weeks PayLess Than One Year 4One Year, But Less Than Three 8Three Years, But Less Than Five 12Five Years, But Less Than Ten 16Ten Years or More 20Payment shall be at the rate of 45% of the Corps rate in effect each year. No payments shall bemade during any week in which the Artist collects unemployment compensation. No paymentsshall be made to an Artist who has not been re-engaged for the following season beyond the endof the fiscal year in which the Artist is notified that she/he will not be re-engaged.(ii) The Employer will make light-duty positions, in accordance withsubparagraph 42(c), available to Artists who have medical restrictions due to pregnancy. AnArtist who is not offered a light-duty position will not be prevented from collectingunemployment compensation benefits where available. When an Artist is unable to work as aresult of pregnancy or childbirth, the Artist shall be entitled to an unpaid leave of absence. TheArtist shall resume work without loss of seniority with the Company not later than four (4)months after childbirth. In addition, the Employer will continue Health Fund contributions forsuch Artist during the leave of absence. The Artist shall also receive the paid sick time inaccordance with the formula provided in subparagraph 42(a) and then the Extended Sick Payprovided in subparagraph 42(b )(i) above.(c) Light Duty. Any tasks required of an Artist in a light-duty position will be withinthe scope of the medical restrictions, including time periods necessary for therapy andrehabilitation, that result from the Artist's workers' compensation injury. The Company willexert its best effort to locate positions at the Company in which the Artist will perform tasksrelated to his/her profession. The Company will not assign janitorial work to an Artist. Artistswho are on workers’ compensation who are assigned to work light duty at the Company willreceive their full contractual wage rate and benefits for all periods during which they provideservices for the Company regardless of the nature of such services.(d) Medical Insurance Coverage. Medical insurance coverage shall be continued atthe Employer’s expense for the entire period of time that an Artist is receiving paid sick leave,short-term disability pay, or is on an unpaid leave of absence as provided for in subparagraph42(b )(ii) above.(e) During any contract term, Artists who are unable to rehearse or perform for aperiod of three (3) consecutive weeks or more due to illness or disability may either be: 1)retained as a member of the Company for a further period of time; 2) considered on leavewithout pay until the disability ceases. This subparagraph shall not, however, affect anEmployee’s eligibility for any sick pay or disability benefits to which s/he is otherwise entitled.36

(f) Notwithstanding any provision contained in this paragraph, the Employer agreesthat where the cause of the Artist’s absence is any injury or illness received during the course ofany performance or rehearsal, s/he shall be entitled to sick leave (whether separate or partly orwholly continuous) with full pay for not less than twenty-one (21) days during the term of thiscontract, inclusive of the twenty-one (21) days provided under subparagraph 42(a).(g) In the event that the Employer is required to comply with any law providing fornon-work-related disability payments, the amount of weekly disability pay provided in thisparagraph shall be reduced by such amount.(h) Upon application to the Employer, a female Artist shall be excused for not lessthan one (1) full day during her menstrual period, which day shall be other than during the FreeDay of the Artist and shall be in addition thereto, and the said day shall not be deemed sickleave, but shall be entirely separate and apart from, and in addition to, the sick leave providedabove.(i) The Employer will not raise as a defense or in mitigation of recovery by theArtist, with reference to any claim s/he may have under workers’ compensation law, or fornegligence or otherwise, any provision of this paragraph.43. FUNERAL LEAVEIn the event of the death of an Artist’s spouse, child/stepchild or their spouse,parent/stepparent/parent-in-law, sibling or grandparent, the Artist will be granted a paid leave ofabsence for up to three (3) consecutive working days (not counting intervening Company freedays) when necessary to attend the funeral. In special circumstances, additional unpaid leavemay be granted.44. FORCE MAJEUREIt is agreed that if the Employer cannot perform because of fire, accident, strikes, riot, actof God, war, the public enemy or for any other cause of the same general class which could notbe reasonably anticipated or prevented, then the Employer shall notify the Artist thereof, inwriting, and the Artist shall not be entitled to any individual contractual compensation for thetime during which said services shall not, for such reason or reasons, be rendered. Should any ofthe foregoing conditions continue for a period of ten (10) days or more after such notice to theArtist, either party, in writing, may terminate his/her contract and the Employer will pay for allservices to date, and transportation back to the City of Origination, in the event the Company isout of town at the time. The term “war” shall not include a war in which the United States ofAmerica is not a party, unless such a war between the foreign governments affects the UnitedStates of America in such a way as to make the execution of this contract impossible orunfeasible. Should the Employer invoke the provisions of this paragraph because of the “war,”the Employer agrees to give the Artist and AGMA at least two (2) weeks’ prior written noticethereof, and in such case, this paragraph shall apply only upon the expiration of such noticeperiod. Whether or not the contract is terminated by either patty, the Employer shall pay to theArtist the per diem rate for any day which the Artist did not receive his/her individualcontractual compensation, but for not more than the period of ten (10) days as set forth above.37

45. FILMING, BROADCASTING, TELEVISING, ETC.The Employer shall not film, broadcast, record or televise, including marketing forcassettes and/or in theater closed circuit television, any performances, rehearsals, concerts orengagements in which the Artist appears by wire, wireless, radio, telephone, wireless process orany motion picture, recording, mechanical, electrical or telephone device now in use or hereafterdeveloped or any combination of such devices; AGMA, however, shall consider the request ofthe Employer for a waiver of the foregoing provision, and the granting of such waiver shall notbe unreasonably withheld.The foregoing notwithstanding, AGMA agrees that the Employer may make study filmson regular rehearsal time under the following conditions:(a)(1) All time spent in such filming shall be considered as rehearsal time and paid for atthe appropriate rate contained in the Basic Agreement.(a)(2) These study films are to be used exclusively for the purpose of recreating,restaging, restudying and recording choreography, and are to be used strictly as a record by theEmployer only.(a)(3) The study films may be used by the Employer only with the consent of the“Owner of the Rights” to the ballet, i.e., choreographer and/or ballet Company.(a)(4) These films may not be used for commercial purposes, theatrical exhibition orany other similar purpose other than specifically provided herein.(a)(5) All such films must be taken under rehearsal conditions.(a)(6) In the event Employer violates any of the provisions contained herein or suchfilms are used by any person or corporation or organization other than the Employer for anypurpose whatsoever, the Employer agrees that he will compensate all members of AGMAappearing in such film at the appropriate rate of compensation and under the conditions of theunion having jurisdiction over such use. The Employer shall not be liable for such compensationif any person, corporation or organization violates the provisions contained herein contrary to theexpress written direction of the Employer.(b) No news crews shall be permitted backstage during performances, dressrehearsals or orchestra rehearsals, except before or after the performance or rehearsal, duringbreaks and during intermission.46. PARTIES BOUND BY THE AGREEMENTThis Agreement shall be known as the “Basic Agreement” and shall, subject to theapproval of AGMA, which approval shall not be unreasonably withheld, be binding upon andshall inure to the benefit of the signatories hereto and all parties who by reason of merger,consolidation, reorganization, sales, assignments, transfer or the like, shall succeed to or beentitled to a substantial part of the business of any signatory and the Employer agrees that its38

signature to this Agreement shall likewise bind any and all subsidiary or affiliated companiesengaged in the production or management of ballets.47. ARBITRATION OF STANDARD ARTISTS' AGREEMENTS(a) Every contract entered into between the Employer and any Artist during the termof this Agreement shall be deemed to contain the following provisions:“Any controversy or claim arising out of or relating to this contract or the breachor interpretation thereof including the arbitrability of any issue arising hereundershall be settled by arbitration in Pittsburgh in accordance with the rules, thenobtaining, of the American Arbitration Association. Either party may demandsuch arbitration in writing, which demand shall include the name of the arbitratorappointed by it. Within seven (7) days after such demand, the other party shallname its arbitrator, or in default of such appointment, such arbitrator shall benamed forthwith by the American Arbitration Association. The two (2) arbitratorsso appointed shall select a third (3 rd ) within a period of seven (7) days from apanel submitted to them by the American Arbitration Association, by alternatelystriking names from such panel until only one name remains. An award agreed toby a majority of the arbitrators so appointed shall be binding upon both partiesand judgment upon such award may be entered by either party in the highest courtof the Forum, State or Federal, having jurisdiction.”In any such arbitration, AGMA may appear as amicus curiae with all the rights of a partythereto.(b) Any Artist who has a grievance failing within the scope of this paragraph shallcontinue to honor his or her Individual Agreement until such time as the Arbitrator has rendereda decision in the Artist’s favor or the grievance has been earlier settled by the parties thereto,except in any instance where continuing to honor his or her Individual Agreement would basedupon an objective standard of reasonableness or in direct contravention of the express provisionsof this Agreement, constitute a hazard to the health and safety of the Artist.48. ARBITRATION OF THE BASIC AGREEMENT(a) Any controversy or claim arising out of or relating to this Agreement or thebreach or interpretation thereof including the arbitrability of any issue arising hereunder, shall besettled by arbitration in the same manner as is provided in the quoted portion of paragraph 47.All arbitrations between the Employer and any Artist and/or between the Employer and AGMAshall take place in the Employer’s City of Origination.(b) In the event that a grievance arises which falls within the scope of this paragraph,both the Artists and AGMA shall continue to honor the Basic Agreement, as well as the Artists'Individual Agreements, until such time as the Arbitrator has rendered a decision in favor ofAGMA or the grievance has been earlier settled by the parties thereto, except in any instancewhere continuing to honor the Basic Agreement or the Artists’ Individual Agreements would,based upon an objective standard of reasonableness or in direct contravention of the expressprovisions of this Agreement, constitute a hazard to the health or safety of the Artist.39

49. NOTICESOutside the City of Origination, all notices provided herein to be given to the Artist shallbe delivered to such Artist personally, provided the Artist has notified the Employer in writing ofthe Artist’s place of residence in the city or town of the last performance of the Employer.Failing such notice by the Artist to the Employer, or if such Artist cannot be found eitherwith the Employer or at such designated place of residence, such notice provided herein shall begiven to the Artist by registered mail to his or her last known address and to him or her in care ofAGMA.50. EXPIRATIONThe term of this Agreement shall commence on July 1, 2010, and shall terminate on June30, 2013, provided that all contracts with Artists which expire after that date shall be deemedsubject to such new Agreement as may be entered into between AGMA and the Employer forthe next three (3) succeeding seasons. AGMA agrees to submit proposals for a new BasicAgreement no later than February, 2013.51. AUTHORITY OF SIGNATORIESThe President of the Employer hereby warrants and represents that he has the requisiteauthority as agent and representative of the Employer to sign this Basic Agreement on behalf ofthe Employer, and to bind it thereto. No modifications of this Agreement are valid unless placedin writing and fully executed by the President of the Employer and by AGMA.52. SEPARABILITYIf any provision of this Agreement shall be held invalid, it shall be deemed separablefrom the remainder of this Agreement, and it shall not affect the validity of any other provisionthereof.53. NO WAIVER OF RIGHTSThe failure of AGMA, the Artist, or the Employer to insist upon the strict performance ofany of the express provisions of this Agreement shall not be deemed a waiver of any rights orremedies that AGMA or they may have and shall not be deemed a waiver of any subsequentbreach or default on the part of the Employer, the Artist or AGMA.54. GOVERNING LAWIt is the intention of the parties that the validity, construction, performance andapplication of this Agreement shall be governed exclusively by the laws of the Commonwealthof Pennsylvania, where applicable.40

55. DISCRIMINATION FORBIDDENThe Employer and the Union agree that they will not discriminate against any Artist incompensation, performances, engagements or in their general relationship with any Artist,because of any such Artist’s activities in behalf of AGMA, nor shall the Employer nor the Uniondiscriminate against any Artist because of his/her race, sex, creed, color, affectional preferenceand/or national origin.56. SEGREGATIONNo Artist will be required to appear in any theater or place of performance wherediscrimination is practiced because of race, color, creed, affectional preference or national originagainst any: 1) Artist or 2) patron, as to admission or seating arrangements.57. ABSENCE OF MANAGERIn the absence of the General Manager and/or Company Manager on tour, the Employerwill designate an individual who will be responsible for carrying out the duties to be performedby management.58. SAFEKEEPING OF VALUABLESThe Employer shall provide a strongbox to be kept by a responsible staff member of theCompany, for storing of Artists’ money and other valuables during all performances and dressrehearsals. The Employer will not, however, assume liability for items placed in the strongboxfor safekeeping.59. UNSAFE THEATERSThe Employer agrees that Artists will not be requested or required to rehearse or performin any theater or other facility which is unsafe or unsanitary or which contains a substandardfloor.(a) The Employer’s representative with the AGMA delegate will report to Employerall unsafe and improperly constructed floors for dance. The Employer will investigate allaspects of the stage floor in question to determine if it meets the requirements of a safe floor fordance. Artists shall not be required to rehearse or to perform on any concrete or marble floors orupon any other similarly inflexible surface which is considered unsafe or injurious to theDancers. Artists shall not be required to rehearse or perform upon any wooden floors which aredirectly laid over similar surfaces lacking in safe dance resiliency or on floors with irregular oruneven surfaces. AGMA and the Employer agree to work collectively to provide the bestpossible conditions of safety and sanitation for the Artists.(b)Hard Floor VariationAlthough the collective bargaining agreement prohibits any Artist from performing on aconcrete or substandard floor, in the event any Artist is required to perform in aLecture/Demonstration, Open Rehearsal or Performance on a substandard floor as determined by41

a representative of the Artist(s) and a member of the artistic staff, an alternate version of thechoreography will be performed to ensure the safety of the Artist(s). Such alternativechoreography will be less physically demanding and will minimize all jumps and modify pas dedeux variations. The Lecture/Demonstration format will emphasize character dances or adagiowork from any pas de deux excluding jumps, variations and coda(s).60. CONDUCT IN THE WORKPLACE(a) Artists shall be punctual and fully prepared to commence rehearsal andperformance at the times posted.staff.(b)(c)Artists shall report injury or illness immediately to the Artistic and AdministrativeSmoking or eating while in the costume is forbidden.(d) When Artists are under contract all Company-related publicity is under theEmployer’s control. Artists shall cooperate by providing publicity information to the Employer.Artists shall not communicate with the media regarding Company-related matters withoutcoordinating with the Employer.(e) Artists shall not change choreography without the approval of the ArtisticDirector or his/her representative.(f) Artists shall maintain themselves in the physical and technical conditionnecessary for the performance of their professional duties.61. RESPONSIBILITIES OF THE PARTIES(a) AGMA agrees that, during the period of this Agreement, neither it nor its agentsnor its members will authorize, instigate, condone or engage in a deliberate work stoppage,interruption or slowdown of work, or a strike.(b) The Employer agrees that, during the term of this Agreement, there shall be no“lockout” of the employees.62. INDEMNIFICATIONThe Employer agrees that any liability imposed upon AGMA as a result of a PBTBargaining Unit Member’s occupational injury, illness or death which is covered by theEmployer’s workers’ compensation policy shall be assumed under said policy to the extentpermitted thereunder and by law. The Employer retains the exclusive responsibility to provide asafe and healthful workplace and is exclusively liable under its workers’ compensation insurancepolicy for job-related injuries, illnesses or deaths which come thereunder.42

63. CAREER TRANSITION(a) Any Artist who has completed his/her eighth (8 th ) year of service or more with theEmployer, and has been notified that s/he will not be reengaged for the following season forartistic reasons or other reasons or has decided to retire from dancing as a career, will be paid anamount equal to the seniority pay s/he earned during the preceding season as a career transitionpayment except in the case of an Artist who has been non-reengaged for just cause. PBT agreesthat it will match any grants of up to a total amount of $10,000.00 that this Artist receives fromAGMA, Career Transition for Dancers, the PBT’s Dancer’s Trust Fund or any other Foundation(other than a family foundation associated with the Artist’s family) that provides a grant directlyto the Artist. Any Artist seeking a matching grant from PBT must provide PBT withdocumentation of his or her receipt of these grant funds in order to receive the matchingpayment. Grants that are provided directly to an institution or organization rather than to theArtist directly will not be matched. Grants must be received by the Artist and presented to PBTby no later than March 31 st of the year following the last year of employment with PBT as anArtist.(b) Payments made under this paragraph will be split equally over the remainingpayroll dates of the Company that occur between the end of the regular season and the end ofthat fiscal year. No career transition payments will be made to any Artist who is disabled, forany period that s/he is receiving disability pay under paragraph 42 above.64. MANAGEMENT’S RIGHTSIt is understood, however, that subject only to the express provisions of this Agreement,the Employer retains the full right to maintain, direct and control in its sole discretion each andevery aspect of operations of the Company including, but not limited to, establishing reasonablerules to govern the conduct of the Dancers. The Dancers shall be informed of the rules as theyare adopted. It is further recognized by AGMA that all artistic decisions remain exclusively withthe Employer and are not subject to the grievance arbitration procedures established by thisAgreement.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of thedate first above set forth.AMERICAN GUILD OF MUSICAL ARTISTSPITTSBURGH BALLET THEATREBy:Alan S. GordonNational Executive SecretaryBy:ChairmanPBT Board of TrusteesIN THE PRESENCE OF:IN THE PRESENCE OF:Date:Date:43

ITEMS TO BE INCLUDED IN “SCHEDULE A”OF THE INDIVIDUAL EMPLOYMENT AGREEMENTSAll Agreements1. Should any provision of this Individual Agreement conflict with any provisioncontained in the Basic Agreement between AGMA and the Employer, the latter Agreement shallprevail.2. The Artist hereby consents to travel by airplane in all instances where theEmployer has arranged such transportation for the Company.Specific Agreements1. All weeks of employment beginning with July 1, 1989 shall be counted for thepurposes of ascertaining whether or not the Dancer has received thirty-eight (38) weeks ofguaranteed employment during the current season.44

SIDE LETTERMarch 30, 2010RE: ShoesPittsburgh Ballet Theatre agrees to the following: The shoe closet will be available from10:00 a.m. to 12 p.m. (noon) Monday through Friday for dancers to come in, see, and try onshoes. For dancers unable to check their shoe inventory during that time, the costume staff willbe available at a mutually agreed upon time.At the beginning of each month the costume department will post the number of shoeseach female dancer has remaining in her inventory. The number posted will report only thenumber of shoes in stock.If a dancer has had an injury or is concerned that her pointe shoe order needs to beaugmented, it is the responsibility of the dancer to make an appointment with the wardrobe staff.Once the proper shoe has been determined, wardrobe staff will place the order by close ofbusiness day.45

TABLE OF CONTENTS1. EMPLOYEES COVERED................................................................................. 12. APPLICATION OF BENEFITS......................................................................... 13. MEMBERSHIP IN AGMA................................................................................. 14. INITIATION FEES AND DUES........................................................................ 25.ADMITTANCE OF AGMA REPRESENTATIVE ON EMPLOYER’SPREMISES AND UNION ACTIVITY.............................................................. 26. INDIVIDUAL EMPLOYMENT CONTRACT.................................................. 37. ASSIGNMENT OF ARTIST’S CONTRACT.................................................... 48. LOWERING OF MINIMUMS AND WAIVERS PROHIBITED..................... 49. CHOREOGRAPHER’S CONTRACT................................................................ 410. CONTRIBUTIONS TO EMPLOYER PROHIBITED....................................... 511. PAYMENT OF SALARIES............................................................................... 612. NONPAYMENT OR PARTIAL PAYMENT OF SALARIES.......................... 613. SECURITY DEPOSIT........................................................................................ 614. DEFINITIONS.................................................................................................... 7(a) Rehearsal Week.......................................................................................... 7(b) Performance Week..................................................................................... 7(c) The City of Origination.............................................................................. 7(d) Free Day..................................................................................................... 7(e) Emergency Rehearsal................................................................................. 8(f) Extraordinary Risk..................................................................................... 8(g) Spill-Over Rehearsals................................................................................. 8(h) Spill-Over Travel....................................................................................... 9(i) Overtime..................................................................................................... 9(j) Penalty........................................................................................................ 9(k) A Solo Dancer............................................................................................ 9(l) A Principal Dancer..................................................................................... 9(m) A New Dancer............................................................................................ 9(n) Apprentice.................................................................................................. 9(o) Replacement/Augmentation....................................................................... 10PAGE(p) ................................................................................................................... 10i

(q) Curtain Time.............................................................................................. 10(r) Rest Time................................................................................................... 10(s) Student........................................................................................................ 10(t) Irregularly Scheduled Rehearsal................................................................ 11(u) Residency................................................................................................... 1115. COMPENSATION.............................................................................................. 1116. CLOSING TIME OF PERFORMANCE............................................................ 1517. INTERMISSIONS............................................................................................... 1518. MATINEE PERFORMANCES.......................................................................... 1519. SINGING AND SPEAKING ROLES................................................................ 1520. LAYOFFS........................................................................................................... 1521. NONCITIZENS.................................................................................................. 1622. REHEARSALS DURING PERFORMANCE WEEKS..................................... 1623.REHEARSALS DURING REHEARSAL WEEKS (for Artists on weekly orguaranteed-employment basis)............................................................................ 2024. REHEARSALS - MINIMUM GUARANTEE.................................................. 2125. FREE DAYS AND HOLIDAYS........................................................................ 2126. REHEARSAL CONDITIONS - GENERAL PROVISIONS............................. 2127. POSTING OF REHEARSAL AND PERFORMANCE SCHEDULES............. 2228. GUARANTEE EMPLOYMENT........................................................................ 2329. SINGLE PERFORMANCE................................................................................ 2430. SUSTENANCE PAYMENT DURING TRAVEL............................................. 2531. TRANSPORTATION - GENERAL PROVISIONS.......................................... 2532. RAILROAD TRAVEL, CONDITIONS OF....................................................... 2733. BOAT TRAVEL, CONDITIONS OF................................................................. 2734. BUS TRAVEL, CONDITIONS OF................................................................... 2835. AIRPLANE TRAVEL, CONDITIONS OF........................................................ 2836. PERFORMANCE AND REHEARSAL CONDITIONS.................................... 2937. COSTUMES, WIGS, SHOES AND MAKEUP................................................. 3138. COSTUME FITTINGS....................................................................................... 3239. PHOTOGRAPHY............................................................................................... 3340. SOCIAL SECURITY.......................................................................................... 3341. AGMA PENSION FUND AND EMPLOYEE MEDICAL COVERAGE......... 3342. SICK LEAVE...................................................................................................... 35ii

43. FUNERAL LEAVE............................................................................................. 3744. FORCE MAJEURE............................................................................................. 3745. FILMING, BROADCASTING, TELEVISING, ETC........................................ 3846. PARTIES BOUND BY THE AGREEMENT..................................................... 3847. ARBITRATION OF STANDARD ARTISTS’ AGREEMENTS....................... 3948. ARBITRATION OF THE BASIC AGREEMENT............................................. 3949. NOTICES............................................................................................................. 4050. EXPIRATION...................................................................................................... 4051. AUTHORITY OF SIGNATORIES..................................................................... 4052. SEPARABILITY................................................................................................. 4053. NO WAIVER OF RIGHTS................................................................................. 4054. GOVERNING LAW........................................................................................... 4055. DISCRIMINATION FORBIDDEN.................................................................... 4156. SEGREGATION................................................................................................. 4157. ABSENCE OF MANAGER................................................................................ 4158. SAFEKEEPING OF VALUABLES.................................................................... 4159. UNSAFE THEATERS........................................................................................ 4160. CONDUCT IN THE WORKPLACE.................................................................. 4261. RESPONSIBILITIES OF THE PARTIES.......................................................... 4262. INDEMNIFICATION.......................................................................................... 4263. CAREER TRANSITION..................................................................................... 4364. MANAGEMENT’S RIGHTS.............................................................................. 43ITEMS TO BE INCLUDED IN “SCHEDULE A” OF THE INDIVIDUAL EMPLOYMENTAGREEMENTS........................................................................................................ 44SIDE LETTER......................................................................................................... 45iii