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

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