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

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

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

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