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 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
Page 1 and 2: BASIC AGREEMENTBETWEENPITTSBURGH BA
Page 3 and 4: 4. INITIATION FEES AND DUES(a) Empl
Page 5: (f) Artists shall receive an evalua
Page 9 and 10: Days shall commence at midnight and
Page 11 and 12: (4) All tour conditions, including
Page 13 and 14: Artist’s uncompensated rehearsal
Page 15 and 16: ehearsal in the event of two (2) De
Page 17 and 18: e continuous, and each Artist shall
Page 19 and 20: (d) Rehearsal will be permitted on
Page 21 and 22: 23. REHEARSALS DURING REHEARSAL WEE
Page 23 and 24: (d) The Artist shall be given a fiv
Page 25 and 26: date, and both parties shall be rel
Page 27 and 28: (f) Personal Baggage - The Employer
Page 29 and 30: 34. BUS TRAVEL, CONDITIONS OF(a)Any
Page 31 and 32: (1) A stage which is not slippery p
Page 33 and 34: (g) The Employer agrees that Artist
Page 35 and 36: Section 302-C of the Labor-Manageme
Page 37 and 38: (i) Any Artist who has exhausted hi
Page 39: 45. FILMING, BROADCASTING, TELEVISI
Page 43 and 44: a representative of the Artist(s) a
Page 45 and 46: ITEMS TO BE INCLUDED IN “SCHEDULE
Page 47 and 48: TABLE OF CONTENTS1. EMPLOYEES COVER
Page 49: 43. FUNERAL LEAVE..................

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