Download Council of Resident Stock Theatres (CORST

Actors’ Equity Association
AGREEMENT AND RULES
GOVERNING EMPLOYMENT
IN
COUNCIL OF RESIDENT STOCK THEATRES
(C.O.R.S.T.)
Effective Date: February 25, 2008
Expiration Date: February 24, 2013
NATIONAL OFFICE
165 West 46th Street
New York, NY 10036
(212) 869-8530
Fax (212) 719-9815
Chicago, IL 60603
Suite 1500
125 South Clark Street
(312) 641-0393 phone
(312) 641-6365 fax
Los Angeles, CA 90028
5th Floor
6755 Hollywood Boulevard
(323) 634-1750 phone
(323) 634-1777 fax
San Francisco, CA 94104
Suite 900
350 Sansome Street
(415) 391-3838 phone
(415) 391-0102 fax
Orlando, FL 32821
10319 Orangewood Boulevard
(407) 345-8600 phone
(407) 345-1522 fax
www.actorsequity.org
TABLE OF CONTENTS
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ACTOR'S OBLIGATION TO EQUITY. ................................................................ 1
AGENTS. ............................................................................................................. 1
ARBITRATION. ................................................................................................... 2
AUDITIONS AND INTERVIEWS. ........................................................................ 4
BINDING EFFECT OF AGREEMENT. ................................................................ 7
BLACKLISTING. ................................................................................................. 8
BREACHES BY PRODUCER.............................................................................. 8
CALLBOARD. ..................................................................................................... 9
CHANGES IN CAST. ........................................................................................... 9
CHORUS............................................................................................................ 10
CLAIMS. ............................................................................................................ 11
CLOSING SEASON........................................................................................... 11
CLOTHING AND COSTUMES. ......................................................................... 11
CONTINUOUS EMPLOYMENT......................................................................... 14
CONTRACT. ...................................................................................................... 14
CROSS-CONTRACTUAL PRODUCTIONS. ..................................................... 15
DANCE CAPTAIN. ............................................................................................ 15
DAY OF REST AND REST PERIODS............................................................... 16
DEFAULTING EMPLOYERS............................................................................. 16
DEFINITIONS. ................................................................................................... 17
DEPUTIES. ........................................................................................................ 20
DISCRIMINATION. ............................................................................................ 20
DISCRIMINATION FOR UNION ACTIVITY. ...................................................... 20
DUTIES OF ACTOR. ......................................................................................... 21
EQUAL EMPLOYMENT OPPORTUNITY, NONDISCRIMINATION AND
NON-TRADITIONAL CASTING......................................................................... 21
EQUITY: SPECIAL PROVISIONS..................................................................... 23
EXCLUSIVE SERVICE OF THE ACTOR. ......................................................... 24
HOSPITALIZATION AND MEDICAL COVERAGE. .......................................... 25
HOUSING AND LOCAL TRANSPORTATION. ................................................. 25
ILLNESS AND SICK LEAVE............................................................................. 28
INJURY AND WORKERS’ COMPENSATION INSURANCE. ........................... 28
JUVENILE ACTORS. ........................................................................................ 29
LAWS GOVERNING.......................................................................................... 29
MILITARY SERVICE OF THE ACTOR.............................................................. 29
MUSICAL PRODUCTIONS: SPECIAL PROVISIONS. ..................................... 29
NO LOCKOUTS OR STRIKES.......................................................................... 32
NON-PROFESSIONALS. .................................................................................. 33
NUDITY.............................................................................................................. 36
PENSION FUND AND 401(k). ........................................................................... 36
PERFORMANCES............................................................................................. 36
PERFORMANCES LOST. ................................................................................. 38
PHOTOGRAPHS AND PUBLICITY. ................................................................. 38
PRODUCTION PROSECUTED. ........................................................................ 39
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PROGRAMS AND ANNOUNCEMENTS. .......................................................... 39
PROPERTY. ...................................................................................................... 41
RECORDINGS FOR USE IN PRODUCTION. ................................................... 41
REHEARSALS. ................................................................................................. 42
REPORTS.......................................................................................................... 44
SAFE AND SANITARY PLACES OF EMPLOYMENT. ..................................... 45
SALARIES. ........................................................................................................ 49
SECURITY AND SECURITY AGREEMENT. .................................................... 52
SET MOVES ...................................................................................................... 52
SOCIAL SECURITY AND UNEMPLOYMENT INSURANCE. ........................... 52
STAGE FIGHTING............................................................................................. 53
STAGE MANAGERS. ........................................................................................ 54
SUBSIDIARY RIGHTS. ..................................................................................... 58
TELEVISING, RECORDING AND MOTION PICTURE. .................................... 58
TERMINATION. ................................................................................................. 63
TRANSPORTATION AND BAGGAGE.............................................................. 66
UNION EMBLEM. .............................................................................................. 69
UNION SECURITY/DUES AND INITIATION FEES........................................... 69
VACATIONS. ..................................................................................................... 70
VOLUNTARY CLASSES. .................................................................................. 70
VOTING. ............................................................................................................ 70
II
AGREEMENT made between Actors' Equity Association (hereinafter "Equity")
and the Council of Resident Stock Theatres (hereinafter "CORST").
RECOGNITION
The Producer agrees to recognize Equity as the exclusive representative of all
the Actors, Stage Managers and Assistant Stage Managers employed by them,
for the purposes of collective bargaining and the administration of matters within
the scope of this Agreement.
RULES GOVERNING EMPLOYMENT
1.
ACTOR'S OBLIGATION TO EQUITY.
(A) Nothing contained in any employment contract signed by any member of
Equity shall be construed so as to interfere with the carrying out of any obligation
which a member owes to Equity by virtue of such membership, and the Producer
shall not only not request or require any member to do any act or thing forbidden
by Equity or by the rules or orders of the Council of Equity, or orders of its
authorized executives, but will require the Actor to do and/or assent to the Actor
doing any and all acts required by the aforementioned.
(B) The Producer further agrees that he has notice that:
(1) The Associated Actors and Artistes of America is a voluntary
Association hereinafter referred to as 4A's and is subject to the
Constitution, By-Laws, rules, regulations and orders of the American
Federation of Labor-Congress of Industrial Organizations from which it
derives its charter.
(2) Equity deriving its charter from the 4A's is in turn subject to the
Constitution, By-Laws, orders, rules and regulations of the 4A's and the
American Federation of Labor-Congress of Industrial Organizations.
(3) The Actor is directly subject to the Constitution, By-Laws, rules,
regulations and orders of the 4A's, and the Producer agrees that he will
not require the Actor to do any act or thing forbidden by the Constitution
and By-Laws of the 4A's or by its rules or orders or regulations.
This Agreement and all contracts of employment shall be subject to all such
rules and regulations.
2.
AGENTS.
(A) Equity Franchise Required. The Producer has notice that if the negotiation
for, or the obtaining of a contract of employment by the Actor is through any
employment agent or personal representative not holding an Equity franchise, or
one whose franchise is not in good standing, the Actor is liable to suspension or
other disciplinary action by Equity.
(B) Commissions. Should the Producer contact the Actor directly and agree with
him as to the salary and part, the Producer shall not directly or indirectly require
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an Agent to intervene to complete the engagement or require the Actor to sign
the contract at or through an Agent's office. Any such Agent so engaged does
not represent the Actor and should such Agent make a claim for commission, the
Actor will notify the Producer accordingly, and the Producer agrees to indemnify
the Actor and hold him harmless from any such claim.
(C) Agents Acting as Casting Consultants or Packagers. Any Agent who acts as
an Agent for a Producer, either as a casting consultant or otherwise, with or
without fee, does not, if the Actor secures employment through him, represent
the Actor in securing said employment and is not entitled to commissions
therefore from the Actor.
The foregoing paragraph likewise applies in any case where the Agent acts as a
Packager, either on behalf of a Producer, with or without fee, or on his own
behalf.
(D) Chorus, Commissions Prohibited. The Producer has notice that Actors
performing under Chorus contracts shall not pay commission to any Agent,
except as in accordance with the Equity Agency regulations.
3.
ARBITRATION.
(A) Time Limit. Should the Producer dispute a ruling by Equity and if said ruling
is arbitrable under these Rules, he must demand arbitration within four weeks of
notice to him of said ruling. Failure to do so constitutes agreement with said
ruling and an acknowledgement that Equity may deduct any monies due as a
result of said ruling from any security posted with Equity by the Producer. The
Producer further agrees to replace said amount deducted immediately upon
demand by Equity.
(B) Procedure. Any controversy arising from the application or interpretation of
this Agreement or affecting the relationship between any Actor or Equity and the
Producer, including disputes as to the existence or validity of any employment
contract, shall be submitted to arbitration pursuant to the Voluntary Labor
Arbitration Rules of the American Arbitration Association.Arbitration as provided
herein shall be the exclusive remedy for the resolution or adjustment of disputes,
including any question as to whether a dispute or issue is arbitrable under the
provisions of this Agreement.
The expenses of the arbitration, including the compensation of the arbitrator,
shall be shared equally by Equity and the Producer.
Nothing herein shall be construed to give the arbitrator the authority to alter,
amend or modify any of the provisions of this Agreement.
Equity shall act on behalf of the Actor in any arbitration proceedings and in
accordance with Equity's Constitution and By-Laws. No Actor is authorized to
commence any arbitration proceeding except with the consent of Equity.
Arbitrations shall be held in New York City, Chicago, Los Angeles or San
Francisco as Equity may designate.
(C) Failure to Pay Creates a Dispute. Failure by a Producer to pay any amount
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claimed to be due by the Actor or Equity is evidence of the existence of a dispute
(Equity consenting), entitling the claimant to an arbitration (Equity consenting).
(D) Failure to Arbitrate a Breach of Contract. Failure of the Producer to appoint
his arbitrator and promptly arbitrate any dispute, on demand by Equity, within the
time specified in this Agreement shall be a breach of his agreement.
(E) Special Provision. Should any dispute arise to which an Actor is a party; and
either the making or the validity of the agreement itself, or the agreement to
submit to arbitration, or the failure to comply with any agreement to arbitrate, is in
dispute, all parties to the agreement or alleged agreement shall waive and by the
acceptance of this Rule do waive any and all provisions of law which may lawfully
be waived and which may provide other or different procedure, and submit such
dispute to arbitration in the manner provided in standard form Equity contracts
and by Equity rules.
No Actor and no Producer shall make or take any appeal in any form to any court
of law to determine any rights or remedies, or alleged rights or remedies, or any
question in dispute of any kind under agreement or claimed agreement of
employment, any disputed question regarding the making of any agreement, or
the making of any agreement to arbitrate or any part thereof, when it shall be
lawful to determine such question involved or such dispute by mutual written
consent through arbitration held in accordance with the provisions of standard
form Equity contracts or Equity rules. Failure by the Actors to obey any or all of
these rules shall be grounds for disciplinary action by Equity. Failure by the
Producer to obey any or all of these rules shall constitute a breach of this
Agreement and of Equity rules, which breach shall entitle all Actors, at the
request of Equity, to withdraw from the cast. In case of such breach the
Producer agrees, whenever the Actor holds a standard minimum contract without
guarantee of more than two weeks, to pay forthwith in full for all services
rendered by the Actor to the Producer, plus any other amounts then owing, not
already paid, and also as liquidated damages, no present basis of calculation
existing, a sum equal to two weeks’ salary. If the Actor holds a contract with a
guarantee exceeding two weeks, then in case of such breach the Producer
agrees to pay the Actor forthwith in full for all services rendered by him, not then
already paid for, plus any other sums to which the Actor may be entitled by
contract or by Equity rule, and in addition as liquidated damages, no present
basis of calculation existing, a sum equal to his salary multiplied by the number
of weeks remaining under his guarantee of employment. In no event shall the
Actor be paid less than two weeks’ salary, and in no case shall any offsets be
allowed to the Producer for the earnings of the Actor in a new or subsequent
engagement.
The arbitration provisions of this Agreement shall, with respect to any
controversy or dispute, survive the termination or expiration of this Agreement, or
of any contract of employment. Nothing herein contained shall be deemed to
give the arbitrator the authority, power or right to alter, amend, change, modify,
add to, or subtract from, any of the provisions of this Agreement.
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4.
AUDITIONS AND INTERVIEWS.
(A) Principal Auditions.
(1) The Producer shall conduct auditions at which performers will be
seen without appointment for principal roles and for stage managerial
positions. Callbacks shall not take place during contractually required
Principal Audition hours. The following conditions shall apply:
(a) Among the auditions held for principal roles, there shall be
interviews or auditions for Equity performers.
(b) The Producer is under no obligation to hire any person pursuant
to any Principal Interview or Audition procedures including the
procedures for Equity performers set forth in this Rule.
(2) Auditions for Equity Performers. The Producer shall comply with the
following procedures for Equity performers:
(a) The Producer shall schedule all required Equity auditions prior to
the submission of a season of plays to agents. All required Equity
auditions must be completed prior to any agent-submitted auditions
being held. The Producer shall conduct at least two days of
auditions for Equity performers. If musicals are contemplated, a third
day must be held.
If, however, a season includes only one musical, the Producer shall
provide a piano accompanist for one of the two days so that the
performer may audition dramatically and/or musically, and the third
day of auditions will not be required.
(b) The Producer shall consult with Equity with respect to the
scheduling of these Auditions and no more than two CORST
theatres will hold auditions on any one day in any one city. There
shall be separate Equity performer auditions for each CORST
Theatre.
(c) These Equity performer auditions may be held in any city in which
Equity maintains an office. The location or time of auditions may not
be changed without the consent of Equity.
(d)
During each seven-hour day of auditions, the Producer will
audition a minimum of 126 performers and shall see more if time
permits. Each performer shall have up to three minutes to present
prepared material or, should the Producer so choose, read from
material provided by the Producer.
(e) During each seven-hour day of Auditions, the Producer shall
allow Stage Managers to be interviewed. The Director and/or
Producer, or a representative of the Producer who can effectively
recommend Stage Managers for hiring, shall be present at all Stage
Manager interviews.
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(f) At least three weeks prior to the desired audition time, the
Producer shall submit to Equity a list of plays to be produced at his
theatre during the season, their then-projected playing dates, an
accounting of Stage Managerial positions open, and information
regarding where and to whom stage managerial resumes should be
sent. Listings of original or obscure productions shall include a cast
breakdown and description of roles. If the season is changed after
auditions for principal performers have been held, the Producer shall
immediately notify Equity of the titles of the new and/or additional
plays together with information necessary for contacting the
Producer.
(g) There shall be an Equity monitor present at Equity auditions
provided at no cost to the Producer.
(h) The Producer shall provide a piano and accompanist who can
sight-read music for all auditions at which the performer is required
to sing and/or dance.
(i) The Director and/or Producer must be present at all auditions
except that a casting director, as approved by the AEA Stock
Department, may take the place of the Director and/or Producer at
the principal audition only. Furthermore, the Musical Director, and/or
Producer and/or Director must be present at all singing auditions,
and the Choreographer and/or Producer must be present at all
dancing auditions. For the purposes of this rule, “Producer” shall be
deemed to include Artistic Director, Associate Producer or Associate
Artistic Director.
(j) A copy of any concession and/or waiver granted to the Producer
prior to auditions shall be posted at the audition location.
(k) Subsequent Principal Auditions.
(1) Principal performers shall not be called to audition in groups
unless necessary for physical screening and/or voice blending.
(2) Auditions and/or readings (in addition to the auditions
described above) shall be limited to three in number for principal
performers, and said performers shall be compensated at the
rate of one-seventh of minimum salary for each reading and/or
audition over three to which they are called.
(l) Local Auditions. The Equity Auditions Department shall be
notified of the date and time of any Auditions at the theatre for
dissemination.
(B) Chorus Auditions.
(1) If the theatre schedules a chorus musical, chorus auditions shall be
required.
(a) Among the auditions held for chorus performers, there shall be
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auditions for Equity performers.
(b) The Producer is under no obligation to hire any person pursuant
to any audition procedures including those for Equity performers set
forth below.
(2) Chorus Auditions for Equity Performers. The Producer shall comply
with the following procedures for Equity performers:
(a) These auditions shall be held in any city where Equity maintains
an office.
(b) Equity shall have the right, in consultation with the Producer, to
schedule the auditions so that no more than two theatres hold their
audition on the same day or call the same category (singer or
dancer) at the same time.
(c) An Equity monitor shall be present at the audition to assist the
Producer or his representative in organizing and facilitating the
audition.
(d) The Musical Director and/or Producer must be present at all
singing auditions. The Choreographer and/or Producer must be
present at all dancing auditions. Someone with casting authority
must be present at all auditions.
(e) No portion of the audition room shall be used as a waiting room.
(f) Singers (male and female) and dancers (male and female) shall
be auditioned separately at the first call for Equity performers. The
group called, and the time and place of said call shall be provided in
a notice sent to Equity at least two weeks before the time of audition.
The Producer shall also notify Equity of the time and place of the
final audition.
(g) Dancers shall be auditioned as dancers before being auditioned
as singers. Singers shall be auditioned as singers before being
auditioned as dancers.
(h) Auditions may, if necessary, be held on two separate days: one
day for singing, and one day for dancing and for general
qualifications. If said two days of auditions are not consecutive, the
performers shall not be required to report for any purpose on the
days between such auditions.
(i) If a performer is called to audition or work on any day after the
second audition day, he shall be paid at the rate of one-seventh of
minimum for each such day.
(j) The performer shall not be required during an audition to
rehearse numbers to be used in the production; if so required,
rehearsals begin.
(k) The time span of any callback shall not exceed five out of seven
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hours from the inception of the call. A Chorus audition shall not be
interrupted to audition a Principal performer for a Principal role,
except at the final auditions, when a Chorus performer may read for
a "part" or for an understudy assignment.
(l) The Producer agrees to provide a piano and a professional piano
accompanist who can sight read music at all auditions for chorus
performers.
(m) Should the Producer, after having engaged his entire chorus,
release without obligation an individual chorus performer so engaged
at the performer's request, he may hold an additional audition without
payment for the purpose of replacing said chorus performer.
(C) Additional Provisions for Equity Performers.
(1) Safe and Sanitary Provisions for Equity Auditions.
When auditions are held the Producer shall provide:
(a) Separate room with seats and open space where the performer
may wait and/or prepare for the audition or interview. This room
shall be provided beginning one hour before the start of the required
audition and shall remain available throughout the audition day;
(b) Separate change facilities (not lavatories) for men and women at
any audition where they are required to dance;
(c) Separate lavatory facilities for men and women. These facilities
must be accessible without passing through the audition room.
(d) An audition room, change room and/or waiting room which is
properly lighted, ventilated and heated (when necessary) to at least
sixty-eight degrees Fahrenheit;
(e) Dancing surfaces which are in compliance with Rule 49(H).
Equity reserves the right to approve all audition dance surfaces;
(f) All auditions shall be conducted in a facility in which smoking is
not permitted;
(g) An ample supply of pure, cool drinking water, and cups where
needed at no cost to the Actor.
(2) Liability Insurance. The Producer shall provide liability insurance to
cover performers at auditions and interviews.
5.
BINDING EFFECT OF AGREEMENT.
Agreements between Producers and so-called "packagers," casting consultants,
agents, or manager's representatives shall in no way limit or reduce the
Producer's liability or responsibility to fulfill all terms and conditions of Equity
contracts to which the Producer is signatory.
All contracts signed pursuant to these Rules are binding not only upon the
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signers on the face thereof, but also upon any and all corporations, copartnerships, enterprises, and/or groups which said signers or each of them
control, and are hereby agreed to be adopted as their contracts by each of them.
6.
BLACKLISTING.
The Producer and Equity both pledge themselves to prevent blacklisting.
Opposition to blacklisting is not a controversial issue between the Producer and
Equity.
Blacklisting for the purposes of this rule shall mean the submission by the
Producer, directly or indirectly, to individual or group pressure, and/or the use of
private lists, published or unpublished, of persons not to be employed in
theatrical productions for reasons having no direct relation to their theatrical
ability.
If it is determined that a Producer has blacklisted as defined herein, said
Producer agrees to pay to the Actor losing his employment as a result thereof,
his full contractual salary for the duration of the contemplated engagement, plus
a sum equivalent to the full contractual salary of his successor or successors, or
$1,000, whichever is greater.
7.
BREACHES BY PRODUCER.
Should the Producer: a) breach this Agreement; b) breach any Equity rule which
is a part of the employment contract of any Actor; c) make any false statement in
connection with any employment agreement, or regarding security; d) employ or
have employed any Actor under any form of contract other than a standard form;
e) be in default as to any employment contract with any Actor, or breach any
such employment contract, past or present; f) in the future breach any such
employment contract; or g) fail to give or deposit security at the time and in the
form and amount required by Equity, then in any of said events the Actor may,
Equity consenting, terminate forthwith his employment, and in addition the
Producer agrees that he will pay the Actor forthwith, in full, for all services
rendered by him, plus any other sum(s) to which the Actor may be entitled by
contract or under Equity rules, and also as liquidated damages, no present basis
of calculation existing, a sum equal to two weeks salary. Should any such act or
breach occur, neither the giving of any performance by the Actor nor any
omission of any act by the Actor or Equity shall be or act as a waiver of any or
either of the rights of the Actor or Equity, and in connection with the foregoing,
Equity is hereby given authority, without prejudice and without penalty to itself, to
intervene and require the Actor to perform or otherwise act, or not to perform or
not to take advantage of any such breach, said requirements to be made by
Equity, under such terms and conditions as it may in its sole discretion consider
just and equitable; all of the foregoing to be without prejudice to any other or
further rights given to the Actor or Equity by contract or by Equity rules.
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8.
CALLBOARD.
A callboard shall be maintained at each theatre on which information important to
the Actor shall be posted, including:
(A) Worker's Compensation carrier and carrier number;
(B) Names and addresses and telephone numbers of doctors, dentists and
hospitals in the area [see Rule 49(O)];
(C) Members of the Producer's staff whom the Actors can contact in case of
emergency;
(D) Information regarding fire exits and fire fighting equipment and proper
procedures;
(E) Producer's procedures for safekeeping of Actors' valuables;
(F) Listing of the minimum terms for rental of items from an Actor's personal
wardrobe for use in the production [See Rule 13(B)];
(G) Notice of scheduled Day of Rest [see Rule 18(B)];
(H) Notice of rehearsal calls after opening;
(I) Housing list (see Rule 29);
(J) Concessions granted to the theatre;
(K) Notification of waiver production [see Rule 37(C)].
9.
CHANGES IN CAST.
When an Understudy takes the place of a Principal Actor in a production, or any
Principal is replaced by another Actor, announcement to this effect shall be
made: a) from the stage or over the public address system immediately prior to
the beginning of the performance; or b) such announcement shall be printed and
inserted in all programs.
An announcement to such effect shall also be conspicuously and prominently
posted at the entrance to the theatre where tickets of admission are collected.
This sign shall be at least 8 x 10 inches in size with letters at least l inch high.
In all of the above cases such announcements shall include the role, the name of
the Actor playing such role or roles, and the name of the Actor replaced.
For each failure to give the required notice of substitution, the Producer agrees to
pay the Actor whose part is played by an Understudy or another Actor, and also
such Understudy or other Actor, an additional sum equal to one-half of his own
weekly salary.
Unless Equity shall otherwise order, the Producer shall not require the Actor to
alternate with an Understudy or a successor, and if replaced by either, the Actor
may not be thereafter required (unless Equity orders otherwise) to act again in
the part or to report to the theatre for that purpose. Payments, however, shall
continue to be made to the Actor according to the terms of his agreement.
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10.
CHORUS.
Should the Producer desire to present a production, musical or dramatic, utilizing
a singing or dancing Chorus, the following terms and conditions shall apply:
(A) Parts Determination. The Producer shall furnish to Equity a list of all proposed
and scheduled productions prior to the beginning of the season. Equity shall
submit to the Producer a list of all Principal roles and Chorus parts. Should a
production be sufficiently changed either by cutting, by re-writing or by rechoreographing, to make questionable the category in which a particular part
belongs, final determination shall be made by Equity.
The Producer shall furnish to Equity the scripts of scheduled new musicals and
new adaptations of musical productions, along with cast breakdowns of Principal
roles, number of Chorus Actors to be employed, and a schedule of all functions
for which Chorus Actors will receive additional payments.
Equity will then respond with its breakdown of Principal and Chorus roles and,
after consultation with the Producer, Equity will make determinations for contract
filing. Final determination will be made when the show is frozen, and contracts
will be changed to reflect this determination. Equity's determination will be final
and binding.
(B) Chorus Assignments
(1) Playing a Role or Part
If a member of the Chorus is required to play a role or part (except as
Understudy) which was played by a Principal Actor in the original
(Broadway or Road) production, the Chorus Actor shall receive no less
than the following in addition to his weekly contractual salary:
Tiers Z and zz
Tier Y
Tier X
$18.50
$19.50
$20.50
(2) Swings
(a) Full Swing. For the purposes of this Agreement, a Full Swing is
defined as a non-performing member of the Chorus who swings all
or fewer than all Chorus performing in Chorus numbers in the
production.
(b) Partial Swing. For the purposes of this Agreement, a Partial
Swing is defined as a Chorus Actor designated to swing a Chorus
number in a Production and is not hired solely as a Full Swing
performer.
(c) A Swing may be required to attend Understudy rehearsals
provided the Swing rehearses only those functions for which the
Swing is contracted as a Swing or Understudy.
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(C) Non-Professionals are not permitted in the Chorus of musicals except as
provided for in Rule 35 NON-PROFESSIONALS.
11.
CLAIMS.
(A) Waiver or Release Not Permissible. Upon any claim of the Actor arising
under his agreement through any breach thereof, no receipt, waiver, release, or
adjustment by the Actor is of any validity whatsoever unless Equity consents in
writing; and the Producer, by agreeing to this rule, agrees that he will not seek or
solicit any such waiver, release or settlement, nor offer the same in any
arbitration or any proceeding in court unless Equity specifically consents in
writing. In no case shall claims of members under employment contracts be
handled or enforced by agents or attorneys of members unless same are
consented to by Equity in writing.
(B) Time Limit in Lodging. Should the Actor deem that he has any claim against
the Producer under his contract, he shall present the same to Equity or to the
Producer within the four weeks after the time when such claim shall have arisen.
If the claim is presented after said four-week period, the Actor shall give to Equity
or to the Board of Arbitration or to either of them a good and sufficient reason for
such delay.
12.
CLOSING SEASON.
(A) Defining Closing Notice. The Producer may close season and company by
posting one week's written notice to all members of the company provided the
Actor shall receive not less than the minimum employment and/or payment
guaranteed under his contract.
Notices of termination or closing given at or before the end of the performance on
Monday night shall be deemed one week's notice; and such notice effective at
the end of Saturday week following shall be deemed two weeks' notice. If the
company's playing week is Tuesday through Sunday, substitute Tuesday and
Sunday for Monday and Saturday respectively in the foregoing sentence.
(B) Effect of Company Notice. When a company is closed in accordance with or
after notice of closing to the entire company, such notice of closing shall
supersede any individual notice then outstanding.
(See Rule 58,
TERMINATION.)
13. CLOTHING AND COSTUMES.
Definition of Costume: Any article of wearing apparel provided by the Producer
or rented from the Actor for use in a production.
(A) The Producer shall furnish Actors with all costumes and period clothes,
including wigs, hats, beards, hairpieces, tights, hose, and properly fitted
footwear.
All costumes furnished by the Producer shall be maintained by him at his own
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expense, in a clean and sanitary condition.
For musical productions, the Producer shall furnish new dance briefs, tights and
"skin parts," if such items are required.
In no event shall the Producer require the Actor to purchase any special clothes.
Prior to any activity that requires knee pads, elbow pads, or other protective
clothing, the Producer shall furnish new and properly fitted (ie. small, medium or
large) items for the exclusive use of the Actor for all rehearsals and
performances. All properties required by the action of the play, including those
peculiar to any trade, occupation or sport, shall be furnished by the Producer.
Any such items rented from the Actor for use in the production shall be rented in
accordance with the schedule referred to in (B) of this Rule.
(B) Rental. The Actor may, at his option, agree to use specific items from his
personal wardrobe in accordance with a rental agreement set forth as a rider to
his contract. Minimum terms of rental shall be based upon a schedule agreed
upon in writing between Equity and CORST and posted on the bulletin board at
each theatre, and distributed to each member of the company by the Stage
Manager. The rental payment shall be made to the Actor by separate check with
his weekly salary.
(C) Cleaning and Upkeep. Costumes shall be cleaned at least every two weeks
and aired after dry cleaning and after each performance. Stockings, T-shirts,
unitards, leotards and other “skin parts” shall be laundered for each performance.
Other washable items shall be laundered three times each week. Dry shirts,
blouses and “skin parts” shall be furnished at least 30 minutes before each
performance.
The Producer agrees to provide for the cleaning of each garment of the Actor's
personal wardrobe used in the production. Cleaning will be done by a bona fide
professional cleaning establishment and not by a coin operated self-service
machine process.
The Producer shall be responsible for any damage to the garment during the
cleaning process. However, in lieu of the above, the Actor may by prior notice to
the Producer before the use of the garment in the production, arrange to provide
for the cleaning of his own garment. In that event, the Producer shall reimburse
the Actor for such cleaning upon presentation of a cleaner's bill.
The Producer agrees to repair, at his own expense, any damage or wear and
tear to the Actor's personal wardrobe or properties to be used in the production in
rehearsals or performances, and to replace any irreparably damaged garment.
During the last week of the Actor's engagement, the Producer agrees to pay the
Actor a sum equivalent to the prevailing rate in the community of the Actor's
residence for the cleaning of any such garments used in the production. For the
purpose of this rule, a garment shall be defined as a suit, dress, overcoat, sport
coat and slacks, skirt and blouse, and like articles of apparel.
(D) Costume Fitting. See Rule 47(A)(4), REHEARSALS.
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(E) Shoes.
(1) The Producer shall provide properly fitted footwear which, if used for
dancing, shall be new. All other footwear shall be clean, sanitary, and in
good repair. Shoes in musical productions and those used for dancing in
non-musical productions shall be rubbered and braced.
(2) Dance Shoes. The Producer shall provide properly fitted professional
dance shoes for all Actors who are required to dance. Dance shoes may
represent the period of a production or nature of a specific character
(e.g., sneakers in WEST SIDE STORY; athletic shoes in DAMN
YANKEES) and must conform to the appropriate style of the movement.
All footwear shall be of suitable construction for dancing when used for
theatre dance movement. Professional dance shoes are not required for
normal ballroom dancing or where there are minimally choreographed
movements. The theatre shall provide professional dance shoes at least
one week prior to dress rehearsal.
The theatre shall furnish pointe shoes with ribbons for all rehearsals and
performances requiring pointe shoes. The theatre shall furnish at least
one pair of pointe shoes for each member of the cast called upon to
dance in pointe shoes. New pointe shoes shall be provided sufficiently in
advance of their use to allow the Actor adequate time to break in the
shoes.
Shoes for dancing shall be rubbered and braced and shall be repaired or
replaced whenever necessary.
The Producer may furnish the Actor with shoes previously worn by the
same Actor in a prior engagement in the same season, provided they are
in good repair and have been used exclusively by said Actor.
(3) Rental. Shoes may be rented from the Actor at the Actor's option,
provided the Actor already owns shoes suitable to the production. Terms
of such rental shall be set forth in a rider to the Actor's contract.
(F) Make-Up. The Producer shall supply all make-up, except ordinary and
conventional stage make-up.
(G) Change of Hair Color. The Actor may not be required to change the color of
his hair unless he agrees in writing at the time of signing his contract and has
been notified at the time of audition of such potential change. If he agrees, the
Producer shall pay the expense of changing the color and of its upkeep during
the run of the engagement, and of the restoration to the original color at the close
of the engagement.
(H) Change of Hair Style. The Actor may not be required to cut his hair in a
manner that changes the hair style, or shave his head, beard, moustache, or
sideburns, unless he agrees in writing at the time of signing his contract and has
been notified at the time of audition of such potential change. If the Actor agrees,
the Producer will assume the cost of making the change and maintaining it during
the run of the production.
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(I) Anything to the contrary in the above notwithstanding, the Actor agrees to
appear at the theatre with the same appearance as he had at the time of signing
his contract and to maintain it as long as the Producer requires during the term of
his contract.
14. CONTINUOUS EMPLOYMENT.
Continuous employment of the Actor is of the essence of all employment
contracts. Employment thereunder shall begin on the date of the beginning of
rehearsals or required date of arrival if earlier, except as specified in Rule
59(A)(4), and shall continue until terminated as herein provided, and not
otherwise. In no case shall employment begin with a "Day Off."
15. CONTRACT.
(A) Changes and Alterations. The Actor has no right or power to waive any of the
minimum conditions set forth in the employment contract or these Rules without
the written consent of Equity. Unless any and all riders, changes, alterations,
waivers or substitutions from or under these rules made prior to, when, or after
the contract of employment is made shall have been consented to by Equity in
writing; such riders, changes, alterations, waivers or substitutions, or any part
thereof, are void, at the option of the Actor, Equity consenting. It shall be the
duty of the Producer, not the Actor, to submit proposed changes to Equity for its
written approval by a duly authorized representative. At the option of Equity no
such riders, changes, alterations, waivers or substitutions shall be admitted in
evidence in any arbitration, or by any tribunal for the disposition of any claim
without the written consent of Equity.
The Producer agrees that all blanks, including opening date, name of part,
salary, and required date of arrival will be filled in, in writing, before signing or
delivery.
Copies of all letters granting concessions shall be made a part of all Actors'
contracts.
(B) Resident Contracts. An Actor may not be employed on a Resident Contract
solely "As Cast"; at least two roles must be specified in the contract.
(C) Signing of. Unless a contract is signed concurrently, it must be signed by the
Producer first. The Producer shall not require the Actor to sign a contract
immediately upon presentation. However, he may notify the Actor and his
designated representative, in writing, that the signed contract must be returned to
him within a specified time period, which shall be not less than 72 hours, or it
may be declared null and void.
(D) Emergency Contracts. In any instance where a contract cannot be presented
to the Actor for signature in accordance with the above, AEA shall be consulted
for interim procedures. The standard Equity contract must nevertheless be
signed by the Producer and Actor within 24 hours after the Actor's arrival at the
theatre.
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(E) Quadruplicate Contracts. After entering into any employment contract, the
Producer shall file with Equity an exact quadruplicate copy thereof no later than
72 hours after receipt thereof by the Producer. Should the Producer not do so,
the Actor may at any time terminate the same without notice, and the Producer
shall pay to the Actor such amount as he may be entitled to under the rules for a
breach thereof.
(F) Attempted Breach. No Actor shall agree with a Producer, Employment Agent,
Personal Representative, or other Actor, and no Producer shall agree with any
Actor, Employment Agent, or Personal Representative to cause or attempt to
cause, or agree to permit, any breach of any term of any employment contract.
Should any Equity member engage in such conduct, he shall be subject to such
disciplinary action as Equity may determine.
Should any Producer be found by an Arbitrator to have engaged in such conduct,
said Producer agrees that such conduct on his part shall be a breach of his
Employment Agreements with Actors, entitling any such Actors to recover from
the Producer, Equity consenting, a sum equal to two weeks' salary as liquidated
damages, no present basis of calculation existing. The Producer further agrees
that upon such breach, his name may be posted on the Defaulting Employer’s list
at Equity.
In the event of a recovery of liquidated damages by or on behalf of the offending
Actor, the same shall be paid into the Actor's Equity Foundation.
16. CROSS-CONTRACTUAL PRODUCTIONS.
When a CORST production is transferred to or from a location using a Contract
or Agreement other than a CORST contract, Equity shall be advised and Equity
and the Producer shall negotiate conditions consistent with that of continuous
employment in order that Actor’s benefits, salary and work rules shall be
protected in the transfer.
17. DANCE CAPTAIN.
In all productions utilizing musical staging or choreography, there shall be a
Dance Captain assigned no later than the first day of rehearsal. An Actor who
performs the services of a Dance Captain shall be paid no less than 8% of the
prevailing Tier X Actor minimum salary per week in addition to his weekly
contractual salary. An Actor engaged solely as a Dance Captain shall be paid no
less than the Assistant Stage Manager's minimum salary. Payment shall begin
from the day of assignment.
The Stage Manager and any required Assistant Stage Manager are prohibited
from functioning as Dance Captain.
Dance Captain’s rehearsal hours shall not exceed those set forth in Rule 47,
REHEARSALS.
The Dance Captain shall be listed on the cast page of the program.
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18. DAY OF REST AND REST PERIODS.
(A) There shall be a minimum of one scheduled Day of Rest in every week in
addition to the regular periods of rest allowed herein during rehearsal and at the
close of each working day. During such rest periods, the Actor shall not be
required to perform, rehearse, travel or in any other manner be at the disposal of
the Producer.
(1) "Day of Rest" means from the end of work on one day until 7:00 PM
of the following day. A "Full Day Off," applicable only where specified,
means 24 consecutive hours in addition to the normal rest period
required after a day of rehearsal and/or performance.
(2) Prior to opening the Actor shall be entitled to one Full Day Off with
salary in each seven days of rehearsal, except during the last seven
days immediately prior to opening of the production, when a daylight Day
of Rest may be substituted.
(3) Where a production runs for two weeks or more at a single theatre,
there shall be one Full Day Off in each week, except for the opening
week during which the 7:00 PM Day of Rest Rule shall apply.
(B) The scheduled Day of Rest may be changed only twice during any season.
There shall be one week's notice of any such change.
(C) There shall be an 11-hour rest period between the end of employment on one
day and the beginning of employment on the next day.
(D) In no event shall employment begin with a Day Off. (For rest periods during
rehearsals or performances, see Rule 47, REHEARSALS or Rule 40,
PERFORMANCES.)
19. DEFAULTING EMPLOYERS.
Any Producer engaging any Actor represents that such Producer is not in default
under any agreement with Equity at the time of such engagement, and that no
contract has been entered into between said Producer and Equity or any Actor,
any breach of which remains unsettled or not liquidated. No Actor shall work or
be required by any Producer, without the consent of Equity, to work for any
person, co-partnership, corporation, enterprise, or group which has failed to
abide by any arbitration award or, where permitted herein, any final determination
of Equity, or which, through failure to meet past obligations to Equity, has been
placed on Equity's Defaulting Employer’s List; nor shall any Actor work for or be
employed by anyone who is or has been connected, either as an individual
proprietor, general partner, associate producer, corporate director or officer, or
active stockholder with any defaulting management so specified, without the
consent of Equity.
Should a Producer remain in default of salaries or other monies due any Actor for
a period longer than one year, the Producer agrees that 5% interest,
compounded annually, beginning one year after the default and ending when the
16
claim is paid, shall be added to and payable as part of said claim. If an Actor is
determined by Equity or by an Arbitrator to be in default to a Producer, interest
will accrue on said default in the same manner as above.
20. DEFINITIONS.
(A) Actor. The term "Actor" shall refer to and include all persons who are
engaged under Principal, Chorus and Stage Manager contracts.
(1) Principal Actor. The term "Principal Actor" shall include all persons
engaged on Equity contracts other than those engaged on Chorus
contracts and/or actually performing Chorus work.
(2) Chorus. The terms "Chorus," "member of the Chorus," "Actor
engaged under a Chorus contract," and "Chorus Actor” shall include all
persons engaged under Chorus contracts and/or actually performing
Chorus work, as may be determined by Equity.
(B) Part and Role.
(1) Part. The term “part” shall mean each character, specialty, or
function for which the Actor is responsible.
(2) Role. The term “role” shall mean the sum of the parts, specialties,
functions and assignments for which an Actor is responsible.
(C) Stock Theatre. A Stock Theatre is a theatre which presents consecutive
productions of different plays not in repertory with no lay-off or hiatus between
productions. Stock Theatres shall not be permitted within the cities of New York,
Los Angeles, Chicago or San Francisco without the permission of Equity.
(1) Resident Company. A Resident Company shall consist of at least
five performing Principal Actors and one non-performing Stage Manager
employed on Principal Resident Contracts for Stock and whose
employment, upon discontinuance of one production, shall continue in at
least one subsequent production. So long as employment is continuous
an Actor who is rehearsing for a subsequent production but is not also
performing in the current production may be considered a member of the
Resident Company during said week(s). In the case of a musical which
originally did not have five Principal roles, the Resident Company can be
maintained by including Chorus Actors on Resident contracts in the
roster of the Resident Company.
In instances when a non-performing Assistant Stage Manager is required
under the provisions of Rule 55, STAGE MANAGERS, the Resident
Company may consist of four Principal Actors, one non-performing Stage
Manager and the contractually required non-performing Assistant Stage
Manager.
Non-performing Assistant Stage Managers not required by the provisions
of Rule 55, STAGE MANAGERS and/or non-performing Understudies
17
shall not be counted toward the required number of Actors for a Resident
Company, even though engaged under the Resident Contract for Stock.
Only if a Resident Company is established no later than beginning with
the third production of the season shall it be deemed to be a Resident
Company. In this event the Producer may for the opening and/or closing
production of his season, or for the first two or last two productions of his
season, on prior notification to Equity of the exercising of these options,
have the requirement of a minimum Resident Company waived provided
all members of the company are signed to Equity contracts.
Furthermore, during the season, he may exercise the same option to the
maximum extent of two productions, provided he has established a
Resident Company prior to such waiver and will re-establish a Resident
Company thereafter.
Unless a Resident Company is established as set forth above, it shall be
deemed to be a Non-Resident Company from the inception of the first
production of the season through the balance of the season.
(2) Categories. Each CORST Theatre shall be categorized prior to each
season by certified actual weekly box office gross receipts averaged over
the Theatre’s last three seasons (see schedule set forth below). The
Producer shall provide Equity with the Theatre’s certified actual box
office receipts within 30 days of the end of the Theatre’s season.
Tier X
$92,742 and above
Tier Y
$63,761 to $92,741.99
Tier Z
$40,575 to $63,760.99
Tier zz
Less than $40,575
On the anniversary dates of this Agreement, the minimum weekly box
office figures in the schedule above shall be increased by three percent.
Maximum weekly figures shall be adjusted accordingly.
During this contract period February 25, 2008 through February 24,
2013, any Theatre that operated previously under the CORST
Agreement will not change its category as defined in the CORST
Agreement expiring February 24, 2008 except by mutual consent of the
Producer and Equity.
This provision 20(C)(2) shall expire on February 2324, 2013.
(3) Non-Resident Companies. Equity will automatically classify as NonResident Companies those companies which do not maintain a Resident
Company as defined herein. However, except with the consent of
Equity, this classification will apply only during the months of May, June,
July, August and September. If a Stock Theatre is classified as a NonResident Company, all provisions of the AGREEMENT AND RULES
GOVERNING EMPLOYMENT IN NON-RESIDENT STOCK shall apply.
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(D) Loss of Stock Theatre Status; Effect Of. If, as and when the company ceases
in any respect to be a Stock Theatre (as above defined) or becomes in any way a
company which does not comply with the whole of the definition of a Stock
Theatre, then contracts of employment excepting the arbitration clause shall
cease to be binding upon the parties and in lieu thereof, the parties hereby agree
to substitute "Actors' Equity Association Standard Minimum Production Contract,"
except for the following rules: COMPANY TERMINATION AFTER FIRST PAID
PUBLIC PERFORMANCE, TERMINATION (Before or During Rehearsal),
REHEARSALS (Outside Organization Point), JOINING COMPANY ON TOUR,
REHEARSALS (Lost) REHEARSALS DISCONTINUED OR PLAY ABANDONED,
with all blanks and all signatures except name of town and date of
commencement of term, which date shall be the date when the company ceases
to be a Stock Theatre, filled in the same as in the original contracts of
employment (together with any additions thereon over and above minimum
terms) in place of said original contract; said substitutions to be effective forthwith
upon the company ceasing to be a Stock Theatre as herein defined. Should the
Producer, as required by the definition of a Stock Theatre, fail to follow the first
production with a second as herein specified, the substitution provided for above
shall be effective as of the date when the original contract of employment is
entered into. The terms of said Standard Minimum Production Contract in its
entirety shall apply from said date, and the Producer shall reimburse and
compensate the Actor accordingly.
(E) Unit Attraction. A Unit Attraction is a company of Actors playing a particular
production at Stock Theatres as defined in 20(C), under a Unit Contract for
Stock.
(F) Resident Contract for Stock. An Actor engaged to perform in two or more
productions with no hiatus of employment may be signed to a Resident contract
for Stock, even though said Actor is not a member of the Resident Company.
Employment shall commence on the date the Actor is required to report to the
theatre, and shall not be terminated until the close of the season except as
provided in Rule 58, TERMINATION.
(G) Stock Jobbing Contract. An Actor engaged to perform in Stock in a single
production (other than a Unit Attraction) shall be signed to a Stock Jobbing
Contract. He shall be so signed regardless of the length of run of said
production. The minimum duration of a Stock Jobbing contract shall be two
weeks, including the rehearsal period.
(H) Package. A Package shall be defined as a production in which substantially
the same cast performs in more than one Stock Theatre (under consecutive
Stock Jobbing Contracts) utilizing essentially the same direction and
choreography. Re-blocking to accommodate arena or proscenium stages shall
not be considered as essentially affecting the original direction. Whenever a
Package plays a Resident Dramatic Stock Theatre, all of the terms and
conditions contained in the Agreement And Rules Governing Employment In
Non-Resident Stock Theatres shall apply.
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21. DEPUTIES.
There shall be Equity Deputies elected and functioning at all times in each
company. The election shall be held within the first three days of rehearsal, and it
shall be conducted by the Stage Manager. The rehearsal may be extended no
more than fifteen minutes to compensate for the time used for the election.
Whenever a Chorus is employed, there shall be Deputies for Chorus singers and
Chorus dancers in addition to a Deputy for Principal Actors. Whenever a Deputy
in one of the aforementioned job categories ceases to be a member of the
company, a new Deputy must be elected immediately.
22. DISCRIMINATION.
(A) The Producer shall not practice discrimination against any Actor on the basis
of race, color, creed, national origin, gender, sexual orientation, political
persuasion or belief, age or disability of such Actor. It is the intention of the
parties that the casting of productions will be conducted in a manner that
provides equal and fair consideration to all Actors including, but not limited to:
ethnic minority Actors, Actors with disabilities, women and senior Actors.
(B) The Actor shall not be required to perform in any theatre or other place of
performance where discrimination because of race, color, creed, national origin,
sex, gender, sexual orientation or political persuasion is practiced against any
Actor or against any patron as to admission to or seating in such theatre or other
place of performance.
23. DISCRIMINATION FOR UNION ACTIVITY.
The Producer shall not dismiss or otherwise penalize any Actor for fulfilling the
duties or obligations of a Deputy or an Equity member.
If a Deputy or an Actor claims to have been terminated for alleged union activity,
the Producer will furnish the reason for such termination to both the claimant and
Equity at the written request of either.
Any Equity member who claims that the Producer has given him notice or
otherwise penalized him for fulfilling his duties as an Equity member may present
his case to Equity who shall give the Producer an opportunity to be heard if he so
desires. If Equity is satisfied that such activities are the real cause of dismissal
or of any penalty, it may permit the Actor's claim to be arbitrated and shall have
the power to determine the character and the amount of the claim to be
submitted. It is agreed that the burden of proof for reason of the Actor's
dismissal is placed upon the Producer, and that proof must stand beyond
reasonable doubt or Equity's claim will be maintained.
Whenever an Equity Deputy is dismissed or otherwise penalized, Equity shall
investigate the reasons for such dismissal or penalty. If Equity is satisfied upon
investigation that said Deputy was dismissed or otherwise penalized for fulfilling
his duties or obligations as a Deputy, Equity shall have the right to permit
arbitration of the Deputy's claim and to determine the character and amount of
20
the claim to be submitted. It is agreed that the burden of proof for reason of the
Actor's dismissal is placed upon the Producer, and that proof must stand beyond
reasonable doubt or Equity's claim will be maintained.
It is further agreed that, if upon arbitration the claim of the Actor or Deputy is
sustained, the arbitrator in his discretion shall have the right to impose a penalty,
the amount of said penalty to be determined by the arbitrator. Said Actor or
Deputy in such event shall also be reinstated with back pay from date of
dismissal to date of reinstatement.
24. DUTIES OF ACTOR.
(A) No Actor shall be required to perform duties other than those for which he is
properly contracted under an Equity contract.
(B) The Actor agrees to:
(1) Be prompt at rehearsals and all other official calls;
(2) Attend all rehearsals as required;
(3) Appear at the theatre no later than one-half hour prior to the
performance;
(4) Pay strict regard to make-up and dress; and perform his services as
directed;
(5) Care properly for costumes and props;
(6) Respect the physical property of the production and the theatre, and
abide by all reasonable rules and regulations of the Producer which are
not in conflict with this Agreement;
(7) Refrain from using or from being under the influence of alcoholic
beverages and illegal drugs during rehearsals, half-hour, and
performances;
(8) Abide by all rules and regulations of Equity and not alter, omit, or
change them in any way.
Lateness or other infractions of the Equity rules can subject the Actor to
disciplinary proceedings in accordance with the Constitution and ByLaws of Actors' Equity.
25. EQUAL EMPLOYMENT OPPORTUNITY, NONDISCRIMINATION AND
NON-TRADITIONAL CASTING.
It is the intention of the parties that the auditions/ interviews will be conducted in
a manner that continues to promote fair consideration to ethnic minorities,
women, seniors and Actors with disabilities (consistent with the Americans with
Disabilities Act and the rules set forth herein.)
(A) Nondiscrimination.
(1) The Parties hereto reaffirm their commitment to a policy of
21
nondiscrimination with respect to equal employment opportunity
hereunder on the basis of sex, race, color, creed, national origin, age,
disability, sexual orientation, political persuasion or belief. There shall be
no discrimination against any Actor seeking employment.
(2) The Actor shall not be required to perform in any theatre, public or
private institution, or other place of performance, where discrimination in
any form is permitted or practiced because of sex, race, color, creed,
national origin, age, disability, sexual orientation, political persuasion or
belief.
(B) Non-Traditional Casting.
(1) It is the desire of the parties that employment for Actors shall
continue to reflect a multi-racial society that also includes Actors with
disabilities. Toward that end, Actors’ Equity Association and the
Producer will continue to encourage to the best of their abilities a flexible
and imaginative casting policy which is called non-traditional casting.
(2) Non-traditional casting is for the purpose of increasing employment
for ethnic minorities, (African-American, Hispanic-American, AsianAmerican and Native American), women, seniors and Actors with
disabilities and is for the casting of the aforementioned Actors in roles
where race, age, ethnicity, gender or the presence or absence of a
disability is not germane to the play or the character’s development.
(3) It is also the intention of the parties that in furtherance of this policy,
with due regard for the requirements of and suitability for employment,
and with the understanding that there can be no interference with the
contractual rights or artistic discretion of the Playwright, Director or
Choreographer, the Producer shall endeavor to engage ethnic minorities,
women, seniors and Actors with disabilities.
(C) Records. The Producer will maintain for each production records of ethnic
minorities, women and Actors with disabilities interviewed, hired and/or replaced,
and will make best efforts to maintain such records on senior Actors, and will
forward such records to Equity within four weeks of the first public performance
and thereafter on a quarterly basis. Equity will provide the applicable form.
(D) Notice.
(1) The Actor or applicant shall give notice to Equity of any claimed
violation of Section (A), (B) and/or (C) within 28 days of the time when
the claim arose, and Equity shall send written notification to the Producer
within five business days thereafter. Any claim for which timely notice is
not given shall be barred unless good cause for such delay is shown.
(2) A claimed violation of this Rule 25, EQUAL EMPLOYMENT
OPPORTUNITY,
NON-TRADITIONAL
CASTING
AND
NONDISCRIMINATION, unless satisfactorily resolved between Equity and the
Producer, shall be submitted to arbitration. In the event the arbitrator
determines that discrimination has been practiced, the arbitrator shall
22
have the authority to direct reinstatement or employment, as the case
may be, and/or assess such monetary damages as in the arbitrator’s
opinion will make the Actor or applicant whole for such actual financial
loss as the Actor or applicant may have suffered by reason of said
discrimination, but in no event shall damages awarded exceed the
minimum salary payable for the term of the production.
(E) Performers With Disabilities.
(1) When a role being cast depicts a person with a specific disability, the
Producer agrees to include that fact in the casting specifications and, at
the same time, to notify Equity of such specifications so that performers
with similar disabilities shall be informed and given the opportunity to
audition for the role.
(2) When auditions are held in premises which are not architecturally
accessible for performers with disabilities, the Producer will, upon
notification by Equity or by a performer with a disability who wishes to
audition, arrange for an appropriate audition facility to accommodate
such performers.
(3) When a deaf performer is sought, the Producer shall provide, during
the audition, an interpreter for the deaf (one qualified or certified in sign
language or oral interpretation).
(4) All audition material provided by the Producer shall, upon request, be
made available to blind and visually impaired performers at least 48
hours in advance of the audition, at a place to be designated by the
Producer.
26. EQUITY: SPECIAL PROVISIONS.
(A) Benefits. Actors may rehearse for and play in Equity benefits.
(B) Meetings: Privilege of Actors to Attend. The Producer shall not schedule
rehearsals nor require the services of the Actor (except in cases where dress
rehearsals are being held or rehearsals on opening date) at any time when a
regularly called meeting of Equity is being held within 25 miles of where the Actor
is rehearsing or performing. Time off for this purpose shall not be counted as a
part of that day's rehearsal.
(C) Special Power to Act for Actor.
(1) Whenever it is provided in any employment contract that any act or
thing may be done by an Actor at the option of or with the consent of or
at the request of Equity, or on the demand of or with the consent of such
Actor, Equity has and is given authority to act for and in place of the
Actor and to assert his position or make his request or demand, as the
case may be, with all of the power and authority of the Actor himself,
without liability to itself.
(2) In all cases where by virtue of any employment contract the consent
23
or approval of Equity is required, Equity has and reserves full
discretionary power in giving its consent to change, modify or limit rights
of any Actor under his contract, said action shall be taken on behalf of
Equity in writing by either the President or the Executive Director, or by
one of the Executives especially authorized by either of said officers to
act.
Oral or telephone rulings made by Equity are not binding upon the
Association or, except with its consent, upon Actors. Written rulings or
interpretations of either the employment contract or this Agreement must
be either approved by or given by the President or the Executive
Director, or by one of the Executives specifically authorized by either of
said officers to act. Such rulings or interpretations shall be binding upon
the Association only when said persons act within the powers delegated
to them by the Council.
(D) Council Powers. Should there be any conflict between rules or any basis for
more than one interpretation as to the meaning of them, the Council of Equity
has the right to determine the correct interpretation or resolve the conflict, and its
decision shall be binding upon Equity and the Actors.
(E) Representatives. Duly authorized representatives of Equity shall have free
access to the stage and to all Actors at all times, inclusive of rehearsals and
performances. Equity may represent Actors in any dispute which may arise with
the Producer.
(F) Determination of Classification. Equity has the sole right to determine
whether an individual is correctly classified as a Principal, Chorus, Stage
Manager, Assistant Stage Manager, or Extra.
27. EXCLUSIVE SERVICE OF THE ACTOR.
Except as otherwise provided for in the contract of employment, the Actor shall
not accept any other engagement in the legitimate and/or musical comedy fields
from the date of beginning of rehearsal and until said contract is lawfully
terminated, without the written consent of the Producer. The Actor shall,
however, have the right to accept other employment not conflicting with the
fulfillment of his duties under said contract. If the Actor is a star or featured
player in the production covered by said contract, he may enter into a written
agreement to be annexed to said contract, agreeing not to accept any other
employment and to render his services exclusively to the Producer and not to
render services to any other person or corporation without the written consent of
the Producer.
24
28. HOSPITALIZATION AND MEDICAL COVERAGE.
(A) The Producers of CORST Theatres agree to pay to the Equity-League Health
Trust Fund the following sums per week, for each Actor for each and every week
of employment:
Effective Dates
Tiers X, Y and Z
Tier zz
2/25/08 – 2/22/09
$155.00
$135.00
2/23/09 – 2/28/10
$165.00
$135.00
3/01/10 - 2/27/11
$175.00
$155.00
2/28/11 – 2/26/12
$185.00
$155.00
2/27/12 - 2/24/13
$200.00
$175.00
These monies shall be used to provide Health benefits for the Actor including, but
not limited to, Hospitalization and Health Insurance.
The Producer further agrees to be bound by the Agreement and Declaration of
Trust establishing the Equity-League Health Trust Fund, including all its rules and
regulations and any and all modifications thereto which may be adopted by its
Trustees during the term of the Agreement.
(B) Supplemental Workers’ Compensation Insurance. The Producer agrees to
provide Supplemental Workers’ Compensation insurance through a group policy
administered by the Equity-League Health Trust Fund. All Health rates listed
above are inclusive of the contribution for Supplemental Workers’ Compensation
Insurance.
29. HOUSING AND LOCAL TRANSPORTATION.
(A) Housing.
(1) It shall be the Producer's obligation and responsibility to locate and
reserve suitable living accommodations at reasonable cost for all Actors
employed at his theatre. The cost to the Actor shall not exceed the
percentage of his actual weekly salary proscribed in the chart below:
Effective date
Allowable housing
deduction
2/25/08
10.0%
2/23/09
7.5%
3/1/10
5.0%
2/28/11
2.5%
2/27/12
0.0%
If suitable housing is not available at the above rates, the Producer
agrees to pay any overage.
25
(2) The Actor is entitled to a private room at the cost prescribed above
and shall not be required to share a room. A "room" shall be a
permanent enclosure and not a division of space by curtaining or other
temporary devices. The Actor shall not be obligated to room and board
or live at any particular place, but shall be offered a choice of
accommodations (including any private homes available) not restricted to
one location unless the Producer provides housing free of charge to the
Actor. Producer agrees to post in housing instructions for summoning
emergency services, including address of the housing and how to
summon emergency service if cell phone coverage in insufficient.
(3) Housing List.
(a) At the time of signing a contract, the Producer shall supply each
Actor with a list of accommodations expected to be available at the
time of arrival. A copy of the list shall be sent to Equity. The list shall
include accommodations that are "pet free" year-round, if available,
to be offered to Actors who indicate specific allergies at the time of
contract signing. Listed accommodations shall be those which the
Producer and/or his responsible representative has personally
inspected immediately prior to the beginning of the season and
therefore warrants and guarantees to be reputable, safe, clean, and
sanitary. The established scale for any given room shall be made
available and be the same for all Actors.
(b) The accommodations listed must be described as to price,
availability of equipment (such as telephone, kitchen, bath, closet,
TV, etc.), services, types of beds, distance from the theatre,
availability of public transportation, proximity of shopping and laundry
services, whether smoking is permitted and housing is smoke free
and whether the room or rooms are able to be locked. When
accommodations are in private homes, animals and/or children on
the premises shall also be indicated, as well as the number of people
sharing a bath.
(4) If the theatre is engaging an Actor with a disability, the Producer will
insure that said Actor has accessible housing that conforms to all the
requirements described above.
(5) The Stage Manager and Assistant Stage Manager shall not be
responsible for arrangements for living accommodations.
(6) As an aid to Actors who are parents and desire to bring a child (or
children) along when employed at the Theatre, the Producer, prior to the
conducting of auditions, shall provide to Equity the following information
on a form provided by Equity:
Childcare on site;
Day care available elsewhere;
Day Camp;
26
Baby-sitters, caretakers, babysitting services; Possibility of
enrolling in local schools;
Housing appropriate for Actors with children;
Recreational facilities, parks, playgrounds nearby;
Nursery school.
This information will be updated annually by the Producer.
(7) Accommodations secured for the Actor shall include bedding, bed
linens and at least two towels (all of which shall be laundered weekly).
Where a kitchen is included but basic cooking and eating utensils are not
furnished, this must be noted in the housing list furnished to the Actor. If
a security deposit is required, the Producer shall advance the deposit to
the Actor, provided the Actor signs an authorization agreeing to have any
monies advanced deducted from his salary.
(8) When an Actor finds his designated lodging to be unsuitable (i.e.,
does not comply with the minimum standards set by Equity, is not in
compliance with the description given, or is not in substantial compliance
with the Actor's health requirements as specified in advance by said
Actor), an alternate choice shall be made available to the Actor at similar
cost. Such change of lodging shall not alter the Producer's obligation for
said Actor's transportation pursuant to (B) of this Rule.
(9) The Producer shall not be responsible for the room and board of
relatives or pets.
(B) Local Transportation. In all cases where there is no available public
transportation in the immediate vicinity of the theatre, it shall be the responsibility
of the Producer to provide, at his own expense, the following local transportation
to the Actors:
(1) To And From the Theatre. During daylight hours, transportation to
and from rehearsal and/or performance will be provided for Actors whose
housing is more than one-quarter mile from the theatre or rehearsal
space, in accordance with a pre-arranged schedule. Transportation will
be provided for any Actor who is physically disabled or is 65 years of age
or over, regardless of lodging location, and for all Actors during inclement
weather and after sunset.
This transportation shall be furnished in such manner that the Actor will
arrive at the theatre one-half hour prior to the beginning of each
performance and promptly for each rehearsal, and shall be available to
return the Actors to their living quarters no later than one-half hour after
each performance and promptly after each rehearsal.
In the event lodgings are more conveniently reached by walking, an
escort shall be provided for any Actor who would otherwise be walking
alone. The Actor will give notice prior to "curtain down" whenever this
service is needed.
27
(2) For Meals. If cooking facilities are not available to the Actor and if no
suitable and moderately priced public dining facilities where the Actor
can obtain three meals a day during normal meal hours are located
within one-quarter mile of the Actor's lodgings, then the Producer shall
provide reasonable round-trip transportation to such dining facilities.
(3) For Shopping, Laundromat. Round-trip transportation to a shopping
facility shall be made available twice a week at posted times. One such
trip shall be to an area with a bona fide super-market and laundromat.
(4) Waiver of Local Transportation. When suitable accommodations are
available within two miles of the theatre, but the Actor elects to live
beyond that area, the Producer shall not be obligated to furnish local
transportation.
(5) Upon Arrival. It shall be the Producer's obligation and responsibility
to have the Actor met upon arrival in the town or to provide instructions in
advance as to where to go upon arrival.
(C) When a theatre is located in a suburban area of a major city, and when the
Actor is a permanent resident of that city, if there is no convenient public
transportation between the city and the theatre, the Producer shall be obligated,
at his own expense, to provide round-trip transportation to and from the theatre to
some convenient central location within the city.
30. ILLNESS AND SICK LEAVE.
(A) Sick Leave. Each member of the company shall accumulate one day's sick
leave with salary for each 28 days (four weeks) of employment for the same
Producer. Sick leave may be accumulated until the termination of the Actor's
contract. It is understood and agreed that should the Actor become ill and be
docked for a missed performance prior to accumulation of any sick leave that, on
his subsequent accrual, he will be reimbursed for those performances docked in
accordance with the accumulation he has earned. If questioned, the validity of
the illness shall be determined by a committee consisting of the Deputy, Stage
Manager, and Producer, and such determination shall be final and binding on the
Actor and Producer.
(B) Salary Payment. If the Actor cannot perform because of illness, injury, or any
other valid reason, then the Actor shall not be entitled to any salary, except as
provided in 0 above or Rule 31, INJURY AND WORKERS’ COMPENSATION
INSURANCE, for the time during which said services shall not, for such reason
or reasons, be rendered. (See Rule 58, TERMINATION, for termination of
contract due to illness or injury.)
31. INJURY AND WORKERS’ COMPENSATION INSURANCE.
Workers' Compensation. The Producer agrees to obtain and maintain Workers'
Compensation Insurance coverage for all Actors in his employ.
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32. JUVENILE ACTORS.
The Producer shall provide a responsible person to supervise Juvenile Actors
under the age of 16 during the rehearsal period and all performances from halfhour until each Juvenile Actor has been called for by a responsible parent or
guardian after curtain down. Such persons shall not perform functions that
interfere with the supervision of said Juveniles. Actors and Stage Managers in
the production shall not perform such supervisory duties. Such Juvenile Actors
shall be provided with dressing room space separate from adult Chorus or adult
Principal Actors.
33. LAWS GOVERNING.
This Agreement shall be subject to, be construed by, and all the rights of the
parties thereto shall be determined by the laws of the state of New York, except
as may otherwise be provided.
If there are any valid provisions of law applicable to a contract of employment
which are in conflict herewith, the provisions of the contract which conflict
therewith shall be deemed modified in conformity with the provisions of such
applicable laws.
34. MILITARY SERVICE OF THE ACTOR.
If the Actor is called to report for military service, the Actor may terminate his
contract by giving the Producer as much notice as the circumstances will permit.
In such event, the Producer agrees to pay the Actor's return transportation and
the Actor shall not be obligated for the payment of the fare of his successor.
35. MUSICAL PRODUCTIONS: SPECIAL PROVISIONS.
CORST Tier Y, Z and zz theatres shall not present musicals in excess of one-half
of the performance weeks of their season except by the express approval of
Equity and only under the terms and conditions determined by Equity.
(A) Minimum Company.
(1) In all musical productions which, as originally produced required no
Chorus, casts of seven or fewer shall consist entirely of Actors engaged
on Equity contracts.
(2) In any musical which has a Chorus, a minimum number of Equity
Chorus contracts as enumerated below in Rule 35(D) will be signed
under which the Actors will perform as Chorus. The Chorus contract (or
rider) shall be used only for those persons who actually perform as
ensemble dancers and/or singers. In addition, a minimum of four Equity
Principal contracts will be signed under which the Actors will perform as
Principals, except in productions which, as originally produced, required
fewer than four Principal roles.
In instances when a non-performing Assistant Stage Manager is required
under the provisions of Rule 55, STAGE MANAGERS, said required
29
Assistant Stage Manager may be counted towards the minimum of four
Equity Principal contracts required above.
(B) Chorus. For terms related to the employment of Chorus, please see Rule 10
CHORUS.
(C) Use of Non-Professionals in Principal Roles.
(1) Production Without Chorus. Non-professionals (as defined in Rule
37) may be permitted in minor Principal roles in accordance with the
following ratio:
Non-Pro Ratio for Tiers X, Y and Z
Cast Of
Equity Principal
Contracts
Non-Pros in
Principal Roles
8
7
1
9
7
2
10
8
2
11
8
3
12
9
3
13 or more
9
Unlimited
Non-Pro Ratio for Tier zz
Cast Of
Equity Principal
Contracts
Non-Pros in
Principal Roles
7
6
1
8
7
1
9
7
2
10
8
2
11 or more
8
Unlimited
NOTE: The provisions above for Tier zz shall expire on February 23,
2013 and shall be replaced with the provisions in effect on February 24,
2008 (2007 season).
30
(2) Productions Utilizing Chorus. Non-Professionals may be permitted in
accordance with the following ratios.
(a) The following ratio shall apply to Theatres that present four or
more musicals per season.
Equity Contracts
Non-Pro
(Chorus and Principal)
Principals
10
1
11
1
12
2
13 or more
unlimited
(b) The following ratio shall apply only to Theatres that present three
or fewer musicals per season.
Equity Contracts
Non-Pro
(Chorus and Principal)
Principals
10
1
11 or more
unlimited
This provision 35(C)(2)(b) shall expire on February 23, 2013.
(c) The above ratios notwithstanding, the following ratio shall apply
to Theatres operating in Tier zz regardless of the number of musicals
presented per season:
Equity Contracts
Non-Professionals
(Minimum of 4 Chorus)
9 or more
unlimited
NOTE: The provisions above for Tier zz shall expire on February 23,
2013 and shall be replaced with the provisions in effect on February 24,
2008 (2007 season).
(3) The ratios in 35(C)(1) and (2) above exclude Stage Managers, nonrequired Assistant Stage Managers and non-performing Understudies.
(4) Reference shall be made to cast breakdown lists, prepared and
distributed by Equity, in determining the roles available to NonProfessionals. It is the intention of Equity that Non-Professionals not be
used in leading or substantial supporting roles. It is not the intention of
this rule, however, to deprive the Producer of the use of the number of
Non-Professionals to which he is entitled under the terms of this
agreement. Should the Producer find it necessary to cast a NonProfessional in a role which could be considered substantially supportive,
Equity will not unreasonably withhold consent upon written request.
31
(D) Use of Non-Professionals in Chorus.
(1) In theatres presenting four or more musicals per season, the
following will apply:
Any Chorus of six or fewer must consist entirely of Actors signed to
Equity Chorus contracts. When six Equity Chorus contracts are in effect
under which such Actors are performing as Chorus, the Producer may
augment the Chorus with Non-Professionals as defined in Rule 37. Such
Non-Professionals may not be partnered with Chorus Actors in any
dance sequence, nor may such Non-Professionals perform any acting
assignment in the production.
(2) In theatres presenting three or fewer musicals per season, the
following will apply:
Any Chorus or four or fewer must consist entirely of Actors signed to
Equity Chorus contracts. When four Equity Chorus contracts are in
effect under which such Actors are performing as Chorus, the Producer
may augment the Chorus with Non-Professionals as defined in Rule 37.
(E) Partnering. An Actor shall be permitted to partner or be partnered by a nonprofessional. Should a dispute arise as to the safety of this partnering, such
partnering may only continue with the unanimous approval of an on-site
committee consisting of the Deputies, Dance Captain and Stage Manager.
(F) Except during Dress Rehearsal, each individual Actor will be given a fiveminute rest period after no more than 55 minutes. If a five-minute rest period is
not given in a particular hour, a 10-minute rest period must be given after no
more than one hour and 20 minutes. During Dress Rehearsal, the rest period
between acts shall be at least 10 minutes. For each failure to give such rest
periods, the Producer shall pay each Actor one hour of overtime at the rate set
forth in Rule 47(C).
(G) Should the Producer fail to employ the required number of Principal and
Chorus performers in a musical production, or should Actors signed to Chorus
contracts fail to perform as Chorus, the Producer shall pay the sum of $200
Dollars to Actors’ Equity Foundation for each week for each violation. Should the
number of Non-Professionals, excluding those Non-Professionals in Chorus,
exceed those permitted by this Rule, then Rule 37(I) shall apply.
36. NO LOCKOUTS OR STRIKES.
(A) Notwithstanding any other provisions contained in this Agreement to the
contrary, no Actor shall be subject to discharge, discipline, or replacement by the
Producer:
(1) for refusal to cross a picket line or enter upon the picketed premises if
employees of the Producer other than those governed by this Agreement
are on strike or are picketing the Producer; or
(2) for refusal to cross a picket line or enter upon the premises of an
32
employer other than the Producer if the employees of such employer are
engaged in a strike ratified by a representative of such employees, which
such employer is required by law to recognize. In either instance, such
strike or picketing must enjoy the sanction of and be ratified by the
relevant parent national or international union, the Council of Equity must
endorse and support the strike or picketing and direct its members to
honor such picket line or strike, provided that the strike or picketing is not
in violation of law.
(B) The Producer shall not lock out any of the Actors, and neither the Actors nor
Equity will call, sanction, or participate in a strike during the period of this
Agreement except as provided above. In no event shall any Actor be required to
perform or to enter the theatre for such purpose, if such performance or entrance
would endanger the Actor's safety.
(C) Should a strike by the Actors occur during the period of the Agreement,
Equity will be deemed not to have violated the terms of this Rule if Equity refrains
from assisting, encouraging, or condoning, and in good faith takes every
reasonable means to terminate the strike at once, and in addition thereto,
promptly declares publicly that the strike is unauthorized and directs the Actors to
cease such conduct.
(D) The provisions of this Rule shall not be deemed to affect the express rights of
Equity or the Actor under Rules 7, BREACHES BY PRODUCER; 19,
DEFAULTING EMPLOYERS; 34, MILITARY SERVICE OF THE ACTOR, or 43,
PRODUCTION PROSECUTED.
37. NON-PROFESSIONALS.
(A) The Producer may employ Non-Professionals (Membership Candidates,
students, or local jobbers) who are not members of any branch of the 4A's and/or
who have not been members of a performer's union outside the United States,
and only when playing outside of commuting distance (25 miles or more) of New
York, Chicago, San Francisco, or Los Angeles, and only in accordance with the
following Rules governing the employment of such persons. Such NonProfessionals may be used in specific Principal roles and/or in the Chorus,
subject to the restrictions of Rule 35.
(B) Affidavits. On a form supplied by Equity, the Producer shall register with
Equity each Non-Professional associated with his company within one week of
engagement by filing his name, address, Social Security number and a
statement, signed by the Non-Professional, that he is not a member of any
branch of the 4A's.
(C) Use of Non-Professionals in Dramatic Productions. All casts of six or fewer
(exclusive of the Stage Manager and non-required Assistant Stage Managers)
shall consist entirely of Actors signed to Equity contracts. In casts of seven or
more, non-professionals may be engaged in accordance with the following ratios:
33
Non-Pro Ratio for Tiers X, Y, and Z
Cast Size
Equity Principal
Contracts
Non-Pros
7
6
1
8
6
2
9
7
2
10
7
3
11 or more
8
unlimited
Non-Pro Ratio for Tier zz
Cast Size
Equity Principal
Contracts
Non-Pros
6
5
1
7
6
1
8
6
2
9
7
2
10
7
3
11 or more
8
unlimited
The ratios above exclude Stage Managers, non-required Assistant Stage
Managers and non-performing Understudies.
Upon application by the Producer, Equity agrees to waive for one production
during the season the above-mentioned ratios, provided that a Resident
Company is maintained for said production. The waiver production of the
season shall be noted on the Callboard. Non-Professionals may not be used
in leading or substantial supporting roles. It is not the intention of this rule,
however, to deprive the Producer of the use of the number of NonProfessionals to which the Producer is entitled under the terms of this
Agreement.
Should the Producer find it necessary to cast a NonProfessional in a role which could be considered substantially supportive,
Equity shall not unreasonably withhold consent upon written application.
(D) Use of Non-Professionals in Musical Productions. (See Rule 35.)
(E) Membership Candidate. A Membership Candidate is defined as a NonProfessional who is interested in obtaining training for the theatre and/or who
intends to make a career in the professional theatre and is properly registered
with Equity.
(1) A Membership Candidate who accrues 50 workweeks among
theatres participating in the Membership Accreditation Program will be
34
eligible to join Actors' Equity Association. Such eligibility will remain
open for a period of five years following the 50th week. However, after
accruing 50 work weeks (or as provided in (3) and (4) below), and during
this five year period of eligibility, no Membership Candidate may be
engaged by a theatre unless signed to an Equity contract.
(2) A workweek for the Membership Candidate shall be defined as any
week in which the Membership Candidate rehearses or performs with the
Equity company as an actor, understudy, or production assistant to the
Stage Manager, and shall be so reported on the weekly report.
Membership Candidates shall be primarily engaged as actors,
understudies, or production assistants to the Stage Manager, but for
those who may be doing technical work for productions in which they are
not performing, understudying, or assisting the Stage Manager, credit will
be given for such related production activity up to a maximum of 10
weeks. Under no circumstances may more than 10 weeks of the
Membership Candidate's cumulative 50 weeks be spent in such activity.
(3) A Membership Candidate who completes the required number of
work weeks as specified in section (2) above during the period of a
production will be allowed to complete the production as a NonProfessional provided that the work assignment remains the same and
the Actor's engagement does not extend more than eight weeks beyond
the 50-week period set forth in (1) above.
(4) Equity retains the right to withdraw the Membership Accreditation
Program from any Theatre.
(F) Local Jobbers. A local jobber is hereby defined as a bona fide resident of the
community in which the theatre is located, is a Non-Professional as hereinabove
defined, and who is in no other manner connected with the professional theatre.
At the time of engagement, the Producer shall offer all local jobbers the option of
being enrolled as Membership Candidates.
A local jobber may be employed by the Producer in Principal roles within the
above limitations in not more than two productions in the first season, and
one production in any season thereafter, unless signed to an Equity contract
or enrolled as a Membership Candidate.
(G) Eligibility. A Non-Professional who has exhausted his status as a NonProfessional under any other Equity contract or Agreement which permits NonProfessionals shall not be eligible to perform as a Non-Professional under this
Agreement.
(H) Travel. If a Non-Professional is cast in a production which travels, he must be
signed to the appropriate Equity contract.
(I) Violation. In the event that a Non-Professional is used in a production in
violation of these Non-Professional Rules, the Producer agrees to pay the Actors'
Equity Foundation a sum equivalent to one week's rehearsal pay, plus one
week's minimum salary for each week said violation continues. In the event of a
35
second violation, the Producer shall pay to the Actors' Equity Foundation a sum
equivalent to two weeks' rehearsal pay plus two weeks' minimum salary for each
week said violation continues.
38. NUDITY.
Any production with nudity shall be subject to the prevailing rules of Equity with
regard to auditions, performances, the taking of photographs and the making of
any and all visual recordings.
39. PENSION FUND AND 401(k).
(A) The Producer acknowledges that the collective bargaining agreement
effective June 1, 1960, between Equity and The League of American Theatres
and Producers provides for the establishment of a jointly administered Pension
Fund and the Producer agrees hereby to become a participant in said Pension
Fund. The Producer agrees to execute all necessary documents including the
Agreement and Declaration of Trust establishing said Pension Fund now or
hereafter adopted or which may, from time to time, be adopted by those
administering said Fund. The Producer agrees to make contributions to said
Pension Fund for each and every week of the Actor's employment in the amount
of 8% of the gross payments to the Actor.
(B) The Actor shall have the option to contribute to the Equity-League 401(k)
Plan. The Producer agrees to make salary deferrals, as directed by the Actor,
and remit same to the Plan. No contributions shall be required of the Producer.
The Producer further agrees to be bound by the Agreement and Declaration of
Trust establishing the Equity-League 401(k) Plan, including all its rules and
regulations and any and all amendments and modifications thereto that may be
adopted by its Trustees during the term of this Agreement.
40. PERFORMANCES.
(A) Number Of. In X, Y and Z theatres, a week's work shall consist of no more
than eight performances on six consecutive days. In zz theatres a week’s work
shall consist of no more than six performances on six consecutive days.
(B) Payments to Actor. A week's compensation shall be paid even if fewer than
eight performances are given.
All performances or rehearsals for which admission is charged (except bona
fide benefits endorsed by the Theatre Authority or Equity) are to be counted
and considered as performances for which the Actor is to be paid.
(C) Extra Performances. Except as herein provided, a sum equal to two-eighth’s
of the weekly salary shall be paid for each performance over eight in each week.
In zz Theatres, one-sixth of the weekly salary shall be paid for a seventh or
eighth performance, and two-eighth’s shall be paid for performances over eight in
a week.
(1) If more than two performances are given or begun on any one day,
36
the third performance shall be paid for as an extra performance, even
though the total number of performances given during the week is eight
or fewer.
(2) Any performance begun prior to 2:00 PM or later than 11:00 PM shall
be counted as an extra performance within the meaning of this
paragraph and shall be paid for at the rate of two-eighths of the Actor's
weekly salary.
However, performances for elementary and secondary school groups
may begin prior to 2:00 PM without additional compensation, provided
that the intention and number of such performances, to the best of the
Producer's knowledge and ability, shall be stipulated at the initial contact
with the Actor and in a rider to the Actor's contract at the time of signing,
and further provided that all required rest periods are observed.
(3) Performances on a day scheduled as a day free of performance may
be given only with the prior consent of Equity.
(D) Rest Periods Between Performances. There shall be a minimum of a 1-hour
rest exclusive of half-hour call between any two performances. If it is necessary
for the cast to leave the theatre in order to obtain a meal, the rest period shall be
increased to 1½ hours exclusive of half-hour call between performances. Should
there be less than 1½ hours exclusive of half-hour call between performances,
and there is no dining facility on the theatre premises, the Producer shall, at his
own expense, provide the Actors with a meal at the theatre within 15 minutes of
the conclusion of the first performance. Actors shall be offered a choice of a hot
or cold balanced meal. The cast shall be notified 24 hours in advance of what
the meals will consist. Special dietary needs shall be accommodated if
requested by the Actor at least 24 hours in advance.
If there is less than 1½ hours exclusive of the half-hour call between
performances and there is no dining facility on the theatre premises and the
Producer does not provide a meal, the Producer shall pay to each Actor a
penalty of $10.00 and shall notify the Actors 24 hours in advance that a meal will
not be provided.
In no event shall the rest period between performances be less than 1 hour.
(E) Place of. The Actor shall not be required to perform in any other place or
upon any other stage than that on which performances are regularly given,
except with prior consent of Equity.
(F) Length of Performance and Overtime. The length of the performance shall be
deemed to be 3-1/2 hours from the half-hour call unless the actual time elapsing
between the half-hour call and the end of the performance is in excess of 3½
hours, in which event said actual time shall be the length of the performance.
Overtime compensation at the rate of $8.00 per half-hour shall be paid weekly on
a cumulative basis for all performance time in excess of three and one-half
hours, as herein defined. In no event, however, shall overtime be paid on the
first performance of any production. Should overtime result from unavoidable
37
delays or interruptions during a performance, the Producer may apply to Equity
for a waiver of overtime payments. The Producer agrees to abide by the
determination of Equity which shall be final.
(G) Intermission. Intermissions shall not exceed 30 minutes each.
41. PERFORMANCES LOST.
(A) If the Company as a whole cannot perform because of fire, accident, strikes,
riot, Act of God, or the public enemy, which could not be reasonably anticipated
or prevented, then the Actor shall not be entitled to any salary for the time during
which his services shall not for such reason or reasons be rendered. Should any
of the foregoing conditions continue for a period of 10 days or more, either party
may terminate the contract, and the Producer will pay for all services to date and
transportation back to New York City or the place of residence.
The word "strikes" as used in this Rule shall not include strikes within the theatre
arising because of the default of the Producer or which he could have reasonably
prevented.
(B) If performances are not given because of a claimed application of (A) of this
Rule, any Actor who remains at or near the theatre location and away from his
bona fide place of residence at the direction of the Producer, shall receive a per
diem payment of one-seventh of minimum salary for each day that performances
are not given, but in no event shall the combined per diem and performance
payments exceed contractual salary. If it is determined that this Rule does not
apply to the particular situation, the per diem payments made to the Actor may
be used as an off-set against any salary payments found due.
(C) The Producer agrees to abide by the determination of Equity as to whether
this Rule applies to any given situation, and such determination shall be final.
42. PHOTOGRAPHS AND PUBLICITY.
(A) In addition to the regular rehearsal time, one hour per week shall be allowed
for the taking of customary and usual photographs, together with photographs to
appear in magazines or newspapers for the sole purpose of publicizing and
advertising the production.
In a season where a production plays for at least two weeks, the Actors may
agree to a single photo call of one and one-half hours duration for that production
in lieu of the weekly one hour call.
If all or any part of such time is used after an evening performance, it shall be
used immediately thereafter, and in no event may extend beyond 1:00 A.M.
Photographs shall not be taken at any time unless 24 hours notice is given to the
Actor. In all cases, the Actor's name shall be properly credited in the publicity
whenever and wherever the photographs are used.
If photographs are taken at any time other than hereinabove specified (except
during rehearsal hours), the Actor shall be paid not less than one-eighth of his
38
weekly salary for each day or part thereof employed in such photographing.
(B) The Actor cannot be required to be at the disposal of the Producer except
within the specified rehearsal and performance hours.
When personal
appearances are scheduled for the Actor by the Producer, the Actor shall be
given 24 hours notice. An Actor signed to a Jobbing contract may not make
more than one personal appearance in any one week. This rule does not prohibit
the Actor from electing to be interviewed on radio or television, or from making
reasonable personal appearances.
43. PRODUCTION PROSECUTED.
Should the production in which the Actor is engaged be complained of as being
in violation of any statute, ordinance, or law of the United States, or any state or
any municipality in any state, and should a claim or charge, either civil or
criminal, be made against the Actor arising out of his employment in such
production, the Producer shall defend the Actor at the Producer's own expense,
or shall pay any and all reasonable charges laid out or incurred by the Actor in
his own defense, and shall indemnify the Actor against any loss or damage which
he may suffer arising from his employment in any such production.
It is specifically agreed and understood between the Actor and the Producer that
the language, business and costuming of the play are under the control and
direction of the Producer and author who, according to custom, can at any time
erase or amend the scenes and lines, and that consequently the Actor has no
certain method of knowing during rehearsals whether in its final presentation the
play is susceptible of being considered immoral or indecent. Therefore, the
Producer represents to the Actor that the play as produced shall not violate any
law or give offense which is punishable by any law, and expressly agrees that
should he or the author be arrested or summoned on such charges, that the
Actor may, (Equity consenting) terminate the engagement forthwith. Upon such
termination, the Producer shall pay to the Actor forthwith all sums due under his
agreement plus one week's salary as compensation for the termination of the
engagement without notice, but in no event shall the Actor receive less than a
total of two weeks' salary.
This rule shall not apply to any case or any set of conditions where its
enforcement would be illegal or against public policy. In the case of an arrest on
account of the nature of the play or its production, the Producer shall forthwith
furnish bail for the Actor. In the event of his failure to do so, or for any breach of
this rule, the Producer shall pay to the Actor (Equity consenting) the sum of
$1,000. After an arrest, the Actor may demand a suspension of performance
pending a determination, and such suspension shall not terminate or otherwise
affect the terms of the agreement unless Equity shall otherwise order.
44. PROGRAMS AND ANNOUNCEMENTS.
(A) Cast Listing. A free program must be offered at all performances to each
member of the audience. All Actors, including the Stage Manager, shall receive
39
program credit. Each Actor shall receive credit in the program for each character
he portrays and/or understudies as designated in his contract, unless the Actor
stipulates otherwise in writing, with a copy to Equity.
The Stage Manager,
Assistant Stage Manager, and Dance Captain shall be identified as such on the
cast page and/or title page.
All Equity members, including the Stage Managers, shall be identified as such in
the program.
Biographies shall be included for the Actors, including all Stage Managers. The
Actors shall have the right of approval of biographical material for the program
and souvenir program.
Approval must be in writing, and shall not be
unreasonably withheld.
The program shall include the biographical history of Actors' Equity Association
provided by Equity by April 1st of each year, and not to exceed 85 words (see
Rule 60, UNION EMBLEM).
(B) Errors or Omissions in Program. In the event that there are errors or
omissions in the printed cast listing in the program, the Producer agrees that
upon receipt of written notice thereof to himself or his duly authorized
representative, he will within 24 hours (including at least one business day) place
in the program a mimeographed or printed slip correcting the omission or error.
In addition, he will also correct the omission or error in the next printing of the
program, provided such notice is given at least 24 hours prior to the press
deadline (including at least one business day).
After notification and until a correction slip is inserted in the program, omissions
and errors other than spelling errors must be announced from the stage or over
the public address system before the performance.
If the production does not have a normal opening but begins while the audience
is being seated, this announcement shall be made before the second act. If
there is no act break, a sign will be posted in a conspicuous place where tickets
are collected. For each failure to correct the program as stipulated above, after
proper notice, the Producer shall pay the Actor involved a sum equal to oneeighth of minimum salary for each performance during which the omission or
error continues.
(C) Errors in Billing. If billing has been negotiated in a rider to a contract, and
such billing is not provided by the Producer, the Actor shall notify the Producer or
his duly authorized representative in writing of same and shall send a copy of
such notification to Equity. Failure of the Producer or his duly authorized
representative to correct such error within 48 hours of receipt of notification shall
constitute a breach of contract as stipulated in Rule 7. If such billing error or
omission is in a publication, such correction must be made at the earliest
possible date within the confines of such publication's deadline.
(D) The names of all Actors in the production shall be listed in front of the theatre
or in the lobby.
(E) Announcements. The Producer or his designated representative shall make
40
an announcement before the beginning of each performance to the effect that the
taking of pictures or the making of recordings of any kind during the performance
is prohibited. If the aisles are used by the Actors for entrances and/or exits, the
Producer shall also announce that the aisles must be kept clear during the
performance.
45. PROPERTY.
The Producer shall reimburse the Actor for all loss and/or damage to: (a) his
property used or to be used in connection with a production or productions
covered by his contract of employment; (b) the personal clothing worn by the
Actor to the theatre; and (c) the personal effects of the Actor, including his
baggage and eyeglasses, while any such property is wholly or partly in the
possession or control or under the supervision of the Producer or any of his
representatives, agents, or employees, or while said property is in any theatre,
building, or other place in which the production (or productions) covered by the
Actor's agreement has been, is being, or is to be given, or when any such
property or personal effects have been in any way shipped, forwarded, or stored
by the Producer or any of his representatives, agents, or employees, up to a limit
of $1,500 for the Actor's personal effects and clothing, and up to a limit of $750
for the Actor's jewelry; except that, if the Producer provides facilities for safekeeping the Actor's personal valuables, jewelry, and/or cash not used in the
production, while said articles are in any theatre, the Producer shall be liable for
loss and/or damage only if said personal valuables, jewelry, and/or cash are
given to the Producer or his agent for safe-keeping. In this regard, the Producer
agrees to provide facilities for safekeeping of said articles, and to inform all
Actors by a written notice posted on the Callboard of the necessity for using such
facilities under the provisions of this Rule.
The Producer shall be liable as hereinabove provided, whether or not the act,
fault, or negligence of the Producer, his representatives, agents, servants, or
employees caused or contributed to such loss or damage. The Producer,
however, shall not be liable for any loss or damage to the property of the Actor
while said property is under the sole and exclusive control and supervision of the
Actor.
Except as above provided, the Producer shall not be responsible for any loss
and/or damage to the personal property of the Actor, over and above the
limitations herein set forth. The Producer may meet the foregoing obligations by
maintaining adequate and sufficient insurance coverage which shall provide the
same protection as the Producer hereby assumes. Upon the direct payment of
any damage or loss to the Actor by the Producer, the Producer or the Insurer
shall be subrogated to all rights of the Actor to the extent of such payment.
46. RECORDINGS FOR USE IN PRODUCTION.
The Actor shall not be permitted to work in any company where recordings or
mechanical or electronic reproductions of voice are used to supply dialogue,
singing or chanting, unless the Producer shall have first obtained the written
41
consent and permission of Equity, and shall comply with all such terms and
conditions as Equity may prescribe.
A Principal Actor may agree in a contract rider to record, film or tape a portion of
the role which he performs on stage for use in the production. The record, film or
tape may be used only during the period in which the Actor is employed, except
where the Actor voluntarily terminates his employment and where said Actor's
voice is not identifiable. Said recording, film or tape must be made during regular
rehearsal hours.
47. REHEARSALS.
(A) General Provisions.
(1) Rehearsals shall be considered to be continuous from the date of the
first rehearsal as provided in the contract. If the Actor is required to
arrive at the theatre location at an earlier date, rehearsals shall begin on
the date of arrival except for arrival on the day before the scheduled first
rehearsal per Rule 59(A)(4).
(2) If the Producer chooses to start with a reading by the company, or a
substantial part thereof, said reading is a part of and begins the
rehearsal period for the Actors involved.
(3) No rehearsals are to be called after the evening performance.
(4) In addition to the regular rehearsal time, one hour per production will
be allowed for costume fittings. All or any part of this time shall be used
either immediately prior to the beginning of a scheduled rehearsal (after
the required rest period) or immediately after the end of rehearsal on
said day. Producer and Actor may mutually agree on a different time.
(5) After the first public performance of a production, the Actor shall
receive 24 hours’ notice of any further rehearsal of that production,
except in an emergency.
(6) Equity shall retain the right to determine terms and conditions under
which additional rehearsals may be held.
(B) Breaks and Rest Periods.
(1) There shall be a 1½-hour break after five consecutive hours of
rehearsal. This break may be reduced to 1 hour solely for the
convenience and at the request of the company by a 2/3 majority secret
vote of the Actors involved.
(2) There shall be a minimum of a 2-hour break exclusive of the half-hour
call before an evening performance. (See Rule 54, STAGE FIGHTING.)
There shall be a minimum of 1-hour break exclusive of the half-hour call
before a matinee performance. (See Rule 54,STAGE FIGHTING.)
Any violation of said breaks shall be paid at the rate of $16.00/half-hour
or part thereof.
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(3) Except during Dress Rehearsal, each individual Actor will be given a
five-minute rest period after no more than 55 minutes. If a five-minute
rest period is not given in a particular hour, a 10-minute rest period must
be given after no more than one hour and 20 minutes. During Dress
Rehearsal, the rest period between acts shall be at least 10 minutes.
For each failure to give such rest periods, the Producer shall pay each
Actor one hour of overtime.
(C) Overtime (Payment). Should the Actor (which includes Stage Managers)
rehearse more than the hours stipulated herein, the Producer shall pay overtime
at $8.00 per half hour for any half hour or part thereof for each instance of such
overtime rehearsal. Should overtime occur on a day in which the Actor is late for
rehearsal, that Actor shall not be entitled to overtime compensation for a period
of time equal to that of his lateness.
(D) Prior to Opening.
(1) No Actor (which includes Stage Managers) shall be permitted to
rehearse more than seven out of eight and one-half hours in any day,
which shall include a 1½-hour recess except that, on a Dress Rehearsal
day on which there is no performance, the rehearsal hours may be 10
out of 12 consecutive hours.
(2) The Theatre shall complete an on-set technical-dress rehearsal prior
to the first paid public performance. If an emergency prevents the
completion of such tech-dress rehearsal, the Producer shall make all
possible efforts to complete rehearsal of any aspects of the production
which might endanger the Actor.
(E) After Opening.
(1) Maximum Hours. On a single performance day maximum rehearsal
hours, including rehearsal for a subsequent production, brush-ups, and
replacement rehearsals, shall be no more than five consecutive hours or
five out of six and one-half hours, which shall include a 1½-hour recess.
(See 47(B)(1) above.) On two-performance days, rehearsals may not
exceed two hours.
(2) Rehearsal on Day of Rest. On a Daylight Day of Rest (as defined in
Rule 18), the Actors may not be called to rehearse for more than five
consecutive hours beginning no earlier than 7:00 PM.
(3) Brush-up or Replacement. After the opening of any production, the
Actor shall not be required to give further rehearsals of said production,
except for one Brush-Up or replacement rehearsal within regular
rehearsal hours.
(4) Rehearsal Period for Subsequent Production. Should a production
play for more than two consecutive weeks, Actors employed in said
production on the Resident Contract for Stock shall not be required to
rehearse for the subsequent production earlier than three weeks prior to
its opening. During the first week of a three-week rehearsal/performance
43
period, there shall be an additional Daylight Day of Rest.
Total rehearsal hours for the subsequent production in that week shall
not exceed 15.
Any rehearsal in addition to that permitted above, shall require the
consent of Equity, not to be unreasonably withheld and the payment oneseventh of rehearsal salary to each Actor for each additional day. In no
event shall the rehearsal call exceed five out of six and one-half
consecutive hours on a one-performance day.
Actors engaged on consecutive Stock Jobbing contracts at the same
theatre or for the same Producer shall not be required to so rehearse
without additional compensation, which shall be no less than contractual
salary.
48. REPORTS.
(A) W-2 Forms. W-2 forms shall be furnished to the Actor with the last salary
payment or within 31 days following the end of the calendar year, whichever is
sooner. Equity may at its discretion, at any time, require the Producer to submit
proof satisfactory to it that all Actors employed are given a withholding tax receipt
(W-2 Form) and statement of Social Security deductions for the entire season.
To enable the Actor to obtain a possible tax credit or refund from the state or
municipality which has levied an income or earnings tax, suitable information
shall be provided to the Actor at the time W-2 forms are furnished as required.
(B) Weekly Report to Equity. The Producer shall and must furnish Equity, with a
weekly report regarding his theatre, listing all Actors and all Non-Professionals
employed in each attraction. The form for this purpose will be supplied by Equity.
This weekly report is due by the Friday following the last performance of each
week of the attraction. Equity will notify the Producer of lateness. If the reports
are not filed within one week after notification, a fine of $25 for each week of
failure to file the reports is applicable, and shall be paid by the Producer to
Actors' Equity Foundation. Failure to file such reports, moreover, shall constitute
a breach of this Agreement entitling Equity, among other things and without any
limitation, to refuse to release the balance of the security deposited with Equity
until the above requirements are met.
If, within six weeks of receipt of such reports, Equity fails to notify the Producer of
a possible violation based upon that report or fails to request further information,
Equity shall not thereafter take any action or make any claim based upon it.
(C) Annual Report of Weekly Gross. In advance of the season, the Producer
shall submit to Equity the Theatre’s certified weekly box office receipts. Should
the Producer fail to provide this information, Equity may re-classify the Theatre to
the highest category and all rules applicable to that highest category shall apply.
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49. SAFE AND SANITARY PLACES OF EMPLOYMENT.
The Producer agrees to provide the Actor with safe and sanitary places of
employment. All theatres will be expected to comply with the applicable Federal,
state and City laws and codes regarding accessibility for persons with disabilities.
(A) Dressing Rooms. Separate dressing rooms for male and female Actors will
be provided. Juvenile Actors shall be provided with dressing room space
separate from adult Chorus or adult Principal Actors. (See Rule 32.)
Dressing rooms (except quick-change booths) shall be of a permanent type and
shall not be under canvas.
There shall be no less than the equivalent of 150 watts of usable light proximate
to each dressing table space. The use of fluorescent lighting is not acceptable
for make-up purposes, i.e., around make-up mirrors.
All exterior dressing room windows and doors shall be screened for purposes of
pest control wherever fire regulations permit.
All dressing rooms shall be equipped with air-conditioning systems, air-cooling
systems, or some similar type of mechanical device maintained in good working
condition, to insure proper ventilation and the circulation of fresh, cool air.
Whenever the theatre auditorium is air-conditioned, the dressing rooms shall also
be air-conditioned. Should the Producer fail to take steps to provide adequate
mechanical devices within 24 hours of notification from Equity, the Actor, with
Equity's consent, shall not be required to remain at the theatre.
The Producer shall not allow the temperature in the dressing rooms to fall below
65 degrees Fahrenheit or rise above 85 degrees Fahrenheit. If the Producer fails
to take steps to maintain proper temperature within 24 hours of notification from
Equity, the Actor, with Equity's consent, shall not be required to remain at the
theatre.
Alleys and roads leading to stage doors of theatres shall be accessible, properly
lighted, and free from obstructions and hazardous conditions. Runways between
dressing rooms and the theatre shall be covered and paved.
Dressing room entrances and windows shall be properly masked from the view of
the audience to insure Actor's privacy.
Tile, concrete and linoleum floors shall be washed at least once each week.
Carpeted floors shall be vacuumed or swept at least once a week and thoroughly
cleaned prior to the first production of the season.
Any booth or area, separate from the stage area, from which the Stage Manager
must call cues, must be equipped for air circulation, heating safety, safe access
and proper lighting.
(B) Lavatory and Toilet Facilities. Separate sanitary facilities will be provided for
male and female Actors. Toilets and lavatories will be clean and sanitary, and
will be separate facilities from those provided for the audience. Said lavatories
45
shall be in separate rooms with soap, paper towels, and toilet paper readily
available.
Sinks with hot and cold running water shall be available or reasonably convenient
to the dressing rooms. "Reasonably convenient to" shall mean within the same
building and in the dressing room area.
In all theatres where the Actor is required to use body make-up, there shall be
showers with hot and cold running water.
Any walkway between the dressing rooms and toilet facilities shall be masked
from view of the audience.
(C) Rehearsal Space. In all open-air and tent theatres, the Producer shall make
available adequate covered rehearsal space which shall be safe, comfortable
and healthful at all times. All enclosed rehearsal space shall have proper
ventilation with provision for the circulation of fresh air. The temperature in all
enclosed rehearsal spaces shall be maintained at no less than 65 degrees
Fahrenheit and no more than 85 degrees Fahrenheit. The Actor, with Equity's
consent, shall not be required to rehearse in a space not in compliance with the
specified limits.
(D) Stage Manager’s Booth. Stage Manager’s booths shall be maintained in a
safe and sanitary condition. Stage Manager’s booth must be adequately heated
and ventilated.
(E) Aisles Ramped. In all arena theatres, there shall be no riser between the
runway and the stage. A ramp or other leveling device must be provided.
(F) Guide Lights. All ramps, stairways, entrances and exits, crossover areas, and
off-stage passageways which may be affected by blackouts, shall be illuminated
with guide lights. In arena theatres, there shall be two guide lights on the edge of
the stage and one on each side of every ramp leading to the stage. In addition,
there shall be a guide light on each side of the aisle adjacent to the first rows of
seats of every aisle, and there shall be guide lights on each side of every aisle at
eight-foot intervals. There shall be a warning light at eye-level on both sides of
every pole or other obstruction in an aisle which Equity shall deem to be
potentially injurious or unsafe. There shall be side rails on any ramp adjacent to
any pit and level guide lights on stage along the edge of any pit.
Aisles shall be maintained in a firm and even condition and, if not constructed of
a hard surface such as concrete, asphalt, or macadam, must be securely
covered.
(G) Raked Stage.
(1) Whenever the use of a raked stage is contemplated in a production, it
shall be the obligation of the Producer to promptly notify Equity and to
provide such information as Equity may reasonably request.
(2) One-half of an inch per foot is the maximum permitted rake of the
stage unless otherwise negotiated with Equity.
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(3) In consideration of safety concerns, if a production is to be performed
on a raked stage, the Producer will make best efforts to conduct as much
rehearsal as possible on the raked deck.
(4) When a raked stage is used, instructions will be given to the cast,
prior to opening, as to how to perform on the rake in order to avoid the
risk of injury.
(H) Dancing Surfaces.
(1) Actors shall not be required to audition, rehearse dances or dance on
concrete or marble floors or on any other surfaces which Equity shall
deem to be injurious or unsafe, or on wood or on any other substance
laid directly over such similar surfaces which do not provide air space of
at least one and five-eighths inches between the concrete or marble or
similar supporting surface and the dancing surface.
(2) Where platforming is used, it must be securely fastened and the
surface completely covered by a deck of material such as wood or
masonite.
(3) The edges of all decks must be clearly visible and, if not, guardrails
must be fastened in order to preclude the possibility of injury.
(4) When orchestra pits are not in use and footlights or other proper
demarcations are not used to outline the stage, then such pits shall be
covered by a non-flexible material along the area adjacent to the stage.
(I) Smoke, Haze and Pyrotechnics.
Permitted Substances. Agreeing that the Actors’ health and safety is paramount,
the Theatre agrees to use only dry ice, CO2, liquid nitrogen, vaporized water, or
substances listed in, and in accordance with the specified limits set forth in a
study commissioned by the Trustees of the Equity-League Pension and Health
Funds, entitled HEALTH EFFECTS EVALUATION OF THEATRICAL SMOKE,
HAZE, AND PYROTECHNICS.
Notice Requirements. At least two weeks prior to the beginning of each season,
the Theatre must send written notification to Equity identifying each production in
the season and its plans to use smoke, haze and/or pyrotechnic effects. Any
specific plans, if known, including the name of the manufacturer, name of the
machine, name of the fluid, attachments (e.g. chiller, etc.), machine setting, and
number of machines.
Thereafter, the Theatre must send written notification to Equity of any changes
and/or additions to the specific production’s notification not later than 24 hours
prior to the first use. Theatres must post the production’s smoke, haze and/or
pyrotechnic notices to the actors' callboard.
(J) Firearms. Whenever firearms are used in a production, there shall be a
safety demonstration for the entire company, prior to the first use of firearms in
rehearsal, and such demonstrations shall be conducted by a qualified individual.
Thereafter, safety demonstrations and/or instructions will be required for all
47
affected replacement Actors as well as Swings and Understudies, before their
first paid public performance. Any and all modifications to firearms shall be done
by a licensed gunsmith. Demonstration time shall be counted as rehearsal time.
It shall be the responsibility of the Producer to insure that any use of firearms in
the production is in compliance with all applicable state and/or local laws
regulating the use of firearms in theatrical productions. (For example, current
California State law requires that individuals using firearms as props have
permits for such use).
Any costs associated with the use of firearms shall be borne by the Producer.
The Producer shall provide a cot during all rehearsals and
(K) Cots.
performances, accessible to any performer at all times. This cot shall not be in a
dressing room but shall be easily available to the entire company. The Producer
may, in lieu of the above, provide a cot in each dressing room.
(L) First Aid Kits. First Aid kits, stocked with adequate supplies, shall be
available and easily accessible at all times wherever the Actor is required to
rehearse, dress or perform.
(M)Intercom System. An intercom system between the stage area and the
dressing rooms shall be installed in all theatres in which Equity deems that the
dialogue from the stage is not clearly audible in the dressing rooms.
(N) Drinking Water. Ample, pure, cool drinking water shall be provided wherever
the Actor is required to rehearse or perform.
(O) Medical Services. An up-to-date list of medical services, including doctors,
dentists, hospitals, etc., must be posted on the Call Board at all times.
(P) Fire Exits. The Producer must post a diagram of the locations of all fire exits
and fire-fighting equipment and a list of proper procedures in case of fire.
(Q) Smoking Area. In theatres and rehearsal halls where smoking is permitted,
an area shall be designated by the Producer as a smoking area, and smoking
shall not be permitted outside said area. There shall be no smoking in dressing
rooms except by unanimous consent of the Actors therein.
(R) No persons or animals, except those connected with the production, will be
permitted in the dressing room area or backstage.
(S) Inspection and Compliance.
The Producer agrees that Equity's
representative shall have the right to inspect the Producer's theatre to determine
whether or not the Theatre is in compliance with the Safe and Sanitary
requirements set forth in the foregoing rules. Any deficiencies shall be reported
in writing to Equity, and the Representative shall furnish the Producer with a copy
of such report. Upon receipt of such report, Equity may instruct the Producer, in
writing, to correct the deficiencies noted or to give Equity satisfactory assurance
that such deficiencies will be promptly corrected. Equity may certify the theatre
as unauthorized for rehearsal, for performances, or both, as Equity may
determine. Upon such certification and until correction of the deficiencies or the
giving of assurances satisfactory to Equity that they will be corrected within a
48
reasonable time, Equity may require its members to refrain from rehearsing
and/or performing in the Producer's theatre.
50. SALARIES.
(A) Minimum Salaries.
Tier X
Effective Date
2/25/08
2/23/09
3/1/10
2/28/11
2/27/12
Actor
$800
$812
$824
$836
$849
ASM
$824
$836
$865
$878
$891
$1,022
$1,037
$1,053
$1,069
$1,085
SM
Tier Y
Effective Date
2/25/08
2/23/09
3/1/10
2/28/11
2/27/12
Actor
$736
$747
$758
$769
$781
ASM
$758
$769
$796
$808
$820
SM
$923
$936
$951
$965
$979
Tier Z
Effective Date
2/25/08
2/23/09
3/1/10
2/28/11
2/27/12
Actor
$672
$682
$692
$703
$713
ASM
$692
$702
$727
$738
$749
SM
$824
$837
$849
$862
$875
Tier zz
Effective Date
2/25/08
2/23/09
3/1/10
2/28/11
2/27/12
Actor
$529
$529
$537
$537
$545
ASM
$545
$545
$564
$564
$572
SM
$650
$650
$659
$659
$669
In no instances shall the Stage Manager's minimum salary in any one
category exceed the Actor's minimum salary by more than 30%.
(B) Extraordinary Risk Payments. When the Actor is called upon to perform
"extraordinary risk" he shall receive no less than $10.00 per week above his
contractual salary during rehearsal and performance.
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"Extraordinary Risk" is defined as performing acrobatic feats, suspension from
trapezes or wires or like contrivances, the use of or exposure to weapons, fire or
pyrotechnic devices, throws and catches, and the taking of dangerous leaps or
falls.
An Actor also shall be deemed to be engaging in Extraordinary Risk if the staging
or choreography requires the Actor to execute movements which depart from the
accepted techniques of movement and support as used in contemporary theatre
dance; i.e., classical ballet, modern, modern jazz, ethnic, tap and soft shoe. No
Actor shall be required to perform any feat or act which places him in imminent
danger or is inherently dangerous, nor shall any Actor be required to perform in a
costume or upon a set which is inherently dangerous. Equity shall have the sole
right to determine what constitutes an inherently dangerous condition and may,
at its discretion, order that such condition be removed from the production.
Before Equity makes a decision to remove the condition, a representative of
Equity (other than a member of the company) shall personally examine the
condition and consult with the Producer for the purpose of advising Equity as to
such removal. Equity's decision shall in no way reduce the Actor's right to proper
insurance coverage under the provisions of this Agreement.
(C) Full Salary During Rehearsal. All Actors, Stage Managers and Assistant
Stage Managers shall be paid full contractual salary during rehearsals,
commencing with the date the Actor, Stage Manager or Assistant Stage Manager
is called upon to report. Under no circumstances shall an Actor sign a contract
for fewer than two weeks of employment.
(D) Cost of Living Increase. (This Paragraph (D) is not applicable for this contract
period February 25, 2008 through February 24, 2013.) If the cost of living based
on the (revised) Consumers Price Index (U.S. Bureau of Labor Statistics) for
November is higher than the cost of living based upon the (revised) Consumers
Price Index for the previous November, a corresponding percentage adjustment
increase in rehearsal pay and salaries shall be made (at Equity's option), which
increase shall be added to all rehearsal pay and minimum salaries, effective on
the anniversary date of this Agreement.
(E) Pre-Production and Post Production Salary. When a Stage Manager or
Assistant Stage Manager is called to perform services in productions either prior
to the week before rehearsals begin or after the last production has closed, he
shall be paid no less than one-sixth of contractual salary for each day of
performing said services, including Principal and/or Chorus Auditions.
(F) Additional Duties. The Actor shall not be required to do any additional work
without mutual agreement (a contract rider) and an additional negotiated
compensation therefore which shall be not less than $15.00 per week. Additional
work is defined as work not specified in the Actor's contractual agreement at the
time of signing (playing additional parts, understudying, Assistant Stage
Managerial functions, etc.), not specified in his contract at the time of signing.
(G) Rehearsal Pay.
Compensation for rehearsals shall be computed
consecutively from the day the Actor is required to report for rehearsal up to the
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first performance day.
(1) Resident Contract for Stock. The Producer agrees to pay the Actor at
the rate of rehearsal pay per week as stated in (D) above, except when
the Actor is called upon to rehearse four days or less, in such event the
compensation may be prorated, and the Actor paid one-seventh for each
day of rehearsal or part thereof. If the Actor is called upon to rehearse
more than four days, but fails to do so through no fault of the Producer,
then said Actor's compensation may also be prorated as above.
(2) Stock Jobbing Contract. Where the requirement for a minimum of
two weeks of employment has been satisfied (see (C) above), any
additional rehearsals may be prorated and the Actor shall be paid oneseventh for each day of such rehearsal or part thereof.
(H) Actual Salary. The actual salary of the Actor agreed upon shall be stated in
the contract, and a lesser or fictitious salary shall not be so stated. The Producer
and the Actor will make no agreement which includes in or deducts from the
contractual salary the necessary rehearsal pay or any other sums that are due or
may become due the Actor.
No contract or rider thereto shall specify two salaries for any week. In the
event two salaries are specified, the higher salary shall prevail, and any and
all additional payments that are due or may become due, in accordance with
Equity Rules, shall be based on the higher salary.
(I) Contingent Compensation. No employment contract shall be entered into by
the Producer or Actor in which the compensation is wholly contingent upon
receipts without the written consent of Equity, which consent will not be
unreasonably withheld. In no case shall compensation be contingent upon
profits.
(J) Salary Payment and Checks. Salaries shall be paid no later than the evening
prior to the last banking day of the week. The Producer may pay salaries by
check only if facilities are made locally available for cashing said checks at no
expense to the Actor, or direct deposit at no expense to the Actor. In any event,
no check or draft, either of the Producer or a third party, given to or received by
the Actor in payment of any sum under his agreement of employment, shall
operate to minimize or affect his claim for salary or other compensation under his
agreement.
(K) Record of Salary Deductions. Whether salary payments are by check or by
cash, the Actor must be issued a stub or other record of gross salary, an
itemization of extraordinary payments, (e.g. overtime, clothing rental, etc.),
itemized deductions, and net salary for his records. In addition, should the
Producer directly deduct monies from salary for room rent, a receipt will be
provided to the Actor.
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51. SECURITY AND SECURITY AGREEMENT.
The Producer shall be ineligible to engage Actors to perform under this
Agreement unless and until such Producer shall have furnished security in such
amount and in such manner and form as may be satisfactory to Equity to insure
the payment of the claims of Actors against such Producer.
No Actor shall work or be required to work or continue in the employment of any
person or Producer or any company if and when Equity shall be dissatisfied with
the quality or amount of any security which may be offered or given or requested
by Equity to secure the payment of any claim, present or future, of any Actor.
The provisions of any and all agreements relating to security deposited or agreed
to be deposited with Equity covering any employment under this Agreement and
any contracts of employment are hereby adopted and made part of this
Agreement, and said contracts. This includes agreements on forms now called
"Bond", "Security Agreement" and "Producer's Statement".
52. SET MOVES
(A) An Actor in character may, consistent with that character, set or move
scenery or props.
(B) An Actor out of character may set or move scenery or props only in scenes in
which the Actor enters or exits.
(C) Definition of Work Not Permitted Except With The Permission of and Under
Terms Satisfactory to Equity.
(1) Set or prop moves which are inherently dangerous due to location on
stage, weights of the set piece or prop, construction, pyrotechnic or
electrical effects, proximity to machinery or simultaneous movement of
other scenery or effects shall not be undertaken by the Actor without the
express consent of Equity.
(2) Set or prop moves or other assignments not customarily undertaken
by the Actor which interfere with the normal work of the Actor or for
which the Actor may be engaged to the exclusion of work normally
assigned to an Actor shall not be undertaken without the express
consent of Equity under the terms satisfactory to it.
53. SOCIAL SECURITY AND UNEMPLOYMENT INSURANCE.
It is understood and agreed that the Actor is entitled to the benefit of all Federal
and state laws constituting what is commonly known and designated as Social
Security Acts and Unemployment Insurance, and that the Producer during the
term of this Agreement, and all contracts of employment, shall pay any and all
taxes or payments required to be paid by employers under the provision of said
law. The Producer agrees to provide Social Security benefits under the elective
provisions of the Social Security law if he is not required to provide benefits
under the law. In the event the services of the Actor are not subject to the
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compulsory provisions of an Unemployment Compensation (Insurance) Law of
any state, then the Producer hereby agrees that he will elect to cover the Actor
and pay contribution on the earnings of the Actor under the elective provisions of
the Unemployment Insurance law of the state of New York, and/or such other
eligible state as Equity may determine to be in the best interests of the majority of
the Actors employed by the Producer.
In the event, however, the Producer is not eligible to elect to come under the
New York state Unemployment Insurance law, and if Equity has not designated
another eligible state, then the Producer agrees to elect to come under the
Unemployment Compensation (Insurance) law of the state where he has his
principal place of business, or of the state of the Actor's residence, or of the state
where the contract of employment was entered. The Producer agrees to elect
coverage and to pay contributions within the time required by applicable state
law. When such election is made to New York State, the Producer agrees to
report the Actor by name, Social Security number and by the New York address
to the appropriate agency during the first week of the Actor's employment and, in
no event, later than the quarter in which the work is performed.
The Producer agrees to execute and file the necessary forms required by the
state Unemployment Compensation (Insurance) law under which he has elected
to cover the Actor and shall notify the Actor of his election.
Simultaneously with the posting of security, the Producer shall submit proof,
satisfactory to Equity, that he has applied for Unemployment Insurance
coverage, and deliver a true copy of his application to Equity. The Producer
warrants and represents that he will not withdraw such application, nor modify or
change it without the written consent of Equity.
In the event any Producer fails to apply for Unemployment Insurance coverage or
withdraws or modifies any application for such coverage without the written
consent of Equity, or fails to elect coverage within the time required by applicable
state law, or fails to pay the required insurance contributions to the appropriate
state agencies within the time required, the Producer must pay to the Actor the
equivalent of any Unemployment Insurance benefits the Actor may lose as a
result thereby. This obligation shall survive the termination of the Actor's contract
of employment.
Equity may require the Producer to furnish satisfactory evidence that he has
obtained and maintained maximum Unemployment Insurance coverage for
Actors employed by him in accordance with this rule. If Equity is not so satisfied,
it may retain the Producer's Security (bond) as a fund against claims.
54. STAGE FIGHTING.
In consideration of the inherent hazards of participation in staged fights, the
following regulations shall be followed whenever a production requires an Actor
to enact a fight either with or without weapons.
The inclusion of music shall not affect the determination of what constitutes a
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staged fight, and Equity shall have the right of such final determination.
The Actor shall participate in stage fighting only upon his consent in a contract
rider.
Whenever fight action is deemed to be Extraordinary Risk or when five or more
combatants are involved in a fight action and when the Fight Director is not
available at the theatre to observe all performances, a qualified Fight Captain
shall be assigned. Should the person assigned be signed to an Equity contract,
the function shall require an additional payment of no less than 2% of the current
Tier X minimum salary per week to the Actor so assigned.
The Fight Captain shall have the authority to make changes in production
elements of the fight or the actual routine of the fight action when such may be
required for the safety of the performers. No changes may be made in a fight
routine without the agreement of the Fight Director or Fight Captain.
All Actors who participate in a fight shall run through the routine before each
performance, either at the beginning of the half-hour or, at the option of the
Actors involved, during the 15 minutes just prior to the half-hour call.
Any change in the time of this rehearsal shall be at the express discretion of the
Fight Director or Fight Captain. Performing Actors shall rehearse fights with
Understudies. Time shall be allotted for this purpose during the specified
rehearsal hours of the production.
55. STAGE MANAGERS.
In every company in which an Actor is employed, all Stage Managers and
Assistant Stage Managers (ASM’s) shall be signed to the appropriate Equity
contract.
All rehearsals and performances shall be covered by a freestanding Stage
Manager (or Assistant Stage Manager) signed to an Equity contract. All
performances must be called by a Stage Manager (or Assistant Stage Manager)
on an Equity contract who is unencumbered by any other performance duties.
In addition to the Stage Manager, a freestanding Assistant Stage Manager shall
be required whenever a theatre has:
• A musical production with a chorus in rehearsal or performance;
• One show in rehearsal at the same time another show is in performance;
• A dramatic or musical production with a cast of 15 or more;
• A dramatic or musical production that is technically complex.
In Y, Z and zz Theatres, when there is a Stage Manager contracted for each
production who has no duties in any other concurrent production, no Assistant
Stage Manager shall be required.
In instances where the requirements of a performance necessitate both the
Stage Manager and the Assistant Stage Managers to be in performance, an
Actor/ASM may run a simultaneous rehearsal.
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An Assistant Stage Manager is the individual who is assigned to assist the Stage
Manager(s) on a specific production or productions. An Assistant Stage
Manager may not be assigned the primary responsibility for a production, but
must be available to the Stage Manager during all rehearsals and performances.
(A) Performance by Stage Managers. The Stage Manager shall not act except in
an emergency and shall not understudy. A non-required Assistant Stage
Manager may be permitted to act whenever and wherever his performance
duties do not reduce his ability to effectively perform his Stage Managerial
functions. If also performing, the Assistant Stage Manager shall receive no less
than $15.00 per week in addition to his weekly contractual salary.
(B) Attendance at Performances and Rehearsals. The Stage Manager(s) shall
be in attendance in the theatre during all performances. There shall be a Stage
Manager or Assistant Stage Manager present at all rehearsals.
In the event that for any performance the Stage Manager is not on the premises
and no replacement Stage Manager is hired, the Assistant Stage Manager
fulfilling all of the duties of the Stage Manager shall receive not less than the
minimum salary for Stage Manager for that production for such performance.
(C) Pre-Production and Post-Production. No Stage Manager or Assistant Stage
Manager shall do work of any nature whatsoever for a Producer without a signed
contract (after security has been properly posted with Equity) and he has
received instructions from the Producer as to the work.
In X and Y Theatres, the Stage Manager shall have no less than three days of
pre-production, to be paid at no less than one-seventh of weekly contractual
salary per day.
In Z and zz Theatres, the Stage Manager shall have no less than two days of
pre-production, to be paid at no less than one-seventh of weekly contractual
salary per day.
The Stage Manager may not be required to travel to the theatre on a required
day of pre-production.
Should a Stage Manager and/or Assistant Stage Manager, during the time that
he is under contract for a CORST production, perform services related to the
transfer of that play to another theatre, Stage Manager shall be compensated not
less than 1/7th of weekly contractual salary for each day worked, unless the
Stage Manager or Assistant Stage Manager is moving with that production.
If the Producer requires the Stage Manager or Assistant Stage Manager to
prepare a script for publication or for use in any other version of the production,
the Stage Manager or Assistant shall be paid no less than one weeks’
contractual salary for each version.
When a Stage Manager or Assistant Stage Manager is requested to perform
services prior to the pre-production work stated above, or after the season has
closed, he shall be paid no less than one-sixth of his contractual salary for each
day of performing said services, including services at Principal and Chorus
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Auditions.
(D) Time Off. The Producer shall arrange that the Stage Manager and Assistant
Stage Manager shall receive time off equivalent to the Day of Rest required for
Actors, or must pay said Stage Manager or Assistant Stage Manager one-fourth
of contractual salary in lieu thereof. If any members of the Stage Managerial
Staff are in attendance at rehearsals or performances for hours which would
have given an Actor overtime had the Actor rehearsed or performed those same
hours, said members of the Stage Managerial staff shall receive the overtime
compensation that would have been due the Actor. The Stage Managers are
permitted to be at all production calls and production meetings, but this shall in
no event constitute overtime unless they are required to attend on their meal
breaks or Day of Rest. The rest period between the end of work on one day and
the beginning of work on the next shall be no less than 11 hours except that,
during the 48 hours prior to a first public performance, the rest period shall be no
less than 10 hours.
Each Stage Manager and Assistant Stage Manager shall have a meal break of
no less than one hour, at a reasonable time, during each workday. If the duties
of the Stage Manager or Assistant Stage Manager require him to work during the
meal break, the Theater shall provide said Stage Manager or Assistant Stage
Manager with a meal as described in Rule 40(D), PERFORMANCES. In
addition, the Stage Manager or Assistant Stage Manager shall be paid no less
than one hour of overtime.
(E) Duties and Obligations of a Stage Manager. It is agreed that the Stage
Manager's function is a full time one. A Stage Manager under Actor's Equity
contract is, or shall be, obligated to perform at least the following duties for the
production to which he is engaged, and by performing them is hereby defined as
the Stage Manager.
The Stage Manager shall:
(1) Be responsible for the calling of all rehearsals, whether before or after
opening;
(2) Assemble and maintain the Prompt Book, which is defined as the
accurate playing text and stage business, together with such cue sheets,
plots, daily records, etc., as are necessary for the actual technical and
artistic operation of the production (it is understood that the annotated
Production script is the sole property of the Producer);
(3) Work with the Director and the heads of all other departments during
rehearsal and after opening;
(4) Schedule rehearsal and outside calls in accordance with Equity's
regulations;
(5) Assume active responsibility for the form and discipline of rehearsal
and performance, and be the executive instrument in the technical
running of each performance.
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(6) Maintain the artistic intentions of the Director and the Producer after
opening, to the best of his ability. This duty includes calling of the
correctional rehearsals of the company when necessary, and the
preparation of the Understudies, Replacements, Extras and Supers,
when and if the Director and/or Producer declines this prerogative.
(7) Keep such records as are necessary to advise the Producer on
matters of attendance, time, and other matters relating to the rights of
Equity members.
(8) Maintain discipline. (See Rule 24, DUTIES OF ACTOR.)
disciplinary action may be appealed by the Actor to Equity.
Any
(F) Activities Prohibited. Stage Managers (and Assistant Stage Managers) must
not be required to function in areas which impinge upon their primary duties as a
Stage Manager. For example:
(1) Stage Managers’ and Assistant Stage Managers’ duties do not
include loading or shifting of scenery, designing, building, operating, or
shopping for lights, video, sound, scenery, props, wardrobe or animals,
and the Stage Manager and Assistant Stage Manager may not be
requested to do so.
(2) The Stage Manager and Assistant Stage Manager are prohibited
from doing janitorial, custodial or building maintenance work as part of
their Stage Managerial duties.
(3) The Stage Manager and Assistant Stage Manager shall not be
responsible for arrangements for living accommodations and are
prohibited from participating in the ordering of food for the company.
(4) The Stage Manager and Assistant Stage Manager are prohibited
from handling contracts, having riders signed, or initialed, operating the
Box Office, or any function which normally comes under the duties of a
General Manager or Company Manager.
(5) The Stage Manager and Assistant Stage Manager are prohibited
from signing the closing notice of the company or the individual notice of
an Actor on termination of contract.
The foregoing are examples only, and are in no way meant to be limiting.
(G) It shall not be a condition of employment that the Stage Manager and/or
Assistant Stage Manager own a motor vehicle or be a licensed driver or transport
members of the company.
(H) Equity shall have the power from time to time to re-define the meaning of the
word "Stage Manager," and may alter, change or modify the meaning of Stage
Manager as hereinabove defined.
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56. SUBSIDIARY RIGHTS.
Should an Equity Code production or any production in which the Actor has
executed a subsidiary rights agreement be subsequently produced under this
contract within three years of its being done under said Equity Code production,
all Actors who appeared in said production shall receive a bona fide offer to
perform in the same roles or function for which they were engaged in the Equity
Code production, or three weeks’ minimum salary called for under this
Agreement in lieu thereof. The foregoing clause is not applicable where the
subsequent production under this Agreement is not the first commercial
presentation of the play within three years.
Should a Producer or any management group or enterprise, corporate or
otherwise, which the Producer controls, or in which he has more than a 10%
financial interest, present a production and subsequently bring the play to
Broadway or take the play on tour under the Production Contract or televise or
film the play within three years of the production in his theatre, all Actors
engaged in such production must receive a bona fide offer to perform the same
roles or functions for which they were engaged for the original production. If
such bona fide offer is not made, the Actor, Stage Manager and/or Understudy
shall receive four weeks minimum Production Contract salary or the applicable
AFTRA or SAG minimum, whichever is higher.
57. TELEVISING, RECORDING AND MOTION PICTURE.
(A) There shall be no televising, broadcasting, visual and/or sound recording,
motion picture filming, or video taping, in whole or in part, of any production in
which Actors are employed under the terms of this Agreement without the
express permission of Equity and under terms and conditions established by it.
This prohibition shall be in effect from the beginning of employment until 16
weeks after the production has closed. If Equity consents to any motion picture
filming, televising, broadcasting, visual and/or sound recording, or video taping,
each member of the cast including Stage Managers, shall receive no less than
one week's contractual salary in addition to any other fee, payments, terms and
conditions negotiated by Equity and the Actor, except that cast albums may be
made under the provisions of the original cast album rider. The Producer agrees
that any Actor who sings or verbalizes in the production in any number, plus the
Stage Manager, shall be employed for the recording of said album and shall
receive no less than one week's contractual salary for each day or part thereof.
(B) TV Newscast, Three-Minute Excerpt. A film or video tape may be taken of
the production to be used exclusively for a TV newscast review of the production
or a featured story on the production contained within the TV news program or
news magazine format and only under the following conditions:
(1) During a Rehearsal:
(a) Filming or taping and interview session shall not exceed one-half
hour of the rehearsal;
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(b) The Stage Manager shall file a report with Equity giving the time
utilized for the filming or taping and interview session. Said report
shall be initialed by the Deputy;
(c) Upon contemplation of filming or taping during a rehearsal, the
Producer shall make every reasonable effort to give the cast 24
hours' notice; To schedule only three filming or taping sessions, and
to have all stations do their filming or taping within those three times;
(d) If the time of the filming or taping is changed, the Producer shall
notify the cast of such change and of the re-scheduled time.
(2) At a Performance:
(a) Only one-half hour of film or tape may be shot;
(b) If possible, the cast shall be given 24 hours notice;
(c) When filming or taping is to be done, the cast must be given
notice at half-hour call;
(d) There shall be no filming or taping where there is any interference
with the Actors (e.g., the requirement for additional lighting or the
movement of equipment).
(3) No more than three minutes of any filmed or taped portion of the
performance or rehearsal shall be shown on the TV news broadcast.
Such three minute film or tape must not contain an entire, self-contained
number or scene;
(4) No payment shall be required provided that no payments are made to
any other personnel employed in the production;
(5) A Stage Manager under Equity contract is required to be present at
every filming or taping under this paragraph (B);
(6) For any violation of this paragraph (B), other than violations of
unauthorized subsequent uses of the film or tape, the Producer shall pay
one week's contractual salary to each Actor whose rights have been
breached hereunder. Such payments shall not preclude any right in law
or equity, civil, or criminal, that arises under a breach of this paragraph
(B), which the Actor has against the Producer or any third party.
(C) The provisions in (B) above will also apply to a radio broadcast.
(D) TV or Radio Spot Commercials. Equity will permit the Actor to make a TV or
radio Spot Commercial of one minute or less in duration promoting the theatre or
production, if no less than the applicable SAG or AFTRA minimum is paid to the
Actors. If a TV commercial is made from still photographs of persons in the cast,
each Actor contained within the photograph, whether recognizable or not, shall
receive no less than the applicable SAG or AFTRA minimum.
When a Stage Manager and/or Dance Captain is required to do any work in
connection with a TV or Radio Commercial, the Producer shall pay no less than
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the applicable SAG or AFTRA minimum of a Principal (on Camera) to said Stage
Managers and/or Dance Captain.
(E) Reproduction for Non-Broadcast Public Relations, Fund-Raising, Marketing,
or Civic Promotion. Actors performing or rehearsing in a production under the
terms of this Agreement may participate, without additional compensation, in the
Reproduction of material for use by the Theatre in public relations, fund-raising,
marketing, or civic promotion programs under the following terms and conditions:
(1) The Actor must be fully advised as to the nature and purpose of such
Reproduction. The Stage Manager and/or Deputy shall conduct a vote
of the Equity company. A three-quarters majority vote by secret ballot
shall be required to permit the Reproduction. The Non-Broadcast Public
Relations,
Fund-Raising,
Marketing
or
Civic
Promotion
Acknowledgement Form must be signed by all members of the Equity
company as notice that the Actor has been advised of the scheduled
Reproduction and its purpose prior to taping.
(2) All Reproduction must occur during regularly scheduled and allowed
rehearsal or performance hours.
(3) An Equity Stage Manager must be present at all Reproduction
sessions.
(4) All Actors involved must be given notice at least 24 hours prior to
each performance or rehearsal that is to be reproduced.
(5) The Theatre shall receive no compensation for the exhibition of any
material reproduced under the terms of this provision.
(6) The Theatre will provide Equity with full particulars of the
Reproduction including times and places of exhibition and the names of
all companies or organizations involved in the Reproduction or editing of
the material, as well as details of the proposed use.
(7) The Theatre will provide Equity with the opportunity to view the
completed Reproduction.
(8) The Theatre will maintain control and ownership of all material
reproduced and will ensure that it is used for no commercial purposes
whatsoever.
(9) Material reproduced under the terms of this provision may constitute
up to 25% of the completed Reproduction, if for public relations or fundraising, but in no case more than a total of ten minutes. Such edited
footage may not depict an entire scene or musical number. If the
Reproduction is to be used for civic promotion programs or for showing
at point of purchase locations (e.g., video monitors near a box office), the
Reproduction must be no more than three minutes in length.
(10) The provisions of this section are not intended to allow
Reproduction for the creation of television commercials and may not be
used in such commercials.
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(11) The Theatre may maintain and use Reproduction made under this
Rule for a period not to exceed three years, after which the Reproduction
shall be transmitted to Equity to be destroyed.
(F) Web Sites. Up to a total of 15 minutes of rehearsal and/or performance
footage (such footage may not depict an entire scene or musical number or more
than three minutes of any production) may be used, without additional
compensation, except as expressly provided in this Rule as follows:
(1) On web sites of the Theatre; not-for-profit arts and tourism-related
agencies of the city, county, state and intra- and inter-state region in
which the Theatre is located; local Rotary, Chamber of Commerce and
local not-for-profit “booster” organizations; and the Theatre
Communications Group, American Arts Alliance, and other not-for-profit
Arts service and Arts promotion organizations; provided the Actor shall
be fully advised as to all potential users and must give his consent in
writing;
(2) On web sites of sponsors and/or supporters of the Theatre, provided:
(a) The Actor’s likeness is used solely to acknowledge the
sponsorship or support and is not in any way used directly or
indirectly to endorse the sponsor or a specific product of the sponsor;
(b) The footage is on a separate page from any product promotion or
advertisement;
(c) The Theatre shall receive separate permission from the Actor,
specific to the sponsor/supporter web site, which permission shall
not be a condition of employment. The Actor shall be fully advised
as to the names of sponsors and supporters and the specific web
site usage. Permission shall be limited to the specific sponsors
named and footage shall not be given later to a different sponsor.
Permission shall be granted in each case for no more than two years
from the time such permission is granted. The Actor may negotiate a
lesser time period.
(d) The Theatre shall indemnify the Actor against any breach of an
Actor exclusivity clause when such a breach is the result of the use
not authorized by this Rule.
(3) For all web site usage, neither merchandise promotion nor ticket sale
information shall be present on the same “page” as the Reproduction,
but may be presented on a separate “page.” However, the “page:
containing the Reproduction may indicate how to get to the “page: which
does have information about merchandise or tickets. It is understood
that there may be no promotion of any other product(s) on the “page:
where the Reproduction will be seen without Equity’s prior written
consent. If voice-over or other live actor work performance is required, in
addition to the permitted performance footage, the applicable
AFTRA/SAG Agreements shall apply to such voice-over or other work.
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Use of footage for any purpose other than specified above is strictly
prohibited. For any violation under this Rule, the Actor shall be paid no
less than two weeks’ contractual salary in addition to any AFTRA or SAG
amounts which may be due.
(G) Archival Taping. The Barnstormers, Flat Rock Playhouse, Maine State Music
Theatre, Mountain Playhouse, Peninsula Players, Peterborough Players, St.
Michael’s Playhouse, Totem Pole Playhouse and Williamstown Theatre Festival
shall be permitted to make a reproduction in whole or part of a production
produced under the terms of this Agreement at their own Theatre for an archive
maintained by the Theatre under the following conditions:
(1) REPRODUCTION shall not be loaned out or removed from the
Theatre’s premises without the written consent of Actor’s Equity
Association.
Equity will entertain requests to use such
REPRODUCTION for sign language interpreters or interpreters for
audio-described performances.
(2) REPRODUCTION shall take place only during a regularly schedule
performance during the last half of the run.
(3) The Actor shall be advised as to the nature and purpose of such
REPRODUCTION. The Stage Manager and/or Deputy shall conduct a
vote of the Equity company. A ¾ majority vote, by secret ballot, in favor
of the REPRODUCTION shall be required to permit the
REPRODUCTION. The CORST Archive Rider must be signed by all
members of the Equity company as NOTICE that the Actor has been
advised of the scheduled REPRODUCTION and its purpose prior to
taping. Theatre shall notify Equity, in writing, that a vote was taken, that
all members of the company voted in favor of the REPRODUCTION and
that all members of the company (including Stage Managerial staff) have
signed the rider. The Theatre shall submit a copy of the fully executed
CORST Archive Rider to Equity. This shall occur as soon as the date of
the REPRODUCTION is known, but in no event shall there be less than
48 hours notice to the Actors. If there is nudity involved in the
production, no vote shall be taken without the prior written consent of
Actors’ Equity Association.
(4) Any rehearsal called to prepare for the REPRODUCTION of the
production shall require overtime payment to the Actors called.
(5) No person connected with the production shall receive special
compensation for the REPRODUCTION. Should any other participating
union, such as the Musicians Union or Stage Hands Union, receive
compensation for its participation, then these conditions shall no longer
apply and each Actor participating in the REPRODUCTION shall be paid
at no less than the applicable SAG/AFTRA rate.
(6) The Theater shall provide Equity with the opportunity to view the
completed REPRODUCTION.
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(7) The REPRODUCTION may not be used as a rehearsal aid or for
promotional purposes.
(8) The REPRODUCTION may be viewed by anyone employed or
connected artistically with the Theatre and by scholars, teachers and
students in and of the visual and performing arts and by Equity
members.
(9) If, at any time, the Producer no longer operates under this
Agreement, all REPRODUCTIONS shall be turned over to Actors' Equity
Association or a mutually acceptable archive prior to the release of any
bond, which Equity may be holding.
(10) If the Theatre wishes to house the archive in a facility not under its
direct control, it must petition Equity for consent.
(11) The Theatre shall maintain control and ownership of all
REPRODUCTIONS and will ensure that they are not used for any
commercial purpose whatsoever. The Theater shall also ensure that no
copies of the REPRODUCTION are made.
(12) Any violation of any part of this Rule 57(G) shall result in a payment
of either two weeks contractual salary or $2,000, whichever is greater,
for each breach, to each Actor whose rights have been breached
hereunder, plus whatever SAG or AFTRA rate may be due.
58. TERMINATION.
(A) It is the essence of all employment contracts that all notices thereunder,
company and individual, must be in writing. Copies of all notices must be filed
with or mailed to Equity forthwith by the party (Actor or Producer), giving notice.
Full power is reserved to Equity to grant relief from this Rule, where in its opinion,
the person or persons to whom notice is given has not or have not been misled
or injured.
(B) All notices shall be given in writing to the Producer or his designated
representative. Notices to the Actor must be given to him personally in writing
unless the Producer has procured the address of the Actor, in which case, unless
otherwise provided, it may be given by mail or telegram. All communications
which refer to the company in general shall be posted on the Callboard.
(C) Notice must be given by either party to the other before the Actor leaves the
theatre after the first public presentation of each play, or if any play runs two
weeks or more, before the Actor leaves the theatre on the first public
performance of any subsequent week.
(D) Just Cause. No Actor may be discharged except for just cause. If requested
by the Actor, the Producer must furnish his reasons for dismissal to the Actor and
Equity in writing within two weeks of such request. Equity may then investigate
the basis for any discharge. If Equity desires to challenge any discharge, then
the matter shall be submitted to arbitration in the manner provided in Rule 3.
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(E) Individual Termination Before Rehearsals. Resident Contracts for Stock and
Stock Jobbing Contracts may, before the beginning of rehearsals, be terminated
as follows:
(1) By the Actor giving written notice to the Producer at least four weeks
prior to the rehearsal date specified in the contract;
(2) By the Actor giving written notice to the Producer at least three weeks
prior to the rehearsal date specified in the contract and presenting proof
of more remunerative employment in the entertainment industry;
(3) By the Actor giving written notice to the Producer within the three
weeks prior to the rehearsal date and paying him a sum equivalent to
one week's salary multiplied by the number of weeks of employment
guaranteed on the face of the contract;
(4) By the Producer giving written notice to the Actor and paying him a
sum equivalent to one week's salary multiplied by the number of weeks
of employment guaranteed on the face of the contract.
(F) Individual Termination After Opening.
(1) Resident Contract for Stock. Either party may (except as herein
provided in (G) or (H) of this rule), by giving two weeks’ notice in writing
to the other at any time after performances have begun, terminate said
contract. Such termination shall be effective at the end of two weeks
after notice is given, except in the case of productions running three
weeks, when termination cannot be effective until the end of the currently
running production.
(2) Stock Jobbing Contract. If an Actor is engaged under a Stock
Jobbing Contract to perform in a production that is scheduled to run for
more than two weeks, either party may terminate the contract by giving
two weeks’ notice in writing to the other, but such termination in the case
of a production running three weeks will not become effective until the
end of such three week period. If the production is scheduled to run for
two weeks or less, the contract shall terminate automatically at the end
of the run of the production.
(G) Extension of Season. Should the stock season be extended by the Producer
beyond the originally announced closing date, the Actor, at the Actor's option,
may within 36 hours of the announcement of said extension, terminate his
contract upon written notice, said termination to coincide with the originally
announced closing. Written notice under the above conditions may be less than
two weeks. Should the Actor agree to remain at the theatre for the extension of
the season, a written agreement so stating shall be executed and a copy filed
with Equity.
(H) Termination Due to Illness or Accident. When the Actor shall have absented
himself from rehearsals and/or performances for seven days by reason of illness
or accident not involving "extraordinary risk," the Producer may terminate his
contract in writing at the end of said seven days. Equity may, at its discretion,
64
upon appeal of the Producer, reduce this period.
(I) Additional Provisions. Actors whose contracts are terminated under the
above Sections (G) or (H) shall be entitled to return transportation and payment
for all services to date.
In addition, Actors whose contracts are terminated under the above Section (H)
shall be entitled, if otherwise qualified, to the payments specified in Rule 30,
(ILLNESS AND SICK LEAVE).
(J) Payment by Actor. If, after opening, the contract is terminated by the Actor
(except as provided for in (G) and (H) above) he agrees to pay his own
applicable return fare, and to reimburse the Producer for any applicable fare the
Producer may have to pay for the Actor's successor up to an amount not
exceeding fare from NYC to the point where said successor joins the company,
whether for rehearsal or for playing. However, a member shall be liable for the
fare of his successor as stated herein only if said member terminates the contract
solely for the purpose of fulfilling another engagement or where the employment
is terminated during the originally scheduled run of the final production.
Anything herein to the contrary notwithstanding, should the Actor give notice of
termination of contract at any time after 10 consecutive weeks of employment
thereunder from the date of opening, he shall not be liable for his own and/or his
successor's return transportation, which shall be paid by the Producer.
(K) Payment When Actor is Not Allowed to Work Out Notice. Where notice is
given to the Actor, he shall be paid immediately if he is no longer called upon to
perform, and he may forthwith accept other employment.
(L) Rights After Giving Notice When Actor Secures New Engagement. Should
either party give the other any notice permitted under his contract which
terminates the same at any future date, and should the Actor have or secure a
new engagement, he shall be permitted to attend rehearsals under the new
engagement as may be necessary and as do not conflict with his performances
under his then existing contract.
(M)Additional Payments and When to be Given. If individual notice of termination
is given by the Producer, he agrees to pay the Actor in cash the amount of the
cost of transportation of the Actor and his baggage back to the place of
engagement whether the Actor returns immediately or not.
(N) Actor Re-Engaged or Replaced. Should a Producer dismiss or give an Actor
notice whereby he terminates his employment, he may not later re-engage him
for the same part or replace him with another Actor at a lesser salary than the
highest salary in the original contract without the written consent of Equity
through its Cuts Board under the same rules and procedure covering "Cuts."
65
59. TRANSPORTATION AND BAGGAGE.
(A) Transportation of Actors by Producer.
(1) Except as specifically changed or modified herein, the Producer shall,
at his own expense, transport the Actor when required to travel from his
residence as specified on the face of his contract to the theatre and
return. The Producer shall provide such methods of travel to the theatre
as are most direct within the public means of transportation available.
The preferred method of ground transportation shall be by reserved seat
passenger railroad. Where arrival at the destination may be effected by
either train or bus travel, train travel shall be used unless Equity
authorizes otherwise.
(2) The Producer shall furnish the Actor with the necessary tickets or
their cash equivalent from place of residence to the theatre at least three
days in advance of his departure. The Producer, upon request of the
Actor, shall deliver to him his return transportation at least one week
before the close of the Actor's engagement. If, in an emergency, it
should become impossible for the Producer to comply with the above
conditions, the Producer shall reimburse the Actor in the amount equal to
the actual sum spent by the Actor for transportation but in no event less
than the cost of the transportation as prescribed in (A)(1) above.
(3) Reimbursement for tickets and incidental travel expenses shall be
made immediately upon arrival in accordance with the travel
reimbursement forms supplied by Equity and with proper documentation
or receipts by the Actor of such expenses.
(4) If an Actor is required to pay for an extra day of lodging because of
an early reporting date outside of the regular workweek, the Producer
shall be responsible for such extra payment.
(5) When travel from the Actor's residence to the theatre location on the
same day as the beginning of rehearsals extends that workday beyond
eight hours (i.e., combined rehearsal hours and travel), the Actor shall be
reimbursed at the prevailing rate for such overtime.
(6) When the Actor arrives at the station of the theatre's location at a time
specified by the Producer, the Producer shall provide transportation to
the Actor's lodgings. If the Actor is not picked up within one-half hour
after his arrival, he shall be paid a penalty of $5.00 per half hour of
waiting time.
(7) Anything in the foregoing to the contrary notwithstanding, the Actor
and the Producer may agree in writing as to routes and modes of
transportation. In no event, however, shall any such agreement provide
for a payment to the Actor of a sum less than the cost of applicable
public transportation from the place of residence to the theatre and
return, or between theatres as provided in (G).
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(B) Train Travel. Day coach transportation is limited to 10 hours daily. Night
transportation shall include individual Pullman sleeping accommodations, which
shall be no less than a roomette, if same is available. Should the Producer
present proof satisfactory to Equity that Pullman-sleeping accommodations could
not be obtained, the Producer shall pay the Actor the amount equal to the cost of
a roomette only, without taxes or other excess charges. Failure to do so shall
obligate the Producer to pay the Actor the difference between the total cost of
first-class Pullman transportation including a roomette, taxes and other excess
charges included, and the amount of coach transportation.
(C) Air Travel. The Actor shall not be compelled to travel by air without his
consent. In each and every case, it shall be entirely in the determination of the
Actor to decide whether he wishes to travel by air or not. Air travel, if consented
to by the Actor, must be FAA certified scheduled air lines and not by nonscheduled or private air lines.
Scheduled air tourist flights (on FAA certified scheduled air lines) may be
substituted for air travel, provided such flights take place during the hours
between 8:00 AM and 8:00 PM and are of less than six hours duration, and
meals are provided at the Producer's expense.
If the Actor consents to travel by air, the Producer agrees to reimburse the Actor
for the premium cost of air travel insurance up to the amount of $150,000
purchased by the Actor.
Air excursion tickets or group air travel plans may be used only between the
hours of 8:00 AM and 8:00 PM. An Actor may not be required to arrive early or
stay at the theatre after the conclusion of his engagement in order to take
advantage of excursion or group rates. If delay en route in air travel occurs, all
expenses incurred by the Actor due to such delay and for which the airline is not
responsible shall be reimbursed to the Actor by the Producer.
The Producer shall designate that the Actor's baggage be transported either by
airfreight or air excess baggage. If the Producer designates airfreight, the Actor
shall be given at least 24 hours notice thereof, so as to arrange for such
transportation. The cost of baggage transportation, not to exceed 300 pounds,
will be borne by the Producer.
(D) Automobile Travel. If an Actor uses his own car or rides with another Actor in
transporting himself inter-city for his engagement, he shall receive a sum
equivalent to the cost of the applicable public transportation from the place of
engagement to the theatre and return, or between theatres as provided in (G).
(E) Bus Transportation. Bus travel shall be by public carrier duly licensed to carry
passengers by interstate or intrastate commission. Such travel shall be between
the hours of 8:00 AM and 8:00 PM. Buses shall be air-conditioned and provide
the maximum comfort to the Actor. All chartered bus travel shall be subject to
the following conditions:
(1) A chartered commercial bus may be used to travel the entire cast
between theatres.
67
(2) The Producer agrees that a chartered bus shall be equal in comfort,
condition and safety to those used by first class long distance bus
companies.
(3) A bus call shall have the same force and effect as a train call and
shall not exceed one-half hour prior to scheduled departure.
(4) The Actor shall be prompt for such calls. If an Actor is responsible for
a delay at any time, such delay shall not be counted as part of travel
time.
(5) There shall be a minimum of one 10-minute comfort stop during each
two hours of travel unless there are lavatory facilities on the bus.
(6) Within the first four-hour travel period, there shall be a meal stop of
not less than one hour. After the first stop, meal stops shall occur at
reasonable intervals. If, however, the trip does not commence until after
12 Noon, the first meal stop need not occur for five hours.
(7) The rest period prior to a bus call shall be 10 hours. If the full rest
period is not given, the Actor shall receive the night transportation
payment of $30.
(8) Bus Travel shall not exceed seven hours from the scheduled
departure. Travel time shall commence and be computed from the time
the bus is scheduled to leave and upon the arrival of the bus at the
theatre. If departure is delayed more than one-half hour, the Actors shall
be paid $10.00 per hour or part thereof of delay.
(9) If night bus travel after an evening performance is required, the Actor
shall be paid $30.00 for such travel by the Producer of the theatre of
arrival.
(F) Rest Period After Arrival. If the Actor has had another engagement in the
same play or part during the week immediately preceding the opening of the
play, he shall not be required to rehearse or perform until two hours after his
arrival at his lodgings.
(G) Packages and Consecutive Jobbing Contracts. Where the Actor has been
playing a previous consecutive engagement, all tickets or their cash equivalent
covering transportation from one theatre to another must be in the Actor's
possession at least three days prior to his leaving for his next engagement. In
addition, all travel arrangements between theatres shall be made by the
Producer of the theatre at which the Actor has his next engagement. It shall be
the obligation of this Producer to pay the entire cost of transportation between
theatres unless the distance is greater than the distance from New York City or
place of engagement to his theatre. In this event, the Producer of the theatre at
which the Actor is currently engaged shall be responsible to pay the equivalent of
the cost of transportation from that theatre to New York City or place of
engagement, and the Producer of the theatre at which the Actor has his next
engagement shall be obligated for all additional costs. Should the Producer fail
to send tickets or transportation monies in advance, the Producer of the theatre
68
at which the Actor is currently engaged may furnish the Actor with the full cost of
transportation to his next engagement, or he shall provide the Actor with return
transportation to his place of residence or place of engagement, and the Actor
shall not be obligated to continue on to the next theatre.
(H) Baggage. The Actor shall be responsible for transporting his personal hand
baggage to and from the station in his place of residence and the Producer shall
reimburse the Actor in full for all reasonable expenses incurred, as set forth by
the Actor on a form which shall be provided by Equity for this purpose. In
addition, the Producer, if the Actor is signed to a Resident Contract For Stock,
shall reimburse the Actor for transportation of the Actor's trunk and/or baggage
up to 300 pounds from his place of residence (including pick up from within his
living quarters) to his lodging in the vicinity of the theatre and, upon termination of
the engagement, for return to his place of residence (including delivery to within
his living quarters). Receipts for such transportation costs must be presented.
60. UNION EMBLEM.
The Producer hereby agrees to promulgate the fact that he operates a
professional theatre employing Actors' Equity Association members by displaying
in the lobby of his theatre a small plaque, supplied by Equity, by inserting the
following line in the program: “___________ Theatre is a professional theatre
employing members of Actors' Equity Association, the union of professional
Actors and Stage Managers in the United States”, and by printing in the program
the biographical history of Actors' Equity Association, appended to this
Agreement [see Rule 44(A)].
61. UNION SECURITY/DUES AND INITIATION FEES.
(A) All Actors, except non-professionals as provided herein, who are members of
Equity shall, as a condition of employment, continue to be members of the Union
in good standing for the life of this Agreement. All employees who are not now
members of the Union shall, as a condition of employment, become members of
the Union within 31 days following the signing of this Agreement and shall
thereafter remain members of the Union in good standing as a condition of
continued employment. All new employees shall, as a condition of employment,
become members of the Union 31 days from the date of the commencement of
their employment and shall thereafter continue to be members of the Union in
good standing as a condition of continued employment. As defined and applied
in this Rule, the phrase "member of the Union in good standing" means a person
who pays initiation fees and dues (or the monetary equivalent thereof) to the
Union as financial obligations in accordance with the requirements of the
National Labor Relations Act.
(B) The Producer shall deduct from the salary of every employee who is or may
become a member of Equity, union dues and initiation fees on demand of Equity,
provided that the Producer receives from Equity a proper authorization, agreed to
and signed by the employee authorizing such deductions.
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(C) Any monies so deducted shall be delivered to Equity not later than 10 days
following the date on which the deductions are made.
62. VACATIONS.
The Actor shall accrue one day of vacation pay for each six consecutive weeks of
employment within a given season. However, the Actor shall not be eligible for
vacation or vacation pay unless he has been employed at least 12 weeks. The
Producer may direct the time the Actor is to take his vacation provided that he
gives the Actor two weeks advance notice and that the Actor is entitled to take all
of his accrued vacation days. If the Actor requests to take his vacation at his
convenience and the Producer agrees, vacation may be taken in days. If the
Actor is unable to take his vacation, he shall receive his accrued vacation pay as
severance pay. Vacation pay shall accrue at the rate of one-sixth of weekly
contractual salary per vacation day.
63. VOLUNTARY CLASSES.
All members of the company are prohibited from attending so-called voluntary
classes or rehearsals. The Producer shall neither request nor permit his
representatives to request the Actor to participate in such classes, or rehearsals.
64. VOTING.
(A) Equity cast meetings called by the Deputy or the Stage Manager to vote on
working conditions or concessions may only be held with the prior consent of
Equity. At such meetings, neither the Producer nor the Producer's representative
(whether or not on an Equity contract) shall be present other than to explain the
Producer's position. Any action proposed or approved at such a meeting shall
not be binding without the written approval of Equity.
(B) All votes at such a meeting shall be by secret ballot.
(C) The determination of Equity as to any issue arising under the above
provisions shall be final and binding upon the Producer and each Actor.
(D) In this Agreement, the only specified cast vote is for rehearsal meal breaks
duration for which a two-thirds vote is required. [See Rule 47(B)(1).]
(E) Juvenile Actors must be given the opportunity to vote in all cast votes. The
guardians of such Juvenile Actors may be present at all discussions prior to such
votes.
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The following is a list of the members of the Council of Resident Stock Theatres
as of the effective date of this Agreement:
COUNCIL OF RESIDENT STOCK THEATRES
THEATRE
PRODUCER
Barnstormers
Robert Shea
Tamworth, NH
Flat Rock Playhouse
Robin Farquhar
Flat Rock, NC
Maine State Music Theatre
Steven C. Peterson
Brunswick, ME
Mountain Playhouse
Teresa Stoughton Marafino
Jennerstown, PA
Mary Louise Stoughton
Peninsula Players
Greg Vinkler
Fish Creek, WI
Peterborough Players
Keith Stevens
Peterborough, NH
Gus Kaikkonen
St. Michael's Playhouse
Chuck Tobin
Colchester, VT
Totem Pole Playhouse
Carl Shurr
Fayettville, PA
Williamstown Theatre Festival
Nicholas Martin
Williamstown, MA
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ADDENDUM
C.O.R.S.T. CLOTHING RENTAL SCHEDULE
FOOTWEAR:
Boots, Sneakers, Dress, Casual ................................................................................ $2.50
Dance Shoes:
Professional jazz shoes ...................................................................................... $5.00
Character Shoes ................................................................................................. $5.00
Tap shoes ........................................................................................................... $5.00
Boots................................................................................................................... $5.00
Pointe shoes must be provided new by the Producer.
ENSEMBLE:
(Men) Suit, Shirt, Tie, Shoes, Socks, Hat................................................................. $15.00
(Woman) Suit or Dress, Blouse or Dickey, Stockings, Gloves, Purse and Hat........ $15.00
SUIT. ........................................................................................................................ $10.00
SPORTSWEAR & LINENS:
Shorts, Sweaters, Jogging Suits, Bathing Suits, Sport Shirts, T-Shirts, Jeans, Shirt,
Blouse, Dress, Shirt, Vest .......................................................................................... $2.00
COAT: Overcoats, Topcoats, Raincoats, Parkas, Winter, Sport Coat ...................... $3.50
NIGHTWEAR:
Pajamas, Nightgowns, Housecoats, Robes, Smoking Jackets, Bathrobes,
Dressing Gowns......................................................................................................…$2.00
EVENING WEAR:
Tuxedos, Tails, Evening Gowns, Furs, (and all accessories) .................................. $15.00
WIGS.......................................................................................................................... $5.00
DANCE WEAR: Leotards, Tights, Briefs.................................................................... $2.00
DRESS....................................................................................................................... $5.00
SLACKS. .................................................................................................................... $3.00
MISC: Socks, Neckties, Stockings, Hats, etc............................................................. $1.00
PROPERTIES: Eyeglasses, Suitcases, Umbrella, Canes, Camera,
Sports Equipment, Attaché Case, etc ........................................................................ $2.00
THE ABOVE ARE WEEKLY AMOUNTS
73
Heading and Rule Number
Page No.
INDEX
-AAccident; Insurance 31.................................................................................................... 28
Accident; Performances Lost 41 .................................................................................... .38
ACCOMPANIST
Chorus Audition 4(B)(2)(g), 4(B)(2)(l).................................................................... 7
Principal Audition 4(A)(2)(a), (h)............................................................................ 4
Act of God; Performance Lost 41(A) ............................................................................... 38
ACTOR
Definition 20(A).................................................................................................... 17
Duties 24 ............................................................................................................. 21
Exclusive Service 27 ........................................................................................... 24
Obligation to Equity 1 ............................................................................................ 1
Salary 50(A) ........................................................................................................ 49
Additional Duties, Payment for 50(F) .............................................................................. 50
Affirmative Action 25 ....................................................................................................... 21
AFL-CIO 1(B) ................................................................................................................... 1
AGENTS 2
................................................................................................................... 1
As Casting Consultants or Packagers 2(C)........................................................... 2
Commissions 2(B) ................................................................................................. 1
For Chorus 2(D) .................................................................................................... 2
Franchised 2(A)..................................................................................................... 1
Air Conditioning 49(A) ..................................................................................................... 45
Air Travel 59(C), ............................................................................................................. 67
Aisle Lights 49(F) ............................................................................................................ 46
Aisles Ramped 49(E) ...................................................................................................... 46
Alleys to Stage Doors 49(A)............................................................................................ 45
Animals Backstage 49(R)................................................................................................ 48
Announcement; of Changes in Cast 9 .............................................................................. 9
Arbitration 3, 15(A) ...................................................................................................... 2, 14
ASSISTANT STAGE MANAGER
Definition 55 ........................................................................................................ 54
Duties 55 ............................................................................................................. 54
Permitted to Act 55(A) ........................................................................................ 55
Requirement for 55.............................................................................................. 54
Salary 50(A), (C), (E) .................................................................................... 49, 50
Script Preparation 55(C)...................................................................................... 55
Service Regarding Transfers of Production 55(C) .............................................. 55
Associated Actors & Artistes of America 1(B) .................................................................. 1
AUDITIONS 4 ................................................................................................................... 4
Accompanist 4(A)(2)(h), 4(B)(2)(l) .................................................................... 5, 7
At Theatre Location 4(A)(2)(l)................................................................................ 5
Casting Authorities Required 4(A)(2)(i), 4(B)(2)(d)............................................ 5, 6
Chorus 4(B) ........................................................................................................... 5
Dance Surfaces 4(C)(1)(e) ................................................................................... 7
Equal Employment Opportunity 25...................................................................... 21
For Actors with Disabilities 25(E) ........................................................................ 23
Liability Insurance 4(C)(2) ..................................................................................... 7
Location of 4(A)(2)(c), 4(B)(2)(a) ...................................................................... 4, 6
i
Heading and Rule Number
Page No.
Number Required 4(A)(2)(a), 4(B)(2)(h)............................................................ 4, 6
Principals 4(A)(1), (2) ........................................................................................ 4, 4
Records 25(C). .................................................................................................... 22
Safe and Sanitary Code 4(C)(1)............................................................................ 7
Automobile Transportation 59(D) .................................................................................... 67
-BBaggage 59(C), (H)................................................................................................... 67, 69
Beards, Mustaches 13(A), (H) .................................................................................. 11, 13
Benefits 26(A) ................................................................................................................. 23
Billing (Breach) 44(C)...................................................................................................... 40
Binding Effect of Agreement 5 .......................................................................................... 7
Blacklisting 6 ................................................................................................................... 8
Bond 51 ...................................................................................................................... 52
Breaches by Producer 7, 15(F) ................................................................................... 8,15
BREAKS (See also REST PERIODS)
Before Performance 47(B)(2) .............................................................................. 42
Between Performances 40(D) ............................................................................. 37
In Musicals 35(F) ................................................................................................ 32
Rehearsal 47(B)(1), (3) ....................................................................................... 42
Broadcasting 57(A), (C), (D) ..................................................................................... 58, 59
Brush-Up Rehearsal 47(E)(1), (3) ................................................................................... 43
Bus Transportation 59(E) ................................................................................................ 67
-CCallboard 8. ................................................................................................................... 9
Cast Listing, In the Theatre Programs 44(D) .................................................................. 40
Cast Listing, Programs 44(A), (B) ................................................................................... 39
Cast Votes 64 ................................................................................................................. 70
Casting Consultants; Agents 2(C)..................................................................................... 2
Changes in Cast 9............................................................................................................. 9
Checks 50(J) ................................................................................................................. 51
CHILDREN
In Cast Vote 64(E) .............................................................................................. 70
Information for Parents29(A)(6)........................................................................... 26
Supervision at Theatre 32 ................................................................................... 28
Choreographers
At Auditions 4(A)(2)(i), 4(B)(2)(d), .................................................................... 5, 6
CHORUS 10 ................................................................................................................. 10
Additional Assignment Compensation 10(B)....................................................... 10
Agents 2(D) ......................................................................................................... 2
Auditions 4(B)........................................................................................................ 5
Costumes and Make-up 13 ................................................................................. 11
Dance Captain 17................................................................................................ 15
Day of Rest and Rest Periods 18, 35(F), 47(B) ........................................ 16,32,42
Definition 20 ...................................................................................................... 17
Deputies 21 ....................................................................................................... 20
In Resident Company 20(C)(1) ........................................................................... 17
Minimum Number of Contracts 10(A), 35(A)(2), 35(G) ........................... 10, 29, 32
Non-professionals 35(D) ..................................................................................... 32
ii
Heading and Rule Number
Page No.
Parts Breakdown 10(A) ....................................................................................... 10
Playing a Role or Part 10(B)(1) ........................................................................... 10
Shoes 13(E) ...................................................................................................... 13
Solo or Specialty 10(B)(1) ................................................................................... 10
Transportation of Replacement 58(J).................................................................. 65
CLAIMS 11 ................................................................................................................. 11
Time Limit in Lodging 11(B) ................................................................................ 11
Waiver or Release 11(A) ..................................................................................... 11
Classes, Voluntary 63 ..................................................................................................... 70
Cleaning of Costumes 13(C)........................................................................................... 12
Closing Notice 12(A) ....................................................................................................... 11
Closing Season 12 .......................................................................................................... 11
CLOTHING AND COSTUMES 13................................................................................... 11
Cleaning and Upkeep 13(C)................................................................................ 12
Costume Fittings 13(D) ....................................................................................... 12
Footwear 13(A), (B), (E) ................................................................................ 11, 13
Liability for Damage or Loss 13(C), 45.......................................................... 12, 41
Rental 13(B) ........................................................................................................ 12
Rental; Minimum Charges................................................................................... 63
Rider for use of Actor's Clothing 13(B), 13(E)(3) .......................................... 12, 13
To Be Furnished by Producer 13(A).................................................................... 11
Commercial for Theater or Show 57(D) .......................................................................... 59
COMMISSIONS
Agents 2(B) ........................................................................................................... 1
On Chorus Contracts 2(D)..................................................................................... 2
On Minimum 2(D), ................................................................................................. 2
Concessions Posted 4(A)(2)(k) ......................................................................................... 5
CONSECUTIVE JOBBING CONTRACTS
In Package Tour 20(H) ........................................................................................ 19
Rehearsals 47(E)(4) ............................................................................................ 43
Transportation 59(G) ........................................................................................... 68
Contingent Compensation 50(I) ...................................................................................... 51
Continuous Employment 14 ............................................................................................ 14
CONTRACTS 15............................................................................................................. 14
As Cast 15(B) ...................................................................................................... 14
Attempted Breach 15(F) ...................................................................................... 15
Changes and Alterations 15(A) ........................................................................... 14
Emergency 15(D) ................................................................................................ 14
File with Equity 15(E) .......................................................................................... 15
Laws Governing 33 ............................................................................................. 29
Quadruplicate Copy 15(E)................................................................................... 15
Resident Contract for Stock 20(C)(1) .................................................................. 17
Riders 15(A) ........................................................................................................ 14
Signing of 15(C) .................................................................................................. 14
Stock Jobbing 20(G)............................................................................................ 19
Use of Chorus Contract 35(A)(2) ........................................................................ 29
Cost of Living 50(D) ........................................................................................................ 50
Costumes (See CLOTHING AND COSTUMES) 13........................................................ 11
Cots 49(K) .................................................................................................................... 48
Council of Resident Stock Theatres............................................................................... 62
iii
Heading and Rule Number
Page No.
Council Powers 26(D) ..................................................................................................... 24
Cross-Contractual Production 16 .................................................................................... 15
-DDance Captain 17 ........................................................................................................... 15
Dance Shoes 13(E)(2) .................................................................................................... 13
Dancers; Auditions 4(B)(2)(f), (g) ...................................................................................... 6
Dancing Surfaces 4(C)(1)(e), 49(H)(1)........................................................................ 7, 47
DAY OF REST AND REST PERIODS 18....................................................................... 16
Between Performances 40(D) ............................................................................. 37
Changes 18(B) .................................................................................................... 16
Definition 18(A)(1) ............................................................................................... 16
During Performance Weeks 18(A)(3) .................................................................. 16
During Rehearsal 18(A)(2),47(B) .................................................................. 16, 42
Stage Managers 55(D) ........................................................................................ 56
DAY OFF, FULL
Definition 18(A)(1) ............................................................................................... 16
During Performance Weeks 18(A)(3) .................................................................. 16
During Rehearsal 18(A)(2) .................................................................................. 16
Defaulting Employers 19 ................................................................................................. 16
DEFINITIONS 2017
Actor 20(A) .......................................................................................................... 17
Additional Duties 50(F)........................................................................................ 50
Categories 20(C)(2) ............................................................................................ 18
Chorus 20(A)(2)................................................................................................... 17
Day of Rest 18(A)(1) ........................................................................................... 16
Day Off, Full 18(A)(1) .......................................................................................... 16
Extraordinary Risk 50(B) ..................................................................................... 49
Local Jobber 37(F) .............................................................................................. 35
Loss of Stock Theater Status, Effect of 20(D) ..................................................... 19
Membership Candidate 37(E) ............................................................................. 34
Non-Resident Companies 20(C)(3)..................................................................... 18
Package 20(H) .................................................................................................... 19
Principal Actor 20(A)(1) ....................................................................................... 17
Resident Company 20(C)(1) ............................................................................... 17
Resident Contract for Stock 20(F)....................................................................... 19
Stock Jobbing Contract 20(G) ............................................................................. 19
Stock Theater 20(C) ............................................................................................ 17
Unit Attraction 20(E) ............................................................................................ 19
DEPUTIES 21 ................................................................................................................. 20
Calling Cast Meetings 64(A)................................................................................ 70
Dismissal of 23 .................................................................................................... 20
Election 21........................................................................................................... 20
Requirement for 21.............................................................................................. 20
Directors At Auditions 4(A)(2)(i) ........................................................................................ 5
DISCRIMINATION
Against Deputy 23 ............................................................................................... 20
For Race, Color, Creed, etc. 25(A), 22.......................................................... 21, 20
For Union Activity 23 ........................................................................................... 20
iv
Heading and Rule Number
Page No.
DRESS/ TECH REHEARSAL
Before First Public Performance 47(D)(2) ........................................................... 43
Rest Period During 47(B)(3)................................................................................ 43
Dressing Room – Safekeeping Facility 45 ...................................................................... 41
Dressing Rooms; Safe and Sanitary 49(A) ..................................................................... 45
Drinking Water 4(C)(1)(g), 49(N)................................................................................. 7, 48
Dues and Initiation 61 ..................................................................................................... 69
Duration of Agreement .................................................................................................... 61
Duties of the Actor 24...................................................................................................... 21
-EEmployment, Continuous 14 ........................................................................................... 14
Equal Employment Opportunity 25 ................................................................................. 21
Equity-League Health Trust Fund 28 .............................................................................. 25
Equity-League Pension Trust Fund 39............................................................................ 36
EQUITY
Council 26 ........................................................................................................... 23
Determination of Classification 26(F) .................................................................. 24
Dues and Initiation Fees 61................................................................................. 69
Meetings 26(B) .................................................................................................... 23
Power to Act for Actor 26(C) ............................................................................... 23
Representatives 26(E)......................................................................................... 24
Evidence of Equity Membership 61................................................................................. 69
Exclusive Service of Actor 27.......................................................................................... 24
Extension of Season 58(G) ............................................................................................. 64
Extra Performance; Payment 40(C) ................................................................................ 36
EXTRAORDINARY RISK
Definition 50(B).................................................................................................... 49
Determination by Equity 50(B) ............................................................................ 49
Payment 50(B) .................................................................................................... 49
-FFight Captain 54.............................................................................................................. 53
Filming for TV News 57(B) .............................................................................................. 58
Filming of Play 57(A)....................................................................................................... 58
Fire Exits 49(P) ............................................................................................................... 48
First Aid Kits 49(L)........................................................................................................... 48
Five-Minute Breaks 47(B)(3) ........................................................................................... 43
Floors for Dancing 49(H)................................................................................................. 47
Fluorescent Lighting 49(A) .............................................................................................. 45
Four A’s 1(B) ................................................................................................................... 1
Full Day Off 18(A)(1), (2), (3) .......................................................................................... 16
-GGuide Lights 49(F) .......................................................................................................... 46
-HHair Color, Change of 13(G) ........................................................................................... 13
Hairpieces and Wigs 13(A) ............................................................................................. 11
Hair Style, Change of 13(H) ............................................................................................ 13
v
Heading and Rule Number
Page No.
Hazard Pay (See Extraordinary Risk)
Hospitalization and Medical Coverage 28....................................................................... 25
Heat in Dressing Rooms 49(A) ....................................................................................... 45
HOUSING
Change of Lodging 29(A)(8)................................................................................ 27
Cost Limitation 29(A)(1) ...................................................................................... 25
Equipment to be Provided 29(A)(7)..................................................................... 27
Lists 29(A)(3)....................................................................................................... 26
Pets 29(A)(9) ....................................................................................................... 27
Relatives 29(A)(9) ............................................................................................... 27
Security Deposit 29(A)(7) .................................................................................... 27
Sharing a Room 29(A)(2) .................................................................................... 26
Transportation to 29(B) ....................................................................................... 27
House Boards; 44(D) ...................................................................................................... 40
-IIllegal Rules 33................................................................................................................ 29
Illness and Sick Leave 30 ............................................................................................... 28
Illness; Cause for Termination 58(H) .............................................................................. 64
Information for Parents 29(A)(6) .................................................................................... 26
Initiation Fees 61............................................................................................................. 69
Injury and SWC Insurance 31 ......................................................................................... 28
Inspection; Safe and Sanitary 49(S) ............................................................................... 48
INSURANCE
Air Travel 59(C) ................................................................................................... 67
Hospitalization and Medical 28............................................................................ 25
Liability at Auditions 4(C)(2) .................................................................................. 7
Personal Property 45........................................................................................... 41
Salary Continuance 28(B) ................................................................................... 25
Social Security and Unemployment 53 ............................................................... 52
Supplemental Workers’ Compensation 28(B) ..................................................... 25
Worker's Compensation 0 ................................................................................... 28
Intercom System 49(M)................................................................................................... 48
Intermission 40(G) ....................................................................................................... 38
-JJewelry; Lost or Stolen 45............................................................................................... 41
Jobbing Contract; Definition 20(G).................................................................................. 19
JUVENILE ACTORS 32 .................................................................................................. 29
-KKnee and Elbow Pads 13(A) ........................................................................................... 11
-LLateness 24(B)(8) ........................................................................................................... 21
Lavatory and Toilet Facilities 49(B)................................................................................. 45
Laws Governing Contracts 33......................................................................................... 29
Liability Insurance, Auditions 4(C)(2) ................................................................................ 7
Local Jobbers 37(F) ........................................................................................................ 35
vi
Heading and Rule Number
Page No.
LOCAL TRANSPORTATION
After Show Escort 29(B)(1) ................................................................................. 27
After Sunset 29(B)(1) ......................................................................................... 27
On Arrival 29(B)(5) .............................................................................................. 28
To Meals 29(B)(2) ............................................................................................... 28
To Performance and Rehearsal 29(B)(1), 29(C) ........................................... 27, 28
To Shopping Facilities 29(B)(3) .......................................................................... 28
Waiver of Local Transportation 29(B)(4) ............................................................ 28
Lockouts 36(B) ................................................................................................................ 33
Lodging (See Housing)
Loss of Stock Theater Status 20(D) ................................................................................ 19
Lost Performances 41 ..................................................................................................... 38
Lost Property 45.............................................................................................................. 41
Luggage 59(H) ................................................................................................................ 69
-MMake-Up 13(F) ................................................................................................................ 13
MATINEE DAY
Performance Time 40(C)(2) ................................................................................ 37
Rehearsal 47(E)(1).............................................................................................. 43
MEALS
Between Performances 40(D) ............................................................................. 37
During Travel 59(E)(6)......................................................................................... 68
Transportation to 29(B)(2) ................................................................................... 28
Medical Coverage 28 ...................................................................................................... 25
Meetings; Equity 26(B).................................................................................................... 23
Membership Candidates 37(E) ....................................................................................... 34
Military Service 34........................................................................................................... 29
Minimum Salaries 50(A).................................................................................................. 49
Motion Picture for TV News 57(B)................................................................................... 58
Motion Picture of Production 57(A) ................................................................................. 58
Musicals, Special Provisions 35...................................................................................... 29
-NNews Telecast 57(B)....................................................................................................... 58
Night Travel 59(B), (C), 59(E)(7), (9) ........................................................................ 67, 68
No Lockouts or Strikes 36(B) .......................................................................................... 33
NON-PROFESSIONALS 37............................................................................................ 33
Affidavits 37(B) .................................................................................................... 33
Eligibility 37(G) .................................................................................................... 35
Equity Membership Candidate Program 37(E).................................................... 34
In Chorus 35(D), 37(A) .................................................................................. 32, 33
In Principal Roles 35(C), 37(A)...................................................................... 30, 33
Local Jobbers 37(F) ............................................................................................ 35
Membership Candidates 37(E)............................................................................ 34
Partnering 35(D).................................................................................................. 32
Travel 37(H) ........................................................................................................ 35
Use in Production (Ratio Tables) 37(C) .............................................................. 33
Violation 37(I) ..................................................................................................... 35
Non-Resident Company; Definition 20(C)(3) .................................................................. 18
vii
Heading and Rule Number
Page No.
Non-Traditional Casting 25(B)......................................................................................... 22
NOTICE
Closing Season 12 .............................................................................................. 11
Termination of Employment Contracts 58 ........................................................... 63
Nudity 38 ...... ................................................................................................................. 36
Number of Performances 40(A) ...................................................................................... 36
-OObligation of Actors to Equity 1......................................................................................... 1
Oral Interpretations 26(C)(2) ........................................................................................... 23
OVERTIME
Performances 40(F) ............................................................................................ 37
Rate 40(F), 47(C) .......................................................................................... 37, 43
Rehearsal 47(B)(3), (C)....................................................................................... 43
Stage Managers 55(D) ........................................................................................ 56
Travel 59(A)(5) .................................................................................................... 66
-PPackages Definition 20(H) .............................................................................................. 19
Pension Fund 39 ............................................................................................................. 36
Per Diem for Canceled Performance 41(B) .................................................................... 38
PERFORMANCES
Announcements 44(B), (E)............................................................................ 40, 40
Additional; Rate of Pay 40(C).............................................................................. 36
Extra Performances 40(C)................................................................................... 36
For School Groups 40(C)(2)................................................................................ 37
Intermissions During 40(G) ................................................................................. 38
Length of Performances and Overtime 40(F)...................................................... 37
Lost 41................................................................................................................. 38
Meal Between 40(D)............................................................................................ 37
Number of 40(A).................................................................................................. 36
Place of 40(E)...................................................................................................... 37
Rest Between 40(D) ............................................................................................ 37
Televising of 57(A), 57(B)(2) ......................................................................... 58, 59
Transportation to 29(B)(1) ................................................................................... 27
PERFORMERS WITH DISABILITIES
Affirmative Action 25(B)....................................................................................... 22
Auditions 25(E).................................................................................................... 23
Housing 29(A)(4) ................................................................................................. 25
Personal Appearances 42(B) .......................................................................................... 39
Personal Property 45 ...................................................................................................... 41
Pets Housing 29(A)(9)..................................................................................................... 27
Photographs and Publicity 42 ......................................................................................... 38
Picture Call 42(A) ............................................................................................................ 38
Pointe Shoes 13(E)(2)..................................................................................................... 13
Pre-Production, Stage Managers 55(C).......................................................................... 55
Principal Actor; Definition 20(A)(1).................................................................................. 17
Principal Auditions 4(A)..................................................................................................... 4
Production Prosecuted 43............................................................................................... 39
Programs and Announcements 44(A), 44(E) ............................................................ 39, 40
viii
Heading and Rule Number
Page No.
Programs; Errors or Omissions 44(B) ............................................................................. 40
Prompt Book; Definition 55(E)(2) .................................................................................... 56
Property; Lost or Stolen 45 ............................................................................................. 41
Properties for Use in a Production 13(A). ....................................................................... 11
Pro-rating Salary When Permitted 50(G) ........................................................................ 51
Publicity 42 ................................................................................................................. 38
-RRadio Broadcasting 57(A), (C), (D) .......................................................................... 58, 59
Railroad Transportation 59(B)......................................................................................... 67
Ramps 49(E) ................................................................................................................. 46
Raked Stage 49(G). ........................................................................................................ 46
Ratio, Non-Professionals 35(C), (D), 37(C) ........................................................ 30, 32, 33
Reading Play, Rehearsal 47(A)(2) .................................................................................. 42
Record of Salary Deductions 50(K)................................................................................. 51
Recording 57(A) .............................................................................................................. 58
Recordings for Use in Production 46 .............................................................................. 41
REHEARSALS 47 ........................................................................................................... 42
Additional 47(A)(6), 47(E)(4) ......................................................................... 42, 43
After Giving Notice 58(L) ..................................................................................... 65
After Half-Hour Call 47(B)(2), 54 ................................................................... 42, 53
After Opening 47(E) ............................................................................................ 43
After Performance 47(A)(3) ................................................................................. 42
Before Opening 47(D) ......................................................................................... 43
Beginning of 47(A)(1), (2).................................................................................... 42
Breaks and Rest Periods 47(B)........................................................................... 42
Brush-Up 47(E)(3) ............................................................................................... 43
Consecutive Jobbing Contracts 47(E)(4) ............................................................ 43
Continuous 47(A)(1) ............................................................................................ 42
Costume Fitting Time Allowed 47(A)(4) .............................................................. 42
Full Day Off During 18(A)(2)................................................................................ 16
Hours 47(D), (E) .................................................................................................. 43
Matinee Day 47(E)(1) .......................................................................................... 43
New Production 47(E)(4)..................................................................................... 43
Notice on Callboard 8(H), 47(A)(5).................................................................. 9, 42
On Daylight Day of Rest 47(E)(2)........................................................................ 43
One-Performance Day 47(E)(1) .......................................................................... 43
Overtime 47(C).................................................................................................... 43
Pay 50(G), (H) ..................................................................................................... 50
Pay; for Stage Managers, and ASM 50(A), (C), (F), (G) ............................... 49, 50
Pay; Pro-Rated 50(G).......................................................................................... 50
Prior to Opening 47(D) ........................................................................................ 43
Reading of Play 47(A)(2)..................................................................................... 42
Replacement 47(E)(3) ......................................................................................... 43
Rest Periods 55(D).............................................................................................. 56
Space; Safe and Sanitary Requirements 49(C) .................................................. 46
Subsequent Production 47(E)(4)......................................................................... 43
Tech-Dress 47(D)(2). .......................................................................................... 43
Televising During 57(B)(1) .................................................................................. 58
Ten Out of Twelve 47(D)(1)................................................................................. 43
ix
Heading and Rule Number
Page No.
Transportation to 29(B)(1) ................................................................................... 27
Travel on Same Day 59(A)(5) ............................................................................. 66
Rental of Clothes 13(B)................................................................................................... 12
REPLACEMENT
Rehearsal 47(E)(1), (3) ....................................................................................... 43
Salary Limitation 58(N)........................................................................................ 65
Transportation of 58(J) ........................................................................................ 65
Reports 44
................................................................................................................. 44
Annual Report of Weekly Gross 48(C) ................................................................ 44
Reports; W-2 Forms 48(A) .............................................................................................. 44
Reports; Weekly to Equity 48(B) ..................................................................................... 44
Representatives; Equity 26(E) ........................................................................................ 24
Resident Company 20(C)(1). .......................................................................................... 17
Resident Contract 20(F).................................................................................................. 19
Resident Stage Manager 50(A), (C), (E)................................................................... 49, 50
REST PERIODS (See Also BREAKS)
After Arrival 59(F) ................................................................................................ 68
Between Performances 40(D) ............................................................................. 37
During Rehearsal 18(A)47(B), (D)........................................................... 16, 42, 43
Overnight 18(C)................................................................................................... 16
Penalty 47(B)(3) .................................................................................................. 43
Prior to Bus Call 59(E)(7) .................................................................................... 68
RIDER
Clothing Rental 13(B) .......................................................................................... 12
Contract 15(A) ..................................................................................................... 14
Recording 46 ....................................................................................................... 41
Stage Fighting 54 ................................................................................................ 53
Risks; Extraordinary 50(B) .............................................................................................. 49
Rooms 29(A) ................................................................................................................. 25
-SSAFE AND SANITARY PLACES OF EMPLOYMENT 49............................................... 45
Air Conditioning 49(A) ......................................................................................... 45
Alleys 49(A) ......................................................................................................... 44
Arena Theatres (Aisles, Ramps, Lights) 49(E), (F) ............................................. 46
Audition Spaces 4(C) ............................................................................................ 7
Cots 49(K) ........................................................................................................... 48
Dressing Rooms (heat, clean linen, lighting, etc.) 49(A),(B) ............................... 45
Drinking Water 49(N)........................................................................................... 48
Fire Exits 49(P).................................................................................................... 48
First Aid Kits 49(L)............................................................................................... 48
Floors for Dancing 49(H) ..................................................................................... 47
Guide Lights 49(F)............................................................................................... 46
Inspection by Equity 49(S) .................................................................................. 48
Medical Services Listing 49(O)............................................................................ 48
Rehearsal Space in Tents 49(C) ......................................................................... 46
Smoke and Fog Effects.49(I)............................................................................... 47
Smoking 4(C)(1)(f), 49(Q) ............................................................................... 7, 48
Stage Manager's Booth 49(A) ............................................................................. 45
Toilet and Lavatory Facilities 49(B) ..................................................................... 45
x
Heading and Rule Number
Page No.
SALARIES 50 ................................................................................................................. 49
Actor 50(A) .......................................................................................................... 49
Actual Salary 50(H) ............................................................................................. 51
Additional Duties 50(F)........................................................................................ 50
Assistant Stage Manager 50(A) .......................................................................... 49
Checks 50(J) ....................................................................................................... 51
Contingent Compensation 50(I) .......................................................................... 51
Cost of Living Increase 50(D).............................................................................. 50
During Illness 30(B)............................................................................................. 28
Extraordinary Risk Payment 50(B) ...................................................................... 49
Full Salary During Rehearsal 50(C) .................................................................... 50
Place and Time of Payment 50(J) ....................................................................... 51
Pre-Production and Post-Production 50(E), 55(C) ......................................... 50,55
Pro-Rating; When Permitted 50(G) ..................................................................... 51
Record of Salary Deductions 50(K)..................................................................... 51
Rehearsal Pay 50(C), (G).................................................................................... 50
Stage Managers 50(A) ........................................................................................ 49
Salary Continuance/Supplemental Workers Compensation 31 ...................................... 28
Security Agreement (Bonding) 51 ................................................................................... 52
Security Deposit for Housing 29(A)(7) ............................................................................ 27
SET MOVES 52 .............................................................................................................. 52
Shoes 13(A),(E) ........................................................................................................ 11, 13
Sick Leave 30(A)............................................................................................................. 28
Singers; Chorus Auditions 4(B)(2)(f), (g)........................................................................... 6
Smoking 4(C)(1)(f), 49(Q) ........................................................................................... 7, 48
Social Security 53 ........................................................................................................... 52
Sound Recording 46, 57(A)....................................................................................... 41, 58
Spot Commercial 57(D)................................................................................................... 59
STAGE FIGHTING 54..................................................................................................... 53
As Extraordinary Risk 54..................................................................................... 53
Rehearsal: After Half-Hour 47(B), 54 ........................................................... 42, 53
STAGE MANAGERS 55 ................................................................................................ 54
Activities Prohibited 55(F) ................................................................................... 57
Assistant Stage Manager 20(C)(1), 35(A), 50(A), (E), (F), 55(C), (D),
55(F)(3), (4), (4), (G) ....................................................... 17, 29, 49, 50, 55, 57, 57
Attendance at Performance & Rehearsals 55(B) ................................................ 55
Booth 49(A) ......................................................................................................... 45
Compensation for Script Preparation 55(C) ........................................................ 55
Duties and Obligations 55(E) .............................................................................. 56
Meal Breaks 55(D) .............................................................................................. 56
Motor Vehicle 55(G) ............................................................................................ 57
Not Permitted to Act 55(A) .................................................................................. 55
Number to be Employed 55................................................................................. 54
Overtime 55(D).................................................................................................... 56
Pre-Production and Post-Production 55(C)......................................................... 55
Prohibited Activities 55(F) ................................................................................... 57
Prohibited from being Dance Captain 17 ............................................................ 15
Responsibility re Company Housing 29(A)(5),55(F)(3) ................................. 26, 57
Salaries 50(A),(C),(E).................................................................................... 49, 50
Services re Transfer of production compensation 55(C)..................................... 55
xi
Heading and Rule Number
Page No.
Taping and Filming 57(A),(B)(1)(b),57(B)(5),57(E)(3),57(G)(3) ........ 58, 59, 60, 62
Time Off 55(D)..................................................................................................... 56
Stage Surface for Dancing 49(H) .................................................................................... 47
Stock Company; Non-Resident 20(C)(3) ........................................................................ 18
Stock Jobbing Contracts; Definition 20(G) ...................................................................... 19
Stock Theatre; Definition 20(C)....................................................................................... 17
Stock Theatre; Loss of Status 20(D) ............................................................................... 19
Strikes 36
................................................................................................................. 32
Strikes; Performances Lost 41(A) ................................................................................... 38
Subsidiary Rights 56 ....................................................................................................... 58
-TTech/Dress Rehearsal 47(D)(2) ...................................................................................... 43
TELEVISING, RECORDING AND MOTION PICTURE 57 ............................................. 58
Approval by Equity 57(A)..................................................................................... 58
Archival Rehearsal Payment 57(G)(4) ................................................................ 62
Archival Rider Required 57(G) ............................................................................ 62
Archival Taping 57(G). ........................................................................................ 62
Cast Vote 57(G)(3). ............................................................................................. 62
During Performance 57(B)(2) .............................................................................. 59
During Rehearsal 57(B)(1) .................................................................................. 58
For Public Relations, Fund raising, Marketing 57(E)........................................... 60
Newscast (3-minute) 57(B).................................................................................. 58
Notice to Cast 57(B)(1)(c), 57(B)(2)(c) ................................................................ 59
Radio Broadcast 57(A), (C) ........................................................................... 58, 59
Spot Commercial 57(D)....................................................................................... 59
Theatres Permitted to Make Archival Reproduction 57(G).................................. 62
Violation 57(B)(6), 57(G)(12)......................................................................... 59, 63
TERMINATION 58 ......................................................................................................... 63
Actor Re-engaged or Replaced 58(N)................................................................. 65
By Actor; After Opening 58(F) ............................................................................. 64
By Actor; Before Rehearsal 58(E)(1), (2), (3)...................................................... 64
By Producer 58(B), 58(E)(4), (F) .................................................................... 63,64
Closing Season 12 .............................................................................................. 11
Deputy 23 ............................................................................................................ 20
Extension of Season 58(G) ................................................................................. 64
For Just Cause 58(D) .......................................................................................... 63
For Military Service 34......................................................................................... 29
Illness or Accident 58(H) ..................................................................................... 64
Notice; How, When to be Given 58(A), (B), (C)................................................... 63
Payment by Actor 58(E)(3),(J)............................................................................. 64
Payment to Actor 58(K) ....................................................................................... 65
Rehearsal After Notice 58(L)............................................................................... 65
Resident Contract for Stock 58(F)(1) .................................................................. 64
Stock Jobbing Contract 58(F)(2) ......................................................................... 64
Transportation Payment by Actor 58(J)............................................................... 65
When Actor Secures New Engagement 58(L) .................................................... 65
Without Payment by Actor 58(E)(1), (2), 58(F)(1), (2)................................... 64, 64
Time Limit; Arbitration 3(A) ............................................................................................... 2
Time Limit; Lodging Claims 11(B) ................................................................................... 11
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Heading and Rule Number
Page No.
Toilet and Lavatory Facilities 49(B)................................................................................. 45
Touring Production - Definition20(E), (H)........................................................................ 19
TRANSPORTATION AND BAGGAGE 59 .................................................................... 66
After Termination by Actor 58(J) ......................................................................... 65
After Termination by Producer 58(I) .................................................................... 65
Air 59(C) .............................................................................................................. 67
Arrival and Departure Expense 59(A)(3) ............................................................. 66
Automobile 59(D) ................................................................................................ 67
Baggage 59(C), (H) ...................................................................................... 67, 69
Between Theatres 59(G) ..................................................................................... 68
Bus 59(E) ............................................................................................................ 67
Consecutive Jobbing Contracts 59(G) ................................................................ 68
Day Coach 59(B)................................................................................................. 67
Day Prior to First Rehearsal 59(A)(4).................................................................. 66
Insurance/Air Travel 59(C) .................................................................................. 67
Local-Provided by Producer 29(B) ...................................................................... 27
Manner and Route 59(A)(1), (7) ................................................................... 66, 66
Night Penalty 59(E)(7), 59(E)(9).......................................................................... 68
Overtime 59(A)(5)................................................................................................ 66
Packages 59(G) .................................................................................................. 68
Payments;Tickets in Advance 59(A)(2) ............................................................... 66
Penalties 59(A)(5), (6), 59(E)(7), (8), (9) ....................................................... 66, 68
Railroad 59(B) ..................................................................................................... 67
Reimbursement 59(A)(2), (3) .............................................................................. 66
Rest Period After Arrival 59(F) ............................................................................ 68
Tickets For 59(A)(2) ............................................................................................ 66
Travel on First Day of Rehearsal 59(A)(5) .......................................................... 66
-UUnemployment Insurance 53 .......................................................................................... 52
Union Emblem 60............................................................................................................ 69
Unit Attraction, Definition 20(E)....................................................................................... 19
Union Security/Dues and Initiation Fees 61 ................................................................... 69
-VVacations 62 ................................................................................................................. 70
Valuables 45 ................................................................................................................. 41
Voluntary Classes 63 ...................................................................................................... 70
Voting by Equity Company Members 64......................................................................... 70
-WWAIVERS
Claims 11(A)........................................................................................................ 11
Contract 15(A) .................................................................................................... 14
Wardrobe 13 ................................................................................................................. 11
Weekly Report 48(B)....................................................................................................... 44
Wigs 13(A)
................................................................................................................. 11
Worker's Compensation 0............................................................................................... 28
W-2 Forms 48(A)............................................................................................................. 44
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