Kansas city ballet/american guild of musical artists - Basic agreement - July 1, 2007 through June 30th 2011
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
KANSAS CITY BALLET/AMERICAN GUILD OF MUSICAL ARTISTS
BASIC AGREEMENT
July 1, 2007 through June 30th 2011TABLE OF CONTENTS
SECTION I. THE AGREEMENT................................................................................................8
A. TITLE OF AGREEMENT: ........................................................................................8
B. TERM OF AGREEMENT..........................................................................................8
C. SEVERABILITY .........................................................................................................8
SECTION II. DEFINITIONS .......................................................................................................9
A. APPRENTICE ARTIST..............................................................................................9
B. ARTIST –......................................................................................................................9
C. ARTIST ACTIVITY....................................................................................................9
D. STUDENT APPRENTICE........................................................................................10
E. CITY OF ORIGINATION –.....................................................................................10
F. COMPANY CLASS –................................................................................................10
G. COMPANY ARTIST –..............................................................................................10
H. DELEGATE ...............................................................................................................10
I. DRESS REHEARSAL...............................................................................................10
J. EMERGENCY REHEARSAL – ..............................................................................11
K. EXTRAORDINARY RISK.......................................................................................11
L. FREE DAY – ..............................................................................................................12
M. INTERMISSION –.....................................................................................................12
N. MASTER CLASS – ...................................................................................................13
O. NEW ARTIST – .........................................................................................................13
P. OVERTIME – ............................................................................................................13
Q. PENALTY – ...............................................................................................................13
R. PERFORMANCE – ...................................................................................................13
1S. PERFORMANCE SERIES –....................................................................................14
T. PERFORMANCE WEEK –......................................................................................14
U. REHEARSAL ASSISTANT (RA) - BALLET
MASTER/MISTRESS – .....................................................................................................14
V. REHEARSAL WEEK – ............................................................................................14
W. REST TIME – ............................................................................................................15
X. RUN-OUTS –..............................................................................................................15
Y. SENIORITY – ............................................................................................................15
Z. SPACING REHEARSAL –.......................................................................................15
AA. SUPPLEMENTAL ARTIST –..................................................................................15
BB. WARM-UP – ..............................................................................................................15
CC. WEEK – ......................................................................................................................15
SECTION III. GENERAL PROVISIONS ................................................................................16
A. APPLICATION OF BENEFITS ..............................................................................16
B. AGMA RECOGNIZED.............................................................................................17
C. MANAGEMENT RIGHTS.......................................................................................17
D. INDIVIDUAL ARTIST CONTRACT .....................................................................17
E. LOWERING OF MINIMUMS AND WAIVERS PROHIBITED ........................17
F. DELEGATE ACCESS ..............................................................................................19
G. BOARD OF DIRECTORS........................................................................................19
H. JOINT COMMITTEE...............................................................................................19
I. REPRESENTATION ................................................................................................20
J. AGMA REPRESENTATIVE: ADMISSION TO PREMISES.............................20
K. AGMA BULLETIN BOARD....................................................................................20
L. CONTRIBUTION TO EMPLOYER PROHIBITED ............................................21
M. PAYMENT OF SALARIES......................................................................................21
2N SECURITY DEPOSIT/BOND..................................................................................22
O NON-PAYMENT OR PARTIAL PAYMENT OF SALARIES ............................22
P. DEDUCTIONS...........................................................................................................23
Q. SOCIAL SECURITY, WORKERS’ COMPENSATION FUND,
DISABILITY.......................................................................................................................24
R. ARBITRATION.........................................................................................................25
S. LOCKOUTS AND STRIKES...................................................................................26
T. FORCE MAJEURE...................................................................................................26
U. NOTICES....................................................................................................................26
V. ABSENCE OF MANAGER ......................................................................................27
W. SAFEKEEPING OF VALUABLES.........................................................................27
X. GOVERNING LAW..................................................................................................27
Y. DISCRIMINATION FORBIDDEN .........................................................................27
Z. SEGREGATION........................................................................................................27
AA. HARMONIOUS WORKPLACE .............................................................................27
SECTION IV. EMPLOYMENT CONDITIONS......................................................................28
A. EMPLOYMENT PROVISIONS ..............................................................................28
1. Guaranteed Employment .................................................................................. 28
2. Guaranteed Employees ..................................................................................... 28
3. Supplemental ARTISTS ................................................................................... 29
4. Additional Performers....................................................................................... 30
5. Reengagement................................................................................................... 30
B. LAYOFFS...................................................................................................................31
C. ADDITIONAL WORK .............................................................................................31
D. GUESTING ................................................................................................................32
E. TEMPORARY RELEASE FROM CONTRACT...................................................33
F. DISCIPLINE ..............................................................................................................33
SECTION V. COMPENSATION & BENEFITS......................................................................34
3B. MINIMUM WEEKLY COMPENSATION ............................................................34
1. Rehearsal and Performance Weeks Compensation........................................... 34
2. Determination of ARTIST’S Rehearsal and Performance Weeks Compensation
34
3. Seniority............................................................................................................ 35
4. Promotion.......................................................................................................... 35
5. Supplemental Artists......................................................................................... 36
6. Retroactivity...................................................................................................... 36
C. ADDITIONAL COMPENSATION .........................................................................36
1. Delegate Compensation .................................................................................... 36
2. Overtime ........................................................................................................... 36
3. Penalty............................................................................................................... 37
4. Extraordinary Risk ............................................................................................ 37
5. Rehearsal Assistant - Ballet Master/Mistress Fee............................................. 37
6. Master Class...................................................................................................... 37
7. Singing and Speaking Roles ............................................................................. 37
8. Parking .............................................................................................................. 37
D. CHOREOGRAPHERS CONTRACT FOR COMPANY ARTISTS ....................38
E. BENEFITS..................................................................................................................38
1. Medical Coverage ............................................................................................. 38
2. Life Insurance ................................................................................................... 39
3. Retirement Plan................................................................................................. 39
4. 125 Cafeteria Plan............................................................................................. 40
F. PHYSICAL MAINTENANCE .................................................................................40
1. Physical Therapy services................................................................................. 40
G. REIMBURSEMENT .................................................................................................41
H. LEAVES......................................................................................................................41
1. Sick Leave......................................................................................................... 41
2. Bereavement Leave........................................................................................... 42
3. Jury Duty........................................................................................................... 42
4. Medical Leaves of Absence .............................................................................. 42
I. COMPLIMENTARY TICKETS..............................................................................44
SECTION VI. ARTISTIC ACTIVITIES...................................................................................46
A. REHEARSAL WEEKS .............................................................................................46
1. Work Hours....................................................................................................... 46
2. Rest Time .......................................................................................................... 46
B. PERFORMANCE WEEKS ......................................................................................47
1. Work Hours....................................................................................................... 47
42. Rest Time .......................................................................................................... 48
C. FREE DAYS ...............................................................................................................50
D. HOLIDAYS ................................................................................................................50
E. GENERAL CONDITIONS FOR REHEARSALS IN
REHEARSAL AND PERFORMANCE WEEKS............................................................51
F. GENERAL CONDITIONS FOR PERFORMANCES...........................................52
1. Sign-In Requirement......................................................................................... 52
2. “Calls”............................................................................................................... 52
3. Intermissions/Pauses ......................................................................................... 53
G. ADDITIONAL CONDITIONS FOR SPECIAL
PERFORMANCES.............................................................................................................53
1. Lecture Demonstrations .................................................................................... 53
2. “Ballet in the Park” ...................................................................................................54
H. COMPANY CLASS/WARM UP..............................................................................55
1. Company Class ................................................................................................. 55
2. Warm-up ........................................................................................................... 55
I. COSTUME FITTINGS .............................................................................................55
SECTION VII. POSTINGS ........................................................................................................57
A. ROLE ASSIGNMENT ..............................................................................................57
B. POSTING OF SCHEDULES....................................................................................57
SECTION VIII. COSTUMES, SHOES, WIGS AND MAKE-UP ..........................................59
A. COSTUMES PROVIDED.........................................................................................59
B. TRANSPORTING .....................................................................................................59
C. PRACTICE TUTUS ..................................................................................................59
D. DISTRIBUTION ........................................................................................................59
E. CLEANING ................................................................................................................59
F. PERFORMANCE ACCESSORIES.........................................................................59
G. SHOES ........................................................................................................................60
1. Pointe Shoes...................................................................................................... 60
2. Ballet Slippers................................................................................................... 60
53. Specialty Shoes ................................................................................................. 60
4. Dyed Shoes ....................................................................................................... 60
5. Shoe Orders....................................................................................................... 61
6. Layoff Shoes ..................................................................................................... 61
SECTION IX. TRAVEL .............................................................................................................62
A. Tours and Run outs ...................................................................................................62
SECTION X. HEALTH AND SAFETY ....................................................................................63
A. GENERAL..................................................................................................................63
B. REHEARSAL AND PERFORMANCE FACILITIES ..........................................63
C. THEATER CONDITIONS .......................................................................................65
F. STAGE CONDITIONS .............................................................................................65
G. FLOOR CONDITIONS ............................................................................................66
H. SPECIAL APPARATUS ...........................................................................................67
I. HAZARDOUS SUBSTANCES.................................................................................67
SECTION XI. MEDIA/PUBLICITY/PROMOTIONAL MATERIAL..................................68
A. PROGRAM LISTING/PUBLICITY MATERIAL ................................................68
B. FILMING, BROADCASTING, TELEVISION, ETC............................................68
1. Archival/Study Tapes........................................................................................ 69
2. Filming of Performance or Rehearsal for Television News Release................ 70
3. Commercial Recording/Side letter.................................................................... 71
C. PHOTOGRAPHY......................................................................................................72
EXHIBIT "A" DANCER’S CONTRACT FORM ..........................................................74
EXHIBIT “B”......................................................................................................................78
REGULATIONS FOR SAFETY WITH SWORDS, KNIVES, FIRE
AND FIREARMS (or other props used as weapons) ......................................................78
EXHIBIT “C” GUESTING REQUEST FORM ..............................................................81
EXHIBIT “D” AGMA RELEASE AGREEMENT.........................................................82
EXHIBIT “E” COSTUME & SUPPLY REQUEST FORM ..........................................83
6EXHIBIT “F” PHOTOGRAPHY AGREEMENT..........................................................84
Side Letter ...........................................................................................................................85
Re: Character Roles performed by KCB staff.................................................................85
Side Letter ...........................................................................................................................86
Re: Two (2) consecutive Six (6) day Performance Weeks during
Nutcracker...........................................................................................................................86
Side Letter ...........................................................................................................................87
Re: Workers’ Compensation Doctors ...............................................................................87
Side Letter ...........................................................................................................................88
Re: Hey, Hay Goin’ to Kansas City ..................................................................................88
Appendix 1...........................................................................................................................89
ARTISTS’ Seniority ...........................................................................................................89
7KANSAS CITY BALLET/AMERICAN GUILD OF MUSICAL ARTISTS
BASIC AGREEMENT
AGREEMENT made, executed, and delivered in the city of Kansas City, County of
Kansas City, and State of Missouri, this 1st day of July, 2007, by and between the
AMERICAN GUILD OF MUSICAL ARTISTS, a membership corporation organized
and existing under and by virtue of the laws of the State of New York and having its
principal office at 1430 Broadway, New York, New York 10018 (hereinafter “AGMA”)
and Kansas City Ballet, a non-profit corporation organized under the laws of the State of
Missouri, having its principal place of business at 1616 Broadway Street, Kansas City,
Missouri 64108-1208 (hereinafter “EMPLOYER”).
W I T N E S S E T H:
In consideration of the mutual agreements herein contained, the parties agree as follows:
SECTION I. THE AGREEMENT
A. TITLE OF AGREEMENT:
This Agreement shall be known as the Agreement and shall be binding upon and
shall inure to the benefit of the signatories hereto and upon any affiliates,
subsidiaries, assignees or any entity or person associated in any manner with the
EMPLOYER, directly or indirectly, or through agents or independent contractors.
B. TERM OF AGREEMENT
The term of this Agreement covering rehearsal and performance periods shall be
effective as of July 1st, 2007, and shall continue in effect through June 30th, 2011.
The first year will end on June 30th, 2008. All contracts with ARTISTS which
expire after that date shall be deemed subject to such new Agreement as may be
entered into between AGMA and the EMPLOYER for the next or succeeding
contract year.
C. SEVERABILITY
If any provision of this Agreement shall be held invalid under existing or future
Missouri or Federal law, it shall be deemed separable from the remainder of this
Agreement, and it shall not affect the validity of any other provision thereof.
8SECTION II. DEFINITIONS
Whenever used in this Agreement, unless otherwise provided:
A. APPRENTICE ARTIST –
1. APPRENTICE ARTIST shall be defined as an ARTIST so designated by
the Individual Artist’s Contract and/or public announcement, programs or
other literature issued by the EMPLOYER. ARTISTS may be initially
engaged as an Apprentice I and may then be engaged and, if so engaged,
may be engaged as Apprentice II in his second year of employment,
provided, however, that an ARTIST who has been engaged as an
Apprentice for twenty (20) weeks or more at a ballet company whose
ARTISTS are represented by AGMA shall be initially engaged at a Level
no less than an Apprentice II and provided further that an ARTIST who
has been engaged as a Dancer above the Level of Apprentice for twenty
(20) weeks or more at a ballet company whose ARTISTS are represented
by AGMA shall be initially engaged at a Level no less than a New Artist.
2. Unless twenty six (26) or more Dancers are engaged at the Level of New
Artist or above, no Apprentices may be engaged. If twenty six (26)
through twenty eight (28) Dancers are engaged at the Level of New Artist
or above, four (4) Apprentices may be engaged. If twenty nine (29)
through thirty two (32) Dancers are engaged at the Level of New Artist or
above, five (5) Apprentices may be engaged. If thirty three (33) or more
Dancers are engaged at the Level of New Artist or above, six (6)
Apprentices may be engaged.
B. ARTIST –
ARTIST shall be defined as COMPANY ARTISTS, and SUPPLEMENTAL
ARTISTS engaged by the EMPLOYER, but shall not include students of Kansas
City Ballet School or students from the University of Missouri, Kansas City,
provided, however, that all students shall be utilized only in accordance with the
terms of this Basic Agreement.
C. ARTIST ACTIVITY –
ARTIST ACTIVITY shall be defined as, without limitation:
1. Any Performance (including School Performances), rehearsal, lecture
demonstration, notes, make-up call, wigs or costume call, costume fitting,
photo or interview, Run-Out, tour or travel counted from the time when
the ARTIST is required to be present.
2. The EMPLOYER shall compensate ARTIST for any activity in which
ARTIST is required to participate.
9D. STUDENT APPRENTICE–
STUDENT APPRENTICE shall be defined as a student with Kansas City Ballet
School, who may participate in an ARTIST ACTIVITY as outlined in Section IV.
A. 4. of this Agreement.
E. CITY OF ORIGINATION –
CITY OF ORIGINATION shall be defined as Kansas City, Missouri. An
engagement will be considered outside the City of Origination if such engagement
takes place more than a radius of forty five (45) miles from the Kansas City Ballet
studios.
F. COMPANY CLASS –
COMPANY CLASS shall be defined as a class for the purpose of maintaining and
improving ARTISTS’ craft and preparing for the day’s work. Company Class is
not mandatory and ARTISTS shall not be required to attend Company Class.
G. COMPANY ARTIST –
COMPANY ARTIST shall be defined as an ARTIST who has been engaged on a
guaranteed employment basis in accordance with Section IV. A. 1. of this Basic
Agreement.
H. DELEGATE
DELEGATE shall be defined as an ARTIST elected by the ARTISTS to serve as
a liaison between ARTISTS, AGMA, and EMPLOYER.
I. DRESS REHEARSAL
DRESS REHEARSAL shall be defined as an ARTIST Activity in which the
following elements are utilized:
1. Scenery, lighting, props and costumes;
2. Full orchestra or performance music;
3. All performing ARTISTS appear in full costume and/or make-up,
and which;
4. May include an invited audience;
5. No printed program or announcement stating cast or program credits or
promotion as a performance is utilized unless an announcement that this is a
10dress rehearsal and a description of the parameters of a dress rehearsal is
made; and
6. The EMPLOYER, absent unforeseen circumstances, runs as a performance
and in performance order with the following conditions:
a. Intermissions and pauses will occur as in the actual performance;
b. There are no notes given to an ARTIST during Intermissions unless
such ARTIST has made his final appearance on stage, or unless
related to a safety issue; and
c. Notes may be posted for ARTIST’S review.
J. EMERGENCY REHEARSAL –
EMERGENCY REHEARSAL is defined as a rehearsal necessitated by the
inability of an ARTIST to appear in a performance and when no appropriate
second or alternative cast is available. Emergency Rehearsals shall include
circumstances or events of which the EMPLOYER had not been advised more
than forty-eight (48) hours in advance. When the ARTIST is unable to give the
EMPLOYER twenty-four (24) hours’ notice, the EMPLOYER may change the
rehearsal schedule only on a performance day or a Dress Rehearsal day. Any such
change shall be posted no later than two (2) hours after the EMPLOYER is
informed about the emergency or no later than by class time on the next day if
such notice is received after two (2) hours prior to the end of the work day.
In the event there are no rehearsal hours between said performance and the
performance which is thereby affected, the EMPLOYER may call a spacing or
mark-through rehearsal at the half (½) hour call or during intermission during a
performance.
An Emergency Rehearsal that can be scheduled without changing the ARTIST’S
originally scheduled rehearsal time, as stated on the daily schedule, shall not
accrue additional pay. Other Emergency Rehearsals shall be compensated at the
Overtime rate.
K. EXTRAORDINARY RISK
1. The following constitute Extraordinary Risk:
a. suspension from trapeze, wire, or like contrivance where the
ARTIST’S feet are more than four (4) feet above stage floor;
b. performing on stilts or like devices which place ARTIST’S feet
more than four (4) feet above stage floor;
11c. falling or landing on anything other than the ARTIST’S own feet
from any surface above the stage floor (for example, rolling
backwards down steps);
d. jumping from any surface more than four (4) feet above stage
floor, even if the ARTIST lands on his own feet;
e. any other form of high risk feat endangering ARTISTS to injury as
mutually determined by the Joint Committee prior to the first
performance.
2. If proper and adequate precautions are not designed and supervised to the
satisfaction of the Joint Committee, the following shall constitute
“Extraordinary Risk”:
a. operating explosive or pyrotechnic devices;
b. handling fire or performing near or around fire.
3. It shall be an Extraordinary Risk when an ARTIST without adequate
rehearsal time performs using any device which obscures vision. The
adequacy of rehearsal time shall be determined by the EMPLOYER and
the Delegates.
4. Notwithstanding the foregoing, performing on any construction or
apparatus (e.g. platform built above the stage floor or orchestra pit),
regardless of height, shall not be considered Extraordinary Risk if it is of
such stability, width and protective danceability and having such railings
as may be necessary so as to assure the safety of the ARTISTS as mutually
determined by the Joint Committee.
5. If the conditions of Exhibit B, Regulation for Safety with Swords, Knives,
Fire and Firearms are met by the EMPLOYER, the use of sharp weapons,
swords, and/or other props used as weapons, shall not ordinarily be
considered Extraordinary Risk.
L. FREE DAY –
FREE DAY shall be defined as a period of at least twenty-four (24) consecutive
hours commencing midnight, thirteen (13) hours after the conclusion of a
Performance if the last Artistic Activity prior to the Free Day was a Performance,
and ending 10:00AM of the second day, during which the ARTIST shall not be
required, or allowed to volunteer without the consent of AGMA, to perform or
execute any ARTIST Activities. The Free Day shall not be interrupted by photo
calls, costume fittings or any other ARTIST Activity.
M. INTERMISSION –
12INTERMISSION is a break in a performance of fifteen (15) minutes or more.
The EMPLOYER shall determine when an Intermission shall take place.
N. MASTER CLASS –
MASTER CLASS shall be defined as a teaching activity in which an ARTIST is
compensated above and beyond his weekly compensation to teach non-company
members within the profession on behalf of the EMPLOYER.
O. NEW ARTIST –
NEW ARTIST shall be defined as an ARTIST, so designated by the Individual
Artist’s Contract and/or public announcement, programs or other literature issued
by the EMPLOYER. EMPLOYER may designate an ARTIST as a NEW ARTIST
notwithstanding the ARTIST having danced previously as an Apprentice with the
EMPLOYER or another professional dance company. An ARTIST shall not be
considered a NEW ARTIST because of an erroneous or inadvertent designation as
such in any company announcement or literature.
P. OVERTIME –
OVERTIME shall be defined as the rate to be paid in designated circumstances as
follows: The ARTIST’S actual weekly compensation divided by thirty (30) times
one and one-half (1 ½). Overtime will be accrued in one half (1/2) hour
increments.
Q. PENALTY –
PENALTY shall be defined as the rate to be paid in designated circumstances as
follows: The ARTIST’S actual weekly compensation divided by thirty (30) times
two (2). Penalties will be accrued in one half (1/2) hour increments.
R. PERFORMANCE –
PERFORMANCE shall be defined as an appearance which does not exceed three
and one-half (3 ½) hours, inclusive of the half (1/2) hour call, unless unforeseen,
emergency circumstances require an additional 15 minutes, which constitutes
three (3) hours of Artistic Activity and which includes all of the following
elements:
1. ARTISTS appear one-half (½) hour before posted performance time;
2. All performing ARTISTS appear in full costume and make-up;
3. Scenery, lighting, props and costumes are utilized;
4. Full orchestra or performance music is utilized;
135. There is a paying audience;
6. The program is presented in full.
S. PERFORMANCE SERIES –
PERFORMANCE SERIES shall be defined as a run of Performances of a full
length ballet and/or a mixed bill, separated by Rehearsal Weeks, during a contract
year.
T. PERFORMANCE WEEK –
PERFORMANCE WEEK shall be defined as a week commencing on Monday
and ending on Sunday, during which at least one (1) Performance, other than a
Lecture Demonstration in the City of Origination, is given.
U. REHEARSAL ASSISTANT (RA) - BALLET MASTER/MISTRESS –
REHEARSAL ASSISTANT (RA) - BALLET MASTER/MISTRESS shall be
defined as an ARTIST who may be invited by the Artistic Staff to serve as a
Rehearsal Assistant - Ballet Master/Mistress formally or informally for a new or
existing work. ARTISTS may decline or accept the invitation to serve as RA for
any reason. Should an ARTIST accept the designation as RA, such designation
shall be posted on the callboard prior to the first rehearsal of the work for which
they have been designated. In addition their name shall appear on the daily
schedule for those rehearsals in which they are expected to fulfill the role of RA.
Reporting to the Artistic Staff, the duties of a Rehearsal Assistant - Ballet
Master/Mistress may include:
1. Working with the Artistic Staff and/or Choreographer’s designate to set,
restage or teach choreography to others;
2. In the absence of a Ballet Master/Mistress, take charge of scheduled
rehearsals.
3. ARTIST designated as RA will have access to tapes, performance video
and other documentation.
4. For services set forth in this subparagraph the ARTIST shall be
compensated at the Rehearsal Assistant - Ballet Master/Mistress fee
defined in Section V.B.5. of the agreement. Such services shall be
scheduled and paid for in half-hour (1/2 hour) increments. Payment is in
addition to the contracted weekly salary and does not count against any
otherwise applicable Overtime or Penalty payments due to the ARTIST.
V. REHEARSAL WEEK –
14REHEARSAL WEEK shall be defined as a week commencing on Monday and
ending on Sunday and shall consist of five (5) days of rehearsal plus two (2) Free
Days
W. REST TIME –
REST TIME shall be defined as a span of time in which no Artist Activity is
required.
X. RUN-OUTS –
RUN-OUTS shall be defined as an Artist Activity in which an ARTIST is required
to perform outside the City of Origination, but the ARTIST is not required to stay
overnight.
Y. SENIORITY –
SENIORITY shall be defined as an ARTIST who has been engaged by the
EMPLOYER for twenty (20) weeks or more during any one (1) contract year
earns one (1) year of Seniority for all purposes as set forth in this Agreement.
Z. SPACING REHEARSAL –
SPACING REHEARSAL shall be defined as an on-stage walk through/talk-
through of the physical spacing of all traffic patterns and formations of a dance
piece prior to a run through.
AA. SUPPLEMENTAL ARTIST –
SUPPLEMENTAL ARTIST shall be defined as an ARTIST, engaged on a weekly
basis but not on a guaranteed employment basis, and who has been so designated
by the EMPLOYER in the Individual Artist’s Contract for employment. A copy
of said contract shall be provided to AGMA. Supplemental Artist shall be
engaged at a weekly salary no lower than Level A, provided that Supplemental
Artists engaged to rehearse or perform roles other than featured roles (commonly
referred to as corps roles) may be engaged at the Apprentice I Level.
BB. WARM-UP –
WARM-UP shall be defined as an optional thirty (30) to seventy five (75) minute
class given for the purpose of preparing for a Performance or rehearsal. Warm Up
is not mandatory and ARTISTS shall not be required to attend Warm Up.
CC. WEEK –
WEEK shall be defined as a period of seven (7) days starting on a Monday and
ending on a Sunday.
15SECTION III. GENERAL PROVISIONS
A. APPLICATION OF BENEFITS
1. The EMPLOYER agrees that the provisions of this Agreement shall apply
to and inure to the benefit of all ARTISTS employed or otherwise engaged
by the EMPLOYER, or its successors, affiliates, subsidiaries, assignees or
any entity or person associated in any manner with the EMPLOYER,
directly or indirectly, or through agents or independent contractors,
notwithstanding anything herein to the contrary. Whenever there shall be
used in this Agreement any phrase which may imply a more restricted
meaning, such as, for example, “ARTISTS employed by the
EMPLOYER” such phrase shall be deemed to mean “ALL ARTISTS
employed or otherwise engaged by the EMPLOYER, or by an affiliate or
subsidiary of the EMPLOYER, its successors, affiliates, subsidiaries,
assignees or any entity or person associated in any manner with the
EMPLOYER, directly or indirectly, or through agents or independent
contractors.”
2. The parties agree that a student who performs a child’s or student’s role in
EMPLOYER’S productions and who is a Kansas City Ballet School
student or student of some other program is not covered by this
Agreement. With the exception of the Nutcracker, the parties further
agree that a Student Apprentice who rehearses or performs in
EMPLOYER’S productions shall be compensated at the EMPLOYER’S
established pay and benefits rate, is otherwise covered by this Agreement.
If the total number of weeks within which a Student Apprentice is engaged
in Kansas City Ballet Artist Activity equals twenty (20) weeks or more,
the Student Apprentice shall receive benefits under this Agreement
beginning with the 21st week. Each day on which a Student Apprentice is
engaged as a rehearsal cover, replaces an ARTIST in a rehearsal, shall
constitute one-fifth (1/5) of a week of engagement. With the exception of
the Nutcracker, if a Student Apprentice performs in EMPLOYER’S
production, the Student Apprentice shall be deemed engaged for the
totality of all Rehearsal and Performance Weeks for that production.
Nothing in this paragraph is intended to, nor shall it be interpreted as, in
any way reducing the working conditions and wages EMPLOYER has
been providing Student Apprentices.
3. For the Nutcracker only, the parties agree that students from the
University of Missouri, Kansas City, but no more than six (6), may be
utilized to rehearse and perform without being subject to the terms of this
Basic Agreement. AGMA further agrees that it will not unreasonably
refuse to grant a waiver to permit students to be utilized in other full
evening ballets.
4. AGMA agrees that it is and will continue to be an open union and will
keep its membership rolls open and will admit to membership all
16ARTISTS engaged by the EMPLOYER and will not impose unreasonable
entrance fees or dues upon its members; provided, however, nothing
contained in this Agreement shall be deemed to limit the right of AGMA
to suspend, expel, otherwise discipline or to refuse to admit to
membership or readmit a member, pursuant to the rules, regulations,
Constitution and By-Laws of AGMA, and provided, further, that nothing
contained herein shall require the EMPLOYER to discharge or refuse to
engage any ARTIST by reason of an action of AGMA which is in
violation of the Labor Management Relations Act.
B. AGMA RECOGNIZED
The EMPLOYER hereby recognizes AGMA as the exclusive collective
bargaining agent for all ARTISTS, (all herein referred to individually or
collectively as “ARTIST” or “ARTISTS”) employed by the EMPLOYER,
C. MANAGEMENT RIGHTS
Subject only to the express provisions of this Agreement, the EMPLOYER retains
the full right to maintain, direct and control in its sole discretion each and every
aspect of operations of the Company including, but not limited to, establishing
reasonable rules to govern the conduct of the ARTISTS. The ARTISTS shall be
informed of the rule as they are adopted. It is further recognized by AGMA that
all artistic decisions remain exclusively with the EMPLOYER and are not subject
to the grievance arbitration procedures established by the Agreement.
D. INDIVIDUAL ARTIST CONTRACT
No ARTIST may take part in any Performances or rehearsals or do any work in
preparation for a production without first signing an Individual Artist’s Contract
(Exhibit “A”) with the EMPLOYER. The Individual Artist’s Contract shall state
the ARTIST’S designation as Company Artist or Supplemental Artist, weekly
Compensation, dancer Level and years of Seniority. All contracts and agreements
made by the EMPLOYER with the ARTISTS employed under this Agreement
shall conform in every respect to all the provisions of this Agreement and be
distributed as follows: one copy for the ARTIST, one for the EMPLOYER, one
for the AGMA National Office in New York and one for the AGMA Health and
Retirement Office. AGMA’S copies shall be kept confidential by AGMA and
available only (a) for AGMA’S routine and necessary use (b) when a dispute
arises under the Contract or (c) as subpoenaed by a court or other legal entity
having jurisdiction.
Exhibit “A” attached hereto is the Individual Artist’s Contract, approved by
AGMA and to be entered into by the EMPLOYER with each ARTIST, subject to
such additions thereto and modifications thereof as may be agreeable to the
ARTIST and to AGMA but in no event inconsistent with this Agreement or less
favorable to such ARTIST.
E. LOWERING OF MINIMUMS AND WAIVERS PROHIBITED
171. The EMPLOYER agrees that the minimum terms and conditions
governing the employment of ARTISTS by the EMPLOYER are those
contained herein, and the EMPLOYER further agrees that it will not enter
into any contract with or employ any ARTIST upon terms and conditions
less favorable to the ARTIST than those set forth herein. The EMPLOYER
agrees that no waiver by an ARTIST of any provision of this Agreement or
any contract between any ARTIST and the EMPLOYER shall be
requested by the EMPLOYER of an ARTIST or Delegate, individually or
as a group, or be effective unless the written consent of AGMA to the
making of such request or such waiver is first had and obtained. The
EMPLOYER further agrees that nothing in this Agreement shall be
deemed to prevent any ARTIST from negotiating for or obtaining better
terms than the minimum terms provided for herein. In any case, however,
no agreement or contract between the EMPLOYER and any ARTIST,
whether or not such agreement or contract contains such better terms, shall
be binding upon the ARTIST unless such agreement or contract is in
writing and approved by AGMA in writing.
2. Failure of AGMA or the ARTIST, to insist upon the strict enforcement of
any of the provisions of this Agreement shall not be deemed a waiver of
any rights or remedies that AGMA and the ARTIST may have and shall
not be deemed a waiver of any subsequent breach or default on the part of
the EMPLOYER.
3. EMPLOYER may request and be granted by AGMA, not by any
ARTISTS or any Delegate, waiver of specific provisions of this
Agreement. As of the date of this Agreement, AGMA’S current procedure
for considering waiver requests is as follows;
a. All requests for waivers must be addressed to the AGMA, Area
Representative and each Delegate. The request should specify:
i. The extraordinary reason for the request, in detail and with
specificity;
ii. The facts, time, dates, duration and circumstances relating
to the waiver being sought;
iii. The corresponding waivers, if any, sought from (and/or
granted by) other unions representing employees of the
company involved in the production.
b. Such request shall be submitted well in advance of the need for
action by AGMA. If less than sixty (60) days advance notice is
given, the waiver request must state reasons causing the shorter
notice.
Upon receipt of the EMPLOYER’S waiver request in compliance with all
of the foregoing, AGMA will process it accordingly. Any lack on
18the part of AGMA to respond to a waiver request, should not in any
way be interpreted as giving consent to the request.
F. DELEGATE ACCESS
Delegates shall have access to all areas in which an Artist Activity occurs and
shall have access to individuals and information relevant to insure compliance
with this Agreement. A Delegate is not an agent of AGMA for purposes of
waiving provisions of this Agreement or entering into any legal enforceable
agreement on behalf of AGMA or any individual ARTIST.
G. BOARD OF DIRECTORS
When a representative of AGMA desires to meet with or address the Board of
Directors and/or Executive Committee of the EMPLOYER, such request shall be
made in writing to the Executive Director, outlining the issue or issues to be
discussed. The Executive Director shall forward this request to the appropriate
officer of the Board of Directors.
H. JOINT COMMITTEE
The Joint Committee shall consist of representatives of the EMPLOYER,
ARTISTS designated by AGMA as the delegates and an AGMA representative by
teleconference or otherwise.
1. A Joint Committee shall be established to discuss and resolve specific
issues which arise during the term of this Agreement. The Committee’s
purpose will be to develop appropriate procedures to prevent problems and
address existing issues. This Committee will operate as follows
2. Whenever mutual consent of the Joint Committee is prescribed in this
Agreement, the EMPLOYER and AGMA shall each have one (1) vote and
the results of the vote must be unanimous.
3. The Joint Committee will meet on an as needed basis, but no less than
once every six (6) work-weeks, to review problems and potential
problems, concerns relating to terms and conditions of employment or
other relevant concerns of the ARTISTS or the EMPLOYER. The first
meeting will be within thirty (30) days from ratification of this Agreement
and each succeeding meeting will be scheduled at the prior meeting.
4. Notwithstanding the establishment of the Joint Committee, the AGMA
Delegates shall continue their role as liaison between the EMPLOYER,
the ARTISTS and AGMA as required by the needs of the parties and
consistent with past practice. The EMPLOYER shall not request nor
expect any Delegate or other ARTIST to approve any waiver or
modification of this Agreement. Delegates and ARTISTS do not have
authority to grant any waivers and all such requests must be made directly
to the appropriate AGMA staff representative.
195. These Joint Committee meetings will be held outside the normal workday,
the times to be decided by mutual agreement of the EMPLOYER and
AGMA.
I. REPRESENTATION
1. AGMA shall designate no more than four (4) Company ARTISTS (as
defined in Section II.H. of this agreement) as Delegates, one of whom, to
be the AGMA health and safety representative and will serve on the
EMPLOYER’S health and safety committee in this capacity. Delegates
shall have access to all areas in which an Artist Activity occurs and shall
have access to individuals and information relevant to insure compliance
with this Agreement. A Delegate is not an agent of AGMA for purposes
of waiving provisions of this Agreement or entering into any legal
enforceable agreement on behalf of AGMA or any individual ARTIST.
2. The EMPLOYER will provide one (1) hour of company time during the
first month of the contract year for shop meetings, in order that AGMA
members can elect Delegates and members of the Joint Committee and so
that AGMA can acquaint the members with the provisions of this
Agreement. In addition, subject to the requirements of rehearsal and
performance, EMPLOYER agrees to set aside an additional hour of
company time at the request of AGMA, upon the completion of The
Nutcracker and yet another additional hour after the letters of engagement
have been issued by the EMPLOYER. Time assigned pursuant to this
paragraph shall not be included in the computation of overtime.
3. The EMPLOYER shall make best efforts to accommodate the
attendance/participation of ARTISTS to attend AGMA meetings via
teleconferences.
J. AGMA REPRESENTATIVE: ADMISSION TO PREMISES
Any officer, Delegate or duly authorized representative of AGMA shall be
admitted to the premises of the EMPLOYER, or such other place where the
ARTISTS rehearse, perform or provide any other service for the EMPLOYER,
for the purpose of verifying compliance with this Agreement, investigating and
adjusting grievances, determining terms and conditions of employment, and to
conduct AGMA business. As required by law, the EMPLOYER agrees to
cooperate with such AGMA representative in dealing with all matters pertaining
to this Agreement and to any other official business of AGMA as the exclusive
bargaining agent of ARTISTS.
K. AGMA BULLETIN BOARD
The EMPLOYER shall designate a prominent, well-lit area of its premises, well
traveled by the ARTISTS and not the public, for AGMA to place and maintain the
AGMA bulletin board, which shall be no less than three (3) feet by two and one-
20half (2 ½ ) feet in size. AGMA in its sole discretion shall determine the contents
of such Board, but it is intended to include union information, pending grievances
and/or arbitrations, audition notices, election nomination information, information
of workplace issues of concern to ARTISTS, and any and all other information
deemed appropriate by AGMA. Any posting of material the EMPLOYER
believes to be objectionable will be brought to the attention of the Delegates and
AGMA. If the EMPLOYER and AGMA cannot resolve the issue, the posting
will be removed pending resolution at the next Joint Committee meeting. Any
unresolved dispute is subject to the Arbitration provisions of the Basic
Agreement.
L. CONTRIBUTION TO EMPLOYER PROHIBITED
1. No officer, director, employee or agent/manager of the EMPLOYER and
no person who occupies the relationship of independent contractor to the
EMPLOYER shall act as manager, agent or personal representative of any
member of AGMA or receive, directly or indirectly, any compensation or
remuneration of any kind or nature whatsoever from any member of
AGMA. The EMPLOYER shall be responsible for enforcing compliance
with the preceding sentence. Within ten (10) days after notice is given by
AGMA to the EMPLOYER of any violation of this paragraph, the
EMPLOYER shall correct such violation. If the EMPLOYER shall fail to
correct such violation within such time, then the EMPLOYER shall be
deemed to have committed a material and substantial breach of this
contract.
2. The EMPLOYER agrees that no AGMA member will be solicited or
required to make any payments or contributions of any kind or nature
whatsoever, or to have such payments or contributions made by any
person firm or corporation, to or for the benefit of the EMPLOYER or
anyone else, in order to acquire or continue employment by the
EMPLOYER or as a condition of acquiring such employment or any
preferment in such employment, and the EMPLOYER agrees that it will
not accept or receive any such payments or contributions.
M. PAYMENT OF SALARIES
The EMPLOYER agrees that all ARTISTS shall be paid by check or direct
deposit not later than 12:00 noon on Friday of every other week during the term
of employment. Following a layoff the Artist shall be paid not later than 12:00
noon on the first Friday of the week in which they worked. Prior to any layoff the
Artist shall be paid on the last Friday of the week in which they worked. All
Overtime payments, Penalty payments, and any other payments, which arise
separate and apart from the weekly minimum salaries, shall be paid by check or
direct deposit by the EMPLOYER to the ARTIST no later than two (2) weeks
following the end of a week containing any Overtime and/or Penalty infraction.
ARTISTS on tour who have not elected to use direct deposit shall be paid by
check with suitable arrangements made for cashing of checks.
21N SECURITY DEPOSIT/BOND
1. At least one (1) week before the commencement of any rehearsal,
engagement, series of engagements or tour within or without the United
States of America, or at least one (1) week before the ARTIST commences
to travel in pursuance of any engagements, series of engagements or tour
within or without the United States of America, whichever is earlier, the
EMPLOYER shall deposit with AGMA, at 1430 Broadway, New York,
New York 10018, cash, certified check, savings account passbook,
assigned CD, irrevocable assigned letter of credit, or other acceptable
liquid financial instruments assigned to American Guild of Musical
ARTISTS, Inc. for the benefit of the ARTISTS which shall be satisfactory
to AGMA. AGMA shall be the sole judge as to whether the form,
financial responsibility and amount of such cash, certified check, savings
account passbook, assigned CD, irrevocable letter of credit, or other
acceptable liquid financial instruments assigned to the American Guild of
Musical ARTISTS, Inc., is satisfactory, and the EMPLOYER shall not be
deemed to have performed its obligation under this Agreement until the
same has been approved by AGMA. AGMA agrees that the security bond
for established companies will be limited to one (1) week’s salary for the
members of the company.
2. Proof of the placing of the security bond with AGMA will be posted on the
EMPLOYER bulletin board and the AGMA bulletin board not later than
the first (1st) day of each employment period.
3. No ARTIST shall leave the City of Origination for work outside said city
unless the EMPLOYER, prior to the ARTIST’S departure there from, has
provided and paid for his transportation and his luggage, including return
transportation back to the City of Origination. AGMA shall have the right
to require the EMPLOYER to post such bond or bonds or such other
security, including money, and in such amount as in its sole discretion
AGMA deems necessary to insure the safe transportation and return of the
ARTIST. AGMA reserves the right to set up other terms and conditions
for granting permission to the EMPLOYER to take any ARTISTS for an
engagement, series of engagements or tours outside of the United States of
America, as provided in the standard Overseas Rider.
O NON-PAYMENT OR PARTIAL PAYMENT OF SALARIES
1. Non-payment or partial payment of salaries, when due, shall be deemed a
material breach of contract giving the ARTIST the right to terminate
forthwith, his contract with the EMPLOYER.
2. If the EMPLOYER fails to pay the salary due the ARTIST, the ARTIST
shall, at AGMA’S discretion, have an alternative right to receive his
contracted salary out of the EMPLOYER’S security deposit as set forth in
Section III.N. above. AGMA shall notify the EMPLOYER of its intention
to so pay the ARTIST; and if the EMPLOYER fails to institute arbitration
22You can also read
