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Cabaret Rulebook 07-11 - Actors

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50. REOPENING OF A PRODUCTION<br />

A production once closed shall not be reopened within eight weeks of its closing, or reopen under any<br />

Equity contract, without the consent of Equity. Such consent, upon equitable terms and conditions,<br />

shall not be unreasonably withheld.<br />

51. REPLACEMENT OF ACTOR.<br />

(A) Unless Equity shall otherwise order, the Actor may not be required to alternate with an<br />

Understudy or successor, and if replaced by either, the Actor may not thereafter be required<br />

(unless Equity otherwise orders) to act again in the part or to report at the theatre for that<br />

purpose. Payments, however, shall be continued to be made to the Actor according to the terms<br />

of the Actor's agreement.<br />

(B) Inability to Perform.<br />

(1) If the Actor is temporarily replaced for a single performance because the Actor is late for<br />

half-hour or appears at the theatre unable to perform due to intoxication or similar cause,<br />

the Producer, subject to the provisions of Rule 5, ARBITRATION, may determine that the<br />

Actor shall not perform. In this instance 51(A) shall not apply and the Actor shall be<br />

required to perform thereafter, provided the Producer notifies Equity in writing of such<br />

action, and the reasons therefor within 24-hours. Should such temporary replacement be<br />

determined to be without just cause by an arbitrator or by other mutually agreeable means,<br />

the Actor shall be paid full salary for any performance not played as a result of the<br />

Producer's action, and shall continue to perform under the Actor's contract.<br />

(2) Should the Producer dismiss an Actor for inability to perform due to intoxication or<br />

similar cause and so notify the Actor in writing, and also notify Equity of such action and the<br />

reasons therefor within 24 hours, the above provisions shall not apply. If it should be<br />

determined by an arbitrator or by other mutually agreeable means that the dismissal was<br />

without just cause, the Actor shall be paid full salary for any performances not played as a<br />

result of the Producer's action and shall be required to immediately resume the Actor's<br />

performances when notified to do so by the Producer. Payment for the missed<br />

performances must be paid prior to the Actor resuming performances under the Actor's<br />

contract. Pending the determination of the arbitrator, the Actor need not report to the<br />

theatre. Unless it is determined by an Arbitrator or by other mutually agreeable means that<br />

such dismissal was unjustified, the provisions of (C) shall also not apply.<br />

(C) Should a Producer dismiss or give an Actor notice whereby the Producer terminates the<br />

Actor's employment (except where employment is terminated during rehearsals or under the<br />

provisions of Rule 51(A)), the Producer may not re-engage the Actor for the same part or replace<br />

the Actor by another Actor at a lesser salary than the highest salary in the original contract<br />

without the written consent of Equity.<br />

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