Transition Contract Rulebook 04-07 - Actors

(3) It is also the intention of the parties that in furtherance of this policy, with due regardfor the requirements of and suitability for employment, and with the understanding thatthere can be no interference with the contractual rights or artistic discretion of thePlaywright, Director or Choreographer, the Producer shall endeavor to engage ethnicminorities, women, seniors and Actors with disabilities.(C) Records. The Producer will maintain for each production records of ethnic minorities,women and Actors with disabilities, and will make best efforts to maintain records on seniorActors auditioned, interviewed, hired and/or replaced and will forward such records to Equitywithin four weeks of the first public performance and thereafter on a quarterly basis. Equitywill 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 sendwritten notification to the Producer within five business days thereafter. Any claim forwhich timely notice is not given shall be barred unless good cause for such delay isshown.(2) A claimed violation of this Rule 26, unless satisfactorily resolved between Equity andthe Producer, shall be submitted to arbitration. In the event the arbitrator determines thatdiscrimination has been practiced, the arbitrator shall have the authority to directreinstatement or employment, as the case may be, and/or assess such monetarydamages as in the arbitrator’s opinion will make the Actor or applicant whole for suchactual financial loss as the Actor or applicant may have suffered by reason of saiddiscrimination, but in no event shall damages awarded exceed the minimum salarypayable for the term of the production.27. EQUITY: SPECIAL PROVISIONS.(A) Equity may represent the Actor in any dispute which may arise with the Producer, andEquity may at all times, represent the Actor in relation to any matter arising under anyemployment agreement, and when any act or request or consent of any such Actor isprovided for in such agreement, the request, consent, or approval of Equity shall, for allpurposes, be deemed the consent, request, approval or act of the Actor.(B) Meetings; Privilege of Actor to Attend. The Producer shall not require the services of theActor for rehearsals (except in cases where technical rehearsals and/or dress rehearsalsare being held or rehearsals on opening date) at any time when a regularly called meetingof Equity is being held. Time off for this purpose shall not be counted as a part of that day’srehearsal.(C) Special Power to Act for the Actor.(1) Whenever it is provided in any employment contract that any act or thing may be doneby an Actor at the option of or with the consent of or at the request of Equity, or on thedemand of or with the consent of such member, Equity, representing the Actor, has and is26