Transition Contract Rulebook 04-07 - Actors

56. REOPENING OF A PLAY.A play once closed shall not be reopened within eight weeks of its closing, or reopen underany Equity contract, except the Production Contract or Special Production Contract (SeeRule 17(A)) without the consent of Equity. Such consent, upon equitable terms andconditions, shall not be unreasonably withheld.57. REPLACEMENT OF ACTOR.(A) Unless Equity shall otherwise order, the Actor may not be required to alternate with anunderstudy or successor and if replaced by either, the Actor may not thereafter be required(unless Equity otherwise orders) to act again in the part or to report at the theatre for thatpurpose. Payments, however, shall be continued to be made to the Actor according to theterms of the Actor’s contract.(B) Reassignment of Part or Role. Once a part or role has been contractually assigned toan Actor, said part or role may not be withdrawn by the Producer after the first four weeks ofperformance or opening night, whichever comes first, without the written consent of theActor.(C) Inability to Perform.(1) If the Actor is temporarily replaced for a single performance because said Actor is latefor half hour or appears at the theatre unable to perform due to intoxication or similarcause, the Producer, subject to the provisions of Rule 4 may determine that the Actorshall not perform. In this instance 57(A) shall not apply and the Actor shall be required toperform thereafter, provided the Producer notifies Equity in writing of such action, and thereasons therefor within 24 hours. Should such temporary replacement be determined tobe without just cause by an arbitrator or by other mutually agreeable means, the Actorshall be paid full salary for any performance not played as a result of the Producer’saction, and shall continue to perform under the Actor’s contract.(2) Should the Producer dismiss an Actor for inability to perform due to intoxication orsimilar cause and so notify the Actor in writing, and also notify Equity of such action andthe reasons therefor within 24 hours, the above provisions shall not apply. If it should bedetermined by an arbitrator or by other mutually agreeable means that the dismissal waswithout just cause (see Rule 69(C)), the Actor shall be paid full salary for anyperformances not played as a result of the Producer’s action and shall be required toimmediately resume the Actor’s performances when notified to do so by the Producer.Payment for the missed performances must be paid prior to the Actor resumingperformances under the Actor’s contract. Pending the determination the Actor need notreport to the theatre. Unless it is determined by an Arbitrator or by other mutuallyagreeable means that such dismissal was unjustified, the provisions of (C)(1) shall alsonot apply.(D) Should a Producer dismiss or give an Actor notice whereby the Producer terminates theActor’s employment (except where employment is terminated during rehearsals or under the46