MEMORANDUM OF AGREEMENT BETWEEN AGMA AND ALVIN ...

MEMORANDUM OF AGREEMENT BETWEEN AGMA ANDALVIN AILEY DANCE FOUNDATIONA/K/AALVIN AILEY AMERICA DANCE THEATER2012-2015It is hereby agreed by and between Alvin Ailey Dance Foundation and American Guildof Musical Artists, that the collective bargaining agreement expiring May 31, 2012 is herebyrenewed with the following modifications, subject to ratification by the bargaining unit andAGMA Board of Governors.1. Section 4.C. Change title to “AGMA Class Advisory Committee.” Add “TheCommittee shall be comprised of four Dancers who are chosen by the Dancers at thebeginning of the contract year and will serve for the contract year.”2. Section 5.B. “Ailey Dancer.” Replace second sentence with: “Artist must provideadvance written notice to the Employer if he/she plans to accept any dance-relatedwork outside the Company. Such notice shall be to the Artistic Director, SeniorDirector of Performance & Production and Stage Manager.”3. Section 5.F. Change to “Employer guarantees not less than thirty five (35) weeks ofemployment not including vacation in any period of twelve (12) consecutive monthsfor Dancers and not less than thirty eight (38) weeks not including vacation in anyperiod of twelve (12) consecutive months for Stage Managers and Assistant StateManagers.”4. Section 5.J. Add after last sentence. “If the school or other venue where the MiniPerformance is to occur cannot, regardless of advance notice, accommodate a starttime of 10:30 or later, up to three times per year a Mini Performance may start at10:00 a.m., however if the rest period is infringed for an Artist, penalty pay will bepaid pursuant to Article 8C.1.(c).”5. Section 5. Define “Open Rehearsal.” “Open rehearsal” shall be any activity in thepresence of a non-paying audience and which does not result in additional rehearsalor other working time and does not require the Artist to wear performance costumes,performance hair or make-up. Artistic Directors will moderate Open Rehearsals.Artists will not be required to make oral presentations to attendees.6. Section 6.A.2. Change last sentence. For domestic tour, Employer shall make bestefforts to have complete casting and programming for first 2 weeks of tour posted 2weeks prior to opening. It is understood that casting and programming remain subjectto change after such posting.7. Section 8.C.1(a)(2). Change chart as follows:Non-performance days: 5 hrs.3789/10815-011 current/30293004v3 07/05/2012 11:00 am

One performance day: 2 hrs.Mini and performance: 1 hourMini and one hour Tech and performance ortwo performance day: 0 hrs.8. Section 8.C.1.(a)(4). Move to Section 8C4. Add “If the Artist is required to rehearsein costume, the Artist shall be given five (5) minutes to get out of costume and, if therehearsal is more than 60 minutes, an additional five (5) minutes to get back intocostume, in addition to the five (5) minute break.”9. Section 8.C.1.(c). Add: “If necessary due to travel schedules, up to five (5) times peryear there may be only ten (10) hours following the end of the last precedingperformance for dancers and eight (8) hours following the end of the last precedingrequired service for stage management prior to travel. Information regarding travelschedules that will trigger this reduced rest time will be presented to the delegates atthe itinerary meeting.10. Section 8.K. Eliminate requirement to provide meal in lieu of overtime for NYCCseason in the event of rest time under three hours.11. Section 9.A.1., 4 th paragraph, change to “The Employer will guarantee free Internetaccess for tours within the United States.”12. Section 9.A.1., fifth paragraph. Change “Three star “to “Four star”.13. Section 9.A. Add “If an Artist is required to perform on the same day following traveloutside the City of Origination no rehearsal is permitted, except in the event ofEmergency Rehearsal.”14. Section 13.A. Change pay date to Friday.15. Section 13.F. Increase minimum compensation as follows.ND 1.5% 1.5% 2%2-7 2% 2% 2.5%Over 7 1.5% 1.5% 2%16. Section 13.G. Meal Money. Change to:Breakfast prior to noon $12.00Lunch – Noon to 6:00 pm $19.00Dinner – after 6:00 pm $37.00Total Day $68.00New York City Season Meal Money: $41.5017. Section 13.H. Increase Overtime Rate to $42.50, Penalty Rate to $57.50, and TravelOvertime to $32.50.23789/10815-011 current/30293004v3 07/05/2012 11:00 am

18. Section 13.J. Change rate for Artist who creates and performs scripted materials for aMini Performance in each year of this Agreement to $70.00 - $70.00 - $100.00 perperformance, respectively, in addition to weekly contractual compensation.19. Section 13.K.1. Increase minimum weekly compensation for Stage Managers andAssistant Stage Manager as follows:ASM 2% - 2% - 2.5%SM 1% - 1.5% - 2%20. Section 13.K.1(g). Add “When a Stage Manager or Assistant Stage Manager isrequired to load-in and travel more than 60 miles within the same working day, theEmployer will pay said Stage Manager or Assistant Stage Manager an additional 1/6 thof his/her weekly contracted salary. On tour, there shall be at least an 8 hour intervalfollowing the end of the last preceding performance or load-out, whichever is later,and the next travel call for Stage Manager and Assistant Stage Manager.21. Section 15.A. Increase contribution to Retirement Fund to 5.5% in year 2, continue at5.5% in year 3.22. Section 17.A. Increase Vacation Pay for Stage Manager. In addition to the 1 week ofCity Center vacation, Stage Manager shall receive an additional 2 weeks at l0 yearsand above and a third additional week at 15 years and above.23. Section 18.A, second paragraph. Change as follows: Keep 1 st sentence of contractlanguage as is. Add: “In the event an identifiable likeness of up to four Artists isused on a product offered for sale by Employer or its agent, the Artists shall share15% of the Employer’s revenue for that product.” Add “For an identifiable likenessof up to four Artists, Artists will be credited on the product if there is space andArtists will each receive one of that product, free of charge, regardless of price.24. Section 18.B. Delete Paragraph 4. Second sentence of Paragraph 4 to be moved toprecede last sentence of Paragraph 5. In Paragraph 7, delete “Employer’s” before“souvenir program.”25. Section 18.B.2. Add: “For B Roll Photo shoots, the Artist shall receive at least one(1) week advance notice. Artists shall be given one-half (1/2) hour paid time toprepare for photography for the purpose of preparing hair, makeup and costume.”26. Section 18.B.5. Add: For photos of up to 4 Artists that are used by the Employer forsocial media, Artists will be given notice by e-mail of photos to be used. If Artists inthe photo do not object within 24 hours from such notice to use of the photo, thephoto may be posted. If an Artist later objects to continued use of the photo, it will beremoved. This provision does not apply to links to an third party’s site.27. Section 18.B.11. Change $25.00 to $50.00.28. Section 19.K. Contract expires May 31, 2015.33789/10815-011 current/30293004v3 07/05/2012 11:00 am

29. All increases retroactive to June 1, 2012.30. The Union’s grievance seeking compensation for speaking parts in “Minus 16” shallbe withdrawn with prejudice, and no payments under Article 13.J will be deemedtriggered by future performances of “Minus 16.”ALVIN AILEY AMERICANDANCE FOUNDATIONAMERICAN GUILD OFMUSICAL ARTISTSBy:By:Date: , 2012Date: , 201243789/10815-011 current/30293004v3 07/05/2012 11:00 am