Unexcused Actor lateness or absence for any official call must be reported in writing toboth the Actor <strong>and</strong> Equity.If the Actor is late for half-hour or appears at the theatre unable to perform due tointoxication or similar cause, the Producer may determine that the Actor should notperform. If the Actor is temporarily replaced for a single performance for reasons setforth herein, the Producer shall notify Equity in writing of such action <strong>and</strong> the reasonstherefore within 24 hours. Should such temporary replacement be determined to bewithout just cause by an arbitrator or by other mutually agreeable means, the Actor shallbe paid full salary for any performance not played as a result of the Producer’s action,<strong>and</strong> Actor shall continue to perform under Actor’s original contract.The Actor agrees to:(A)(B)(C)(D)(E)Be prompt at rehearsals <strong>and</strong> transportation calls;Attend all rehearsals as required;Appear at the theatre no later than 30 minutes prior to the performance;Pay strict regard to make-up <strong>and</strong> dress;Care properly for costumes <strong>and</strong> props;(F) Perform services as directed <strong>and</strong> choreographed, including adherence toscripted dialogue;(G) Respect the physical property of the production <strong>and</strong> the theatre, <strong>and</strong> abideby all reasonable rules <strong>and</strong> regulations of the Producer which are not in conflictwith this <strong>Agreement</strong>;(H) Refrain from reporting to any designated rehearsal, half-hour orperformance call in either an intoxicated or drug-impaired state <strong>and</strong> refrain fromthe use of alcoholic beverages <strong>and</strong> illegal drugs during rehearsal, half-hour, <strong>and</strong>performance, <strong>and</strong> while traveling in the company vehicle to <strong>and</strong> from rehearsals<strong>and</strong> performances;(I) Notify the Producer as far in advance as possible when any songs mustbe transposed into a different key from the key used in the score provided by theProducer;(J) Notify the Stage Manager <strong>and</strong>/or the Company Manager <strong>and</strong> provide atelephone contact number when leaving the area of the theatre during time off, orwhen traveling separately from the Company to the next playing date;(K) Abide by all rules <strong>and</strong> regulations of Equity <strong>and</strong> not alter, omit, or changethem in any way.34
28. EQUAL EMPLOYMENT OPPORTUNITY/NON-TRADITIONAL CASTING. (Seealso Rule 5(A)(3) AUDITIONS.)The Producer will cooperate with Equity in maintaining a numerical breakdown of ethnicbackground/origin <strong>and</strong> gender of Equity <strong>Actors</strong> who audition or interview. The Producer<strong>and</strong> Equity agree that keeping such a record shall be the responsibility of Equity at allauditions at which an Equity monitor is required. The Producer shall keep such a recordat all other Equity auditions that he schedules <strong>and</strong> will keep records of Equity memberssubsequently employed. Such records will be submitted to Equity following the close ofthe season.29. EQUITY – SPECIAL PROVISIONS.(A)Benefits. Equity members may rehearse for, <strong>and</strong> play in, Equity benefits.(B) Equity Meetings. The Producer shall not schedule rehearsals nor requirethe services of the Actor for rehearsals (except in cases where dress rehearsalsare being held or rehearsals on opening date) at any time when a regularly calledmeeting of Equity is being held within a radius of 25 miles of where the Actor isrehearsing or performing. Time off for this purpose shall not be counted as part ofthat day’s rehearsal period.(C) Special Power to Act for Actor. Equity may represent <strong>Actors</strong> in any disputewhich may arise with the Producer, <strong>and</strong> Equity may, at all times represent itsmembers in relation to any matter arising under any employment agreement, <strong>and</strong>when any act, request, or consent of any such Actor is provided for in suchagreement, the request, consent, or approval of Equity shall, for all purposes, bedeemed the consent, request, approval, or act of the <strong>Actors</strong>.Whenever it is provided in any employment contract that any act or thing may bedone by a Actor at the option of or with the consent of or at the request of Equity,or on the dem<strong>and</strong> of or with the consent of such Actor, Equity, representing theActor, has <strong>and</strong> is given authority to act for <strong>and</strong> in place of the Actor <strong>and</strong> to asserthis position or make his request or dem<strong>and</strong>, as the case may be, with all of thepower <strong>and</strong> authority of the Actor himself, without liability to itself.In all cases where, by virtue of any employment contract, the consent or approvalof Equity is required, the Association has <strong>and</strong> reserves full discretionary power ingiving its consent to change, modify or limit rights of any Actor under hisContract, said action to be taken on behalf of the Association in writing by eitherthe President or Executive Secretary or one of the Executives or members of theLegal Department especially authorized by either of said officers to act.(D) Council Powers. Should there be a conflict between any rules or any basisfor more than one interpretation as to the meaning of any of them, the Council ofEquity has the right to determine the correct interpretation or resolve the conflict,<strong>and</strong> its decision shall be binding upon Equity <strong>and</strong> the <strong>Actors</strong>.35