Reach me at altizer@primenet.com
August 28, 1997.
Read the contract modifications for 1997-2000
b.) The EMPLOYER agrees that the terms of this Agreement apply only to rehearsals and performances in the U.S. and Canada and their dependencies or possessions. AGMA and EMPLOYER agree to negotiate terms and conditions, including all terms of engagement, rehearsal, travel and performance in the event the EMPLOYER decides to employ CHORISTERS for an engagement or series of engagements on tour outside of the U.S. or Canada during the term of this Agreement.
b.) Provided that the EMPLOYER has been presented a written assignment as required by law, properly signed by the CHORISTER, the EMPLOYER agrees to deduct from the CHORISTER'S gross compensation of each wage payment, the applicable "working dues" percentage as certified by AGMA then to be in effect.
c.) For the purpose of such deductions, travel expenses, meal allowance, per deim to the extent provided for in this agreement shall not be considered part of the gross compensation shall not be the subject of such deductions.
d.) Provided that the EMPLOYER has been presented a written assignment as required by law, properly signed by the CHORISTER, the EMPLOYER agrees to deduct from the CHORISTER'S compensation initiation fees, assessments, fines, delinquent payments and other similar deductions at the direction of and on behalf of AGMA provided that AGMA has requested the EMPLOYER so to do in writing. However, if AGMA fails to provide such written notice at least two weeks prior to the CHORISTER'S first performance, the EMPLOYER will not be liable if it fails to make the requested deductions from the CHORISTER'S compensation for said performance and those deductions will be made from the CHORISTERS' next performance during the same season, if any.
e.) Two weeks after the pay date, the EMPLOYER shall remit to AGMA, by check drawn to the order of the American Guild of Musical Artists, the total dues deduction for all CHORISTERS. At the time of such remittance, and together therewith, the EMPLOYER shall also furnish to AGMA a record certifying the names, Social Security numbers, and total wages and deductions for the pay period of the CHORISTERS on whose account such deductions were made. The EMPLOYER will not be liable for failure to make a deduction or deductions; however the EMPLOYER will use reasonable care in making deductions. Delinquent dues and initation fees will be sent by seperate check from the regular dues assessment.
b.) An AGMA representative (not an employee of EMPLOYER) shall make a written request with a minimum of 24 hour written notice to EMPLOYER, whenever access to locations where CHORISTERS are working or are scheduled to work is desired. The EMPLOYER will cooperate in these requests whenever possible. The EMPLOYER will provide in writing to AGMA any denials of access the EMPLOYER feels must be made. AGMA Delegates shall be employees of the EMPLOYER and may access such locations without notice, provided that he/she does not interrupt the work and follows instructions of the company with respect to a more convenient time.
c.) If the union conducts meetings scheduled on days of rehearsal or performance and pertaining to AGMA business they should be scheduled before or after rehearsals so as not to interfere with such services. Meetings held in an Arizona Opera facility must end one half hour preceding rehearsal and shall be limited to one half hour after rehearsal. When available space or available staff is not a constraining factor, the EMPLOYER will endeavor to make a facility available for such meetings.
d.) The AGMA delegate or representative shall at all times have the right to bring matters of safety to the attention of the EMPLOYER.
e.) The AGMA delegate or representative shall act as liaison between CHORISTERS and AGMA.
In the event of a breach of this no strike commitment, the EMPLOYER shall not be required to negotiate on the merits of any dispute which may have given rise to the breach until the same has ceased.
In the event of a breach of this no strike commitment, AGMA shall immediately instruct the involved CHORISTERS in writing that their conduct is in violation of the contract.
The EMPLOYER shall have the right to discipline, up to and including discharge, any CHORISTER who participates, induces or assists any strike of any type whatsoever.
The EMPLOYER will not lock out the CHORISTERS during the term of this Agreement. If the EMPLOYER elects to pursue any remedies it may have as a result of a breach of the no strike commitment in any court of competent jurisdiction, the court and not the arbitrator shall determine whether or not this Article has been breached.
AGMA and the EMPLOYER agree that injunctive relief may be granted by a court of competent jurisdiction for a violation of this Article.
The terms "city of origination" shall mean within the greater metropolitan areas of the EMPLOYER'S principal business locations, Tucson & Phoenix, Arizona.
The term "CHORISTER'S domicile" shall mean within the greater metropolitan area of Tucson or Phoenix, Arizona. EMPLOYER shall have no transportation responsibility for any CHORISTER living outside these two areas, except for travel between Tucson and Phoenix, Arizona. CHORISTER shall stipulate at time of accepting the EMPLOYER'S offer of employment which city will be the CHORISTERS domicile, Tucson, or Phoenix, Arizona.
c.) Advisory Committee
2.) The function of the Advisory Committee shall be to keep open, educational and progressive communications about problems and find mutually satisfactory solutions.
3.) For the life of this Agreement, this Advisory committee should meet at least three times per season, once prior to the season beginning, once mid- season, but prior to the chorus auditions and at the end of the season. However, should any member of the Advisory Committee feel it necessary to call a meeting to discuss specific problems which may arise at any time during the season, members of this committee shall call such a meeting at the earliest possible date agreeable to this committee.
d) Service
A service shall be described as any rehearsal, performance, photo opportunity or costume fitting where the CHORISTER is required to be in attendance at a time scheduled by the EMPLOYEER.
e) Call Time
Call time is defined as that time determined by the EMPLOYER when a CHORISTER is expected to be present to begin a service at the theatre or other venue. Wages for this time will be paid at the rehearsal rate until the call to places in the case of performance.
f) Call to Places
Call to places shall be that time the EMPLOYEER calls the CHORISTER to go on stage for performance. At this time performance fees begin.
g) Free Days
Each CHORISTER shall have one day per each seven day period in which no rehearsal or performance is scheduled.
h) Individual CHORISTER'S Offer of Employment
Each CHORISTER shall have an individual CHORISTER'S "Offer of Employment" using the format which has been approved by AGMA as Attachment B. i) Classification of Roles
AGMA and EMPLOYER agree to the chorus bit classifications and the minimum number of CHORISTERS required for the operas as described in Schedule "C", Classification of Roles.
j) Public education and training programs
Public education and training programs shall be defined as Performances or Rehearsals, which are not part of the company's regular season, offered free of charge. The Advisory Committee will be notified when the EMPLOYER intends to schedule a Public Education or Training Program.
2) AGMA agrees that there may be operas where not all CHORISTERS may fit artistically. Should this be the case AGMA agrees that the EMPLOYER shall have the right to make all artistic judgments. The EMPLOYER shall notify AGMA of any such problem and its decision at the time of employment offers.
3) During the term of this Agreement, should the EMPLOYER determine a
CHORISTER who has "Rights of First Refusal" to be unqualified to continue in
this status, they will be notified as follows:
Immediately upon signing this Agreement the EMPLOYER will notify the CHORISTER
in writing stating the specific problem giving the CHORISTER until the end of
the 1994-95 season to correct the problem. Should the problem not be corrected
to meet the artistic standards of the EMPLOYER a written notice will be sent to
the CHORISTER removing the CHORISTER from the list of "Rights of First Refusal"
following the Spring Audition.
4) Other CHORISTERS determined to have problems which could lead to removal from the above status will be given a warning first verbally and then in writing that a specific problem or problems exist. If the problem continues, the EMPLOYER shall give a written warning notice again specifying the problem(s) by December 1. Should the problem(s) not be corrected by February 1, the EMPLOYER in writing by February 15 that they may be removed from the list of "Rights of First Refusal" following the Spring Auditions.
5) It is understood and agreed by AGMA that the "Attachment A" list may be reduced through natural attrition and terminations and that the EMPLOYEER will have no obligation to add new names to this list. It is further understood that the EMPLOYER may continue to offer such CHORISTERS opportunities to perform in a limited basis should such opportunities arise. Such offers of employment should not be considered a return to the "Rights of First Refusal" list.
b) Supervisors shall issue one verbal warning and one written warning about the alleged misconduct prior to discharging an employee. Should misconduct continue, termination may follow.
c) Notwithstanding the above, an EMPLOYEE may be summarily discharged for gross misconduct. Gross misconduct includes, but is not limited to, fighting on the job, theft of company property and reporting to work under the influence of alcohol or non-prescribed drugs.
2. Individual Offers of Employment shall specify which operas the EMPLOYER tentatively plans for the season. It is understood that the EMPLOYER may change operas if necessary. In the event of a change, new Offers of Employment shall issue to all CHORISTERS who have accepted an Individual Offer of Employment.
3. Individual Offers of Employment will be accompanied by a calendar of services showing, as near as possible, the planned date(s) and time(s) of each service for each opera. This calendar is for information only and is not to be confused with employment guarantees. The EMPLOYER shall make best efforts to give two weeks notice of cancellations or scheduling changes.
4. A list of all CHORISTERS being sent Individual Offers of Employment shall be forwarded to AGMA.
b) Acceptance of Employment
2. Once Individual Offers of Employment are accepted and signed by the CHORISTER, requests for all but emergency leaves will be discouraged.
3. Copies of all signed individual Offers of Employment for AGMA CHORISTERS will be sent to AGMA not less than 30 days prior to CHORISTER's first performance. In the case of late replacements in the chorus, copies of signed Individual Offers of Employment will be sent to AGMA as soon as possible.
c) Assignment of CHORISTER'S Individual Offer of Employment No CHORISTER'S executed Individual Offer of Employment may be assigned or transferred unless the written consent of the CHORISTER concerned, the EMPLOYER and AGMA shall have been endorsed on the face of the Individual Offer of Employment or on the transfer of assignment therefor.
d) Required Contribution to Employer Forbidden
2. Notwithstanding the above, the EMPLOYER may invite a CHORISTER to appear in a benefit or fundraising activity without compensation upon mutual agreement between the EMPLOYER and the CHORISTER and prior approval of the Theatre Authority.
3. AGMA and the EMPLOYER shall establish a fund raising committee to meet and discuss proposals for fund raising activities and benefit performances.
2. CHORISTERS shall attend all called rehearsals and performances.
3. CHORISTERS may be excused from rehearsals and performances as a result of:
4. The EMPLOYER may excuse absences for other legitimate reasons on a case by case basis. Permission for an excused absence shall not be unreasonably withheld.
5. Repeated tardiness or unexcused absences from rehearsals per season may result in progressive discipline.
F6. In cases of illness the EMPLOYER may require proof of such disability verified by a doctor's certificate.
b) Change of Appearance Notification
CHORISTERS may not be required by EMPLOYER to grow beards or wear their hair longer than their usual fashion. EMPLOYER may require the removal of facial hair to maintain the historic or artistic integrity of a production. In such case, the EMPLOYER will note such operas on the CHORISTER'S offer of employment contract.
c) Musical Preparation
It shall be the responsibility of the CHORISTER to obtain a score, supplied by the EMPLOYER, and become familiarized with the score prior to the first musical rehearsal. Scores will normally be available in the spring preceding the season but no later than two weeks prior to the first musical rehearsal for that opera.
d) Memorization
All music and lyrics shall be memorized by the last music rehearsal with the Music Director prior to the staging rehearsals.
e) Care of Music
Failure of a chorister to return, in like condition received on or before the day of the last performance of the production, any score, tapes or music provided by the EMPLOYER shall result in the CHORISTER being charged for the replacement cost of the score and/or tape, plus a fifteen ($15.00) dollar administrative fee, the sum of which shall be deducted from the CHORISTER'S last pay check for that production. Markings may be made in a #1 soft lead pencil. No highlighters may be used.
CHORISTERS shall be compensated on a single performance and rehearsal basis. Rehearsal, performance and per deim compensation shall be retroactive to April 1, 1994. Any disputes regarding retroactivity will be resolved through the Advisory Committee.
Each CHORISTER shall be compensated not less than the following amounts for any single performance beginning at the Call to Places:
| 1994 ñ 95 | 1995 ñ 96 | 1996 - 97 |
|---|---|---|
| $68.00 | $71.50 | $75.00 |
Overtime rate, beginning after three and one half (3 1/2) hours of performance time and payable in fifteen (15) minute increments:
| 1994 ñ 95 | 1995 ñ 96 | 1996 - 97 |
|---|---|---|
| $7.29 per incr. | $7.66 per incr. | $8.04 per incr. |
Each CHORISTER shall be compensated not less than the following amounts per hour of rehearsal or fraction thereof based on a minimum of two (2) hours of rehearsal:
| 1994 - 95 | 1995 - 96 | 1996 - 97 |
|---|---|---|
| $5.75 per hr. | $6.00 per hr | $6.50 per hr. |
Overtime rate for rehearsals, beginning after three (3) hours of rehearsal time and payable on fifteen (15) minute increments:
| 1994 - 95 | 1995 - 96 | 1996 - 97 |
|---|---|---|
| $2.16 per incr. | $2.25 per incr. | $2.44 per incr. |
CHORISTERS shall be paid in accordance with the EMPLOYER'S regular payroll, semi monthly for all rehearsals and performances. Payroll dates for CHORISTERS will be on the 5th and the 20th for pay periods ending the 15th and last day of the month.
4. CHORISTERS shall be paid at the rehearsal rate in quarter hour increments for all time between call time and the call to places.
2) CHORISTERS traveling outside his/her domicile will be provided hotel accommodations with no more than two persons per room. If a CHORISTER wishes to have a private room, the EMPLOYER will reserve that room at the EMPLOYERS rate and the CHORISTER will pay the difference in cost over the above, the EMPLOYERS cost for a standard double/double occupancy. The EMPLOYER agrees to this provided it does not cause the EMPLOYER to spend extra money or use multiple hotels at increased rates; and/or complicating arrangements for bus transportation. Such arrangements must be made known to the EMPLOYER prior to the date when the EMPLOYER makes reservation commitments to the hotels. The EMPLOYER shall notify CHORISTERS a minimum of one week prior to reservations commitments. Should there be a required deposit to reserve rooms, the CHORISTER will be expected to pay and deposit as may be required for a private room.
3) The EMPLOYER will make every effort to provide hotels in safe walking distance of a late night restraunt.
d) Meal Allowance
The EMPLOYER will supply food or a meal allowance to CHORISTERS traveling outside their domicile, Meal allowances shall be as follows:
| Meal | Breakfast | Lunch | Dinner |
|---|---|---|---|
| Departure prior to or return after | 8:00 am | 12:00 pm | 6:00 pm |
| Rate | $5.00 | $6.00 | $15.00 |
e) Parking
Parking will be provided for CHORISTERs in their city of domicile only. EMPLOYER will arrange for additional security in designated parking lots and between parking lots and the theatre.
f) EXTRA TRAVEL COMPENSATION FOR RUN-OUT ENGAGEMENT
If any CHORISTER is required to travel on any weekday other than the day of his rehearsal or performance, he shall be paid not less than the following rates per day:
| Travel Fee as of | 9/1/94 | 9/1/95 | 9/1/96 |
|---|---|---|---|
| Rate | $80.00 | $83.00 | $86.00 |
| Meal allowance for | Breakfast | Lunch | Dinner |
|---|---|---|---|
| Departure prior to or return after | 8:00 am | 12:00 pm | 6:00 pm |
| Rate | $5.00 | $6.00 | $15.00 |
g) Rehearsal Conditions
2) No rehearsal shall be called within two (2) hours of a performance, with the exception of the warm-up. Exceptions to this rule may happen only with the prior approval of the AGMA Chorus Representative(s).
3) No music rehearsals shall be called during performances for purposes of rehearsing future productions unless CHORISTERS have not met all requirements for preparation of music and approval has been given by the Advisory Committee.
4) No music rehearsals will be called on the following dates without prior approval by the affected CHORISTERS:
5. CHORISTERS shall be allowed a ten (10) minute rest period before the end of each two (2) hours of rehearsal, and not later than the first ninety (90) minutes of rehearsal (including the wandelprobe) or first 60 minutes of music rehearsals. At rehearsals with orchestra, breaks will coincide with orchestra breaks and shall be a minimum of fifteen (15) minutes.
6. There shall be no less than a twelve hour gap between rehearsals with the exception of the Friday night and Saturday morning staging rehearsals and the Monday night and Tuesday Dress rehearsal, or two rehearsals in one day.
7. No music rehearsal, with the exception of the wandelprobe, shall commence prior to 6:00 pm, nor end later than 10:30 pm. on any week day.
8. No combined chorus rehearsal shall begin prior to 7:00 pm on a week day nor prior to 10:00am on week-ends.
b) The EMPLOYER shall clean all parts of the garments worn next to the body prior to their use by the CHORISTER, except if such costume has been used by the same CHORISTER in the preceding performance of the same opera.
c) Only costumes, wigs, hair pieces and make-up furnished and/or approved by EMPLOYER may be worn. Costumes include stockings, and/or tights, hats, accessories and shoes.
d) Costumes may not be removed from EMPLOYER'S facilities without permission of EMPLOYER.
e) Costumes may not be worn outside the backstage, dressing room or performing areas except in the immediate vicinity of the theatre's loading dock.
f) Smoking will not be allowed in or around the costumes under any conditions.
g) Food and drink may not be consumed by CHORISTER while in costume unless express permission is given by EMPLOYER and costumes are covered.
h) The CHORISTER shall adhere to the schedule for dressing and makeup set by the EMPLOYER.
i) After removal of costumes CHORISTERS shall hang all costumes on the racks provided by the EMPLOYER. All jewelry must be placed in it's container and stored with their shoes in the assigned ditty bag. Laundry shall be placed in containers supplied by the EMPLOYER.
j) Infractions of the above requirements may result in progressive discipline.
2. Rehearsal Rooms, Dressing Rooms, Performance Facilities
b.) All dressing rooms shall be thoroughly cleaned.
c.) Before each performance the stage shall be washed down with soap, water and germicide as approved by the owner of the venue being rented.
d.) After each setting of the stage, it shall be checked for loose nails, splinters, and firmness of sets. The EMPLOYER agrees to be responsible for such check and shall instruct the proper persons to eliminate any hazards that may exist.
e.) The EMPLOYER shall make every effort to make rehearsal space as comfortable as possible, including temperature between 65 and 80 degrees Fahrenheit.
f.) For rehearsals the EMPLOYER shall provide access to an emergency telephone.
3. Make-up and Hair
b.) A make-up plot will be provided and/or posted by the first fitting and in the theatre by the EMPLOYER. Any problems the CHORISTER relating to wearing or applying make-up, wigs, facial hair or hairpieces, must be brought up and alternative arrangements made with the EMPLOYER at this time. Should the EMPLOYER make any changes to the kind of makeup or adhesives used in the application of facial hair, the EMPLOYER will arrange to have such new brand available for the CHORISTER to try. Any necessary approvals must be obtained from the EMPLOYER at this first fitting but not later that the move into the theatre.
c.) All CHORISTERS are required to wear make-up. If make-up bases supplied by EMPLOYER causes skin problems for the CHORISTER, the EMPLOYER will work with the CHORISTER to supply make-up which can be used without discomfort. No personal make-up may be worn unless specifically approved by the EMPLOYER in advance.
d.) CHORISTERS shall conform to the wig and make-up design as specified by the EMPLOYER.
e.) CHORISTERS shall apply only their base makeup unless the CHORISTER has received advance permission by the EMPLOYER to do otherwise. The EMPLOYER will supply staff to complete make-up. If any CHORISTER has a problem with applying the base make-up, instruction will be provided.
f.) Unless so instructed by the EMPLOYER, CHORISTERS shall not put on or remove any wigs, hairpieces or facial hair. Should wigs, hairpieces or facial hair be damaged as a result of the CHORISTER'S removal, the CHORISTER will be charged repair or replacement costs for such items.
4. Auditions
b.) Immediately following auditions each CHORISTER will receive a written evaluation of total performance as a CHORISTER. Evaluations will list areas where improvement is required for continuation of employment and recommendations for methods of improvement. While these evaluations are not to be considered termination or pre-termination notices, they will be constructive criticism and they will cite weaknesses that if not corrected may lead to such notices.
c.) Advance notification to AGMA of open auditions
For purposes of notification to CHORISTERS who may wish to audition for solo roles and should the EMPLOYER decide to hold open auditions, the EMPLOYER will give AGMA notification of dates and information as to where appointments may be made at the time the Music Director sets a schedule.
5. Complementary Tickets
The EMPLOYER shall make complimentary tickets available to CHORISTERS for Dress Rehearsals whenever complimentary tickets are available to orchestra or crew, and under the same conditions.
6. Safety and Health
b.) Any problems found during this inspection will be corrected by the next time the set is used.
c.) It shall be the responsibility of EMPLOYER to maintain a safe, healthy work environment at all times.
b. CHORISTERS shall be granted sick or disability leave in accordance with the attendance policy; section 17a, 3 and 4 above.
c. During the life of this Agreement, CHORISTERS listed on Exhibit A (section 13 herein) shall have the right to refuse an offer of employment without loss of Rights of First Refusal.
b) The EMPLOYER may allow radio and video news or magazine programs to air a maximum of three (3) minutes of video or audio tape of CHORUS for publicity purposes. If a CHORISTER is invited to appear as a guest on a "talk show" or the like, the CHORISTER may utilize an insert (3 minutes) when he or she is featured for promotional and publicity purposes.
c) The EMPLOYER may produce or allow to be produced one (1) live local or one (1) tape delay local radio broadcast (in each city of origination) of CHORUS provided that the CHORUS has been informed, through the AGMA Representative in a timely fashion, provided noone else normally involved in the performance receives extra remuneration other than out of pocket expenses. In no event may said program be broadcast more than one time or on more than one station in Tucson, Arizona and one time and one station in Phoenix, Arizona.
d) The EMPLOYER may produce or allow to be produced documentaries of CHORUS provided that the CHORUS has been informed, through the AGMA Representative in a timely fashion, of the filming and release of documentary, and provided that no one else normally involved in the performance receives extra remuneration.
Any grievance by a CHORISTER, the EMPLOYER or AGMA not brought to the attention of the EMPLOYER or AGMA within five (5) working days (15 days in cases of pay dispute) after the party bringing the grievance knew or should have know of it's occurrence, shall be deemed abandoned and waived.
Within ten (10) calendar days of notice by grieving party, the grievance shall first be taken up at a meeting between the CHORISTER involved and his/her immediate supervisor or, in the case of a grievance brought by the EMPLOYER, between the EMPLOYER representative and the AGMA representative. The CHORISTER may have AGMA assistance. If no satisfactory settelment is reached under this step within three (3) working days of the Step One meeting, the grievance shall proceed to Step Two.
a. Within five (5) working days from the STEP ONE meeting, the grievance shall be reduced to writing and served on either AGMA or the EMPLOYER. The written grievance shall specify the section of the Agreement allegedly violated and the specific reasons and the facts supporting the allegation and the remedy sought. Within five (5) working days following the receipt of the written grievance described herein, the party who allegedly committed the grievance shall submit its answer to the grievance, including a reason, if denied.
b. If the grievance is denied, the written grievance shall be submitted within five (5) working days of said denial to a Board of Adjustment made up of two representatives, one designated by AGMA and the other designated by the EMPLOYER who shall not be employees of the EMPLOYER. The Board of Adjustment shall hear an oral presentation by each side, of the grievance and shall issue it's decision within ten (10) working days to receipt of the written grievance. All restrictions and limitations to the authority of an arbitrator, described below, shall apply to the authority and discretion of the Board of Adjustment. A unanimous decision of the Board of Adjustment shall be binding on the parties. In the event that the Board of Adjustment is deadlocked, or that either or both parties do not designate a representitive within five (5) working days of the denial at step 2a, the grievance may progress to STEP THREE.
Within five (5) working days of the Board of Adjustment deadlock, or of the STEP 2a denial, if either or both parties fail to appoint a representative to the Board of Adjustment, either party may request binding arbitration and, simultaneously with the request the party requesting arbitration shall request a list of seven arbitrators who reside in Arizona from the Federal Mediation and Conciliation Service (FMCS). If none of the arbitrators listed on the list provided by the FMCS is acceptable to either of the parties, such party(ies) may request another list from FMCS.
b) Arbitration
2. The arbitrator selected in accordance with the above procedure shall decide the dispute and his decision shall be final and binding on the Employer, the Union and the Employee(s) provided the arbitrator shall only have the authority to decide if the employer violated the express terms of this Agreement or engages in discriminatory conduct on the basis stated in 21(a) or violated requirements with respect to compensation and what the remedy for the violation shall be, and he shall have no authority to add to, subtract from, or modify this Agreement in any way or to rule on any matter except while this Agreement is in full force and effect between the parties. Specifically, the arbitrator shall have no power to establish wage rates on new or changed jobs, or on any existing job or change any wage rate. He shall have no power to substitute his discretion in cases where the EMPLOYER has retained discretion or has been given discretion by the AGREEMENT. In the event the arbitrator finds that he has no power to rule on a case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case.
3. The EMPLOYER in no event shall be required to pay back wages for more than five (5) working days (15 days in cases of pay disputes) prior to the date a written grievance was filed. All awards of back wages shall be limited to the amount of wages the employee would have otherwise earned less any unemployment compensation or any other mitigating payments that he may have received, from any source during the period. If the employee was out of the labor market or failed to make diligent efforts to apply or look for work during unemployment, no back pay shall be awarded for that period of time.
4. The arbitrator shall not have the authority to base his award on any alleged custom, practice or understanding which occurred prior to the effective date of this Agreement.
5. The arbitrator shall not have the authority to render a decision or award which grants relief extending beyond the termination date of this Agreement or to grant relief extending more than five (5) working days prior to the presentation of the grievance (in cases of pay disputes, 15 days).
6. The arbitrator shall not have authority to hear more than one (1) grievance at any time unless it involves identical facts or unless the parties have otherwise agreed in writing prior to the preceding.
7. The arbitrator's decision or award shall be based solely on the evidence presented to the arbitrator by the respective parties or their counsel in the presence of each other, and the arguments presented in the written briefs or oral arguments of the parties. In cases involving disciplinary action the documentary evidence submitted by the EMPLOYER shall not be older than 1 and 1/2 years prior to the disciplinary action in question. The arbitrator's decision shall be final and binding upon the EMPLOYER, the UNION, and the EMPLOYEE(S) affected.
8. The fees and expenses of the arbitrator shall be borne equally by the parties.
9. The burden of proof in any case shall be determined by the arbitrator.
10. The arbitrator shall render a decision within thirty (30) days from the date of commencement of the hearing.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above set forth.
FOR THE AMERICAN GUILD OF FOR THE ARIZONA OPERA COMPANY MUSICAL ARTISTS: ___________________________ ________________________________ ___________________________ ________________________________ TITLE TITLE IN THE PRESENCE OF: IN THE PRESENCE OF: DATE:________________ DATE:___________________
Read the contract modifications for 1997-2000
| Last updated on August 28, 1997 Reach me at altizer@primenet.com |
| accesses since August 28, 1997. |