Just In: Equity & Broadway League Reach Touring Agreement During Shutdown

Just in is word via Equity members that a deal has been reached between them and the Broadway League to take care of agreements for the many national tours that have been canceled, or postponed. According to Mary McColl, Executive Director:

Since Broadway and tours shut down last Thursday, we've been in negotiations with the Broadway League to determine compensation for you and your fellow actors and stage managers on tour. In this unprecedented crisis, we banded together with the top leadership of the other theatrical unions and are all in this together. I am pleased to let you know that we've reached a deal.

For shows that have closed we will work to ensure that you receive everything you are due in the collective bargaining agreement.

Below is a summary of the financial terms for tours with continuous bookings through and after September 20, 2020:

You and your fellow actors and stage managers will receive your contractual salary, subject to a 150% cap of the minimum salary for the canceled performances when suspensions began. You'll then receive the minimum salary for your category on the collective bargaining agreement for the weeks ending March 22 and March 29. These payments will include pension and 401(k) contributions. Health payments will continue through April 12. We have also secured a commitment to discuss additional health contributions the week of April 6.

Below is a summary of the financial terms for tours will not be continuing after September 20, 2020:

You and your fellow actors and stage managers will receive your contractual salary, subject to a 150% cap of the minimum salary for the canceled performances when suspensions began. You'll then receive the minimum salary for your category on the collective bargaining agreement for the week ending March 22. These payments will include pension and 401(k) contributions. Health payments will continue through April 12. We have also secured a commitment to discuss additional health contributions the week of April 6.

Because the unions negotiated together during this unusual time, we have all jointly agreed to the same financial terms. You can contact your business representative with questions you might have.

We don't yet know when tours will resume, but your union is still here and the staff is still working on your behalf. We'll continue to do everything we can to fight for you - from Broadway to Congress. Ultimately, we are in this together, and we will need everyone to stay engaged in our union so we can emerge stronger on the other side. Please keep an eye on your inbox, the member portal and Equity's social media to stay up to date.

Below are the time-sensitive details of the non-financial terms, which include contract suspension and extension provisions, guaranteed right of first refusal, ad cycle extensions and rehearsal payment when productions start back up.

A. Terms for tours with continuous bookings through and after September 20, 2020:

1. Suspend and Extend: As set forth herein, all principal contracts and chorus riders shall be extended for the duration of the current suspension unless the actor can substantiate by no later than five (5) business days from the execution of this agreement that they have another confirmed job that begins after the termination of their current contract, in which case the contract will be extended until the date before the subsequent job is set to commence, unless otherwise negotiated between the Producer and the Actor. The duration of a term contract/chorus rider that is suspended and extended cannot exceed 18 months, inclusive of the period of suspension, unless the parties mutually consent to an additional extension. Any extension hereunder is subject to the Producer's ability to obtain a work visa for the Actor. Notwithstanding the above, in the following circumstances, the Producer shall have the discretion to determine whether to Suspend and Extend the contract or rider of the Actor in the production as of March 12, 2020 if: (a) the production has engaged another Actor for the role or function over a period which overlaps with the contract extension. "Engaged" shall mean an offer made and accepted prior to the suspension; (b) in the circumstance of the one known production where replacement cast actors have not yet started in rehearsals for the production, the production will offer the right of first refusal to these actors when the role or function is available, and Equity and the production will meet and discuss in good faith the applicable terms in lieu of the terms in this Agreement. To the extent that other similar circumstances become known to the parties, they will be discussed between the respective production and Equity.

2. Ad cycles: If a production suspends its commercial advertisements as a result of the suspension, the use cycle weeks and applicable SAG-AFTRA payments will be deemed suspended until the earlier of the resumption of the show (rehearsals or performances) or the commencement of commercials.

3. Contracts/cast: If a production which posts an official closing notice during the suspension reopens within six months from the date the theaters are authorized by the governmental authorities to resume operations, it must offer the Actors and SMs with the production at the time the closing notice is posted the right of first refusal to resume their function with the production. If a production posts a closing notice during the period of the suspension and resumes work six months or later from the date the governmental authorities allow operations, there shall be no obligation to engage the Actors and SMs from the prior production.

4. Rehearsals: A production in performances prior to March 12, 2020 and resuming rehearsals in preparation for the first paid public performance following the suspension shall rehearse under AEA rehearsal rules and rates applicable to the period before the first preview performance only as set forth herein. There shall be a reasonable number of rehearsals limited to the needs of each production to ensure that the safety of the company and the artistic needs of the production are met. The Producer shall consult with Actors' Equity regarding a reasonable number of rehearsals. Factors to consider in determining what is reasonable include, but are not limited to, the length of time between the suspension and resumption of activities, the technical or artistic complexities in the production, and the number of new cast members joining the production. For productions that are past the official opening at the time of this agreement, there shall be a cap of one (1) week of rehearsals at rehearsal rates and under rehearsal rules.

• Replacement cast may be rehearsed at minimum, with Dance Captains at minimum plus DC increment and one SM per room.

For productions in Previews as of March 12, 2020, the Producer and Equity agree to meet and discuss in good faith the time period for which the rehearsal rules and rates shall apply to the production.

B. Terms for tours will not be continuing after September 20, 2020:

1. Suspend and Extend: As set forth herein, all principal contracts and chorus riders shall be extended for the duration of the current suspension unless the actor has compelling personal reasons (including, but not limited to, family commitments, health reasons, another job commitment or a booked vacation) not to extend the current contract. An Actor must provide notification that they will not extend for the above-described reasons no later five (5) days from when the Actor has been notified that a booking outside of their original term has been confirmed. All contract extensions must be at the current contractual rate, and may not go beyond September 20, 2020, unless the parties mutually consent to an additional extension. Any extension hereunder is subject to the Producer's ability to obtain a work visa for the Actor. Additionally, the Producer shall have the discretion to determine whether to suspend and extend the contract or rider of the Actor in the production as of March 12, 2020 if the production has engaged another Actor for the role or function over a period which overlaps with the contract extension. "Engaged" shall mean an offer made and accepted prior to the suspension.

2. Ad cycles: If a production suspends its commercial advertisements as a result of the suspension, the use cycle weeks and applicable SAG-AFTRA payments will be deemed suspended until the earlier of the resumption of the show (rehearsals or performances) or the commencement of commercials.

3. Contracts/cast: If a production which posts an official closing notice during the suspension reopens within six months from the date the theaters are authorized by the governmental authorities to resume operations, it must offer the Actors and SMs with the production at the time the closing notice is posted the right of first refusal to resume their function with the production. If a production posts a closing notice during the period of the suspension and resumes work six months or later from the date the governmental authorities allow operations, there shall be no obligation to engage the Actors and SMs from the prior production.

4. Rehearsals: A production in performances prior to March 12, 2020 and resuming rehearsals in preparation for the first paid public performance following the suspension shall rehearse under AEA rehearsal rules and rates applicable to the period before the first preview performance only as set forth herein. There shall be a reasonable number of rehearsals limited to the needs of each production to ensure that the safety of the company and the artistic needs of the production are met. The Producer shall consult with Actors' Equity regarding a reasonable number of rehearsals. Factors to consider in determining what is reasonable include, but are not limited to, the length of time between the suspension and resumption of activities, the technical or artistic complexities in the production, and the number of new cast members joining the production. For productions that are past the official opening at the time of this agreement, there shall be a cap of one (1) week of rehearsals at rehearsal rates and under rehearsal rules.

• Replacement cast may be rehearsed at minimum, with Dance Captains at minimum plus DC increment and one SM per room.

For productions in Previews as of March 12, 2020, the Producer and Equity agree to meet and discuss in good faith the time period for which the rehearsal rules and rates shall apply to the production.