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« on: Feb 10, 2005, 08:01 pm »
I'm working with an actor right now on a TYA tour and his partner is also working on a TYA tour, but for a different company. They are having a dispute with the producer regarding hotel accomodations and I was looking to see if anyone has had any experience with this issue.
My actor's partner is one of a company of five, including four actors plus a stage manager. The producer's default room arrangement when they booked the hotels was one double room (for the two women in the cast) and one triple room (for the men in the cast plus the male SM). The two men in the cast do not want to room with the stage manager and be in a triple room. They want to be in a double room, which would then force the SM into a single. Obviously, this would be a lot more expensive for the SM, especially considering that the current per diem on the TYA contract is $52.00.
There is a rule that states that unless the actor chooses to arrange for his own accomodations, the producer must reimburse him anything spent on hotels in excess of 85% of the per diem.
The producer is interpreting this to mean that if they elect not to accept the producer's rooming assignments, then the producer is not responsible for paying the overage under the 85% rule. However the actors feel that by staying in the same hotel booked by the producer they are not arranging for their own accomodations, just changing room assignments.
There is nothing in the rules to qualify the payment of the excess hotel costs (in other words, there is nothing in the rules that says opting for your own room would disqualify you from being reimbursed under the rule).
The actors called Equity and the TYA business rep sided with them, told the producer what the rule was and that the company cannot dictate who rooms with whom and that if every single person in the company wanted to be in a single, the producer would be obligated to pay the excess under the rule. Now the producer has flat out said that they are in disagreement with the ruling, will not pay the excess costs over 85%, and they'll have to come up with some other solution.
So, I'm wondering if anyone here has encountered this and what your experiences were. I am currently in a single, and the producing company is more than willing to reimburse me for the excess hotel costs.
Also, what's the next step now that the producer is in disagreement with the TYA Business Rep's interpretation of the rule? Is her ruling final. or can they take it to arbitration?
I'm interested to hear your feedback!