Author Topic: SPT 10 Question  (Read 3576 times)

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jenhen

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SPT 10 Question
« on: Oct 25, 2007, 02:21 pm »
So the background:
One of our actors in a 4 person play has been out the past 3 days with a strained back.  2 of the other 4 actors have not been called for 2 days this week.  The director wants to rehearse for 3 hours on Saturday, our scheduled day off. 

I know if I come in I get 2/6ths of my weekly salary if I come in (which I don't want to, we'd planned to go pumpikin picking for my birthday that day, but that's another story), but what about the only actor who hasn't had a day off yet this week, and won't get another one till the following Saturday?  If he agrees to come in, I would think he gets paid overtime, but does he get 2/6ths as well?

And what about the actor who's been out?  Yeah he's had 3 days off, but aren't they technically sick days?

I have a call into equity on this, but I was wondering if anyone else had some thoughts.

Scott (formerly Digga)

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Re: SPT 10 Question
« Reply #1 on: Oct 25, 2007, 10:21 pm »
The only thing I can think is Rule 54 (O)(1) might come into play for the sick actor.  Not sure how that would work for the Day off though.  I know others who ran into a similar situation with an actor being replaced at the last minute on an SPT contract but I believe they were able to replace the Day Off earlier to make it work. 

Rebbe

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Re: SPT 10 Question
« Reply #2 on: Oct 26, 2007, 12:59 am »
Perhaps Equity will make an allowance for you given the tough situation, but just going by the book, Rule 10 (C) seems to indicate that no actor can work more than 8 days without a break, period.  It looks like an exception is made for SMs, allowing us to pass on the Designated Day Off for a price, but this rule creates a problem for the 1 actor you’ve got who hasn’t missed any rehearsals.  I think you’re right that the sick days are just that, and not days off, and if that’s the case the sick actor is in the same situation as the other actor (but the book doesn’t spell that out).  If Equity does let the actors work anyway, I sure hope they get paid 2/6th! 

This rule also says you can’t change the Designated Day Off without unanimous consent of actors, and with not less than one week’s notice.  The week’s notice part would be the second problem here, if you’re talking about this coming Saturday.  We can’t decide retroactively that because Actor 1 was not called to rehearsal on a previous day, we can now tell them that a day which has already passed will now be considered the day off, even though we didn’t know that originally when we decided not to call them.  That would set a pretty crazy precedent.  If Equity makes an exception here, you’ll also have to look at all your future scheduled days off to make sure they’re at the right intervals.

You’ve probably already thought of this, but if the director is only trying to squeeze in three more hours of rehearsal, another possibility is to keep the Designated Day Off where it is, and then tack those three hours onto the first work day of the following week.  All 5 Equity folks would need O/T pay for it, but it might be worth it since it is a small cast.  Good luck...and happy birthday wherever you spend it.
"...allow me to explain about the theatre business. The natural condition is one of insurmountable obstacles on the road to imminent disaster."  (Philip Henslowe, Shakespeare In Love)

MarcieA

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Re: SPT 10 Question
« Reply #3 on: Oct 26, 2007, 01:13 am »
I agree with Rebbe, and he beat me to the punch on the response.

My immediate response was to say that because you don't have a week's notice, you can't change the day off, and it's as simple as that. Sick days are not the same as having time off.  If the 4th actor and you agree to overtime, you could add it onto Sunday if it doesn't go past 8.5 hrs or next week.

A wise actor once said to me "I see rehearsals as this: if we have a 40 hour week, I'm scheduled to rehearse for 40 hours. Any hour, let alone day that I'm not called is just extra time for me that I didn't count on."

That being said, if your director tries to pull the 'but I didn't call those two for 2 days' line, remind them that they chose not to call them and there's not enough time left in the week to alter the schedule for it.

Also. I miss you Jenna Hen!!!! When are you coming up here to visit!?
Companions whom I loved and still love, tell them my song.

VSM

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Re: SPT 10 Question
« Reply #4 on: Oct 26, 2007, 08:30 pm »
Hey Jen ~

Great question!
Please keep us posted as to what Equity says, this one's a stumper!
Ordo ab chao

jenhen

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Re: SPT 10 Question
« Reply #5 on: Oct 28, 2007, 11:54 pm »
And the answer is:

For BOTH actors, the rule that takes precedence is invasion of the day off + 12 hours (my book is at the theatre, and I am at home so I don't have the actual rule number).  This means they would both be entitled to double overtime for the rehearsal.  This turned out to cost the theatre about $350 for a 2 hr rehearsal.  They decided it wasn't worthwhile, so I was able to get my pumpkin picking in. 

The other issue I had with this is that it would've meant I worked 22 days straight, which would've been a bit much to take.

Thanks for the suggestion about adding hours to next week, Rebbe!  I hadn't thought of that one. 

(Marcie: I'll be in NYC sometime next month or early Dec to observe "The Brothers Size" at the Public b/c that's the next show I'm doing in DC.  We should definately get together!)

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