Author Topic: straight-six on LORT musicals?  (Read 8480 times)

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hbelden

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straight-six on LORT musicals?
« on: Oct 27, 2012, 11:39 pm »
I think I should already know this, but is the straight-six rehearsal day option available for musicals under a LORT contract?

Each straight-six rehearsal block counts as eight hours when calculating work-week hours, but that doesn't preclude a straight six from replacing the 7-hour rehearsal day allowed for musicals, does it?
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MatthewShiner

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Re: straight-six on LORT musicals?
« Reply #1 on: Oct 28, 2012, 04:12 pm »
As always, check with your producers how they typically or want you to handle it, and check with AEA.

I have done the following:

Yes, a straight six still counts as 8 against the week and can substitute for the 7 out of 9.

So, you get 42 hours of rehearsal - if you do 5 straight sixes, then you last day could only have 2 hours.  (Although mind you, on musicals, I have to be very careful on tracking individual actor hours, since I would rarely do full cast a straight six).

When the cast voted, I change the wording on the ballot to say something along the line of

----

In accordance with Rule 50-C-2, the company may agree to use a 6-hour rehearsal block only if it constitutes the entire schedule for the day and the cast is given at least 12-hours notice.  This would take the place of a 7 out 9 hour rehearsal block.

NOTE:  An individual actor may have a straight six; it does not need to be the full company.


-----

Some stage managers, a lot of directors, and dang few actors get the straight six counting as eight, so I rarely explain that.

Now, I would be hesitate to do a week of straight sixes for a musical without double checking with AEA.  I find that most producers/directors need MORE time with musicals, so except for the occasional Sunday or to schedule around a conflict, the straight six may not come into play often.

Should note, I haven't done a bunch of musicals of the LORT contract, but that's what I did the last time.

« Last Edit: Oct 28, 2012, 04:16 pm by MatthewShiner »
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RuthNY

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Re: straight-six on LORT musicals?
« Reply #2 on: Oct 28, 2012, 06:49 pm »
My experience is very different from Matthew's, so this is indeed a case of check with your AEA Rep. I've been told that the straight 6 is counted as the maximum number of hours you are allowed in the day, be that 7 OR be that 8, so that a straight week of 6 hours in a musical IS possible.

Get your own ruling, Heath!




I have done the following:

Yes, a straight six still counts as 8 against the week and can substitute for the 7 out of 9.


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BayAreaSM

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Re: straight-six on LORT musicals?
« Reply #3 on: Oct 28, 2012, 07:18 pm »
Definitely contact LA.

From what little I've done with a LORT-C at TW with the musical staged readings, we never did the straight 6 because it counted as 8 hours towards our 42 max. At least that's what I recall from a convo with Bethany.

MatthewShiner

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Re: straight-six on LORT musicals?
« Reply #4 on: Oct 28, 2012, 08:44 pm »
And also be prepared . . . there may very well be a west coast versus east coast difference on this ruling.

I started my career on the West Coast, and remember being told one thing, that later in my career, I was told another.

Also, I have posed the same question, to the same office, to the same business rep and received two different "verbal" responses.

Post Merge: Oct 28, 2012, 08:49 pm
Also . . .

Quote
My experience is very different from Matthew's, so this is indeed a case of check with your AEA Rep. I've been told that the straight 6 is counted as the maximum number of hours you are allowed in the day, be that 7 OR be that 8, so that a straight week of 6 hours in a musical IS possible.

I think you could do the "week of sixes" - my example below was based on doing 5 "occasional" straight sixes, and what you would have left - does that make sense?  That is to say,  I don't think you could do 5 days of straight six and then 8 hours on Sunday  . . . that would be 48 hours of rehearsal against the work week.  If you go into the week of straight sixes, and have voted for that option, you have that sub-section of rules - which if you do the math 6 straight-sixes would count as 48 hours . . . which is above most (All) LORT-Rehearsal hours, but we are still allowed to do it. 

Check with AEA - but I am pretty sure it's doable . . .



« Last Edit: Oct 28, 2012, 08:49 pm by MatthewShiner »
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VSM

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Re: straight-six on LORT musicals?
« Reply #5 on: Oct 29, 2012, 11:58 pm »
Wow - GREAT thread!
I count straight sixes as 7 hours of rehearsal.
So, in a six day work week, you can have 6 days of "straight sixes", just counted as 7 hour rehearsal days!
6 X 7 = a full work week of 42 hours. And I still add the 2 hour optional costume fittings!
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hbelden

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Re: straight-six on LORT musicals?
« Reply #6 on: Oct 31, 2012, 10:48 pm »
Latest word from my business rep is that no, the straight-six option is not available since it is not part of the work rules for musicals under the LORT contract.

AS ALWAYS, contact your own business rep for interpretations of the rules.  Don't rely on my report here (or any other post).  Always rely on the word from your business rep at AEA. 

As members, we always are speaking from our own individual experience and are not speaking on behalf of AEA for any interpretation or policy.

Thanks all,
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MatthewShiner

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Re: straight-six on LORT musicals?
« Reply #7 on: Nov 01, 2012, 12:28 am »
Heath -
West coast or east coast?
Verbal or written?

I strongly disagree with that reading, and if the producer/director/cast wished to have a straight six, I think the rules are clear that it would be in play . . . if you read the rules in order in section 37.

Quote
(F) Workweek.

(1) During non-performance weeks, rehearsal hours shall not exceed “7 out of 9”
consecutive hours per day (including breaks required in section (G) below).
However, the span of day may be reduced from nine hours to eight and one-half
hours provided the cast so votes, in accordance with Rule 50(E)(1). The total
workweek for Musicals shall not exceed 45 hours, of which no more than 42
hours shall be allotted to rehearsal.

(2) Where there is a rehearsal period of more than four weeks (none of which
may be tech week), the total workweek, in the next to the last week prior to the
first paid public performance, shall not exceed 47 hours, of which no more than
45 shall be allotted to rehearsals. In that week, the Theatre shall have the option
of “7 out of 9” or “8 out of 10” consecutive hours per day (including breaks as
required in section (G) below). The span of day may be reduced from 9 hours to
8 1/2 hours or from 10 hours to 9 1/2 hours provided the cast so votes, in
accordance with Rule 50(E)(1).

(3) The Theatre shall conduct an on-stage, full-dress, full-tech, non-stop runthrough
of the entire play, including intermissions, prior to the first public
performance. If, due to unforeseen circumstances, the tech/dress rehearsal
cannot be achieved, the Theatre shall ensure that all aspects of the production
that might endanger the Actor are rehearsed. Also, the Theatre shall make an
announcement from the stage prior to the beginning of the performance that
there may be a need to stop.

(4) In the seven days prior to the first paid public performance, the total
workweek shall not exceed 55 hours, of which no more than 54 shall be allotted
to rehearsals. The 55-hour week shall fall either in the last full week of rehearsal
or the week of the first paid public performance, but not both. This seven day
period may include:

(a) three “10 out of 12” and three “8 out of 10” consecutive hour days
(including the breaks as required in section (G) below); or
(b) two “10 out of 12” and four “8 out of 10” consecutive hour days
(including the breaks as required in section (G) below).

(c) There must be a day off within this seven-day period.

(5) During combined rehearsal and performance weeks, the total workweek shall not exceed 50 hours.

(6) All other rules for Dramatic productions in Rule 50 shall also apply to
Musicals

I include G because it referenced above.

Quote
(G) Rest Periods During Rehearsals. Except during dress rehearsals, there shall be a rest period of five minutes after no more than 55 minutes of rehearsal or 10 minutes after no more than 80 minutes of rehearsal for each Actor. For each failure to give such rest periods, the Theatre shall pay each Actor one-hour of overtime.


So, there is nothing – nothing in the rules that precludes the straight six, so, I believe ALL OTHER RULES FROM DRAMATIC PRODUCTIONS would be pretty clear that it would cover the straight six option.

I don’t see anything in the section F that precludes it.  (A straight six is less the a 7 out of 9)


I wonder if there would be a different ruling from a different business rep?  A different office?  [I know I received a different ruling then from the one you got here -   But it was verbal.]  A written request?  A committee review?

If you, the producer, director or cast really want it – I would say pursue a concession or a written ruling via your general manager.  (Take the vote and see if it passes the casts’ approval if you want to be able to bring that knowledge to the Union)

Remember, we have the red book – but I do know there are histories of written rulings, prior concession and precedent setting rulings that exist in the office that are attached to each contract that we are not privy to until we go to the business rep.  [The only thing I can think of is that a performer does noy want to sing more than five hours straight . . . which is why the rule maybe in place, but again, it’s simply not there in the rule book – unless I am missing something major.]  I STILL BELIEVE YOU WOULD NEED COUNT THE STRAIGHT SIX AS EIGHT.

Using, what I think is the business rep’s logic, a meal break would not be required – since the rule reads
Quote
““7 out of 9”consecutive hours per day (including breaks required in section (G) below)”
– and section G does not mention meal breaks, nor working past 5 hours.

I think if the wish to preclude the straight six for musicals, it should say “no straight sixes for musicals”.

And again, the union rules can be an extremely flexible thing – which is why the vagueness is written into the rules sometimes – but always go to the union, discuss, and find out “the why” behind the rule, and offer up some other options to see . . . it may need a written ruling, it may need to go to committee . . . but at the end of the day, that’s how the rules get better (And a straight six is often a win-win situation – other than counting for 8 hours, I think everyone – but me – tends to love them.)  This especially important with rules like NEW MEDIA, where there are still be testing out in the field.

I can tell you know, I would schedule a straight six, and feel pretty dang confident based on the rule book in front of me.  (But again, I have received a different verbal ruling in the past to rest upon.)

It’s always important, nay, VITAL to check with the business office that services your contract.  We all have different experiences.

Ruth?  VSM?  Your thoughts?


RULE BOOK QUOTED:
Actors’ Equity Association
AGREEMENT AND RULES
GOVERNING EMPLOYMENT
IN
RESIDENT THEATRES
Effective Date: February 23, 2009
Expiration Date: February 19, 2012
Extended To: February 17, 2013
« Last Edit: Nov 01, 2012, 12:31 am by MatthewShiner »
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hbelden

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Re: straight-six on LORT musicals?
« Reply #8 on: Nov 01, 2012, 02:39 am »
Hi Matt,

West Coast, e-mailed question & response.  The tone of my question was similar to the tone of my first post in this thread. 

The question arose from brainstorming options to deal with a particular actor's conflict on a particular day.  Other SMs at my theatre wouldn't have seen any reason to ask. 

Sometimes I wonder if the flexibility that you note in union rules gives staff leeway in negotiating with particular theaters, particularly theatres that reference the LORT contract without actually being members of LORT themselves.  Obviously, that's simply speculation on my part.

My gloss of the logic involved is that under the Musical rules in Section 37, "(F) Workweek" is intended to replace all of the workweek rules in Section 50(a) and 50(c).  And it does make sense to me that you wouldn't want to sing JOSEPH, for example, for six hours straight.

If it were something we really needed to get the show done, or were scratching our heads to develop a workable solution, I'd probably do as you suggest and have further questions, perhaps push for a concession request.  As it is, I'll just tell the director we need to explore other options and let it lie unless I get pushback about it.
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Re: straight-six on LORT musicals?
« Reply #9 on: Nov 01, 2012, 09:25 am »
Heath, does this mean the other SMs there at "Dream Job" would have never even thought of the 6 hour option, or does it mean they would have scheduled it, not realizing they may not be able to use it on a musical?



<Snip>

The question arose from brainstorming options to deal with a particular actor's conflict on a particular day.  Other SMs at my theatre wouldn't have seen any reason to ask. 

<Snip>
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Re: straight-six on LORT musicals?
« Reply #10 on: Nov 01, 2012, 09:58 am »
I think the logic of replacing one set of rules with another set of rules makes sense, but there are a lot of things NOT covered in the musical rules if you followed that logic - like the meal break rule I brought up and span of day.

I would not have asked the business rep and would have had the cast vote, and just scheduled it - because that's my reading of the rules, and I have had business reps in the past bring me to that conclusion.  In fact, if it was the best interest of my show, I would still go ahead and schedule a straight six.

Business reps sometimes get it wrong - but again, there maybe something in play we don't know - what I don't understand is the REASON being given.

I look forward to when things settle down and I am able to ask a business rep or two about this rule . . . but given current situation in NYC, I think I will wait.


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Re: straight-six on LORT musicals?
« Reply #11 on: Nov 01, 2012, 11:10 am »
I HAVE brought this question up to two Business Reps., and have received one answer, so far.

The reply is, that since the Musical rule does not mention anything about a 6 hour option, as the regular rehearsal rule does, that the 6-hour option is NOT available for Musicals.

I have asked that the the LORT Reps. discuss this more as a group, not only because of our discussion, but because if the 6 hour option is NOT available on musicals, then the employers need to stop including it in our contract riders.  The employers, clearly, are also confused.

Here is the quote:
"(rule 37).  Since the regular Rehearsal rule states other detailed provisions (eg: "7 out of 9" or "8 out of 10") and continues with the 6-hour rule counting as a full day, I would take the 6-hour rule to apply only in non-musicals.
 
The Musical rule simply states "7 out of 9" during non-performance weeks.  The Musical rule does not state anything about a 6-hour provision.
 
With the info above, I would say that the 6-hour provision applies only to non-musicals."
 

I think the logic of replacing one set of rules with another set of rules makes sense, but there are a lot of things NOT covered in the musical rules if you followed that logic - like the meal break rule I brought up and span of day.

I would not have asked the business rep and would have had the cast vote, and just scheduled it - because that's my reading of the rules, and I have had business reps in the past bring me to that conclusion.  In fact, if it was the best interest of my show, I would still go ahead and schedule a straight six.

Business reps sometimes get it wrong - but again, there maybe something in play we don't know - what I don't understand is the REASON being given.

I look forward to when things settle down and I am able to ask a business rep or two about this rule . . . but given current situation in NYC, I think I will wait.

Post Merge: Nov 01, 2012, 11:33 am
And....just as I hit "Post" on the above, I get the ding of an email coming in, and it's the second Business Rep. reply I was waiting for. And yes, dear friends, the second answer is in conflict with the first. So, I have asked, officially, that this be elevated to a discussion with all the LORT Reps. and with the Senior Business Reps, where applicable.  Without concessions in place, there can only be one correct answer...  So, in the meantime, check with YOUR Business Rep. and do whatever they tell you to do.  Yes, I pulled a "Mom and Dad" here, but you shouldn't try it, with a real show in rehearsal.

And, here is the quote:
"I have had this question come up and have interpreted the six-hour rule as applicable in musicals.  If mixed with the 7/9 option, the six-hour block still counts as eight hours as dictated by Rule 50.  I must confess that since the use requires a company vote I haven’t given it a lot of thought but Rule 37(F)(6) incorporates Rule 50 unless there is a conflict.  I don’t think this is a conflict."
« Last Edit: Nov 01, 2012, 11:33 am by RuthNY »
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MatthewShiner

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Re: straight-six on LORT musicals?
« Reply #12 on: Nov 01, 2012, 11:39 am »
I look forward to doing my next musical on a LORT contract to explore this option more fully and get a written response - and fight for the flexibility of the straight six.

The logic baffles me . . . either section 37F and 37G is meant to replace totally sections of rule 50 (Which is hard since the sections don't quite line up) - or the rule
Quote
(6) All other rules for Dramatic productions in Rule 50 shall also apply to
Musicals
stands.

My mind can not compute the biz rep's mindset given the rule book how both can be in play.  I think the two sets of rehearsal rules should be combined (Small Cast, Large Cast, Musical Cast breakdown) or they should cut/paste and then edit the entire rehearsal / performance rules and put in the musicals category to avoid such confusion in the future

(Part of my frustration here is that there is some sort of biz rep handbook that gives more clarity to these rules that are in the rule book - and I understand WHY there is some vagueness in these rules - but, what is very frustrating is there is vagueness in the rule book when there seems to be such clarity in biz rep office).


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RuthNY

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Re: straight-six on LORT musicals?
« Reply #13 on: Dec 11, 2012, 05:58 pm »
So, we all remember this thread, yes?  In short there was disagreement amongst SMs as to whether the LORT 6 hour rehearsal option could be utilized in Musical productions. And also, there were different rulings on the question from different LORT Business Reps. So, I took the question to my local LORT Reps., who discussed it with their colleagues and also got different opinions. When it was clear that AEA did not have a single "point of view" on this matter, the query was referred to the Senior Business Rep., in charge of LORT. Well, I just got off the phone with AEA, and there has been a decision that should produce standardized rulings from LORT Business Reps. nationwide. 

Drum roll, please............ The ruling is that the 6 hour rehearsal option DOES apply to musicals, as the 6 hour option, as written in the Rehearsal rule, is not in conflict with anything in the Musicals rule.  This is how all LORT Reps should be administering this rule, nationwide, in the future.

Please keep in mind two things: LORT negotiations are approaching, and anything can happen during the bargaining sessions. So who knows what these rules will look like in March.

Also, please keep in mind that this 6 hour option replaces 8 hours of rehearsal, so if it is actually used on a musical, the creative team could be out quite a few rehearsal hours.

That's the report. Any questions?
« Last Edit: Dec 11, 2012, 06:01 pm by RuthNY »
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MatthewShiner

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Re: straight-six on LORT musicals?
« Reply #14 on: Dec 11, 2012, 06:02 pm »
I love Ruth.

(enough said)
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riotous