Author Topic: TYA Per Diem Rules  (Read 3315 times)

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phillydan

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TYA Per Diem Rules
« 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!

VSM

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TYA Per Diem Rules
« Reply #1 on: Feb 10, 2005, 10:05 pm »
You did the right thing in calling your Business Rep.
It is now in the hands of our Union.

Any infraction of the rulebook will be dealt with by the AEA Rep and the Producer and is not your responsibility.

I'm sure it will all work out.
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RuthNY

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TYA Per Diem Rules
« Reply #2 on: Feb 11, 2005, 10:00 pm »
VSM is correct.  The actor or SM in the single room should save all receipts and turn in copies of these receipts to the producer or his representative after the number of weeks mentioned in the rule book.

If the producer disputes the payment, call the AEA Rep. and have copies of the receipts ready to send to her.

It will all get worked out eventually, and the actor of stage manager WILL get their re-imbursement!

Ruth (on the TYA Committee at AEA--I don't speak for the Commmittee, I speak from my own experience.)
"Be fair with others, but then keep after them until they're fair with you."
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Knave

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TYA Per Diem Rules
« Reply #3 on: Nov 05, 2005, 07:42 pm »
Wow,

I think this post is about me.

I was the SM on this 5 member TYA tour.   THe producer was upfront with me in the interview (6 weeks before first rehearsal) about the hotel booking plan.  I said, well if the actors are ok with it, it shouldn't be that big a deal for me. (Knowing if I wanted to, i could book a single and then be re-imbursed the overage)

Apparently no one told the actors.  and 3 weeks after we received the our  tour itinary (8 days before we went on the road) One of the actors noticed it.  We talked amongst ourselves and  and since the first leg of the tour only was for a week on the road and the rest was all day runs out of NYC, we said well lets see how it works.

After the first night one of the actors (the partner to phillydan's actor) decided he didn't like it.  But  he didn't tell me til the the night before we went back to NYC.

Over the next 3 weeks of touring, when hotels were needed  I took a single when I could, or one actor in the company happened to have family in the area which allowed us to 2 and 2 it.

The Company, belatedly, had made a series of offers in which was to help minimize the overage, and limit the financial burden off of me by asking us to rotate in the single, either as a group of 5 or just the three men,  or
spliting the cost of the three rooms five or 3 ways.

the math was fuzzy at best,  and while I appreciated the intention as not to make me always spend the full  85% of per diem on housing.  The actor did not want to have ever pay for a single and be  re-imbursed.

So he gave notice, and then the other male actor did too, because he knew who ever replaced the first actor, he would be used to the way this company did business I guess,  I never really knew  why, since at this point the company had acquiesed and was booking the third room.

I would have taken personally, but when the two new actors came in to replace them, we talked and they asked to split the room 3 ways whenever possible. So we started cancelling the third room.  

I got re-imbursed all my hotel expenses when i did book a third room, in a very timely manner.

Mind you,  I wouldn't take another extend road tour with this company tho

isha

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TYA Per Diem Rules
« Reply #4 on: Nov 05, 2005, 11:54 pm »
*sings*
"it's a small world after all
it's a small world after all....."
~isha

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