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.
(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.
(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
““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
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