Common use of Swing Clause in Contracts

Swing. (1) A full Swing (i.e., a non-performing member of Chorus who Swings all or fewer than all Chorus performing in Chorus numbers in the production) of each gender must be employed not later than two weeks prior to the first paid public performance. In all tours, the full Swing shall be employed from the first day of rehearsal. In all instances, the Swing shall be signed to a Swing singer and/or dancer Chorus contract at the time of assignment or employment. Until four weeks after the first paid public performance, Producer reserves the right to reassign full Swing duties to another member of the Chorus who may accept or reject such assignment. Acceptance of such Swing assignment may not be a condition of continued employment in the production. A full Swing may be assigned to cover the full tracks of up to ten contracted ensemble members exclusive of specialties or parts. Although the specific tracks for which a full Swing is assigned may be altered based on the needs of the production, such alterations may not be made more than once each quarter, except that tracks may be reassigned as a result of a company member leaving the production. This provision shall not apply to Dance Captains and Assistant Dance Captains. This provision also shall not apply to productions running as of the October 16, 2019, except that such Grandfathered productions may not change the coverage assignment of a Swing currently covering 10 or fewer full tracks to more than 10 full tracks, or increase the number of coverage assignments of a Swing currently covering more than 10 full tracks. This provision does not alter any emergency swing provisions in the Agreement. (2) Notwithstanding anything to the contrary herein, the procedure described hereafter shall not be used to require any production to assign less than the full tracks of up to ten contracted ensemble members to a Swing, the need for and employment of additional full Swings shall be subject to negotiation between Equity and the League at Equity's instance. A committee consisting of two representatives of Actors' Equity, and two representatives of the League, none affiliated with the production, shall meet to determine such need. In rendering such determination, Equity representatives and the League representatives shall each cast one vote. Unanimous opinion shall be binding on the League and Equity. Failing unanimity, the matter may be taken to expeditious grievance and expeditious arbitration by either party. (3) The Producer and Equity shall be provided with a weekly report from the Stage Manager on the approved form detailing for each performance: the number of performers absent, the reason they were absent, the number of performers who covered for the absent performers, and the number of roles or tracks that were altered or uncovered. (4) A Swing may be required to attend understudy rehearsals provided that Swing rehearses only those functions for which Swing is contracted. (5) No Swing shall be permitted to perform for more than three consecutive weeks for any one Chorus, except in the case of sickness, injury, or disability in which event the period shall be four consecutive weeks. (6) A full Swing shall be paid not less than 5% of actor minimum (as stated in Rule 63(A)) per week above minimum salary in addition to all other increments required by the Agreement. (See Appendix A for compensation chart.)

Swing. (1) A full Swing (i.e., a non-performing member of Chorus who Swings all or fewer than all Chorus performing in Chorus numbers in the production) of each gender must be employed not later than two weeks prior to the first paid public performance. In all tours, the full Swing shall be employed from the first day of rehearsal. In all instances, the Swing shall be signed to a Swing singer and/or dancer Chorus contract at the time of assignment or employment. Until four weeks after the first paid public performance, Producer reserves the right to reassign full Swing duties to another member of the Chorus who may accept or reject such assignment. Acceptance of such Swing assignment may not be a condition of continued employment in the production. A full Swing may be assigned to cover the full tracks of up to ten contracted ensemble members exclusive of specialties or parts. Although the specific tracks for which a full Swing is assigned may be altered based on the needs of the production, such alterations may not be made more than once each quarter, except that tracks may be reassigned as a result of a company member leaving the production. This provision shall not apply to Dance Captains and Assistant Dance Captains. This provision also shall not apply to productions running as of the October 16, 2019, except that such Grandfathered productions may not change the coverage assignment of a Swing currently covering 10 or fewer full tracks to more than 10 full tracks, or increase the number of coverage assignments of a Swing currently covering more than 10 full tracks. This provision does not alter any emergency swing provisions in the Agreement. (2) Notwithstanding anything to the contrary herein, the procedure described hereafter shall not be used to require any production to assign less than the full tracks of up to ten contracted ensemble members to a Swing, the The need for and employment of additional full Swings shall be subject to negotiation between Equity and the League at Equity's instance. A committee consisting of two representatives of Actors' Equity, and two representatives of the League, none affiliated with the production, shall meet to determine such need. In rendering such determination, Equity representatives and the League representatives shall each cast one vote. Unanimous opinion shall be binding on the League and Equity. Failing unanimity, the matter may be taken to expeditious grievance and expeditious arbitration by either party. (3) The Producer and Equity shall be provided with a weekly report from the Stage Manager on the approved form detailing for each performance: the number of performers absent, the reason they were absent, the number of performers who covered for the absent performers, and the number of roles or tracks that were altered or uncovered. (4) A Swing may be required to attend understudy rehearsals provided that Swing rehearses only those functions for which Swing is contracted. (5) No Swing shall be permitted to perform for more than three consecutive weeks for any one Chorus, except in the case of sickness, injury, or disability in which event the period shall be four consecutive weeks. (6) A full Swing shall be paid not less than 5% of actor minimum (as stated in Rule 63(A)) per week above minimum salary in addition to all other increments required by the Agreement. (See Appendix A for compensation chart.)

Swing. (1) A full Swing (i.e., a non-performing member of Chorus Ensemble who Swings all or fewer than all Chorus Ensemble performing in Chorus Ensemble numbers in the production) of for each gender to which roles are assigned must be employed not later than two weeks prior to the first paid public performance. In all tours, the full Swing shall be employed from the first day of rehearsal. In all instances, the Swing shall be signed to a Swing singer and/or dancer Chorus Ensemble contract at the time of assignment or employment. Until four weeks after the first paid public performance, Producer reserves the right to reassign full Swing duties to another member of the Chorus Ensemble who may accept or reject such assignment. Acceptance of such Swing assignment may not be a condition of continued employment in the production. A full Swing may be assigned to cover the full tracks of up to ten contracted ensemble members exclusive of specialties or parts. Although the specific tracks for which a full Swing is assigned may be altered based on the needs of the production, such alterations may not be made more than once each quarter, except that tracks may be reassigned as a result of a company member leaving the production. This provision shall not apply to Dance Captains and Assistant Dance Captains. This provision also shall not apply to productions running as of the October 16, 2019, except that such Grandfathered productions may not change the coverage assignment of a Swing currently covering 10 or fewer full tracks to more than 10 full tracks, or increase the number of coverage assignments of a Swing currently covering more than 10 full tracks. This provision does not alter any emergency swing provisions in the Agreement. (2) Notwithstanding anything Prior to the contrary hereinbeginning of the season, AGMA and the procedure described hereafter Producer shall not be used to require any production to assign less than the full tracks of up to ten contracted ensemble members to a Swing, meet and agree upon the need for and employment of additional full Swings shall be subject to negotiation between Equity and the League at Equity's instanceSwings. A committee consisting of two representatives of Actors' EquityFailing agreement, and two representatives either party may file for expeditious arbitration within five (5) days of the League, none affiliated with the production, committee’s decision. The arbitrator shall meet to hear and determine such needcase within twenty-one (21) days of submission. In rendering such determinationThe arbitrator may issue an award in advance of a written decision, Equity representatives and however a written decision will be provided to the League representatives shall each cast one voteparties within thirty (30) days of the hearing. Unanimous opinion shall be binding on the League and Equity. Failing unanimityUpon mutual agreement, the matter parties may be taken to expeditious grievance and expeditious arbitration by either partyextend the timelines in this provision. (3) The Producer and Equity AGMA shall be provided with a weekly report from the Stage Manager on the approved form detailing for each performance: the number of performers absent, the reason they were absent, the number of performers who covered for the absent performers, and the number of roles or tracks that were altered or uncovered. (4) A Swing may be required to attend understudy rehearsals provided that Swing rehearses only those functions for which Swing is contracted. (5) No Swing shall be permitted to perform for more than three consecutive weeks for any one ChorusEnsemble, except in the case of sickness, sickness or injury, or disability in which event the period shall be four consecutive weeks. (6) A full Swing shall be paid not less than 5an additional 10% of actor Ensemble minimum (as stated in Rule 63(A)) per week above minimum salary weekly salary, in addition to all other increments payments required by the Agreement. (See Appendix A for compensation chart.)