Cameo Clips

The U.S. District Court for the Southern District of New York denied a union petition to vacate the portion of an arbitrator's award that allowed the producers of the Elvis musical, 'All Shook Up,' to use a reduced-size orchestra for their Broadway production. Associated Musicians of Greater New York, Local 802, AFM, v. The League of American Theaters and Producers Inc., 05-CV-2769 (KMK). The collective bargaining agreement (CBA) at issue allowed for a reduction in the required minimum number of musicians for 'Special Situations.' The producers of 'All Shook Up' sought to use a 15-piece, rather than 19-piece required minimum, orchestra 'to create a sound for the show that emulates a typical early-Elvis-type 'band.” The union, and then a designated Special Situations Committee, denied the producers' request. An arbitrator later granted the production Special Situation status on the ground that 'the proposed instrumentation, which includes both the number and type of instruments, was driven by the 'musical concept.”

Citing Elvis-recorded song titles, the district court noted: 'Rather than resolve amicably the Parties' dispute, the arbitration produced a 'A Mess of Blues.'' The union wanted the dispute remanded back to the Special Situations Committee, prompting the district court to comment: 'In effect, the Union suggests, 'Return to Sender.' Because the Court finds that the Arbitrator arguably drew her conclusions, and ultimately, the Award from the essence of the CBA, this case presents '(Such An) Easy Question.' ' For purposes of deciding the merits of this Petition, the Court need only find, and does in fact find, that the Union's argument amounts to nothing more than Petitioner saying that the Arbitrator misinterpreted the CBA, which is not legally sufficient for the Court to vacate the Award.'

The U.S. District Court for the Southern District of New York decided that the term 'pro rata' payment in a talent-broadcasting agreement for an on-air analyst for NFL football games should be based on the number of weeks in the year that the agreement was in effect, rather than the number of games that the defendant announced. CBS Broadcasting Inc. v. Jones, 05 Civ. 10620 (DC). Former Pro Bowl NFL player Brent Jones was hired as an on-air analyst by CBS in 1998. Jones was entitled to $200,000 for 1995. The parties' agreement stated that Jones was to be paid 'in accordance with CBS's payroll practices.' CBS paid Jones a weekly salary of 1/52 of $200,000. But in Sept. 2005, Jones resigned three games into the NFL season over unhappiness with negotiations for his future services to CBS. The talent agreement stated: 'If Contractor [ie, Jones's corporation] or Artist at any time materially breaches any provision of this Agreement ' CBS may ' reduce Contractor's compensation pro rata, and/or CBS may, by so notifying Contractor during or within a reasonable time after such period, terminate this Agreement.' The agreement didn't define 'pro rata.' CBS filed suit arguing that it should be reimbursed the amount it had paid Jones in 2005 above 3/17ths ' based on the football season itself ' of $200,000. Jones acknowledged he had breached the contract but argued CBS's only remedy was terminating further payments to the football analyst.