The American Guild of Variety Artists and Actors Equity Association are in a jurisdictional dispute over coverage of Twyla Tharp's latest show.  The show is entitled "Come Fly Away" and features the music of Frank Sinatra.  All of the performers in the show are dancers.

AGMA covers dancers, choreographers, stage managers, soloists and members of the chorus for operatic and ballet performances.  AEA covers actors, singers, dancers and stage managers in plays and musicals.

Although the pre-Broadway performances were covered by an AGMA contract, Troika Entertainment notified AGMA that it had elected to produce the Broadway performances under the Actors Equity Association Production Contract.  AEA has stated that Troika's producing partner, James Nederlander, is signatory to the Equity Production Contract (the contract applicable to Broadway shows during their run on Broadway and touring performances) and therefore Troika has a right to the contractual terms of the Production Contract.  Alan Gordon, national director of AGMA, has answered in the press that AGMA's contracts better anticipate the unique needs of dancers

Generally, a collective bargaining agreement with an employer will state that the employer is agreeing that the union with whom they are bargaining is the exclusive representative of the category of employees being represented.  Usually, but not always, the type of venue is one of the determining factors in the scope of the agreement -- for example, Equity's Production Contract for Broadway venues and AGMA's contract with the Metropolitan Opera.  Therefore, AGMA's recourse would be against Troika for its failure to employ AGMA represented performers under the original contract or to bargain in good faith for a successor agreement.

This type of jurisdictional dispute between AGMA and AEA has arisen in the past in connection with Broadway shows centered on dance. The disputes have frequently been mediated by a jurisdiction committee at the Associated Actors and Artists of America. 

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