99 As I See It (Yeah, it's long)

Some have asked my views on the 99-Seat situation in Los Angeles. Here are some thoughts:

I am an actor first and a trade unionist second. I consider my Equity brothers and sisters in Los Angeles County fellow professionals. I have seen great brilliance in productions in Los Angeles' intimate houses.  I do not sneer that Angeleno actors are "fighting for their right to work for free." I have friends and colleagues who regularly perform as well as produce in small theaters.  I want this art and community to continue.  I also want actors and stage managers there to be under Equity contracts.  I took issue with the original Council proposals which were put to referendum.  My main objection was the rule about membership companies. The final Council-adopted rule is better, but not perfect. Also, Equity's typical ineptitude as regards communication made things much worse than they had to be.

Putting aside the viability of California minimum wage or Hat-to-99, the main reason I want my brethren and sistren to be under contract is for the protections that the institution of a contract would provide.  Remember that the (newly) old 99 Plan was a code and not a contract.  What this means at its base is that it was unenforceable. Equity contracts have the best safe and sanitary protections compared to similar contracts anywhere.  The various clauses in our contracts cover almost any situation that can occur in a theatre. With the old 99, if there were problems, one could call the union, who would in turn have a staffer call in a stern voice and admonish the producing entity to repent and change, but as for muscle - there was none.  The codes assume adherence to industry practice, but the actor or stage manager is essentially on his own.

The other reason that I want to do whatever we can to establish contracts is participation in the health care plan and pension credits. I don't think I have to elaborate on why health care is important. It's harder to qualify under the SAG Producer Pension and Health Plan and the AFTRA Health And Retirement Funds than ever.  (O may they one day merge!) Having access to an alternative health care plan under an Equity contract would be a boon for L.A. area actors.

Many members, especially younger ones, don't give retirement much thought. Under the Equity League (our health and retirement plan) one need only work two weeks of covered employment out of a year to qualify for a pension credit. After ten years (not necessarily consecutive) one is vested and can receive a pension when you reach the right age. And while it's early to even broach this subject, (not to mention beginning a sentence with 'and'), many of our contracts include 401(k) savings plans.

Another element to all Equity contracts is bonding. This is an element of the contract that AEA members rarely have even a passing relationship with. Equity requires each producer to put aside two weeks salary - a bond - so that if something goes wrong; the production runs out of money, the production is prosecuted, etc, the actors are the first to be taken care of.  This is one of the bedrocks of Actors' Equity contracts.

Stage Managers. I'm sure I do not have to inform anyone as to the difference between an Equity Stage Manager and one who is not. A contract would require that the PSM be an Equity member.  'Nuff said.

All the above is what we aspire to in establishing contracts in Los Angeles. This is not immediately the result of Council adoption of the new 99-Seat rules. It is, however, the eventual goal.

Now - Salary.

This is the thing, of course, that has caused the rift between L.A. members and their union. The minimum wage floor has now been set by the union for those that would qualify (see link, above) and this does not even include the above fringe benefits. This is cheap as compared with the national average salary, but still unattainable for some producing entities using their current business models.

And changing the business model is the whole point. There was heretofore no incentive to change the actor and stage manager line items in a show's budget. I am a realist, though. I know that some producing entities will fold. These theaters are not just items on a spread sheet.  They represent actual human beings: colleagues, lovers and friends. These theatre collectives contain memories and some of our collective theatrical experiences, both as creators of art and as a society. They have also provided showcases that have allowed industry folk to consider us for further work.

My feeling is that L.A. intimate theatre will not go away - but it will change. Theatre is created by humans for other humans. The human actors and stage managers are still in Los Angeles. They will adapt, as they do in every other community around the country. Those that produce, be they producer/actors or full time producers will learn how to do so with the new rules. It will be more difficult. It will be different.

Most of my work is not in New York City.  I work quite a bit in theaters around the country with shoe-string budgets. (And some can't even afford shoe strings) Some of these have existed for decades, despite the vagaries of economy, the waning and waxing of charitable giving and other circumstances and situations which seem to conspire against them.  I daresay that what these long-suffering (but thriving) theaters share with some of the venerable smaller theaters in Los Angeles is an individual or very small cadre of committed individuals, without whom the structure would collapse.  The theatre may have dozens of artists and other volunteers who are passionate about their mission and would do anything asked of them to keep their theatre alive, but when push comes to shove, as the old saying goes, it is this tenacious person upon whose shoulders living or dying is decided.

My prediction is that in each extant theatrical organization or collective there will be that one person who seeks to make the organization thrive despite whatever rules or other road blocks are presented before them. Essentially what the new rules are forcing L.A. intimate theatre to do is to learn a new producing model.

Some of these individuals will not wish to produce under a new model or these newly-needed skills may not be in their wheelhouse of talents. If another within the organization does not step-up, that organization may fold.  Or it may morph into a new entity.  The new rules will also see new players create new theatre.  This is what happens to theaters all over the country.

Now, before you say, "Fuck you, Roddy, you don't live here (that is, L.A.) and couldn't care less about us. Go back to living in your own private Idaho where unicorns and rainbows abound," let me tell you that I have seen this scenario repeat itself time and time again. Theatre keeps re-inventing itself.  I see this in communities with nowhere near the funding potential that Los Angeles has.  I have worked in a theatre for the last couple of decades which is the third generation of the original.  Many different buildings, charters, mission statements, boards and donors and different Equity contracts - same artists, though.

Long Beach Playhouse, as you might know, recently posted on its Facebook page that it is "first and foremost, a community theater. We are not, and never will be, a professional theater..." Though I am sure that the Equity members who worked there previously did wonderful work, LBP is now saying that keeping a working relationship with professionals in not a priority.  I'm not disparaging Long Beach Playhouse. They will probably do wonderful work in the future, but they don't seek to be a professional theatre.  One does not need a union card to make art.

There is an implicit compact that one agrees to when one joins a union. It is a political act. For the betterment of my fellows, there is some work that I agree not to take, so as to raise the tide for all boats. I have been offered, dozens of times, plum roles that I was itching to play if would only work off the card, under a different name. Being a union member is a solemn pact to me.  Another actor may not have the union zeal that I have. Lacking passion for, even hating ones union, does not mean that ones actions do not affect others. We are all connected, in a very deep way.

To establish a beachhead in terms of a contract, a group of people (a union, if you will) has to establish a minimum or no progress can be made. I know that we're not dealing with Sam and JJ and this isn't 1919. There are some who should have gone to contract years ago, but the cases of actual wage abuses are rare.  Just as important as stopping unfairness is establishing a mindset within ourselves that will make ameliorating the condition of the actor and stage manager in the upper areas of our psyche.   There is a canard that I have heard for decades now that making a living in L.A. theatre is impossible and never will be possible.  I don't believe it.

Part of changing 99-Seat, be it this change or not this change, was to get rid of the Settlement Agreement so that we may find bargaining partners to negotiate with. This is how contracts are established.

I will leave it those who are actually working under them to tell me how they view the other tines of the new rules, namely the 50-or-Less showcase and the Los Angeles Self-Produced Contract Code. It seems to my eye that these, combined with the contracts above cover most bases.  I know that there are still AEA members in Los Angeles who are unhappy - even lividly angry - over the new rules. It is not an attempt to mollify you to say that I consider this a still evolving situation.  Having served on contract committees and a term on Council (2004-2009), I can tell you that at heart, Equity wants its members to work. When pressure is brought to bear by the members, (as it is now) change happens. Rumors of the Council cynically toasting each other behind closed doors over the adoption of the new rules is false.

To be Pro-99 or not to be?  That is no longer the question. The reality for us all is what Council has voted up. I do think establishing a contract is a high priority.  I also don't pretend as though it is a settled matter.  Even with the new rules, it is still a work in progress.  I am glad that the Los Angeles theatre community (and others around the country) have stepped up and passionately raised their voices. I sincerely hope that we will all continue doing so. Union matters can often be tedious and the minutiae of NLRB rules, state and federal work rules and clause-and-sub-section contract language can make many a crusader lose interest or run screaming into the night. Stay in it.

Anyway, I hope this tells you where I stand on things 99-Seat. Whether this influences your vote or not, please do vote for someone.  It's very important.  I know it is a difficult choice when all you have to go is a 250 word blurb in Equity News, but not voting at all is a huge mistake. I am open to learning and I would love to hear from you.  Please visit my candidate website and you can always email me at buzzforcouncil@gmail.com

99 Seats or Art For Bucks

If you do not live in Los Angeles, you may not  care anything about the current debate over the proposed changes that Equity Council wants to make to the 99 Seat plan. But know that this controversy goes right to Equity's reason for being.

If you are a New Yorker, you may be familiar with the Showcase Code.  This code (as opposed to a contract) is only for productions in New York City.  The 99 Seat Plan (again - a code and not a contract) is for productions in Los Angeles and mirrors the Showcase Code in a number of significant ways, but the main similarity is that Actors and Stage Managers get little or no money.

Let's start with what most all of us agree on: the 99 Seat Plan is out of date and needs to change.

Unfortunately, there has been not so much dialogue, as sniping, much of it on Facebook and Twitter.  Social media are useful when planning a family reunion, circulating a petition and the like - but debate? It's pretty impossible, and so normally even-headed participants in such discussions soon devolve into malcontents lobbing bombs at one another.  We are all, no matter in which region or city one resides or whether Council member or rank-and-file, on the same side in terms of wanting to improve the lot of our members.  I write this a couple of weeks after the Town Hall meeting on February 23 where members and union staff and Councillors met face-to-face. I was not there, but it was, by all reports, civil and useful. Encouraging.

First of all, what is the difference between a Contract and a Code? In simplest terms: a Contract is a legal agreement between two parties, which states duties and services expected of both parties and has a mechanism for resolving disputes.  A Code, on the other hand, is suggested and less legally-binding. There are no grievance procedures if one of the parties does not deliver on the agreement.  Much AEA staff time and money - our dues money - has been spent on trying to enforce the unenforceable.

There are the three main points of Council's proposal. And remember - this is a proposal, not an edict from the tsar.  I am amazed at the number of members vilifying Council who have not even read the various materials provided on the AEA website, but have taken for gospel the précis provided to them second and third hand.  It's somewhat dry reading, but we should all read it and understand it in order to have an informed debate.  I will try to walk you through the proposal, below.

1) Members who want to self-produce on a per-show basis, would be able to use the Los Angeles Self-Produced Project Code. This means if a group of colleagues wish to produce a production of
HAMLET - they can, without an Equity contract.

2) The Los Angeles Membership Company Rule is the part of this proposal that most seem to take issue with.  Essentially, the number of membership companies in LA are frozen, as are their constituent memberships.  Company members would not have to be paid the California State minimum wage.  Under this rule, it is conceivable that Hamlet could be working for nothing and Rosenkrantz would be getting a salary.

3) There would be a new promulgated 99-Seat Theatre Agreement that Producers could employ that would pay our members the California State minimum wage.  This is an actual contract.  It is a good start.

Many people have taken issue with the word "promulgated" This is a legal term for an agreement that the union crafts when there is no bargaining partner to negotiate with.  AEA has several of these, including the Guest Artist agreement and Small Professional Theatre (SPT) contract. You will notice that on these documents there are no signatures at the bottom, like on the Production contract. There is not a bargaining unit of 99 Seat producers with which to negotiate.  For this reason, Equity will come up with its own terms, looking out for the best interests of the membership.

The coming referendum will be advisory. Why is it an "advisory referendum"? Equity's Constitution and By Laws state that:

"The general management, direction and control of the affairs, funds and property of the Association and the determination of the relations and obligations of members to the Association, of the Association to members, of members to each other and of members to employers, except as expressly limited and/or controlled by this Constitution and By-Laws, shall be vested in the National Council."

That means that it would not be possible for a vote from Los Angeles members to accept or do away
with the proposal.  But this also does not mean that the proposal is a fait accompli.  After a non-binding referendum, the issue goes back to Council where it is debated and then voted on.  Remember - Council works for you.

Me? I am completely in favor of the intent of the proposals. Practically, I like two out of the three items in the new package. I see problems with the membership company issue as it is proposed.  Either new companies should be allowed to form in the future or there should be flexibility in existing companies future member rolls.  Perhaps even established companies could, under certain circumstances, utilize the LASPPC (above).  This tine of the fork is easily fixable.  Of course, this is a proposal to be voted upon by Council for its members. If its members then decide that it is not working there can be a redress.

I have seen some excellent theatre in L.A., both by established companies and one-offs.  I know of no one, Councillor or otherwise, who does not want it to continue. But for too long we have not valued ourselves as much as we deserve and many of those who produce us (I can not really say 'hire' us') have not either. What we are faced with is a leap of faith.  If this goes through, we are saying that our work has value. Please note that I am not calling anyone's work 'crap,' or some such.  I am talking about the life of the actor. I have found in my career that my worth is determined by me.  The first time I tried to ask to be paid over minimum salary I was terrified and sure that I would never work again.  I believe I asked for an extra $20 per week.  It turns out that the producer in this instance didn't even pause when he accepted my counter-offer. The only thing stopping me from getting more was my asking for it. The 99 Seat dilemma is more than about minimum wage.  It's about raising the floor for all actors and stage managers. As the economy continues to get stronger, arguably now is the strategic time to ask for a raise.  Later this year, we will begin negotiations on our flagship contract - Production. It will sure help our position if we show a groundswell of demanding more. Even Wal-Mart gave its employees a raise recently.

To some, AEA Council is, at the least out of touch or at worst, on a power-mad crusade to destroy 99 Seat theatre. I am glad that there is passion - which is the currency we most work with and for - on both sides of the issue.  At issue is the inherent value of the actor or stage manager. There is a bit of a "build it and they will come" aspect to the 99 Seat proposals.  Yes, it is a risk.  So was the Actors' Strike of 1919. Council is seeking to establish a floor, beneath one cannot grovel.

The contention of the ILove99s, as a cadre of theatre people have styled themselves, is that imposing this plan will kill theatre as it currently exists in Los Angeles.  The target in the sights of Equity Council is the producer who has a business model whereby its existence depends on actors as volunteers. My take on it is that the proposals, if adopted, will most definitely change L.A. theatre.  And for the good.  Realistically, of course, some theaters will close. Other companies will change their business models and new companies will form.  L.A. theatre will thrive.

Why do I have such a rosy view of the future?  It has been borne out by experience.  When the New York Musical Theatre Festival (NYMF) caused members to complain that this code was being abused by producers, Council formed a hybrid contract/code. It attempted to straddle developmental and contract work.  Many thought it was the end of NYMF, but the number of productions in the Festival has grown each year and those seeking to work under this agreement have ballooned, as well. Equity has intervened in similar situations.

A friend of mine gives his experience thus:

"I remember working at a theatre that will remain unnamed. . . when we worked for free, they abused our hours, called spur-of-the-moment rehearsals, and played on our good graces to give them more and more time. . . as soon as we went AEA and started getting paid, the hours and responsibilities were revamped and they made damned sure we were out on time so they didn't have to pay OT. . . the mark of being paid, regardless of the stipend, gives us the rights and respect of professional artists. . . unfortunately the only recourse we have with theater management is through the wallet and their respect, not for us, but for the $. . ."

These are not as in the days of Sam & J.J. Schubert.  Many of these companies are just being held together by duct tape and are not the monolithic entities of another era, getting rich on the backs of the actor (or stage manager).  And that is precisely why there are the other two provisions in the 99 Seat proposal.

Many will say that as a New Yorker, I have no horse in this race.  I disagree.  I constantly have to deal with people thinking that because I am an actor that I don't really work for a living.  I am not talking about civilians now, I mean from my fellow collaborators. There is a now infamous quote made during a major Equity contract negotiations where a long-time theatre producer was overheard to share indignantly with a colleague, "I hear actor are buying houses now!"

I will bow to the will of my Los Angeles brethren and sistern. I hope that they will take the leap.  Change is frightening.  Standing tall against strong opinion is daunting. The 3500 or so eligible members will tell the Council when the referendum results come in.  I hope they vote "Yes."

AEA Elections - Who gives a crap?

In 2012 there was an important national election for the office of President of the United States.  As it was important to participate, I showed up at my local polling place, pulled back the curtain and started turning levers.  There was more on the ballot than just the office of President.  There were city councilmen.  There were ballot initiatives.  And there were judges up for election.

Judges.

I had done research about all the candidates, except for the judges. I know that who we have on the bench, making decisions in our courts was vital to our democracy but for the most part, I closed my eyes and picked the first lever I touched.

How do you decide who to vote for in Actors' Equity Council elections?  Do you end up just not voting?

Most Equity members know how important it is to have a Council who represents their best interests.  There are those who dig assiduously into the backgrounds of AEA candidates.  They attend membership meetings.  Some contact the candidates directly. When casting ballots, their choices are well-considered.

Most of us, if we do vote at all, use criteria such as the likeability of a candidate. Perhaps we have seen candidate "A" in a play and she was wonderful.  Perhaps Candidate "F" submitted a really good-looking photo to Equity News.  If you use either criterion, you cannot really be blamed.  Our election procedures are not such as encourage much engagement by members.  That said, member apathy is a fact.  Most of us do not even want to think about the union and its dealings in our day-to-day lives.  We just want to work and are happy that our contract provisions are in place.

What type of person runs for a Council seat?

Not anyone who wants a cushy job, that's for sure.  Many do not know that Equity Council members do not receive a salary.  There are over 80 Councillors: 8 officers; 75 Councillors-at-large and 9 Councillors Emereti (retired Councillors who can not vote).  There is a meeting every month, averaging about 4 hours in length.  In addition, every Councillor serves on the board of his or her Region. That's an additional monthly meeting. Special meetings pop up from time to time.  Most Councillors serve on several committees and often chair many of these.  This represents additional hours in a given week. Often, being on Council is a full-time, unpaid job. So I can tell you that any one who chooses to serve doesn't do it just for the nakhes.  I have respect for anyone who does this work, whether I agree with them or not.

I'll tell you what I get out of it. Perhaps you have heard the phrase, "do well by doing good." I am trying to make my life as an actor better by improving the industry as a whole. This is work that I enjoy.  Why?  First, I have known many of the serving Councillors for several years.  We work together well.  They are wicked smart, as Bostonians say.  I have always enjoyed being in a great ensemble in a show. It's about the collaboration. Union service, for me anyway, is a facility which feeds on itself.  What I mean by this is the more I learn about how things work, the more I want to make them work.  I do a lot of research at law libraries, on-line and with labor attorneys and officials. I suppose I might be termed a "labor geek."

I have some pet projects:

• Public Policy is a large interest of mine.  Lobbying elected leaders for arts funding; tax reform for artists; marriage equality; unemployment reform - these are all things that I have gotten enormous satisfaction out of working on, even though the progress can be glacially slow. I was so glad when AEA got its own AFL-CIO charter. As much as our funds and staff can afford, without displacing our contract negotiation and enforcement capability, we must work with big labor to make things better for everyone. (The better people do, the more they are willing and can afford to see theatre)

• Election procedures.  This is the genesis of this particular blog post. Our elections do not engage the Membership.  Part of this is Equity's fault.  Some of this is due to the draconian and counter-productive anti-union labor laws. This relates back to public policy, above.  The other side of this equation is member apathy.  One of the benefits of the current touring controversies is that more of us care about who is in the room when we negotiate our contracts.  I hope that this energy increases.  I am positive at the moment that it will.  I hope we all keep the pressure on our fellows to get involved.

• Membership Education. An educated and informed membership is our most valuable tool in maintaining a strong union and achieving our goals.  If you are an AEA member and are reading this, count yourself as part of the solution.  Thank you. I would love to have a permanent institution in our union.  Similar to the AFTRA-SAG Conservatory.  Call it Equity University.  In addition to free workshops and classes to improve our performing skills, many of us need business training and need to learn about how the union works.  This will take some major money.  We have an under-used and under-funded Actors' Equity Foundation. This is an organization separate from the union and not in any way funded by union dues that could be used to bring this about.  Right now, we have periodic seminars and workshops that spring up when we can cobble them together.  I have taught a few. We could use more.

• Access to work. Equity Principal Audition and Equity Chorus Calls (EPA/ECCs) Agent Access Auditions (AAAs) are all programs that people are getting real work from. The former has grown in value due to vigorous contract enforcement. The latter is a result of our quite good relations with talent agents that we have nurtured over many years.  Organizing new work is vital.  There are two methods: top down and bottom up. Our preferred method is top down - we bargain with an employer who agrees to engage in collective bargaining with Equity.  Bottom up - organizing stage managers and actors to unionize is often not practical. By the time a vote to unionize is taken the show either closes or is abandoned by the producer.  But one form of bottom up organizing we can do is to go to areas where there is a non-union acting community and teach the value of Equity work and offer support. We will never be rid of non-union theatre, and indeed there is a place for it, but we can make Equity work the thing to aspire to.

It is vital to make ourselves available to the Membership.  This is why I have this blog.  This is why I make my email address available to any AEA member who wants it.  Questions? Comments?  Hit me back.

AEA Council Man On The Street Video

The ACTogether people who sponsored the Meet The Candidates event at the Players Club in NYC last week, made this man-on-the-street video, which is quite fun and in which you can see some of the candidates (including me) in action, rather than just our black and white still photos in Equity News. (NB: To the Snark Factory - no bad hair day jokes, OK?)

I Saw Your Brassiere on Facebook

Jimmy Ludwig and I and an occasional column in Equity News called Ask The Geeks. 

Here's one from April of 2009.  We are all wending our way through the morass that is or digital world.  Theatre people have special considerations not only due to the public nature of our work, but our untraditional work places.

Equity’s Committee on New Media and New Technology (lovingly named The Geek Committee) cares about issues concerning our Members and New Media.  (And there are tons of issues) So to help clear up some confusion, welcome to another edition of: Ask The Geeks

Ask The Geeks

Q.   Last week, on my birthday, a bunch of people burst in to the dressing room and videoed me in my bra.  I posted it on my Facebook page.  I think it’s hysterical, but my dressing roommate went postal because part of her arm and the back of her head are in it.  You can’t even tell it’s her but now she’s really cold toward me.  Am I right or is she having a cow for no good reason?

A.    No, the cow is well deserved.  If this were at your house, your only crime would be insensitivity.  The problem here is that you were at work.  Delete the video.

Q.   I’m building a website.  I found a pirated clip from my show on YouTube.  I want to lift a clip (just me singing and nobody else in frame) and put it up on my site.  Problem?  After all – it’s my image and I didn’t pirate it.

A.    But you don’t own the show in which your image appears – the producer does.  If you use ANY of that footage, you are as legally vulnerable as whoever pirated it in the first place.

Q.   I’m really pissed-off!  One night we had to stop the show and improv some dialogue until our set started working again.  Somebody in the audience recorded the whole thing and now it’s all over the internet!  A friend told me there was nothing I could do because it was news and therefore “fair use.”  (The incident made all the newspapers the next day) Is that right?

A.    The Doctrine of Fair Use is an exception to copyright laws.  This is major lawyer territory but basically, the copyright law says that fair use of a copyrighted work without permission can occur if it is used as (1) criticism and comment, (2) parody and satire, (3) scholarship and research, (4) news reporting and (5) teaching.

That said, what the audience member did was to steal your image.  Period.  If it was during a performance, he not only stole your image, but the property of your show’s producer too.  Catching the thief is the hard part, but if you can, you may be due damages.  Equity has been successful at having such footage removed.

Q.   In trying to promote myself, some friends and me have made an online webisode.  We’ve had a lot of hits.  We’re not making any money and I’m giving every cast member a copy.  No harm – right?

A.    Depends.  Do you or any of the other cast members belong to either AFTRA or SAG [SAG-AFTRA]?  If you are, did you get the proper paper work?  You could be in violation if you didn’t.  So much trouble can often be avoided with a single phone call.

That’s all for this month’s edition of ASK THE GEEKS!

Remember: Your image has value.

Your image (this includes your voice, photo and any other reproducible part of you) is yours to sell or give away as you please.  But it gets complicated anytime other people are involved.

The media landscape changes literally every day.  Wrapping ones mind around the concepts of New Media can cause crossed eyes.  Equity is there to help.  That’s one of the things you pay dues for.  Producers have deeper pockets and better access to lawyers than most actors do.  If you’re not sure about an issues dealing with New Media, call Equity or email taping@actorsequity.org.*  Your union wants to protect you – not punish you.

Under Equity’s collective bargaining agreements, the ways in which a producer may exploit your image are laid out very clearly. † There are penalties for the use of your image outside of the parameters of your contract.

Under federal law 18 U.S.C. 2319A, it’s a felony to “transmit, distribute or offer to distribute” sound or video to anybody anywhere (including posting them on social networking sites) without the consent of the performer(s) involved.

Here are some rules of thumb:

·      Yours is the only image you have the right to promote, but…

·      Just because it’s your image doesn’t guarantee that you have that right.

·      If you tape (film/photograph) it – make sure you have the right to do so.

·      If you don’t have the right to film it – don’t.

·      If you didn’t film it yourself – you probably don’t own it.

Tune in down the road for more pertinent info.  Until then, stay in touch at taping@actorsequity.com.*

* updated email: capture@actorsequity.org

† this was written before many of the Media packages which are now standards in many of our contracts.

Buzz Roddy's 2014 Candidate Statement

If you have the time, and you will be in New York, I would love to meet you.  Please come to The Players Club on Monday, April 14th 4:00 pm - 7:00 pm EDT to meet me and many other candidates in all categories (Principal, Stage Manager and Chorus)

and of course, the National AEA Membership meeting on Friday, April 11, (2PM EDT, 1PM CDT, 10A PDT) all over the country.  I will be at the New York Hilton, but there is a telephonic hook-up with the rest of the office cities.

*reprinted from Equity News April 2014

The Alphabet Soup of Actors' Equity Governance

One of Equity’s most enduring statistics is the paltry member participation in officer and council elections.  Last election, despite the ability of the membership to vote electronically, fewer than 15% of our almost 50,000 members even returned a ballot. This is a typical number for the last decade.

Some cite narcissism and apathy as the causes, but Equity members have historically hurled themselves into worthy causes, great and small.  Whether saving whales or demanding civil rights, we are an active and vocal society.  How then to explain the lack of involvement in our own organization that seeks to improve our own condition?

Rather than being apathetic, it is likely that most of us just do not know how our union’s government works.  If this describes you, you are one of many.  Equity does little to engage the member into voting.  Most of us don't know any of the candidates unless we or our colleagues have worked with them or seen their work.  All the candidates write blurbs saying things that just about everyone will agree with.  Also, most of us only know, in a general way, what we are electing these people to do.  Here are some basics:

First, you should know that the boss is you, the member.  It probably does not feel like it, but Council is beholden to our wishes.  There are many ways to exert your authority.  You can attend a membership meeting.  Write to Council (all letters must be read and attached to the minutes, as per our by-laws) You can join a committee.  You can run for Council.

Did you know that any member in good standing can observe a Council or Regional Board meeting?  (And please do.  They meet every month and Council members always notice when the boss is in the room.  Contact your region’s office.)

There are two components in the running of our union.  The first are your electeds – the Officers and Councillors, who set policy.  The second is the staff, who carries out the will of the membership as expressed through Council.  The former are volunteers; the latter are paid employees.

Acronyms demystified

Like any organization, those who work day-to-day at the union use their own shorthand.  While acronyms serve to save time and breath, they often alienate those who are not in the inside - i.e. the Members.  Here goes...

Council debates and sets policy nationally. Regional boards set policy locally. The country is divided into three discrete regions: Western, Central and Eastern.  Each Councillor serves 1) in a national capacity and, simultaneously, 2) as a board member in his or her region of residence.

Staff (Appointed and hired by Council)

Hence, a Councillor in the Central region will attend the monthly CRB (Central Regional Board) meeting.  We recently hired Sean Taylor (on staff as the Central Regional Director or CRD) to run the Central Region office.  In addition to Councillors from this region, there are members who are Non-Councillor CRB members (and who do not attend National Council meetings)

The Los Angeles office is run by staffer, Ralph Remington, the Western Regional Director (WRD), who is in charge of operations there.

The Eastern office houses the ERD, Tom Carpenter.  Tom also serves as our General Counsel (i.e. our in-house lawyer).

In addition to the Eastern offices, New York houses the National office for which Mary McColl, our ED (Executive Director) supervises national affairs.  She's staff, too.  The head of all staff in the country, as a matter of fact.

Electeds

There are 5 elected Officers: We have one President (currently Nick Wyman) and three national Vice-Presidents.  The 1^st VP works chiefly as a Principal Actor; The 2^nd VP mainly as a Chorus performer; and the 3^rd VP is a Stage Manager.  (Paige Price, Rebecca Kim Jordan and Ira Mont, respectively) The fifth officer is the Secretary/Treasurer. (currently Sandra Karas)

Each region has its own Vice-President, too.  Besides the Eastern Region Vice-President (ERVP - currently Melissa Robinette) there is the CRVP (Dev Kennedy) and WRVP (Doug Carfrae).  They serve as Chairs of their respective regional boards (see above) and each have 3 Vice-Chairs, who are elected internally, (i.e. not by you and me) serving alongside.

The 75 Councillors-At-Large are segregated into categories: Principals, Chorus and Stage Managers.  There is cross-pollinizations between these groups:  There are chorus Councillors have have worked under principal contracts; Principals who have worked as stage managers, etc.  All Councillors vote and consult on all issues whether they be specifically germane to their category or not.

Again, I reëmphasize: No one on Council receives a salary.  They are all volunteers.

There are also 9 Councillors Emereti, given that status for meritorious service to the Association.  The Emereti provide insight and discuss issues, but do not vote.

The real engine of the union is its committees.  The committees do the hard work and the draw-down of what they argue and decide about goes to Council. There are committees for just about every area of interest to Actors and Stage Managers.  There are contract committees, like Production, L.O.R.T. and Stock. Other myriad committees include: Equal Employment Opportunity; Member Education; Senior Performers.  There are region-specific committee as well as national committees. Some of these are Councillor only. (National Public Policy, House Affairs, Organizing, for example) This is due to a need for confidentiality.  Confidentiality is vital when Council is debating policy ahead of bargaining with our producers, for example.  

Most committees, however, are open to the membership.  Some have membership criteria like place of residence, but most are open to any member in good standing. There is no need to have any prior knowledge of parliamentary procedure.  What is required is passion.  Again, no pay here - just satisfaction at fighting the good fight.  To volunteer for a committee, call the office for your region. Everyone can participate, each to his or her own strength, and in every capacity.

Get to know your Council.  Here's a list (current as of March 2014) of the people who represent you.    For more, click on the “About Equity” tab at the top of the Equity’s home page.

What You and Your Castmates Have In Common With Fast Food Workers

Fast food workers demonstrating outside a McDonald's in Harlem last year

New York City 18 March 2014 - I was happy to see a lawsuit by fast food workers today, seeking to be compensated by their employers for wage theft.  These workers are trying to form a union.

Traditionally, the AFL-CIO has not tried to organize these types of workers because the prevailing perception has been that the fry cooks, cleaning crew members and cashiers engaged at these jobs were teenagers and only working these jobs on their way to something else.  A union could never take hold was the thinking.  The demographics have changed, though.  Being a fast food worker is still an entry into the work force for some; a way to learn how to work before going off to bigger and better things.  When most of these restaurants were in suburban communities, the workers were teenagers and young adults usually with other support.  As fast food restaurants have become prevalent in urban centers, and as the economy has devolved to its current state, there are more who work at Burger King or McDonald's not for pocket change after school, but to pay rent and support a family.  (Read an article about one worker's plight.)

In America, we like to think that we live in a free market economy where all work is compensated commensurate with its "value."  It is a truism, accepted by many, that wages at such places should be low, because these workers are all replaceable; there is not a lot of skill involved in their work.  These people are not doing a "real" job.

You know - kind of like civilians think of actors.

Many AEA members are mystified as to why I go on about the Labor Movement and Equity's place in it.  You may not know that Actors' Equity is one of the most successful labor unions in America today.  Despite a major push to kill unions in Wisconsin, New Hampshire, Indiana and other states, our membership is growing every year.  Currently, we are just shy of 50,000 members, nationwide.

It is remarkable that theatre artists who are usually some of the most socially-conscious and politically-active people around do not make the labor movement one of their core causes.  Many view the labor movement through a sepia toned prism where muscle-bound, overall-clad men march with a wrench resting on their shoulders. The 1930s - 1960s was the labor movement's golden age.  It was certainly one of the major factors in the raising of millions of poor folk into the middle class.  The labor movement has also been one of the most dynamic engines of social justice and amelioration worldwide.

Martin Luther King Jr.'s favorite union was the Service Employees International Union (SEIU), local 1199.  His famous "I've been to the mountaintop" speech was addressing sanitation workers in Memphis in 1968 who were striking.  The International Ladies Garment Workers' Union (ILGWU) were instrumental in helping its membership, typically new immigrants, not only to have safe working conditions and a livable wage, but provided classes in English language, citizenship, money management and health among others.

So when I blow on about Big Labor and Equity's place in it, I am really talking about making the world a better place.  It's often difficult to see the direct line between the Triangle Shirt Waist Factory Fire of 1911 and the current company of Hairspray at a Stock theatre in New England.  There is, though.  We continually and directly benefit from the work of countless others who have preceded us.  Some of the problems that existed then are not our focus today, yet there are always new problems that Unions need to confront as a unified force.  The landscape is ever changing, and we must adapt - often just to not lose something that we think of as an unchanging done-deal from long ago.

A rising tide lifts all boats.

Our work together improves not just our lot, but all people.  Even the non-union theatre benefits from our work.  Non-union wages are based on union rates, and though they do not have benefits like pension and health, wages would certainly be much lower if producers did not refer to Equity agreements when budgeting these jobs.  Globalization has made manifest the difference in what our working conditions are compared to those in other countries. If you've been following anything about how smartphones are made or the conditions for garment workers in Asia who make clothes sold here for pennies, you know that there is gross chasm of inequity between us and them.

We're fortunate that we are in an industry that is not out-sourceable.  We are in a strong position when we stand together for change.  Of course, our primary work must always be to better the lives of stage managers and actors.  And by our becoming ever stronger, we can then join with other labor organizations - in our industry as well as others - and make life in all of America (and yes, the world) better.

I know it's hard to get misty-eyed when talking about the Labor Movement. I come pretty close, though, thinking about the people I know who serve on Equity committees for no compensation other than the knowledge that they are doing good works. Even our paid staff, many of whom could probably find better-paying jobs, serve Equity's membership because they believe in something higher.

So, all that "proud Equity member" jazz in my playbill bio?  It's a big deal.

Brave New World - On-Line EPA Sign-ups

Another no-brainer.

Actors waiting at an extremely early hour in an office building lobby for said building to open up, so that they might sign-up for Equity Principal Auditions (EPAs) are mystified as to why Equity seems to be dragging its blue and white derriere when it comes to providing on-line sign ups.

 If ever there were an obvious need which could be easily met, it would seem, this is it.  Please pardon the New York City-centeredness of this post, but this is where the big problem is. EPAs generally last 7 ½ hours and have audition slots for 6 actors every twenty minutes, or 18 per hour to fill the contract requirement of 115-135 actors in a day.  

All things being equal, this provides each actor with 3.33 minutes to show him or herself in a good light.  In addition, if there is time and monitors are pro-active, they will fit alternates in when enough people have not used all of their 3.33 minutes.  With a typical monologue or 32-bar cut song taking between 1-2 minutes this usually happens.

During high season - i.e. summer stock season from late January to early April - the competition is heavy and to have ones choice of the day's appointment slots requires a pre-dawn get-up.  The timing is more critical if there are multiple calls and at different locations about the city.  On top of this comes scheduling the rest of ones life.  Some of us have full-time jobs. Some of us have to take the kids to and from school.

The benefits of signing up in your bathrobe at home and having your day planned before you walk out the door are patently clear.  Here is the down side:

Before I continue, I want you to know that I am in favor of going on-line (the internet on-line, that is).  But before we throw all to technology, we should be aware what we're trying to put in place.  With every technological advance comes new problems.  Here are some which will surface right away:

• Some members do not have access to the technology.  

For many calls, being logged on at exactly the right time will be imperative to guaranteeing a preferred audition spot. As opposed to a physical line, where members sign up in the order that they arrive, in the digital world, hundreds will "arrive" at exactly the same time and will have to vie for their spot in the virtual line. There is a large number of people who do not have smart phones (or data plans) and so cannot be on-line at will. Some do not have home computers or have spotty or no internet.  There are those, especially older members, who rely only on the public library for any internet access. One argument says that this being the modern world, one must have these tools to compete.  My mother was in the business back in the early 1950s and did not have a telephone.  This was not uncommon then. Certainly, making accommodations today for those with no telephone would seem ludicrous.  Some day everyone will have access to the web everywhere, whenever they desire, but we are not there yet.  Until the day when having personal, mobile high speed internet is commonplace, the playing field will not be a level one for actors when it comes to EPA sign-ups.

• Your competition just increased ten-fold.

With the analog version of EPAs one has to physically show up.  Inherent in this circumstance is a geographic limitation.  If one lives in Boston, a four-hour drive from New York, one would have to leave in the wee hours to sign up for an EPA in NYC.  There is a risk, that one could drive all that way, buy gas and parking and still not get an appointment.  Obviously if you have a guaranteed appointment, you might be more likely to come a greater distance, and help swell the ranks of those vying for an appointment slot.  Right now there are close to 30,000 AEA members in the Eastern region.  More than half of that number live in New York City.  A couple thousand more live within commutable distance to the city. Let's say one-fifth of this number attend EPAs.  I know NYC-based actor who will not go to an audition below 14th Street.  But, I also know actors who will fly across the country for an EPA.  If actors in Sacramento, California can obtain audition appointments in New York City, we will start seeing Golden Staters in the NYC Audition Center.  Not that Californians or Montanans or Mississippians are not welcome to NYC auditions.  This scenario will not be a daily event, given the expense of time and money, but multiply this times a couple hundred additional people vying for one of those 115-135 slots and the arithmetic is clear.

• Frivolous sign-ups and no-shows

Getting up at sunrise to audition is a serious commitment.  Obviously, those who wish to be seen for a given show or season of plays have read the breakdown and have in mind roles for which they might be a good fit. One of the reasons that EPAs have become more effective hiring tools over the past couple of decades is that actors are focusing in on giving casting directors viable choices instead of just showing up to be seen, as used to be the case when EPAs started.  For this reason, CDs are taking EPAs more seriously than ever and using the EPA system as a real tool in casting a project. Casting is entirely subjective, of course, and there are roles for which one could possibly be right, but the role may not be an exact fit.  The only way to know is to show up and audition.  Appointments on the internet increase the likelihood that an actor might not be as assiduous in his or her assessment of the role's appropriateness.  And in the virtual world of obtaining appointments, it is more likely that an actor might sign up "just in case" he or she feels like showing up.  Virtual sign ups will increase the number of actors who show up for a role that is all wrong for them, or who will sign up and not show up at all.  In either case, if one of these gets an appointment which could have gone to you - you're still out in the cold. (Maybe literally)

• Tech glitches

I am sure you do not have to be told that networks go down all the time.  If the system crashes during sign-up due to an over-loaded server which would come from too many people logged-on, there would be nothing that could be done in real time.  The sign up would have to start from scratch when the problem gets fixed.  If some how there were  glitch where the completed sign-up list goes away into the ether - nothing could be done.  We all know this situation will happen a few times, no matter how many safeguards there are in Equity's IT Department.

• Sh*t happens

We're all busy. The best laid plans get way-laid.  Auditions run long, making our appointments later in the day stack up.  Trains stop dead in tunnels.  Traffic is insane.  Assuming that on-line sign ups were in place, what procedures would there be for missed appointments?  There do come times when one misses an assigned appointment and desires to obtain a later one the same day.  With virtual sign-up it would almost be assured that all appointments would be gone before the actual call even begins.  Would there be a virtual alternate list, too?  It is possible that leaving the system to a computer could prevent human remedies to human problems that arise in a given day?  Perhaps if the alternate list were not virtual - that one must physically show up to be on it - this could be one remedy.  Signing-up virtually would make ones schedule more rigid in this case, and not less.

• Solutions

"Alright already, enough!" I hear you say, "I want on-line sign ups NOW!" One of the most important elements in getting on-line sign ups to be a reality is member involvement.  Too many policies and systems for those who attend EPAs have been imposed by those who have no experience with same.  This is where we come in.  We have to be a part of this march into new technology.  Get involved.  Join the EPA Committee, write Council, go to membership meetings.  Tell the powers that be that we want to be involved in crafting this new system.  Here are some suggestions that I would offer:

• Partial On-line slots

Until we live in a world where on-line access and speed are more equal and ubiquitous, perhaps in every block of 6 audition slots, we start out with 2 out of the 4 being on-line accessible, with the remaining 4 of the traditional variety. This might be a good get-your-feet-wet test toward the move into on-line sign-ups.  Let's start with a call that usually would not have a high turn out. As Equity gets the hang of administering the system, it could expand to more calls and maybe eventually more slots being virtual and fewer early get ups.

• Geographic Limitations

Based upon member numbers (on our Equity cards) on-line sign-ups could be limited to - say people within a 100-mile radius of New York City.  Similar limitations could be applied to the L.A. or Chicago memberships.  Outside of these groups members would be required to physically show-up.  Actors who move around could petition to be included in any of these geographical groups.

• No-show policy

Let's establish a policy aimed at those who abuse the system, where those who blow-off three or more auditions are prohibited from signing up online for 6 months.  We all have times when time and circumstance collude to make us miss appointments. There are those, though, who selfishly game the system and this policy is aimed at them.

• Bar-coded or magnetized stripe membership cards

If everyones union card could be scanned at the audition, many benefits could be in place.  If every audition monitor had a digital reader, check-in for virtual appointments would be fool-proof and instantaneous; getting bumped for late-check in would save vitriol being hurled at the monitor; all demographic information would be updated instantaneously (no more white cards!); work search records for unemployment purposes could be printed out from ones account through the Member Portal.

• Texts/Twitter/Email notifications

Many AEA members use the excellent service, Audition Update, to keep abreast of how crowded calls are, who is in the room and other info helpful to actors.  Through the above-mentioned Member Portal, ones account could be set to be notified, in real time, on ones smartphone as to the progress of alternate lists, availability of appointments, last minute changes in audition preparation, cancellations, et al.

• Archiving

It's a small business and people move around a lot.  If there were a searchable archive of EPA/ECCs, one could see who they met and on what date, thus allowing them to better keep records and be on top of their careers.

• Do ECCs NOW

All the caveats above about EPAs are, for the most part not germane to Equity Chorus Calls (ECCs) Right now, an open list is posted on the board at Equity and members sign up first-come, first-served. On the day of the call, the list is read and members receive appointments as soon as their names are called.  We could have on-line sign up for these calls today with very little effort or cost to the Association.  Just like now, the list would open at 9:30am, a week before the call. A computer terminal would be made available and members could sign up just as they always have.  (And illegible handwriting would no longer be an issue, nor would scratch-outs, repeat names or fake names like "Seymour Butts")  At the close of business, the virtual line would open and anyone could sign up from anywhere in the world.  On the day of the call the list would be read just as always.  If my dream of bar-coded cards were in place, members could swipe to check-in at a half-hour before the call just like now. Those who were not previously signed-up on line would be given appointments in the order that they checked in.  ECC virtual sign-up is something that is actually doable right now.

• ECC cards

While we're on ECCs, another element that could be streamlined is the Chorus Call Card. Right now every auditioning actor at an ECC is given a card to fill out - a mini resume, if you will - to be filled out by hand.  This is sometimes given to the auditor(s) in addition or in lieu of of a traditional photo/resume.  If there were chorus cards available in ones Member Portal account page that could be printed out, this would make every actor's presentation that much more professional and slick.  Few of us got into show business because we had good penmanship.

You probably have ideas and solutions that I didn't mention here.  What do you think?