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

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?)

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

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.