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Let's start with what most all of us agree on: the 99 Seat Plan is out of date and needs to change.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

My candidate speech at the 2014 Actors' Equity National Membership Meeting

As per its by-laws, Equity allows each candidate running for Council two minutes to speak to the membership.  For all the issues that stage managers and actors are concerned with, this is a paltry amount of time; barely a how-do-you-do.  It's more like a candidate EPA.  

We were in the Gramercy room at the New York Hilton on Friday, April 11.  A large turnout was expected.  Though there were seats for a few hundred, there were, by my estimation about 150 in attendance. This was disappointing as the Town Hall meeting in January was at overflow capacity.  I am hoping that this does not mean that the fire that was in so many people's bellies has not gone out.  Anyway, here is what I said:

"Greetings, Brothers and Sisters. When a candidate gets up here and says something like “we are the union;” “together we are strong,” it can sound like empty, flowery poetry - just something one says to get elected.  When I say it, it is a strategy.  The great thing about the current swirling storm of fecal matter over tiered tours is that we have invigorated the membership.  We spoke and we were heard.  Thank you, brothers and sisters. And stay vocal.

Annually, there are more young people graduating from theatre programs around the country than ever and they are far better trained than I was at their age, but the number of jobs has not increased.   So, part of our mission, as the leading light to keep the theatre ever professional, is to make not just working, but working Equity, the thing to aspire to.  I never want to hear a young professional actor say, ‘I wonder if it’s too soon to take my Equity card.’ Non-union theatre proliferates because actors don’t realize they have the power to demand more. That’s what unions are all about. Outreach, Education and Organizing are passions that keep me coming back to this particular well.  I am a working actor and I have skin in this game.

I have several years of service to this union behind me.  I have served on Council before and a sit on more committees than I can count.  It is work I do proudly and well.  I would be honored to work for you.  And I’m always reachable.  Two minutes is not enough time to give the whole picture, so: my website is www.showbizbuzz.info; you can "like" me on Facebook at Buzz Roddy For Equity Council and my email is buzzforcouncil@gmail.com.  Thank you, Brothers and Sisters."

Ballots go out Monday April 14 and are due back on May 18.  Please vote.  Thank you.

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.