December 4, 2008

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Actors' Equity and Broadway League Reach Tentative Agreement; Highlights Announced

By Andrew Gans
and Adam Hetrick
02 Jul 2008

Actors' Equity Association and The Broadway League have reached a tentative, 39-month agreement for the production contract, according to a joint statement released July 2.

The contract covers actors and stage managers working in Broadway and touring productions.

Highlights of the agreement follow:

  • Over 11 ¼ percent increase in the overall compensation package over the life of the contract, including minimum salary as well as health and pension.

  • The agreement is for 39 months (three 13-month years), expiring in September of 2011

  • More flexibility in publicity and promotion, allowing producers to pursue new avenues of marketing shows to a wider audience through digital and traditional means, while providing actors a monetary acknowledgement of their participation and rights

  • A revised touring arrangement that seeks to promote more League touring productions that will provide more employment for Equity members.

    The terms of the new contract will be reviewed by Equity's governing body, Council, for recommendation. Equity members who have worked under Production Contract since 2000 are eligible to vote. Once ratified by both sides, the contract will be retroactive to June 30, 2008.

    In a statement John P. Connolly, Equity's executive director, said, "In two months of tough bargaining, we achieved an excellent contract with significant gains for every Equity member working on Broadway and the road. Together, actors and producers worked tirelessly to craft an agreement that grows our business and takes care of our community and our audiences. It is this same kind of creative partnership and innovative approach that imbues Broadway and touring productions with the magic that is live theatre."

    Charlotte St. Martin, executive director of The Broadway League, added, "The collaborative spirit that prevailed throughout the talks allowed both sides to present their issues, understand the others' concerns and negotiate a new contract that serves the industry and the theater-going public. We resolved a number of important issues and Broadway and touring Broadway are stronger for it. We were encouraged by the process and are delighted by the result."

    The production contract between Actors' Equity and The League expired midnight June 29, but the two sides agreed to extend the contract day to day and continued negotiations. Disney Theatrical Productions Inc. is a coordinated bargaining partner to the new agreement.

    Actors' Equity and The Broadway League began negotiating a new production contract for Broadway show folk April 18.

    "It's not going to be a repeat of November," Maria Somma, a spokesperson for Actors' Equity said in mid-April, referring to the Broadway stagehands negotiations with the League that resulted in a 19-day strike during Broadway's lucrative holiday season.

    *

    In an April statement, Broadway League executive director Charlotte St. Martin said, "Actors and producers enjoy a very special bond. The collaborative nature of this relationship is of fundamental importance to our industry. We anticipate that the Equity talks will proceed with both sides seeking to forge a timely and mutually beneficial agreement – one that will encourage the success of individual productions and the future."

    Topics of discussion will include overall compensation packages and touring contracts, a key sticking point in the 2004 meetings. The 2004 negotiations, which dealt directly with the proliferation of non-Equity tours, resulted in the creation of "experimental touring packages" or tiered contracts.

    These special agreements, available only to musicals with a company of 40 or more (including crew), have been quite successful, according to AEA spokesperson Somma. While not available to mega-hits like Jersey Boys or Wicked, the agreement is extended only to productions that may not be a bankable box-office smash.

    With productions of The Light in the Piazza taking to the road on a tiered Equity contract, AEA has gained ground in keeping more Equity tours across the country. Somma commented that AEA expects that the two parties will "slightly alter the contract language, based on now-practical experience."

    Equity now has over 17 national tours in markets across the country. This eases the burden on AEA's troubled healthcare benefits by ensuring that more money is going into the fund. The increase in non-Equity national tours put a serious dent in AEA's healthcare funding, as less Equity tours meant less members paying into the healthcare system.

    Also brought to the table will be promotion and advertising of Broadway productions. As with SAG's recent negotiations, Actors' Equity is keen on detailing the use of new media for Broadway and how its members are compensated. On that end, Somma explains, "Broadway is a hand-crafted collaborative industry in ways that other industries are not. We're going to figure out a strong middle ground."

    The slowing American economy has also increased the need for Broadway producers to advertise and promote their shows. Equity intends to work with the League to find ways to promote Broadway and enhance publicity without further infringement on actors' personal time.

    Additional talking points for the April 18 meeting include safety in the ever-evolving technologically advanced Broadway work environment.

    Because AEA and the League dealt with rather large issues in previous negotiations — including healthcare in 2000 and touring contracts in 2004 — Somma anticipates a "relatively simple negotiation" process this time around.




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