ATPAM and Off Broadway League Meet in First Session to Discuss Contract Renewal

On Tuesday, June 5, 2001 representatives of ATPAM and the League of Off-Broadway Theatres and Producers met to discuss a possible renewal of the Minimum Basic Agreement for Off-Broadway which is due to expire on June 30, 2001.

ATPAM’s committee arrived prepared with a list of written proposals to present to the League. The League representatives had no proposals to present to ATPAM. However, League lead negotiator, Ben Sprecher asked to make opening remarks. Sprecher said that the League views their relationship with ATPAM as a "family" and was hopeful of continuing the longstanding relationship. However, he went on to say that if ATPAM would not accept a basic offer of increases based on the Consumer Price Index and a contract term of five years, "all bets are off." ATPAM’s lead negotiator, Bob Reilly, made it clear that the League’s out of the box offer was not acceptable and that ATPAM members working Off-Broadway have issues that need to be addressed. Sprecher countered that the League has "huge" problems with regard to Press Agents. Aside from suggesting that press agents may be independent contractors as opposed to employees under IRS code, he declined to offer any specifics about the League’s issues regarding press agents. Absent any specific proposals, Sprecher seemed to be saber-rattling to no discernable end. Members of the ATPAM committee tried to draw Sprecher out and identify what the issues are and what the League was seeking to negotiate, but on repeated questioning Sprecher demurred. Perplexed by this presentation, ATPAM asked to take a break and caucus.

After a brief caucus, ATPAM’s committee returned to the table. Secretary-Treasurer Forbes informed the League representatives that ATPAM was prepared to offer specific written proposals and expected the League to act responsibly and bargain in good faith by doing the same. He went on to say that if the League hoped to maintain its standing as the employer group of record in the Off-Broadway arena and negotiate a standard agreement with ATPAM, then they would have to behave in a less enigmatic and provocative manner. They would have to present reasonable, moderate written proposals that could be discussed in the context of the already existing agreement. Sprecher demanded to know who ATPAM’s lead negotiator was and exactly who he was negotiating with. Forbes responded that Reilly was the chair of ATPAM’s committee and that Forbes and ATPAM prexy Maria Somma were ex-officio committee members. Sprecher sarcastically asked what that meant. Forbes further responded that he would be happy to defer to the leads if that would make Sprecher more comfortable and said that the ATPAM committee would simply caucus as necessary.

Sprecher reiterated that the League had no intention of presenting written proposals and alleged that they had never done so in past negotiations. He said that prior negotiations had always been "a discussion among friends." A protracted discussion of the procedures for conducting the negotiations ensued. The parties agreed to contemplate audio taping the negotiations and transcribing the sessions as a record in lieu of exchanging written proposals. Reilly told Sprecher that might be acceptable. However, before agreeing ATPAM would need to consult counsel and if the sessions were to be audio taped, ATPAM would expect to have counsel present going forward. Sprecher responded that ATPAM could have "whoever they wanted" present but that the League did not need an attorney.

The meeting broke off with the League stating that they did not want to meet at the same neutral location (ATPAM had arranged use of the conference room of the Theatre Development Fund). Sprecher said they were uncomfortable that they did not have a separate caucus room. ATPAM said that it did not have a problem with the location and noted that any other "neutral" location would likely come with a rental charge. ATPAM asked if the League would be willing to share the cost of some other neutral meeting space and Sprecher responded that the League "didn’t have the money." However, neither Sprecher, or his committee, were able to offer any specific suggestions of locations that would be acceptable to them.

The next meeting is scheduled for Tuesday, June 12, 2001, Location TBA.