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ATPAM: News: HL0701C

NEWS

ATPAM And Off-Broadway League In Pact To Renew Expired Contract

New Terms And Conditions Will Be Retroactive To July 1, 2001

In a marathon bargaining session that lasted nearly 15 hours on Friday and into Saturday morning of July 4th weekend, ATPAM and the Off Broadway League representatives hammered out specifics of a new five year Minimum Basic Agreement covering Manager and Press Agent employment on Off-Broadway shows.

The tentative agreement will be reviewed by the Board of Governors at the upcoming meeting on July 14, 2001 in Chicago. Immediately thereafter the contract will be sent out to the membership for ratification by secret mail ballot. The ballot will include a recommendation from both the Board and the Negotiating Committee on a yes or no vote.

In brief, the main new points in the agreement are:

Term: Five Years July 1, 2001 to June 30, 2006

Salaries:

Managers 5% year one; 3.5%, year two; Consumer Price Index (CPI) with a cap of 5% and minimum of 3% in each of remaining three years with increases compounded from year to year.
Press Agents 3.25% year one; CPI year two; CPI with cap of 5% and minimum of 3% in the third, fourth and fifth years of the agreement with increases compounded from year to year.
If the CPI exceeds 7.5% in any year the scale shall be renegotiated.
Box office grosses on sliding scale will be adjusted using CPI as percentage increase in years two, three, four and five.

Welfare:

Weekly contribution rates shall increase to $150.50 in year one; 158.02 in year two; and 165.93 in year three. In years four and five the rates shall be based on recommendations from the Welfare Fund’s actuaries with a provision for arbitration if either ATPAM or the League disagree with the recommendation.

Annuity: (New Provision)

The League has agreed that employers will contribute into an annuity fund designated by the Union in amounts designated by the Union with such amounts to be diverted from the wage increase in each year of the agreement.

Bonds:

The bond for Press Agent expenses shall be increased to $750.00 and the Union shall be entitled to a $100.00 bookkeeping fee if required to pay out of the bond. Press Agents shall be required to make best efforts to submit expense bills with backup on a monthly basis and employers will reimburse approved expenses in a timely manner.

Employment:

For commercial productions opening in 100-199 seat houses after July 1, 2001, and where a Press Agent and a Manager are employed, both a Press Agent and Manager contract shall be required. The Manager shall receive 100% of minimum, while the Press Agent minimum shall be 65% of scale plus vacation, pension, welfare and annuity.

Start of Employment:

In the event of a transfer of a production from either a LORT Theatre or from one Off-Broadway theatre to another (including under 99 seat houses) where there is less than two weeks of rehearsal, the Managers and Press Agent shall begin their contractual term two weeks prior to the first performance, provided that the original employees are retained.
The parties are crafting the final language regarding productions arriving in New York from an out-of-town engagement and opening in an Off Broadway theater.

Termination of Employment by Closing of Attraction:

Commencing with attractions opening after July 1, 2001, if an attraction has run more than twenty six weeks, the employer may, upon giving one week’s notice to the theater and one week’s notice to the press agent, terminate the employment of the Press Agent three weeks prior to the announced closing of the attraction. NB: If the Press Agent is required to do any additional work after termination, that Press Agent shall be re-engaged and paid in accordance with the terms of this agreement through the closing of the attraction.
In cases where a Press Agent has a run-of-the-play (ROP) contract employment may not be terminated prior to closing.

Recording After Closing:

The compensation required for recordings shall be extended to cover a period of up to one year from the closing of the Play.

Seventh Consecutive Day:

Payment for Seventh Day shall increase from 1/6th to 2/6ths. NB: Seventh Day Pay is subject to prior approval by the Employer and Members should inform the employer of the need to work a Seventh Day and endeavor to obtain written authorization.

Reimbursement for Equipment: (New Provision)

If required by Employer, Employer shall supply Managers with a working computer and printer.
Subject to approval, Manager may use own computer and printer. Employer will reimburse for such use at the rate of $25.00 per week.
The insurance floater shall be required to cover the Manager’s computer and printer.

Meals: (New Provision)

If the performing company and/or crew receive meal money, so shall the Managers.

Indemnification: (New Provision)

The League has agreed that employers will indemnify Managers and Press Agents against liability that might arise in the course of performing their duties on behalf of the employer, provided the employee did not willfully violate the law or the agreement itself.

Special Note: ATPAM was not successful obtaining a provision requiring the employer to reimburse employees for travel other than between home and the primary place of business. However, Members should be aware that such expenses as travel between the Employer’s office and the Theatre or other destinations is tax deductible to the extent allowed by law if it is not reimbursed by the employer.