Victory! ATPAM Organizes 2econd
Stage
For many years, 2econd Stage, and Off-Off Broadway
theatre company operated a 99-seat venue on the Upper West Side of
Manhattan, earning a reputation for quality productions. Because of the size
and location, ATPAM did not require contracts to be filed. Early in the
1998-99 season, however, 2econd Stage opened a new state-of-the-art 299-seat
Off-Broadway theatre in the heart of the Broadway Theatre District. The
Minimum Basic Agreement for Off-Broadway clearly requires two contracts in
venues of that size – one Manager and one Press Agent. In its smaller
venue, 2econd Stage had been serviced by an ATPAM Press Agent, working
without an ATPAM contract, for many years. Obviously, that situation could
not continue in this new, larger, highly visible venue.
Despite repeated attempts to get 2econd Stage to come to
the table and negotiate a fair and equitable arrangement that recognizes the
company’s not-for-profit status, 2econd Stage ignored the Union.
Therefore, in July, ATPAM’s Board of Governors authorized
Secretary-Treasurer Gordon Forbes to "take any and all action necessary
to secure appropriate contracts at 2econd Stage."
A FULL COURT PRESS
"ATPAM immediately put on a full court press,"
says Forbes. 2econd Stage was officially notified that informational
picketing of press previews would begin immediately if they did not come to
the table. They were also informed that a job action would begin
simultaneously and that no ATPAM Manager or Press Agent would be allowed to
work in the venue. At that point, ATPAM received strong support from Actors’
Equity and SSDC in convincing 2econd Stage to begin negotiations.
While insisting that no one from ATPAM had ever tried to
contact her before, 2econd Stage Managing Director Carol Fishman, agreed to
bargain. The negotiations moved forward and ATPAM agreed to call off
picketing when Fishman indicated that she was prepared to sign an agreement
covering Managers and Press Agents. The attraction then playing the theatre,
GEMINI, had its press opening without picketing.
ATPAM HANGS TOUGH
Within days, Fishman backed off, wanting to make
significant changes in the terms and conditions of the as-yet-unsigned
agreement. ATPAM held fast and refused to back down. Plans were put in place
to raise objections to 2econd Stage funding from the National Endowment for
the Arts and New York State Council on the Arts. ATPAM’s attorney was
instructed to initiate a legal challenge to 2econd Stage’s not-for-profit
status. Letters were drafted to the stars and creative team of the next
production, JAR THE FLOOR. The Press Agent was warned not to continue work
for 2econd Stage until the dispute was resolved or serious fines would be
imposed per the Union Constitution.
VICTORY!
On July 27, the day of the first preview of JAR THE
FLOOR, an agreement was finally signed. Salary and pension and health
benefits will be paid for the Press Agent retroactive to the opening of
GEMINI. The Press Agent will be on contract four weeks up front each season
and for each week performances are actually given. 2econd Stage has agreed
to recognize ATPAM jurisdiction with regard to the Company Manager and will
negotiate terms and conditions covering that position. Any commercial
attractions booked into the venue will be covered under the terms of the MBA
for Off-Broadway.
"This victory is one more example of how Managers
and Press Agents have strength in unity and how if ATPAM controls the
workforce, employers will be forced to recognize us and bargain in good
faith," says S-T Forbes. "Kudos to all responsible for this
significant victory. It sends a message to producers that if they want to
play, they have to pay."
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