The AFTRA Network Code covers programming in all television day parts, except for primetime dramatic programs on the networks and the CW.  It includes dramas in first-run syndication, morning news shows, talk shows, serials (soap operas), variety, reality, contest and sports.

The significant financial terms of the extension include:

1. Length of Extension – One year, from November 16, 2010, through November 15, 2011.
   
2. Program Fees – Increase program fees by two (2%) per cent effective November 16, 2010, including daytime dramas and background actor rates. 
     
3. AFTRA H&R – Increase the contribution rate to the AFTRA H&R Funds by 0.5% effective January 1, 2011. This will bring the total H&R contribution (including AICF) from 15.1% to 15.6%. The additional percentage will be dedicated to the AFTRA Retirement Fund.
        

Terms for scripted network primetime programming are covered by Exhibit A of the AFTRA Network Code and will be negotiated separately with the Alliance of Motion Picture and Television Producers in joint negotiations with Screen Actors Guild scheduled to begin on Sept. 27, 2010.

AFTRA noted that this extension will clear their negotiating schedule to permit joint bargaining this Fall with Screen Actors Guild on the AFTRA Exhibit A (Primetime TV) Contract and SAG TV Agreement and the Basic (Theatrical) Agreement.   Nationwide joint wages & working conditions meetings are currently underway in preparation for the negotiation of the AFTRA Exhibit A and SAG TV/Theatrical contracts which expire on June 30, 2011.

        

At its national board meeting yesterday, AFTRA (American Federation of Television and Radio Artists) voted to bargain its Primetime TV Agreement jointly with Screen Actors Guild as SAG negotiates its' TV and Basic Agreements.  The SAG Basic Agreement covers, among other things, theatrical motion pictures.  The bargaining will occur under the Phase One agreement along with the non-disparagement deal agreed to by AFTRA and SAG in advance of the successful joint bargaining on the Commercials Agreements. The unions negotiate the TV and theatrical contracts with the AMPTP (Association of Motion Picture and Television Producers).  The AMPTP represents the major studios and other companies that authorize them to do so.

The Phase One agreement requires that the unions get equal numbers on the bargaining committee and that both memberships will vote on the whole deal.  Costs associated with the negotiation are shared equally between the unions.

AFTRA has work to do in arranging its bargaining schedule.  The most important of their contracts is the Network Code, covering all but work on primetime dramatic programming, expires November 15, 2010.  SAG has agreed to start bargaining the TV and Basic Agreements in October 2010 well in advance of the expiration date of June 30, 2011.  By agreeing to jointly bargaining, AFTRA has signed on to that schedule.

One of the bargaining challenges for the performers this round will be getting the contract minimums back in line.  When SAG made its deal in January 2009, the AMPTP refused to apply the increases in the minimums retroactively.  AFTRA's minimum rates are higher because they made their Primetime TV deal before the June 30, 2008 expiration date.

The unions will elicit member views on necessary changes to the agreements through a member meeting process called Wages and Working Conditions Committee meetings.  The committee meetings will occur around the country in any branch or local with primetime TV or feature production.  The meetings will likely start in the Spring in order to allow for the time necessary for the package of proposals to be reviewed and approved by the unions' political process. 

        

I.A.T.S.E. Local 442 announced that they made a deal with Metropolitan Theater Corporation and have called an end to their strike action at the Arlington Theater.

Negotiations restarted on Sunday January 17 and a deal was reached on January 20, just after noon.

The union acknowledged the support of the Santa Barbara community during their strike and thanked the MTC for their efforts to reach an agreement.

The new contract is in effect until June 2011.

        

IA Local 442 in Santa Barbara has called a strike against the Metropolitan Theater Corporation.  They have asked that patrons of live performances boycott those performances and encourage MTC "to return to the table and offer [them] a fair deal. The announcement that the Local has posted on Facebook notes that the projectionists are still working under a current contract and that movie houses are not included in their request for a boycott.
  

        

The American Guild of Variety Artists and Actors Equity Association are in a jurisdictional dispute over coverage of Twyla Tharp's latest show.  The show is entitled "Come Fly Away" and features the music of Frank Sinatra.  All of the performers in the show are dancers.

AGMA covers dancers, choreographers, stage managers, soloists and members of the chorus for operatic and ballet performances.  AEA covers actors, singers, dancers and stage managers in plays and musicals.

Although the pre-Broadway performances were covered by an AGMA contract, Troika Entertainment notified AGMA that it had elected to produce the Broadway performances under the Actors Equity Association Production Contract.  AEA has stated that Troika's producing partner, James Nederlander, is signatory to the Equity Production Contract (the contract applicable to Broadway shows during their run on Broadway and touring performances) and therefore Troika has a right to the contractual terms of the Production Contract.  Alan Gordon, national director of AGMA, has answered in the press that AGMA's contracts better anticipate the unique needs of dancers

Generally, a collective bargaining agreement with an employer will state that the employer is agreeing that the union with whom they are bargaining is the exclusive representative of the category of employees being represented.  Usually, but not always, the type of venue is one of the determining factors in the scope of the agreement -- for example, Equity's Production Contract for Broadway venues and AGMA's contract with the Metropolitan Opera.  Therefore, AGMA's recourse would be against Troika for its failure to employ AGMA represented performers under the original contract or to bargain in good faith for a successor agreement.

This type of jurisdictional dispute between AGMA and AEA has arisen in the past in connection with Broadway shows centered on dance. The disputes have frequently been mediated by a jurisdiction committee at the Associated Actors and Artists of America. 

UPI.com 

BusinessWeek

        

Actors Equity Association announced Friday that Mark Zimmerman has resigned his position as President of the union, effective immediately.  Zimmerman says that he is resigning to spend time with his long term partner and to focus on his career as an actor.
He is currently in the Broadway cast of West Side Story.

Zimmerman's exit comes only two weeks after the resignation of John Connolly, former Executive Director of AEA.    Zimmerman stepped into the office of President when Patrick Quinn resigned as president in order to take the position of AEA Executive Director.  Quinn suddenly and unexpectedly died just prior to his scheduled start date as the top executive.  After Quinn's death,  Zimmerman led the search which resulted in the hiring of John Connolly.

Zimmerman lead the negotiating committee for the last two Production Contract negotiations.  The Production Contract is the Equity contract used in Broadway level theaters.  Connolly served as chief negotiator on the last Production Contract negotiation.  Zimmerman has also served on several other contract negotiating committees.

        

The U.S. Actors Equity Association has announced that John Connolly is leaving his post as Executive Director.  Carol Waaser will serve as interim Executive Director effective immediately.

John Connolly was hired as Executive Director in 2007.  Before taking this position, Connolly had served as a union leader for a number of years.  He had been a national board member with both Screen Actors Guild and the American Federation of Television and Radio Artists.  He resigned from his office as President of AFTRA in order to take the Executive Director post.  During his tenure with AEA, Connolly served as chief negotiator for the union's successful negotiations on the Broadway and regional theater collective bargaining agreements. 

Carol Waaser most recently served as Eastern Regional Director.  She had previously announced her retirement in February of 2010 but has agreed to stay on until AEA completes the search for a new Executive Director.

AEA represents 49,000 performers and stage managers working in live theater in the United States. 

        

AFTRA has announced that the voting members have approved the video games agreement.  The members who worked within the last 3 years were eligible to vote.   2200 AFTRA members received ballots and were able to vote online or by phone.

Minimum wages will increase by 2.5% effective April 1, 2010. The new wage rate will be $802 for a four hour session.  The AFTRA Health and Retirement Plans contribution rate will increase to 15% effective January 1, 2010 but the contributions will be subject to a annual, per employer, jper performer cap of $125,000.

A new category of work was created under the new agreement that allows the employer to hire a performer to record atmospheric voices.    The boundaries of this category of work will be subject to on-going industry union discussions.  

In addition, there is a new provision which requires employers to notify performers about vocally stressful work (screaming and the like). Failure to advise a performer will result in a liquidated damage assessment.

AFTRA's current vid game rates are available on the Rates page of the Entertainment Labor Consulting Inc website.  The rates will be updated to include the increases shortly.

        

The New York Times reports that Local 802 of the American Federation of Musicians has filed unfair labor practice charges against the new producers of "Tony & Tina's Wedding" who want to change from live to recorded music.  The producers are alledged to have locked out the musicians and denied them access to their musical instruments.  In 2008 the AFM entered into a new collective bargaining agreement with the former producers of the show to run through May 2011.  That agreement is asserted by the AFM to bind the new producers.

NY Times:   http://tinyurl.com/ybvoj3r

        

Nick Counter retired only this year after serving as Chief Negotiator on behalf of the motion picture studios for decades.  After the strikes in 1980, where he served as legal counsel for the employers, he became head of the newly constituted Alliance of Motion Picture and Television Producers.  Nick consolidated the power of the industry by insisting that  once there was consensus on an issue, the studios would be required to stand by that consensus.  The two separate employer labor organizations were merged to avoid union whipsawing.

However, Nick was a deal maker.  He understood that the industry was better served by making reasonable labor agreements rather than disruptive labor disputes.  He found solutions and worked through thorny issues on behalf of those he repeHis larger perspective also ran to his role on the benefit plans serving the industry workers.  His objective in every plan meeting was how to have the beneficiaries of the plan get the benefit of the plan.  He occasionally ran into disputes with the union trustees on those plas but those disputes were always about how to maintain the long term health of the plan and not how to avoid providing the best benefits possible.

After his retirement he continued as a consultant to the AMPTP.

Carol Lombardini is Nick Counter's successor as President and Chief Negotiator.  She is a powerful and skilled negotiator and will serve the studios well.  But I think even she would acknowledge, that during the difficult round of bargaining which will begin in the coming year, Nick's touch, even in his reduced role, will be missed.

His family has asked that in lieu of flowers that a contribution is made to the Motion Picture & Television Fund or to the Entertainment Industry Foundation. 

May his memory be a comfort to his family and friends.