November, 2022
CHAPTER 10: PRODUCING & INVESTING
For context, shows that are looking to tour will typically capitalize the Broadway production. Then when it’s time to go on the road, a new entity is created to recapitalize the tour’s production budget. Often it’s the same or a similar group of investors who then reinvest in the road production. With “The Kite Runner,” producers Bogner, Lang andMcFarland bundled together the capitalization for Broadway and the eventual tour. “What that does is, the investors that invested in the show can think of the tour as an extension of the Broadway run,” Bogner said. Eventually, when “The Kite Runner” ends its tour and goes onto its “next life,” Bogner continued, the Broadway mounting’s investors will participate in that as well. ... “Having only 17 weeks on paper is short. It could recoup on Broadway, but it’s a much riskier proposition,” McFarland said. “So having the additional prospect of the tour bundled into the same package makes something that’s a bit more experimental, but gives a chance to bring that kind of work to Broadway.”
On Broadway, the production costs about $300,000 per week to run, Bogner said. The production has generally hovered around that number, not always meeting it some weeks, but exceeding it during others. “The good news for our investors is that we still have the tour,” noted Bogner. “So those losing weeks aren’t as material as they would be if we were just running the 17 weeks and closing the book.”
“The Kite Runner” also has an added financial layer, as a portion of the proceeds from ticket sales are benefitting various charities and organizations. The production first began working with The Khaled Hosseini Foundation, which was founded in 2008 by Hosseini, award-winning author of the book “The Kite Runner,” on which the play is based.
CHAPTER 12: GOOD AND BAD SURPRISES: HOW THINGS HAVE CHANGED
PERSONAL STORY BY JON WILNER (Broadway Advertising Exec)
40 years ago, life on Broadway was so different. I had just started working at the Blaine Thompson Company, the one and only Broadway ad agency. And Matty, Freddie, Donald, Mike D, Mike M, we all worked as a team, there was no back biting between us, we all worked together to sell Broadway and off Broadway. And if you could not get one on the phone, someone else would pick up and immediately solve a problem. And Susan worked for Merle Debuskey, and Merle worked for Bernie and Gerry. And the powers that be were Bernie, Gerry, Jimmy, Arthur, and no one had a last name. Broadway was a family, a bit disjointed at times, but definitely a family. No one rooted for anyone to fail, a hit at the Majestic was good for a show at the Broadhurst or the St. James, and vice versa. Everyone had experience on flops, hits and those near misses. And everyone had a story, and no one went home early, and everyone saw every Broadway show the week it opened, if not opening night. Sardi’s delivered to the 7th floor, especially on rainy and cold days. And if someone was not available to pick up the phone at 7 pm, you just paged the bar at Sardi’s, you’d find them. And then there was Judy, Ronnie, Morris. Vinnie, all available at a moment’s notice to change an ad and still make the NY Times deadline by midnight. Then it all changed, a person came on board as a young copy cub hired to write radio commercials, who swiftly renamed herself as creative director, and all of a sudden it was chaos, competition, and disingenuous dealings and back biting meetings with closed doors. And then Jeff and Peter and Don ended up leaving, and opened their own. And then it all began, who could steal a show away from the other. And producers like Liz, would play one against the other, just for kicks, and slide between agency to agency, mowing down earnest loyalties and setting one up against the other. And then others left one by one, and the brilliant and loyal and professional ad men, were now pitted against one another. And everything became a secret, and Neil Simon fed up, went to a Madison Avenue agency with no theatre experience whatsoever.
Press Agent Susan Schulman (who just passed away two days ago) opened up her own agency, in 1978, and continued until last Thursday, 44 years later, and she remained young and excited and the same as she was in 1978, eager to work, eager to publicize Broadway. Only the work mattered, and no gossip or back biting ever compromised her professional dealings. She knew where all the bodies were buried, and she knew that her experience was ever so much more appreciated. Dammit, she worked on APPLAUSE with Bacall, 50 year ago, but 50 years later, she was a wiz on the computer and a permanent fixture on Facebook. She moved with the times, she grew into the 21st century easily and quickly.
CHAPTER 15: ACTORS
In recent years, a campaign to help organize for the Unions, has recruited Equity members with a new unofficial title: Show Captain. Show captains help get the word out to their colleagues about how they can take action in support of the organizing campaign. Currently, there are show captains on most Broadway and sit-down productions helping to share news and coordinate action around the Broadway and Sit-Down Production contract negotiations.
CHAPTER 22: THEATRE OWNERS
How close can we put the seats so we can pack in more theatregoers? Has Broadway turned into the airline industry? First DYNAMIC pricing, like the airlines, then adding seats to theatres wherever possible. The N.Y. Post’s Page Six reported that thoughtful producers were expecting Magic Johnson to attend the opening night of “The Piano Lesson” on Thursday night so they removed the seat in front of the 6-foot-9 hoops legend so he could enjoy the show more comfortably."
CHAPTER 15: ACTORS’ EQUITY LINGO
There’s a lot of unique “lingo” (language) related to Equity contract negotiations. Here are some of them, as defined by Actors Equity Association:
ABBREVIATIONS
CAT - Chicago Area Theatre
CBA- Collective Bargaining Agreement
DPE - Department of Professional Employees
ECC - Equity Chorus Calls
EPA - Equity Principal Auditions
EPDA - Equity Principal Dancer Auditions
GIAA - The Guild of Italian American Actors
HAT - Hollywood Area Theatre
LMRDA - Labor Management Reporting and Disclosure Act
MOU - Memorandum of Understanding
NEA - National Endowment for the Arts
NEAT - New England Area Theatre Agreement
NLRA - National Labor Relations Act
NLRB - National Labor Relations Board
OAT - Orlando Area Theatre
PATPA - Performing Artist Tax Parity Act
QPA - Qualified Performing Artist (Tax Deduction)
ULP - Unfair Labor Practice
ACTOR (with a capital A): In contractual language, ACTOR with a capital “A” is typically defined in the opening paragraphs of the agreement to refer to both actors and stage managers, inclusive of principals, chorus, extras, stage managers and assistant stage managers.
ARBITRATION: Unresolved contractual disputes between the union and a producer are sometimes brought to ARBITRATION for resolution, where an independent third party can hear evidence from both sides and render a binding decision as to who is correct. The pursuit of arbitration usually follows a grievance meeting where the two sides attempt to reach resolution.
BOND: A sum of money deposited by the Producer with Equity as security to ensure that all financial obligations to the stage managers and actors are met is called a BOND. An employer organization signs a security agreement and delivers to Equity a security, in the form of a certified check, letter of credit or bank letter. Equity holds this security until the closing of a production, at which time outstanding claims may be deducted from the bond. Full or partial amounts may either be returned to the producer or roller over to another production agreement. The bonding policy was established in the 1920s, a time when actors and stage managers were often stranded after a production unexpectedly closed while on the road.
BREAK A LEG: Since it is superstitiously considered bad luck to wish “good luck” prior to a performance, theatrical tradition dictates that we wish each other “BREAK A LEG” instead.
CALLBACKS are auditions for actors who have been seen at an initial audition, when an employer wishes to see them audition with a longer or specific piece, demonstrate a different skill, etc. Callbacks are not Equity auditions and are not governed by the same rules that must be followed for Equity auditions (i.e., EPAs, ECCs, EPDAs).
CAST: The company of actors hired for a production. Also the act of assigning parts to the actors.
CHORUS: Actors whose primary function in a play or musical is to recite, sing and/or dance in a group. CHORUS actors are employed under chorus contracts, which account for incremental pay related to certain functions such as performing a “specialty.” Equity reserves the right to determine an individual’s classification as chorus, as well as the right to change the definition of “chorus.”
COLLECTIVE BARGAINING AGREEMENT (a.k.a. CBA): The COLLECTIVE BARGAINING AGREEMENT, often referred to as a CBA, is a written contract between an employer and an association or union, usually for a definite term, that defines conditions of employment such as wages, hours, vacations, holidays, overtime payments, working conditions, etc.; the rights of the employees and their association or union; and procedures to be followed in settling disputes or handling issues that arise during the life of the agreement.
COUNCIL: Equity's ultimate decision-making body, particularly regarding policy, finance and appeals, COUNCIL is comprised of eight officers and 75 councilors. Council seats are distributed among Equity's three geographic regions (Eastern, Central, Western) determined by the proportion of members within the region, and by the percentage of those working under Equity's Principal, Chorus, and Stage Manager categories. As of 2020, there are also seats reserved in each region for at-large members, open to those who live outside of Equity’s three office cities.
DANCE CAPTAIN: The DANCE CAPTAIN is a member of the company who maintains the artistic standards of all choreography and/or musical staging in the style, intent, technique and energy level of the original production. The dance captain always works in tandem with the stage manager in conveying and maintaining the creative intentions of the artistic staff.
DEPUTY: An important representative of any – and every – Equity production, the deputy is a member of the company selected by a majority, Equity-only vote. The vote, which is conducted by the stage manager, will be held within the first three days of rehearsal. The deputy serves as the liaison between Equity and the rest of the company regarding all working conditions. Working in tandem with the stage manager, the main responsibility of a company deputy is to accurately report any issues to Equity. It is not the responsibility of the deputy to interpret a rule or to negotiate with or confront management.
EMPLOYMENT LAW: Laws governing the relationship between employees and employers are collectively referred to as EMPLOYMENT LAW. Employment law is distinct from, but related to, labor law, which governs the relationship between businesses and labor unions. The Department of Labor administers and enforces both employment law and labor law.
EQUITY AUDITIONS are auditions required by some Equity agreements. These auditions must follow rules outlined in the applicable agreement, and may take the form of EPAs, EPDAs or ECCs. More information
EQUITY CHORUS CALLS (a.k.a. ECCs) are Equity auditions for chorus parts in chorus musicals. There are separate ECCs for dancers and for singers, and those are sometimes divided between men and women. When gendered ECCs are held, nonbinary or gender-fluid actors are encouraged to attend the call they think best fits their talents.
EQUITY PRINCIPAL AUDITIONS (a.k.a. EPAs) are Equity auditions for principal roles in plays and musicals. Actors usually audition with a song or monologue of their choice, or they read from sides provided by the employer.
EQUITY PRINCIPAL DANCER AUDITIONS (a.k.a. EPDAs) are dance auditions for principal roles in a musical. EPDAs are not held frequently, but if the principals in a show are expected to have exceptional dance abilities (e.g., for A Chorus Line), the employer may choose to hold an EPDA in place of an EPA. EPDAs are run following ECC procedures.
FACE PAGE: The cover sheet of an Equity contract which includes information specific to the member signing, such as name, address and dates of employment. Sometimes just called the “face.” The FACE PAGE is one of three parts of a contract, along with the rulebook and the rider.
FIGHT CAPTAIN: A company member responsible for maintaining the fight choreography and the safety of those engaged in staged fights, required by some agreements.
FOURTH WALL: The invisible wall through which the audience sees the action of the play. When an actor acknowledges the existence of an audience, it is known as “breaking the FOURTH WALL.”
GOOD STANDING: A member who is paid up on dues or is participating in a payment plan is considered to be “in GOOD STANDING.” Good standing is required for participation in Equity governance and to receive many of the benefits of Equity membership. Members on temporary withdrawal, suspended payment or delinquent on dues are considered not in good standing. Except for payment of dues, a member not in good standing is still subject to all of the duties and obligations required of a member in good standing.
GRIEVANCE: A GRIEVANCE is a formal complaint about an employer filed on behalf of a worker. Equity files grievances on behalf of its members when an employer has failed to uphold the terms of their CBA. Some grievances may be resolved quickly by correcting a situation or financially compensating a member. Others may advance to arbitration.
GUEST ARTIST AGREEMENT: This agreement may be used by either a nonprofit educational institution or community theatre to hire an individual Equity member. The benefits and protections of an Equity contract are provided for the member working alongside non-contracted workers.
THE GUILD OF ITALIAN AMERICAN ACTORS (a.k.a. GIAA): The only ethnic acting union in the United States. A member of the 4As.
HOLD: A pause on all stage activity, usually called by the stage manager to allow for time to resolve a technical or safety issue.
ILLEGAL SUBJECTS: Topics forbidden from negotiation within a collective bargaining agreement because they would violate a law. For example, negotiating a hiring practice in violation of anti-discrimination law would be an ILLEGAL SUBJECT.
INCREMENT: In many contracts, there are required incremental payments on top of minimum salaries for additional functions including but not limited to understudy roles, parts, specialties, swing, extraordinary risk, dance or fight captain that members may take on during their employment.
JUST CAUSE: Termination for valid reason, which is required by most agreements. The producer has the obligation to give the member written notes of their failures and must give the member the opportunity to correct them. Of course, if there is a dispute, the termination is subject to grievance (where applicable) and/or arbitration, if Equity so determines.
MANDATORY SUBJECTS: There are certain subjects that directly impact terms and conditions of employment. These are subjects over which the employer and union must bargain if a proposal is made by either party. These MANDATORY SUBJECTS include wages, grievance procedures, workplace safety and more. Topics that are not mandatory but may still be negotiated if both parties agree are known as Voluntary or Permissive subjects. There is also a category of topics that may not be negotiated because they violate employment or labor law, known as illegal subjects.
MEMORANDUM OF UNDERSTANDING (a.k.a. MOU): A written document outlining agreements between two (or more) parties that is less formal than a contract.
NATIONAL ENDOWMENT FOR THE ARTS (a.k.a. NEA): The NATIONAL ENDOWMENT FOR THE ARTS is an independent federal agency that supports arts education, affirms and celebrates America’s rich and diverse cultural heritage, and promotes equal access to the arts in every community across America
NATIONAL LABOR RELATIONS ACT (a.k.a. NLRA or WAGNER ACT): The most important piece of labor legislation enacted in the US in the twentieth century, the NATIONAL LABOR RELATIONS ACT gave workers the right to form and join unions. The NLRA obligated employers to collectively bargain with the union selected by the majority of its employees. It also gave the unions the responsibility of representing employees in collective bargaining and administering the collective bargaining agreements. It is also known as the WAGNER ACT, named for the senator who wrote the bill, which was signed into law by FDR in 1935.
NATIONAL LABOR RELATIONS BOARD (a.k.a. NLRB): The NATIONAL LABOR RELATIONS BOARD is an independent federal agency that protects the rights of private sector employees to join together, with or without a union, to improve their wages and working conditions.
OFFICE CITY: New York, Chicago and Los Angeles, the three cities with the most Equity members, are known as the Equity OFFICE CITIES due to the presence of an Equity office in each city. Equity also has a satellite office in Orlando, but that is not considered to be an office city.
PART: Each character, specialty or function for which an actor is responsible in a show.
QUALIFIED PERFORMING ARTIST TAX DEDUCTION (a.k.a. QPA): The QUALIFIED PERFORMING ARTIST TAX DEDUCTION is a tax deduction some performing artists are eligible to take that is currently only available to artists whose adjusted gross income is below $16,000, a cap that was set in 1986 and has not been raised since.
RIDER: Special contract provisions are called riders. Juveniles in touring productions accompanied by a parent or guardian may have a rider attached to their contracts whereby the parent or guardian’s travel expenses are paid. Individuals who negotiate wages or benefits above the minimums guaranteed by the CBA will see those terms documented in riders.
RIGHT TO WORK: So-called “Right to work” laws make it harder for working people to form unions and collectively bargain for better wages, benefits and working conditions. In right-to-work states, public-sector union employees may become members of their unions without having to pay dues; private-sector employees may benefit from the collective bargaining of the union without paying the associated fees. These laws weaken unions by depriving them of payment for the services they provide to the workers they represent.
SAFE & SANITARY: Contractually specified working conditions and standards that the producer must provide.
STAGE MANAGER: Stage Managers are leaders and collaborative specialists who prioritize and advocate for the production and its entire process commencing with pre-production.
Stage Managers and Assistant Stage Managers:
· Coordinate and facilitate all rehearsals, calls, and performances before and after opening;
· Assemble and maintain a record as necessary for the actual technical and artistic operation of the production;
· Lead technical rehearsals and supervise performance cueing;
· Facilitate interdepartmental communication; and,
· Maintain the artistic vision of the director and the producer after opening.
SWING: A non-performing member of the chorus who fills in for absent chorus performers. A “partial swing” is a performing member of the chorus who substitutes in a specific production number for absent chorus performs. A “vacation swing” covers a chorus role for the duration of a performer’s vacation. A “universal swing” may be employed by the producers of a show currently running multiple companies to cover chorus roles across more than one company.
TRACK: A chorus actor’s show from curtain up to curtain down. This may or not include the actor’s assigned parts and/or specialties.
UNDERSTUDY: An actor who is prepared to assume a principal role should the actor portraying that role be unable to perform. Understudy assignments are required in some agreements. An actor may perform as an understudy only if their individual employment contract provides for this additional responsibility. A “general understudy” is hired to understudy one or more roles and does not regularly perform in the show.
UNFAIR LABOR PRACTICE (ULP): An UNFAIR LABOR PRACTICE is an action by an employer or a union that violates the National Labor Relations Act (NLRA).The National Labor Relations Board (NLRB) has created an extensive listing of employer actions that it considers would unduly interfere with an individual employee's labor rights. There are five categories of unfair labor practices for employers that are prohibited under the NLRA:
1. Interference, restraint, or coercion. An employer cannot interfere with, restrain, or coerce employees in the exercise of their rights. Most violations of this section include supervisors who (a) make threatening statements, (b) question employees who assert their labor rights, or (c) make false statements to workers seeking unionization.
2. Employer domination or support of a labor organization. An employer may not try to dominate or interfere with the formation or administration of any labor organization, or to contribute financial or other support to such an organization.
3. Discrimination on the basis of labor activity. An employer may not discriminate against an employee in hiring, or tenure of employment, or any term or condition of employment in order to encourage or to discourage membership in any labor organization.
4. Discrimination in retaliation for going to the NLRB. An employer may not discharge or otherwise discriminate against an employee in terms and conditions of employment because he or she has filed charges or given testimony.
5. Refusal to bargain. An employer will be in violation of the NLRA if the company (a) refuses to bargain collectively with the representatives of the employees, (b) refuses to recognize a majority union, (c) takes unilateral actions, (d) refuses to provide necessary information to union representatives, (e) refuses to sign a written contract once an agreement is reached, (e) or imposes conditions on its willingness to bargain.
VARIETY: Show business periodical that publishes box office grosses (for both film and theatre), reviews, obituaries and other industry information.
WEINGARTEN RIGHTS: Under federal labor law, employees have the right to union representation at disciplinary meetings. These rights are known as WEINGARTEN RIGHTS, named for the 1975 Supreme Court case that upheld them.
WORKERS’ COMPENSATION INSURANCE: Insurance supplied by the producer to cover medical expenses and time lost benefits that result from an on-the-job injury.
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