The lawsuit has been filed.
This was inevitable from the moment AEA circumvented the 99-seat theatre agreement, and put forth a "promulgated" new plan despite a 65% vote against by the members of the Los Angeles theatre scene. So here is Equity's response to the lawsuit. My answers (as always) are in bold.
Actors' Equity Association Statement on the Minimum Wage Lawsuit
Really? You're trotting out the tired "minimum wage" argument in your opening statement. Let's see if you really believe that this is about minimum wage later in this document (spoiler alert: it isn't). But let me correct you. This isn't a minimum wage lawsuit. You are being sued for:
(1) BREACH OF CONTRACT;
(2) BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING;
(3) BREACH OF FIDUCIARY DUTY;
(4) BREACH OF THE DUTY OF FAIR REPRESENTATION; and
(5) VIOLATION OF LMRDA’S EQUAL RIGHTS GUARANTEE
Have you not read the actual lawsuit?
Actors' Equity Association is a labor union that exists primarily to
advocate for better wages and working conditions for its artist members.
I think you're primarily an association of artists to foster the art of live theatre...and the reason I say this is because it's the first line of your mission statement:
Equity is the U.S. labor union that represents more than 50,000 Actors and Stage
Managers. Equity seeks to foster the art of live theatre as an
essential component of society and advances the careers of its members
by negotiating wages, working conditions and providing a wide range of
benefits, including health and pension plans. Actors' Equity is a
member of the AFL-CIO and is affiliated with FIA, an international
organization of performing arts unions.
After dedicating months of staff time,
Ah yes, that very successful listening campaign you embarked upon.
conducting surveys and
membership meetings
Which were misleading and wrongly interpreted as was broken down by Kevin Delin brilliantly.
--and considering the results of the advisory
referendum,
Which was destroyed by a 2-1 margin against.
which prompted AEA's Council to carve out even more
exemptions to its original proposals--
Which were also roundly refused by the LA members.
the
governing body created a system that would allow for some members to be
paid minimum wage for rehearsals and performances,
Remember earlier when I said this was never about minimum wage? Jesus, you can't even get through your whole defense without nullifying your opening statement. I hope the lawyers you are paying to create this drivel aren't being paid with member dues.
while those who
chose to would still be able to volunteer their time to a) self-produce,
Which if you had really been listening on your listening tour, you would know that we already do...that's the basis of our theatrical community. But you have taken self-producing to mean vanity projects instead of art...which isn't what we do.
b) perform with membership companies under the new internal membership
rules,
Attempting to create a rift between membership companies and non-membership companies, and making sure there were no new membership companies formed the second the plan was presented.
and c) appear in 50-seat showcases.
Which is significantly fewer than the showcase code in New York. And why? Because fuck us, that's why.
Only non-member-driven
producing organizations are subject to the new minimum wage
requirements,
And you get to decide who's a member company and who isn't. And you get to destroy some really beautiful theatre going on in spaces like Antaeus and Boston Court because you would rather kill them than negotiate with them on becoming HAT contract spaces.
which are certainly not a radical concept in any case.
Actually it is the very definition of radical: "relating to or affecting the fundamental nature of something. Far reaching and thorough." I'd say that an increase of (conservatively) 300% in salary makes this, indeed, radical.
It is disappointing that this prolonged process has now resulted in
what will surely be a very expensive litigation for Equity.
Yes. Yes it is. Very disappointing.
Unfortunately, the real victims here
(cue dramatic music)
are the members all over the
country
(cue slide of "Pippin" being performed in Nebraska)
who understand
Ok, until you can come to grips with the basic fact that 65 is greater than 35, you don't get to talk about understanding.
that when a single community
The second largest market in the country.
files costly
lawsuits
With our own money.
and buys full page ads in major newspapers
With our own money.
to insist that they
should not be paid,
Oh for fuck's sake. You know better than this. You know that this isn't about people not wanting to be paid. This is about creating work. Creating theatre art, which more often than in any other "community" goes on to be produced in full contract houses. This phrase is intellectually, emotionally, and categorically dishonest.
it has an inevitable
As inevitable as a promulgated plan being voted down and still enacted inevitability?
and deleterious
Deleterious: "causing harm or damage." Big word, but incorrect. We are trying to protect our theatre community from harm and damage.
effect on the
union's bargaining power for the rest of its members.
Well you should have thought about that before you stripped your members of their rights.
Equity is fully prepared to defend both the process and the substance of Council's actions.
The process was illegal. The substance deeply flawed and punitive.
You lost before, and you didn't even cheat and lie and stack the deck that time. Let's see what a judge has to say about your actions this time.
Sincerely,
Patrick Vest
