GATEWAY VS. AEA

[EthelMae]

Posted: 9/17/20 at 5:56pm

I read the case twice, here and on another Chat. I’m not sure what the problem is between them. Gateway Theatre on Long Island contracted “employees “ on Equity contracts. AEA contracts Actors and Stage Managers in live theatre. Is AEA saying the “employees” contracted at Gateway were other than those categories? 

Any ideas? Thx.

[AEA AGMA SM]

Posted: 9/17/20 at 6:30pm

I can't say for 100% certain based on the article here, but it sounds like the lawsuit is over "phantom" contracts. It is sadly a far too prevalent practice amongst regional theatres where they will put various employees under an Equity contract, such as a marketing director, an assistant artistic director, etc. This accomplishes two things for the theatre. One is that that employee typically ends up qualifying for health coverage through the union, and also becomes vested into the pension plan (to become vested a member only needs two qualifying work weeks over a consecutive five year period).

It also is often used to bolster ratio numbers and, at least on paper, fulfill other contractual staffing requirements. For instance, they could say they have "Equity understudies" or are meeting a contractual requirement to have an Equity assistant stage manager, when the reality is that understudy or ASM is working in their office all day and is never expected by the theatre to actually do those jobs that they are under an Equity contract to do. This does constitute insurance fraud, and, quite frankly, it's been a widely known "secret" for a very long time that Gateway has done this (amongst a number of other companies), especially in regards to assistant stage managers. I personally know at least one stage manager who found out that they had a contracted Equity assistant only when the business rep mentioned it in an unrelated conversation. This was well into the run of the show, so clearly said ASM was not doing anything related to the position Equity had records of them being contracted for.

So it sounds like Equity finally received enough complaints about it and decided to actually investigate. Sadly its very underreported, because, despite anti-black listing clauses in all of Equity's contracts, there is still a very large culture of fear of not wanting to be the one to rock the boat on issues like this.

[EthelMae]

Posted: 9/17/20 at 6:48pm

Thanks a lot AEA AGMA SM. Makes sense.

[Tag]

Posted: 9/17/20 at 7:20pm

AEA AGMA SM, I'm assuming AEA looked the other way while gladly accepting working dues, and since that has run dry, they are now taking notice.

[AEA AGMA SM]

Posted: 9/17/20 at 7:29pm

Undoubtedly there was some severe negligence from some business reps over the years, I won't deny that. There's also been a greater and greater push these past few years, especially amongst the stage management community, who are often the most affected by this practice, to bring accountability against these sort of actions.

But no matter what the timing and motivation for finally taking action was, it's a practice that needs to end (and, as I said, does fall under the umbrella of insurance fraud).

[Dollypop]

Posted: 9/17/20 at 8:14pm

This is happening virtually in my backyard. The Gateway is known for its sneaky operations and lost its EQUITY licensing in the past.

[ACL2006]

Posted: 9/17/20 at 8:59pm

Gateway has always been know for shaddy stuff. There's a reason most actors don't return there. It's an equity house that's basically a glorified summer stock theater.

[broadwayguy2]

Posted: 9/17/20 at 10:39pm

They have one particular staff member who manages to be an AEA Understudy in *every show* for roles he is WILDLY unfit for and it makes me cringe every time I see it credited.

[itsjustmejonhotmailcom]

Posted: 9/17/20 at 10:55pm

AEA AGMA SM said: "One is that that employee typically ends up qualifying for health coverage through the union, and also becomes vested into the pension plan (to become vested a member only needs two qualifying work weeks over a consecutive five year period)."
 

I can understand why the employee would want AEA health insurance and pension, but why would the theater (the employer) want that? Their portion of those payments into the AEA plan almost certainly costs a lot more than if there offered them insurance through their own group plan - or even paying 100% of the premium for an Obama care plan. And they wouldn't have to pay the pension (I'm assuming most regional theaters don't offer a pension plan.)

[Dollypop]

Posted: 9/18/20 at 12:01am

It should also be mentioned that the quality of their productions at the Gateway has sunk. Going back about 10 years, they did an absolutely brilliant WEST SIDE STORY and a marvelous BEAUTY AND THE BEAST. Lately, their shows have been intolerable. This year they've turned their grounds into a drive-in movie theater and charge $35/vehicle admission.

[broadwayguy2]

Posted: 9/18/20 at 9:26am

Yes but the “actor” can take that with them to any other job and continue to receive the benefit for that calendar year, or if they go to another theatre doing the same thing, can maintain it.

Also, the more complicated answer is that it uses up one of their required AEA contracts for a production, allowing them to hire talent outside of the Union Agreement and allows the theatre more freedom to give less to the performer in the way of pay, housing, schedule restrictions, etc.

[Kad]

Posted: 9/18/20 at 10:48am

As AEA AGMA SM says, this is a fraudulent and not uncommon practice. It’s less that Equity was not interested in going after offenders- they often did- and it’s more that it was difficult to do so with the resources they had. And now they’ve laid off a substantial portion of their staff.

And yes, I’m sure the fact that both AEA and Equity League (which administers health and pension benefits for AEA members) now have almost no income is causing them to crack down on longstanding or outstanding issues. From what the BWW article implies, it seems it’s Equity League that is seeking payment. That organization in particular is in dire straits at the moment- it is funded wholly by weekly producer contributions, which goes to fund insurance and pension.

[broadwayguy2]

Posted: 9/18/20 at 11:18am

Kad said: "As AEA AGMA SM says, this is a fraudulent and not uncommon practice. It’s less that Equity was not interested in going after offenders- they often did- and it’s more that it was difficult to do so with the resources they had. And now they’ve laid off a substantial portion of their staff.

And yes, I’m sure the fact that both AEA and Equity League (which administers health and pension benefits for AEA members) now have almost no income is causing them to crack down on longstanding or outstanding issues. From what the BWW article implies, it seems it’s Equity League that is seeking payment. That organization in particular is in dire straits at the moment- it is funded wholly by weekly producer contributions, which goes to fund insurance and pension."

THIS

[itsjustmejonhotmailcom]

Posted: 9/18/20 at 1:18pm

broadwayguy2 said: "Yes but the “actor” can take that with them to any other job and continue to receive the benefit for that calendar year, or if they go to another theatre doing the same thing, can maintain it.

Also, the more complicated answer is that it uses up one of their required AEA contracts for a production, allowing them to hire talent outside of the Union Agreement and allows the theatre more freedom to give less to the performer in the way of pay, housing, schedule restrictions, etc."

That makes sense, thanks.

[broadwayguy2]

Posted: 9/19/20 at 9:13am

Housing is regulated for an Equity actor. It is not for a non-Union actor. That point ALONE is major here.
Theatre by the Sea, for example, has housing where Equity members have their own rooms and non-Equity members share bedrooms dorm-style.
If you eat up an Equity contract or two with staff positions, you already save housing space and all associated with it.

[ACL2006]

Posted: 9/19/20 at 10:09am

Theater by the Sea is another one of the equity houses that's a glorified summer stock theater. AEA members get the nice rooms with A/C while all non-equity members get crammed into a cabin without A/C.

[Tsao5]

Posted: 9/19/20 at 1:26pm

Absolutely 100 % inaccurate regarding current Theatre by the Sea housing. All the actors are housed together in a comfortable motel that the theater now rents for the summer. All the Equity actors have single occupancy and most of the non equity have double occupancy with some having single.  It is not dorm style.  It is as if you were just staying in a motel.  Some rooms have one queen sized bed, and some have twin sized beds. All the rooms have A/C of course and cable TV and mini fridges with microwaves. In addition to the rooms there is a house adjacent that has a full kitchen with multiple refrigerator, dining room, living room etc. In addition the rooms are regularly cleaned by they staff who live there the whole year.

Perhaps you worked there in the past and things were different (which I believe WAS the case) but these days, there are no complaints about housing there. In addition there is a full larger house at a different location where the leads can stay if they want. To get around, vans are provided. 

And it IS summer stock. You can call is glorified summer stock as much as you like, but.....that is what the theater is.......summer stock. It has never represented itself as anything else.  Same with Gateway. In both cases some of their shows are excellent and some are not. 

[Dollypop]

Posted: 9/19/20 at 2:50pm

Gateway has its own on-site housing in a hotel that is allegedly haunted by the ghost of Lucretia Mott.

When "stars" are brought in, they are housed off-campus. For example the entire cast of BALLROOM WITH A TWIST was house in a local hotel and transported to the theater by van.

[ACL2006]

Posted: 9/19/20 at 10:13pm

Yes. I'm going way back for Theater By The Sea. Like15 years ago.  But from some actors I've known that have worked there recently, they weren't exactly thrilled about the housing they provided. And this included no working A/C during the summer.