Hogan-
The problem I have is that you seem convinced that every show that has ever played on Broadway has used Union performers (whether they are AEA or not). That simply isn't true. As I've said in other replies-What Union is representing Bruce Springsteen?
Unlike IATSE , AFM and the Ushers and the rest of the Unions, AEA doesn't have deals in place with the Theatreowners, reagrdless of who they are. ON Broadway, they negotiate with the Producers of the Shows. AEA Jurisdiction within the "Broadway Box" as it is known, is only exclusive when it is a league producer who is presenting the show. Rocktopia is not being produced by a league member so Equity can't just claim blanket jurisdiction and insist that the production contract be used. Now, it gets confusing when there are league members who are also theatre owners. The Shubert (thanks for the spelling correction BTW-my iphone apparently doesn't believe you) organization owns the Broadway Theatre, but again, as of now, they are only landlords and have no money in this show. If they did, this would be almost a non-issue because the existing deal with the League would apply and Equity would be able to exert even greater pressure. Jurisdiction in that case would be a foregone conclusion.
It seems with this, according to Equity's public stance, both in the press and in the emails that we members received yesterday, that the Union is seeking to organize this on a somewhat "good faith" basis, prevailing on the members that are in the show (Rob Evan, Danny Zolli, etc) to bring this into the fold. A lot of batting back and forth has taken place about the distinction of the Choir/Chorus. Rocktopia, when on tour, traditionally utilizes (sometimes multiple) choirs when playing in various cities. When attempting to do so in New York, some AEA members got brought in, and that is where a lot of the trouble seems to have started.
Apparently there is a mixture of pro, semi-pro, avocational, etc that is part of this 35-40 piece choir/chorus for this NYC run and that brings along with it the usual time conflicts and learning curves that we would expect. This is where the low wages come into play. Some people, during this short run, are only available for certain performances. Some are doing them all. Everyone in the Choir is holding books. Rehearsals are only happening in the final days before Tech. So, with all of this, the Producers are trying to do everything they can to maintain the integrity of the show while at the same time do things like pro-rate (or in the Union's eyes underpay), while still having enough people to actually carry the show. I don't envy them in this regard.
At the end of the day, as much as I'd love to see this be an AEA job for the performers, I think that the reality of it is that the producers hold the cards here when it comes to jurisdiction, especially when they can just say that it's a concert. AEA would need to make some serious concessions in terms of payment for that choir in order for it to make financial sense for the producers to use a union contract.