Strike - Actors?- Page 2

[MaronaDavies]

Posted: 11/14/07 at 4:42pm

Also, the 7 week waiting period for unemployment benefits applies to the people ON strike, not the people affected by the strike. If you're considered an "innocent bystander" and the strike shuts down your job--but you and your union are not actually on strike yourself--you're eligible for regular benefits with the usual waiting period. So if you're Local One you'll be waiting; if you're AEA or AFM you can probably apply now.

Not that it's great, mind you...I think the cap on NYS unemployment is $400 AND it's taxed. Even with a strike fund it's hard to meet the rent on that.

[robbiej]

Posted: 11/14/07 at 4:46pm

It's $406 and you can choose to have Federal taxes withheld, which brings it down to $364.50. You can choose not to have taxes withheld, but you'll owe that back at the end of the year.

[Tkt2Ride]

Posted: 11/14/07 at 4:49pm

These are reason why all of us hope the strike won't last too long. The Actors could actually claim that their working conditions did not meet the safety standards set by the City of NY. Many cannot perform without technicians to work the stage mechanics so how could they put on a show? So I feel they have an honest claim though unsure if it will hold up in court.

It is the League that has said they will not negotiate. I don't see any way for the Union to get around that? The rest of the staff are unfortunate victims of this but they also know this will have a long term affect on their working conditions in the future.

I feel sorry for the Restaurants and other business but people still have to eat? They will still shop. They might be doing it in other areas though where there are still shows but there are still shows open and racking in money that would have probably gone somewhere else. I just hope some resourceful Actors are taking advantage of this time to do other things to earn extra money to help them out like they would if they were usually out of work. The smart ones had insurance to help pay their bills or offset being unemployed suddenly.

Good luck. I fear we still have awhile before this will all be settled so don't waste time complaining too much. Find something profitable to do with your free time.

[markymatt]

Posted: 11/14/07 at 4:58pm

From the New York State Department of Labor Website:

3. Strike and Other Industrial Controversy. If you lose your job because of a strike, lockout or other industrial controversy in the establishment where you are employed, your rights to unemployment insurance will be suspended for 49 days beginning with the day after you lost your job or until the labor dispute is ended if it doesn't last 49 days. This applies whether or not you are directly involved in the labor dispute.

Unless there is something else I haven't seen, it doesn't seem to make a difference if yours is the union striking or not. It doesn't quite seem fair, but there you have it.


Department of Labor Workers' Comp Board Handbook

[MargoChanning]

Posted: 11/14/07 at 5:06pm

Thanks for that, Markymatt. That was my understanding of the unemployment rules, but I just didn't have the strenth to go look it up on the NYS Dept. of Labor website (I've been answering too many questions today).

[robbiej]

Posted: 11/14/07 at 5:06pm

And really...who wants to deal with the NYS labor site when you don't have to!

[markymatt]

Posted: 11/14/07 at 5:07pm

I certainly didn't want to, but I had to for my job, so I figured while I was there....

[MaronaDavies]

Posted: 11/14/07 at 5:27pm

But there's also this: http://www.labor.state.ny.us/ui/aso/Section_1300.htm#1310

# If there is an industry-wide industrial controversy, the provisions of Section 592.1 apply to a claimant only if his unemployment is directly attributable to the industrial controversy in his place of employment. Thus, in the case of a general strike of truck drivers in the construction industry, the construction workers of an employer are not suspended from benefits if their loss of employment is attributable to the non-delivery of cement caused by the strike of truck drivers against another employer supplying the cement, rather than to the participation in the strike by the truck drivers employed by employer of the construction workers. (Matter of Wentworth; 10 N.Y. 2d 13; A-750-1553)

# Claimants who lost employment on the day on which the employer discontinued business were not subject to disqualification period even though an industrial controversy immediately preceded the employer's action. (A.B. 2413-40; A-750-189)

Which would seem to contradict the seven-week waiting period. Why am I not surprised the NYS Dept. of Labor contradicts itself?
Updated On: 11/14/07 at 05:27 PM

[markymatt]

Posted: 11/14/07 at 5:34pm

To me that says: If stagehands were striking against all theatres, then there would not be a problem. But, since they are not striking against non-profits, the Helen Hayes Theatre, The Hilton, etc., this exception does not apply.

My guess is that since it is not an industry-wide strike, auspiciously the worker could find other employment in his or her field. Obviously that isn't realistic, but when has reality really ever mattered to our government?
Updated On: 11/14/07 at 05:34 PM

[MargoChanning]

Posted: 11/14/07 at 5:44pm

Also, if by industry-wide, this would mean all IASTSE stagehands in the country, this section also wouldn't apply since stagehands in other cities (even at the dozen or more theaters around the country owned by League members) are not affected by the strike. IASTSE members also work in film and television, which is also not affected by this strike (though those industries are having their own problems due to the Writers Guild strike).

[alex2155]

Posted: 11/14/07 at 11:17pm

Man I hope that none of the actors accidently left anything important at the theater the night before the strike. Like forgetting phones or other important things. That would suck to be not able to get it since that would be crossing the picket line.

[leko2]

Posted: 11/15/07 at 12:37am

markymatt said: "The actors have to show up at half hour and sign in. They stay until "curtain" time at which time they are allowed to leave, but encouraged to stay. The reason for signing in is that the union is going to make a case to the producers (and possibly an arbitrator) that they did show up ready and willing to work--although the AEA supports Local 1, there is no sympathy strike. AEA is not overly optimistic that they will receive money from the producers, but that's not going to stop them from trying."

If the actors are willing to work and they are showing up to work and signing in for work. Why are they not being paid by the producers? Why are they being encouraged to walk the picket lines instead of going inside and getting ready for a show?

[nygrl23]

Posted: 11/15/07 at 12:39am

They can always take nonunion work while the strike is on, and work under a fake name. SAG actors do it all the time when they take nonunion work.

Yeah, I know. Not cool. But it happens.
Updated On: 11/15/07 at 12:39 AM

[ashley0139]

Posted: 11/15/07 at 2:00am

Man I hope that none of the actors accidently left anything important at the theater the night before the strike. Like forgetting phones or other important things. That would suck to be not able to get it since that would be crossing the picket line.

It would suck, but actors have been told for a while now to take valuables home with them just in case. So they've been conscious of it.