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MONDAY, DECEMBER 1, 2003 VOLUME 38 NUMBER 4
PRESIDENT'S MESSAGE - Paul Martino, President

The Union Difference

        Why do I need AFTRA? I've got a great paying job. Good benefits. And I’m doing what I love. I don't see any reason to pay union dues. AFTRA can't do anything for me.”

        I hear these arguments over and over. And I am forced to cite example after example of people who needed AFTRA or wished – after the fact – that they had AFTRA.

        Most of us have heard of Guy Junker. "Stan, Guy, love the show". For thirteen years, Guy teamed up with Stan Savran at Fox Sports Net Pittsburgh. Together, they covered Pittsburgh sports, had a nightly show, and did radio gigs. They are icons.

        Guy Junker is a long time AFTRA member. He was even the station rep at B-94 once upon a time. But there is no AFTRA contract at FOX. Organizing a cable outlet isn't easy. Besides, Guy had it pretty good over there. His job was secure. Right?

        Thankfully for Guy, he asked his boss about the status of his personal service contract before he put a down payment on that new house he and his family were looking at. "It was like getting hit over the head with a bat", says Junker. "I had no idea they were about to fire me".

        Guy Junker: out at Fox. No severance. No nothing. To Fox's credit they gave Guy 60-days notice and vacation pay. But if they decided not to - what recourse did Guy have? None.

        Under an AFTRA contract, he would have been entitled to up to six months severance, five weeks notice, vacation pay and sometimes more than a year of health insurance. Even with an AFTRA contract in place, stations still try to withhold severance and vacation pay. But, time after time, AFTRA prevails and our members get the compensation guaranteed by the Collective Bargaining Agreement. It’s what they – what we – deserve for our time, our talents, our work.

        We've fought to get severance for broadcasters making scale. And we fought for a severance check for the late news anchor Patti Burns. And we won.

        You may not think you need AFTRA.

        Ask Guy Junker what he thinks.

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EXECUTIVE DIRECTOR'S REPORT - John Haer, Executive Director

You’re fired! If you want to work, leave town

        That’s the ugly reality broadcast talent face when, as is often the case, their stations decide to replace them.

        Unlike most other labor agreements, union contracts in radio and TV seldom include just cause termination language. Management can end an artist’s employment at any time, whether there’s a good reason or not. Typically, “budget cuts”, “format change”, or “a different direction” are the explanations voiced by the stations. Even with a Personal Services Contract (PSC) - an individual agreement providing pay and perks greater that the union minimum contract rates - artists typically face reconsideration annually.

        In the top-rated AFTRA stations, most artists are signed to PSCs. Almost all PSCs now contain a clause prohibiting the artist from working in any media job in the same market for up to a year after employment at the station ends. This is a non-compete covenant. In theory, it’s a negotiable item. In practice, individual contracts are seldom signed by the stations without this and other restrictive agreements.

        Pittsburgh AFTRA artists terminated from their stations and currently prohibited by non-compete clauses from working in this market include John McIntire (WPXI/PCNC-TV); Gary Dickson (WWSW-FM); Steve Woods (WDSY-FM); and John Welsh (WDSY-FM).

        The stations argue that non-compete requirements are justified because they invest in and promote the talent. They also claim top talent has access to confidential and proprietary business information. If an artist was able to immediately work for an in-market competitor, the station business would suffer.

        This is poppycock. Many stations don’t really promote their talent. Even if they do, to protect their investment, why not continue to employ the artist? And talent is not management. Staff artists are usually the last to know business secrets.

        The fact is the stations want to have their cake and eat it, too. They may not want to employ you, but they don’t want their competitors to employ you either. Even if they want you, they only want you for less. At the end of the term of a PSC, stations often threaten pay cuts knowing that the artist must leave town to work if he or she doesn’t agree.

        AFTRA asserts that non-compete covenants in broadcasting are a grossly unfair limitation on free trade and commerce. We believe non-competes only serve to give station management  leverage to depress the bargaining power of our members.

        That’s why AFTRA and our allies have led legislative movements to outlaw non-compete provisions in states across the country. In the last three years, non-competes in broadcasting have been banned in Illinois, Arizona, and the District of ColumbiaCalifornia, Massachusetts, Nebraska, and Maine also prohibit these restrictive covenants.

        We need such a bill in Pennsylvania. And we’re working to get one as soon as possible. Want to lend a hand? Call the office to see how you can help.

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BROADCAST NEWS - By John Haer

SBN Inks New Pact

Raises of 3% in each of the next three years, a one-half percent increase in the Employer’s contribution to the AFTRA H & R Fund, new dues check-off language, new provisions for labor-management meetings, and a signing bonus were the featured attractions in the new contract agreement recently ratified by the newspersons, audio journalists, and producers at the Sheridan Broadcasting Network (SBN). Also included were new fees for televised segments of radio news. 

Special thanks to Station Rep. Gerry Scott for helping with the negotiations and communication with members.

The 20 AFTRA members at SBN, headquartered in the city, provide news and programming to stations targeting African American and urban audiences around the country.

SBN’s parent, the Sheridan Broadcasting Corp., also owns WAMO Radio.

Talks Drag on at Clear Channel

Recently, there was a dim light at the end of a long bargaining tunnel at WWSW –FM and WBGG-AM. Management finally (after 16 bargaining sessions) took off the table cutback demands for holiday pay. They also modified onerous FT/PT staffing language. Still, the thorny issues of cuts in Employer H & R contributions, protections against imported voice-tracking and overscale crediting must yet be resolved. In recognition of their extraordinary staying power, 3WS AFTRA members Sherie Seiter, Mike Frazer, Shawn Israel, and Pete Morley received AFTRA pins, our own badge of honor. Next up: Federal Mediator-assisted negotiations.

Talks are heating up at WDVE as well. Wouldn’t you know it, management wants unlimited voice tracking rights, the right to free use of members’ work on other stations, and cuts in H & R. Staff wonder why the station wants to mess with success.  Bill Cameron and Sean McDowell help anchor the AFTRA side of the table.

AFTRA’s five-year journey to win a first contract at WJJJ hit a new roadblock when the station announced another format change (the 3rd in four years). Current music staff will be dismissed to make way for the new hot talkers. Of course, AFTRA will be there to bargain for severance pay.

ESPN 1250 and AFTRA Cannonized

It took almost three years, but AFTRA and ESPN Radio 1250 (WEAE-AM) reached an agreement regarding sports talker Ellis Cannon. The deal, which averts arbitration, clarifies Cannon’s status as a regular employee of the station and provides AFTRA pension coverage for past years' service. Welcome aboard, Ellis.

Channel 2 Talks Spotlight Freelance Issues

The long, long Hometown Hello continues as KDKA-TV – AFTRA bargaining extends into its second year. The talks, on a very slow pace due to the CBS Law Department’s inimitable scheduling, focussed this Fall on the Station’s use of freelance talent for commercials and programming it produces.  These services are covered under the AFTRA Freelance Contract. The station has looked back to pick up AFTRA H & R payments it may have missed in the last several years. Meanwhile, both sides have exchanged drafts of newer, simplified language for a new freelance contract.

On the Staff Contract, the station has yet to make any proposals for improvements to the Staff Artists’ scale. That and AFTRA’s persistence in proposing coverage over all WNPA on-air production are the main issues to be resolved. Talks will resume in January.

From Here to Infinity

Bargaining for CBS/Infinity/Viacom’s three FM stations, WBZZ, WDSY, and WZPT, are finally underway. The Station’s proposals to open up staff commercial voices to KDKA, to utilize voice tracking, and to reuse material have raised a few AFTRA eyebrows. Members feel they should share in the return of these new ways for their talent to attract listeners to the stations.

Talks are slated this month. Special thanks to Station Rep. Stoney Richards for assisting with the negotiations.

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FREELANCE MATTERS - By Suzanne Steidl

The Good News:

FILM/TV PRODUCTION INCENTIVES PASS PA HOUSE.

        AFTRA Pittsburgh took the lead in Western PA to get two bills to encourage film and television production in Pennsylvania passed by the House of Representatives a few days before Thanksgiving.  HB 83 is an extension of the existing sales tax exemption legislation. For feature filmmakers, TV production companies and commercial producers, it will expand the definition of "direct expenses" that are eligible for an exemption to include catering, automobile rentals, and temporary office expenses.

        HB 147 provides for a 15% tax credit against all PA direct expenditures, including wages, for feature films and TV shows or series that spend at least half of its shoot days in PA or half its total below the line in PA and 50% of the below the line hires must be PA residents. If more than $10 million is spent in PA by one qualifying production, the tax credit bumps to 20%. Next steps, the Senate and then the Governor's signature. To view these bills go to www.legis.state.pa.us.


NATIONAL AND LOCAL COMMERCIALS CODES UPDATES

        The new National Radio and TV Commercials Codes are in effect and the rates have changed.  The new on-camera rate is $535.00, voice-over is $402.25.  National Radio is $235.40 for 13 weeks use.  H&R has also been boosted to 14.3%.  Call the office for more information.

        Our Local Code has been extended to January 31, 2004.  At press time we are planning to work with signatory producers and with the Cleveland Local to standardize rates and terms.  In the meantime, scale for local radio and TV remains the same until the new agreement is in place.

The Bad News:

IF YOU DON’T MAKE SURE YOU’RE WORKING FOR A SIGNATORY PRODUCER BEFORE DOING THE JOB, YOU WON’T GET YOUR H&R CONTRIBUTION.

        It is your responsibility to check on your employer’s signatory status before you do the job.  Call the office and find out if you’re working for a signatory.  If not, let us take care of the details so that you get everything you’re entitled to.

        It is also your responsible to fill out the production reports, get them signed by a representative of the signatory company and send them in to the office.  Otherwise, how can we hold them responsible for anything?

Happy Holidays to all!

 Thank you for an extraordinarily productive and exciting year.  There’s more to do in 2004 and I look forward to even more members

 getting involved.

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BROADCASTERS CAN BE FREELANCERS TOO
By Charles “Stoney” Richards, WDSY-FM

Back in “the day,” a broadcaster only did freelance commercial work when he or she lost a job at the station where they’d worked for years. They’d do a few spots for car dealers, a window company or a local supermarket and in a few months be back on the air at a former competitor, usually the station that contributed to the firing! 

        Cut to the current broadcast climate. Broadcasters who are “let go” face a consolidated market that frequently has as many as six other stations owned by “the company” and a conglomerate across the street that owns the rest. Most talent is syndicated from other markets. Opportunities are limited. Add the fact that freelance voiceovers are big business. What you see is a professional quagmire that might only be solved by uprooting your family and leaving the market.

        If a broadcaster embraced the freelance community and established himself as part of it, the situation could be less volatile when his number came up on the Broadcast Wheel of Doom! Unfortunately, broadcasters usually haven’t a clue about “how to get into legitimate AFTRA freelance.”

        Back in the early 1960’s, a young talent from St. Louis named Danny Dark went to Los Angeles looking for work.  He did something that no one had thought to do: he produced a voice reel of spots he’d done and some he imagined doing.  Before long, he was working.  He became one of the biggest, well-known and highly paid freelance voices in the industry. Others - Chuck Blore, Joe Cipriano and the late Ernie Anderson - followed. All former broadcasters.

        It’s sad that most broadcasters don’t pursue freelance work until they have no choice. Until recently freelance voiceovers were an actor’s domain. It was a world, as the movie trailers always say, of agents and actors and mysterious and entertaining voices.  Broadcasters should learn about this fascinating and lucrative part of the business.  Granted many broadcasters have been “taken care of” by their stations. But you all know these companies now serve only the stockholders. If your company isn’t looking out for you, you have to do it yourself. 

        This is not unprecedented. In the Hollywood glory days, actors were “taken care of” by studios that signed them to sometimes lucrative but often restricting contracts. Actors fought to become independent and finally with the Screen Actors Guild’s help broke free to sell their wares on the open market. It was a great day for talent agents. Before, the studio negotiated your contract, chose your movies, how long he’d have you in his studio stable. With agents came bidding wars, media packages and production companies.

        So yes, the freelance world may seem rather unstable, closed and perhaps a waste of time. But consider how unstable, closed and mysterious the major broadcast chains have become recently.

        Call Suzanne at AFTRA about who’s running freelance. Get a list of franchised talent agents. Produce a voice tape.  Learn the rates for spots, voiceover, on-camera, and industrials. It’s all available at the AFTRA office and website. Once you begin working with an agent you’ll begin to see the opportunities. Word of these opportunities never reaches the broadcast conglomerates. 

        Remember this is a business. You don’t make quiet little deals at less than union rates. A franchised agent guarantees that for you. If someone tells you that they don’t like to get “tied up with union contracts” but they pay about the same, do two things: walk and then call AFTRA or your agent…or your mother! Every time a member does a non-union job it makes it tougher for all of us. Members have told me they are reluctant to say anything to anyone who may take non-union work. But I say they certainly had no qualms about taking that job away from you and undercutting future collective bargaining agreements. It’s not a slam-dunk that you’ll get every job that comes to your market but at least it’s a hedge against being out in the cold one day.

        Most important: don’t consider yourself an outsider when it comes to freelance. First and foremost we are AFTRA union members. You can get all the information you need from your shop steward or AFTRA. If you know someone who does strictly freelance or only broadcast you both need to talk! If the broadcast companies can consolidate so can we. Talent defies definition. We can be broadcasters, voiceover talent, actors and radio imagers.

        It won’t be too long before radio stations start hiring out voices for voice tracking on 13-week freelance contracts. If you cut a spot, it can only run 13 weeks before you must be paid for another cycle. Many stations already abuse the relationship with “Voice Imaging Talent” by offering them a flat fee for a number of station image spots. With home studios, digital equipment, ISDN lines and Zephyr boxes available for less than the residuals of a national voiceover spot we are on the brink of a newer, even more mysterious world. AFTRA and SAG have the resources, websites, knowledge and experience for you to draw on so that you can follow your dreams and fulfill your talent potential. The choice is up to you.

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2003-04 CONSERVATORY - By Adrienne Wehr, Conservatory Chair

Out of the Gates and Into the Lead!

Once again, Conservatory is up and running strong. No matter how long you've been in the industry, keeping your skills finely tuned is an absolute must in today's ever-widening competitive environ-ment. We no longer compete with just our local colleagues. In today's commercial industry, we're up against a talent pool that spans the entire country. The Conservatory's mission is to provide our members with ongoing opportunities to stay sharp, stay smart, and get the job!

        To meet those goals, we kicked off this season with a weekend of workshops in October led by LA-based acting coach John Homa. He is a charismatic, highly skilled trainer who provides a vital acting workout for seasoned pros and novices alike. This was just the first phase of what we hope will be a long-term relationship between Homa and the actors of Pittsburgh. If you missed out, he returns to our market on February 28 and 29, 2004. Put aside that weekend to work with this acclaimed coach.

        In November, VO talent extraordinaire and Pittsburgh Local member Jeff Bergman offered us a world of inform-ation and expertise. In a two-part series, Jeff first met with our talent agents, casting directors, and ad agency representatives to determine their needs. The following evening he addressed those needs with our members in a captivating workshop that included: teleconferencing with AFTRA president John Connolly and casting director Mike Pipino; an overview of our industry offered through a letter written to our Local by famed commercial actor Bob Kaliban (the "Tidy Bowl Man"); and opportunities for our members to perform com-mercial copy and receive critique on delivery and mic technique by Jeff along with Tom Kikta, president of Digital Dynamics Audio.

        Jeff and Tom, both generous and outstanding educators, plan to offer in-tensive day-long workshops in 2004 dedicated to honing your VO skills. Don't miss out on these invaluable opportunities to improve your chances of landing those coveted VO jobs.

        Finally, it has been my true pleasure, as Chairperson, to build and grow the Conservatory over these past two seasons. Now, with a successful model for program-ming solidly in place and my responsibilities within the union ever-expanding, I am stepping down as Chair and from the core committee in order to allow the next generation of Conservatory, led by Ingrid Sonnichsen, to spread its wings.

        Ingrid and the committee will continue to bring you high quality, visionary programming starting with MEET THE NON-BROADCAST PRODUCERS in January. I will work in an ad hoc fashion on select workshops.

        Support your career by attending Conservatory, and support your union by being an active member. Discover the ways in which you can influence our collective destiny in this market. Taking action equals ownership and this union belongs to us all. OWN IT!

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AFTRANs SWEEP 8th ANNUAL A.I.R. AWARDS - By Mary Kay Madey

Each year the March of Dimes’ Achievement in Radio awards acknowledges and honors the work of Pittsburgh broadcasters, stations, and ad agencies. AFTRA members and signatory agencies traditionally dominate the awards. This year was no exception.

        Kathy Svilar returned as MC. AFTRAn’s Larry Richert, Jim Cunningham, Adam “Bomb” Hapeman, and Jeff Hathorn assisted with award presentations. Once again, AFTRA's Mark Roberts wrote the script for the awards show. In a surprise “appearance,” California Governor-elect Arnold Schwarzenegger (played by Larry Richert) spoofed the radio industry in Pittsburgh and across the country.

        This year twenty-four of the twenty-nine honors awarded went to AFTRA Members, programs appearing on AFTRA affiliated stations, and commercial spots produced by AFTRA signatories. Lila Prezioso presented the Lifetime Achievement Award to a Pittsburgh radio giant, Bob Roof, former General Manager of WDVE. 

AFTRA member and station programming winners were:

Best Afternoon Show on a Music Station:  “Kobe” - 93.7 - WBZZ

Best Station sponsored Community Event:  Skyblast - Star 100.7

Best Mid-Day Show on a News Talk, Personality or Sports Station: The Mike Pintek Show - KDKA

Best News Coverage: “Protests Hit Pittsburgh”  - KDKA

Best Public Service Campaign: “9/11 1st Anniversary/ Stars in our Backyard” – Star 100.7

Best Weekend Show: The Abridged Monty         -  Y108

Best Newscaster: Bob Kopler - KDKA

Best Commercial Spot by a Radio Station: “West Hills Nissan, the Best Of “ - WDVE

Best New Talent in the Market: “Kobe” on 93.7 WBZZ

Best Public Service Announcement: Amber Alert - Star 100.7

Best Sports Coverage Play-By-Play:  Pittsburgh Riverhounds - FOX Sports 970

Best On-Air Audience Promotion: Hot Moms Contest - WDVE

Best Afternoon Show on a News Talk, Personality or Sports Station: The Fred Honsberger  Show - KDKA

Best Individual Performance in a Radio Spot: “7-Eleven Sparky”  (featuring Bill Cameron)

Best Production/Creative Services Director: Brian Price – WDVE

Best Mid-Day Show on a Music Station: Melanie Taylor - 93.7 WBZZ

Best Evening Show on News Talk, Personality or Sports Station: “Sports Talk with Paul Alexander” - KDKA

Best Sports Reporter: Paul Alexander KDKA Afternoon News  - KDKA

Best Talk Show Host:: Fred Honsberger - KDKA

Best Evening Show on a Music Station:                 “I’ll Tuck You In” Tracey  Morgan - Y108

Best Sports Coverage Reporting: Steelers Replay - ESPN Radio 1250

Best Station Image Promo:  “Bogey Loves the Bucs”  - KDKA

Best Morning Show: Merkel and Dickson   - WWSW

Best Commercial Spot by an Agency: “Four Stages of Romance” (featuring Helena Ruoti) - Mullen Agency

        Pittsburgh AFTRA is proud to support the March of Dimes in the war against birth defects. AFTRAn Marc (Bubba - WBZZ) Snider’s twin daughters, born prematurely but now thriving, are living testimony to that work. The kids are what truly matter!

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AFTRA HOLIDAY SHOPPERS CAN SAVE HOURS AND DOLLARS - By Susan Chapek

Special web sites offer discounts, premiums, 24-hour stay-at-home shopping for union members

I admit it; I started my holiday shopping the day after Thanksgiving. But this year, that Friday didn't seem bleak or black! For the first time, I was using shopping benefits available to AFTRAns on the Web.

        AFTRA shopping benefits? Who knew?

        Union Plus, the same organization that makes group insurance rates available to AFTRAns who don't qualify for our own plan, has a web site offering holiday savings on popular items like Dell and IBM computers, handhelds, digital cameras, printers and more. I recommend a visit to their website at www.unionvoice.org.

        Keep your family comfy in body and conscience by giving them jeans and sweats from www.unionjeancompany.com and other stores at www.nosweatshop.com (which calls itself as the first shopping mall in the world where you can't find a stitch made in a sweatshop).

        Last year in Oregon, I discovered the book-lover's dream store: Powell's Books in Portland. It's so big they hand out maps at the door. Their huge selection of new, used, and rare books is as well organized as their workers (LWU Local 5). Your purchase at www.powellsunion.com delivers 10% of its total directly to employees as part of their profit-sharing program.

        Are holiday travels in store for you?  www.unionvoice.org offers savings of up to 25% on your car rental. The same site offers a 15% discount on fresh flowers to gift your hosts. 

        I hate bumper stickers, but I'm tempted by a dignified license plate frame proclaiming "Today's Unions: Our Voice at Work," only $2! This and dozens of other American-made stocking stuffers (Rosie the Riveter coasters; a DVD of Norma Rae; inspirational mugs and postcards) can be found at http://unionshop.aflcio.org/shop/.

        When you do venture into the crush of local shopping, remember to support local businesses like Giant Eagle, who provide fair wages and benefits to their Union employees. To check on the Union affiliation of a product or store, try www.paaflcio.org.

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CONTENTS

John Haer, Executive Director


President's Message
Executive Director's Report
Broadcast News
Freelance Matters
Broadcasters Can Be
    Freelancers, Too

Conservatory
AFTRA Sweeps AIR Awards
Holiday Shopping Tips


MEMBERSHIP MEETING
NOTICE


NEW SIGNATORIES

Commercials Code:

dDaniel Advertising Agency
Driscoll for Supreme Court
MCM Communications
Swingline Windows Inc.

Non-Broadcast Code:

Penn State University:
      College of Communications

Please Note:

Contract Employment Services (CES) is no longer an AFTRA Signatory/Paymaster. Other paymasters’ names are available in the  Local Office. Please call 412.281.6767 for information.