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MONDAY, MAY 23, 2005 VOLUME 40 NUMBER 1
PRESIDENT'S MESSAGE By Paul Martino

Non-Competes: Endangered Species?

Step by step, little by little, those nasty noncompete clauses that have handcuffed broadcasters for years may be headed the way of the teletype machine. Noncompete clauses, as I've written before, are boilerplate provisions in most broadcasters' contracts that restrict them from working for other stations. Sounds like a reasonable provision, doesn't it?

It's reasonable until you get fired or "not renewed" as they kindly put it. At that point a noncompete clause prohibits you from working at a station in the same market for up to a year. Your only choices are to move away to another market, or get a job bagging groceries for a year.

It's no joke. Here in Pittsburgh, former PCNC talk show host John McIntire couldn't reach a contract agreement. They let him go, now he couldn't work here for months.

Same thing happened to radio personality Gary Dickson. He and his station parted ways, but Gary's noncompete clause kept him off the air in Pittsburgh for quite a while.

AFTRA has been fighting non-compete clauses for years. We've had success in banning them in California, Nebraska, Arizona, Illinois, Maine, Massachusetts and Washington, D.C. So far they're still legal in Pennsylvania.

But just in the past few weeks - there are signs that give me reason to believe we may have a chance to get rid of non-compete. At one time it seemed all but impossible. But late last month a federal judge in Philadelphia released two disc jockeys from their noncompete clause.

And the real big news is that the Pennsylvania General Assembly may soon vote on a bill to ban non-compete for all broadcasters in the state. State Senator Jane Orie, a Republican from McCandless and Senator Sean Logan a Democrat from Monroeville are co-sponsors of the measure.

If non-competes are outlawed, and we hope they are, broadcast managers will be forced to pay us enough to keep us from looking at other offers across the street. And if they fire us, they won't be able to keep us from working elsewhere. As I'm writing, AFTRA-Pittsburgh and AFTRA-Philadelphia are on their way to Harrisburg to lobby for the non-compete ban.

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EXECUTIVE DIRECTOR'S REPORT By John Haer

AFTRA Works for Producers

It’s no secret: most employers (and many outside observers) don’t regard trade unions as partners in production. You know the tales. Unions are “too much money, too much paperwork, and too much trouble.” Unions are to be shunned. If you can’t avoid them, marginalize them. Keep them it arm’s length—they can mess things up.

In our industries—media and entertainment—anti-union myths, if not countered, lead to undesirable and unfortunate circumstances. As non-union work spreads, standards like performers’ wages, payment for use, benefits, and the quality of performance erode. Union employers (signatories) get pinched as costs outweigh quality in bidding for accounts. AFTRA job opportunities diminish. That’s why we need to fight these myths every day.

Most AFTRA members know these tales are an unfair characterization of their union, as well as a slap in the face of their legitimate hopes for fairness and a voice at work. Especially on the Freelance side, the tales are frustrating, because there more than anywhere else all parties involved in making a winning media piece have clear common interests. If cooperation and collaboration reign, everybody benefits. Consider the commercial. To make a good one, you need a good idea (ad agency), top technical execution (production studio), experienced and top-notch talent (us), and a capacity to find and tap the talent you need (talent and casting agents). A good commercial is a great investment because the client sells more products. “From a distance” (as in Nancy Griffith’s song) we’re all on the same side of the table. Here at Pittsburgh AFTRA, we’re re-dedicating our efforts to overcome the negative myths. We’re retooling to become more customer friendly. We’re trying to simplify the paperwork. We’re reaching out to our partners in Freelance production and showing why AFTRA works for, not against, employers.

That’s why three stories/announcements in this publication make me beam. Check them out:

We have a new regional commercials code. Producers can now get a discount from national rates for ads made in and played our five-state region (Lancaster to Indianapolis, Cleveland to Lexington).

Carnegie Mellon University and AFTRA have a new collaboration on two original made-for-PBS productions.

The Chill Factor producers and actors will proudly show their exciting new story at our AFTRA annual meeting on June 13.

No question, union/employer relations are a real challenge. In broadcast, with the stations, there’s still a gap to bridge. But in freelance, we’re proud we can show that AFTRA works for talent and for producers.

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BROADCAST NEWS By John Haer

Channel 11½?

The prospect of new, non-primary, digital channels is driving management proposals in contract talks with WPXI/PCNC that began in January. The station wants a lower scale for talent who will work mostly on these new channels.

AFTRA priorities are improvements in comp time, on-call, and vacation issues. Talks continue on a regular basis as the current agreement is extended. Members Dee Thompson, Rick, Earle, Alan Jennings, Andy Gastmeyer, Stu Brown, Karen Welles, and Becky Thompson are monitoring the sessions and helping shape union responses.

Not Good Enough

By a two-to-one margin, AFTRA members at KDKA-TV rejected a company “final offer” for a new pact to replace the current agreement. While the offer did include scale and H & R increases, most members felt the gains did not outweigh concerns about radio assignments, jurisdiction over on-air newspaper reporters, and comp time language. “We’re comfortable working under the old contract,” said one member, “and we’d rather keep talking to try to reach a better solution to these issues.” Negotiations will resume with a federal mediator next month. Local AFTRA President Paul Martino heads the member committee.

H&R Increases

Members at news/talk KDKA-AM are considering a deal to extend their current agreement until Fall of 2006 with increases in the station’s contributions to the AFTRA H & R Fund and the benefit cap. Mike Romigh, Barbara Boylan, and Mike Whitely head the member committee.

Good Sports at ESPN

Bargaining for a new contract at sports/talk WEAE Radio are moving along, with increased company H&R contributions an AFTRA priority. Station Rep. Joe Destio leads the member delegation.

Grievances & Arbitration

AFTRA resolved a vacation grievance at WPXI-TV. An arbitration hearing is slated later this summer on a severance issue at KDKA-TV. A grievance on cross-station assignment pay is pending at WWSW-FM.

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FREELANCE MATTERS By Susan Chapek

New AED: A Familiar Face

He served time as that most despised of performers–a mime. He once "pied" the face of a local VIP in the Rivers Club lounge–and it wasn't part of his blocking. With this kind of nerve, who better than Christopher Lacey to step into the role of defender and promoter of freelance union work in the Pittsburgh Local?



New AED Chris Lacey
Click for larger image.

The Local Board and John Haer are pleased to announce their choice of Chris Lacey as Pittsburgh's new Assistant Executive Director for Freelance Contracts. Chris emerged from an unusually large field of qualified applicants. Chris is a producer as well as a long-time actor member of AFTRA and the Screen Actor’s Guild (SAG). His rich history of media and entertainment experience includes positions as Executive Producer of Don Brockett Productions; owner and CEO of The Creative Force, a communications training and development company; Theater Arts Producer for Pitt/Greensburg; and Executive Director of the Johnstown Symphony Orchestra. He has appeared on nearly every Pittsburgh theater stage–often in Heinz Hall as narrator or soloist with the Pittsburgh Symphony. TV watchers will remember him as the juggling stock-boy for Giant Eagle, smiling gamely as he listens to the old "Fee, fie, fo, fum" jingle. And although Chris will no longer be eligible for SAG or AFTRA jobs, we won't force the Pennsylvania Lottery to pull that Christmas Carolers spot, for which Chris has been getting residuals since 1993.

Christopher had a guiding hand in a variety of important projects: coordinating the 2002 Memorial Service in Shanksville, PA for the families and friends of the heroes of Flight 93 and the rest of the world; Artistic Director for “The Regent Returns” event, a capital campaign kick-off for the renovation of the Regent Theater by East Liberty Development, Inc; securing foundation grants, volunteers, Consultants, and community support in the renovation of the Carnegie Public Library of Homestead; and writing and producing a fund-raising video for a host of clients including the Pittsburgh AIDS Task Force.

As of May 1, he took over a job whose wide-ranging duties and influence on Local and National AFTRA, and on the freelance business in Western Pennsylvania and Ohio, were expanded and vitalized by Chris' predecessor Suzanne Steidl. “Now Chris can focus his creative energy and business acumen on improving the work lives of AFTRA’s Freelance performers,” says AFTRA Executive Director John Haer. “He knows the business, the players, and the union, and he has the energy and enthusiasm to make a significant contribution to our goal of building the industry and raising standards for performers.”

But you want to know which famous face got that pie in the Rivers Club, don't you? It was Chris' last day of work there as a waiter, back in the eighties. The chefs celebrated his send-off with three key lime specials with extra whipped cream to his kisser. The cooks failed to provide the traditional seltzer to clean him off, so Chris groped his way through the Club towards the showers.

"Some guy sitting in one of the big comfy leather chairs pointed at me and let out a belly laugh that sounded like razor blades," Chris recalls. "Having quit, and no longer having to bow and scrape to the privileged class, I pulled a handful of pie off my face and flung it." Then he realized whose face he had just pied:–Don Brocket's. "That was a Friday. That Sunday I was to audition for him," Chris says. "The next Wednesday I was rehearsing with his company, and soon they introduced me into the market and fostered my career so I could join them in AFTRA. "I love pie."

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NATIONAL BOARD REPORT By Mark Roberts

Hedgpeth Named National Executive Director

In a 14-hour marathon videoconference meeting held on April 30th in New York and Los Angeles, the National Board of Directors of AFTRA named Kim Roberts Hedgpeth as the union’s National Executive Director. She had been serving as Acting National Executive Director since Greg Hessinger’s departure April 21 of this year.



Kim Roberts Hedgpeth
Click for larger image.

“It is an AFTRA trademark that we hire the best in our executive staff, and a particular point of pride that nationwide we enjoy such a rich pool of treasured talent like Kim to lead our union.” - AFTRA President John Connolly

Ms. Hedgpeth joined the AFTRA staff in 1981 and has served in a number of important executive positions within the union. From 1981-86, she was with the New York Local, first as a contract administrator, then as Assistant Executive Director/House Counsel, and later as the Local's Co-Executive Director. From 1987 to 1992, she served as Executive Director of AFTRA’s San Francisco Local and the Screen Actors Guild's San Francisco Branch. Ms. Hedgpeth joined AFTRA's National staff as Assistant National Executive Director, News and Broadcast in 1992, and was appointed by the AFTRA National Board to the post of Associate National Executive Director in 1997.

Ms. Hedgpeth was also named to the following posts: Trustee to the AFTRA Health & Retirement Funds, Trustee to the AFTRA Individual Account Plan (IAP), Trustee to the AFTRA-American Federation of Musicians (AFM) Intellectual Property Rights Distribution Fund, Board Member to the AFTRA Foundation, and Board Member and Secretary to the Alliance of Artists and Recording Companies.

The Board voted to approve the National budget for the fiscal year ending April 30, 2006. The National budget reflected the belt-tightening that all locals have been dealing with, and was decreased $1.4 million from the previous year. Pittsburgh's local budget was also approved as part of the process.

In other actions, the Board unanimously approved the recently negotiated Non-Broadcast/Industrial/ Educational (Non-Broadcast) Code. The new three-year pact, jointly negotiated with the Screen Actors Guild (SAG), will go into effect on May 1, 2005, and will expire on April 30, 2008. Highlights of the deal include:

  • 4% increase in rates halfway through the term of the agreement; and
  • An immediate increase in contribution rates to the Health & Retirement Funds.
  • The SAG National Board is expected to take similar action in early May.

    Following a report on the status of negotiations for a successor Interactive Media Agreement, the Board authorized a strike referendum ballot be sent to members who work on video games produced under the AFTRA Interactive Media Agreement asking them to affirm the recent strike authorization vote taken by the joint AFTRA/SAG Interactive Caucus. AFTRA and SAG recently held member caucuses in Los Angeles, New York, and San Francisco where AFTRA members voted 95% to 5% in favor of authorizing a strike in the event bargaining fails. Confirmation ballots are scheduled to go out on May 2 and are due back by 12:00 noon on May 12. The final decision to actually call a strike rests with the National Board or its designee. Negotiations are scheduled to resume May 9 and the parties hope to reach a deal before the current, thrice-extended contract expires on Friday, May 13.

    As part of AFTRA’s ongoing efforts to bring sharper focus to its operations and deploy its resources most effectively, the Board approved forwarding two proposed constitutional amendments to the National Convention, AFTRA’s highest governing body, scheduled to meet this summer, July 14-16, in Los Angeles. The first is a measure eliminating the requirement that the National headquarters be located in Manhattan. The second reduces the size of the National Board from its current 116 members to 73, plus elected officers. These two elements of an overall restructuring passed by the Board in July 2004 require approval by AFTRA’s National Convention in order to be implemented.

    The Board was also advised of a continuing initiative with The Newspaper Guild-Communications Workers of America (TNG-CWA) on behalf of journalists, which includes support of federal reporter shield laws, clear labeling of paid video news releases, prohibition on government payment for coverage of partisan initiatives, and a code of rights and responsibilities for work in the news media. The union’s Broadcast Steering Committee is working in conjunction with the Legislative and Public Affairs Committee on these projects.

    Other actions taken by the Board at the April 30th meeting:

  • A report on preparations for this summer’s biennial National Convention. Among the many guests scheduled to address the Convention is Commissioner Michael J. Copps of the Federal Communications Commission who will deliver the keynote address, Friday, July 15; and
  • A report on the AFTRA Health & Retirement Funds.
  • The AFTRA National Board will next meet in face-to-face plenary session in Los Angeles on July 11 and 12.

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    FREELANCE MATTERS, PART 2 By Chris Lacey

    Regional Code Debuts

    A new radio and TV commercials agreement covering the Pittsburgh, Cleveland and Tri-State locals is up and applicable. January 1, 2005 marked a new era in cooperation in the region. Now agencies and producers can use our talented members in spots beyond our Western Pennsylvania market to reach Ohio, West Virginia, Kentucky and Indiana. So get your marketing plans together to sell your talent on a regional basis.

    In place of their former diverse local codes, the three locals have developed unified “made-in, played-in” rates and are working to get the last few signatories to sign on. The CPT (Cleveland, Pittsburgh, Tri-state) Code has many features that will serve our current signatory agencies, clients, and producers very well. It also has attractive incentives to convert non-union work. We all know every producer needs AFTRA talent to give their clients the kind of slick professional spots we’re all proud to make here in Pittsburgh. We’re taking away every excuse they might have not to do just that.

    In a nutshell, the new code leans on the national code for verbiage and basic rights for members. More importantly it simplifies the usage fees; and, it offers more options for length of usage. Cable rates have been rolled into a percentage upgrade to overall usage further un-complicating rate calculations.

    I’m sure everyone will have a question or two (or four). Give us a call or stop by and pick-up the short version of the code. A short online version is available by clicking HERE.

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    LEGISLATIVE NEWS

    Bill to Ban Non-Competes Introduced
    AFTRA Lobbies for Passage

    State Senator Jane Orie , R-North Hills, last month introduced AFTRA’s model bill to ban non-compete clauses in employment contracts of broadcast employees. SB442, titled the “Broadcast Industry Free Market Act”, prohibits broadcast employers from requiring post employment covenants that bar their employees from working for any other station in the market for any period of time. Such non-compete clauses are the norm in the industry and often extend up to a year after employment, even if the employee is terminated or laid off.



    State Senator Jane Orie
    Click for larger image.

    In recent years, similar bans on non-competes in broadcasting have passed in seven states and the District of Columbia. California bans non-competes in all industries. One branch of Kentucky’s legislature passed a similar measure in February. Proposals have been introduced, but failed, in other states, including North Carolina, New Jersey, and Maryland.

    SB442 has been referred to the Senate Labor and Industry Committee. This month, AFTRA members and supporters from Pittsburgh and Philadelphia traveled to Harrisburg to meet with committee members about the bill.

    Longtime AFTRA member Alan Boal made the trip. “I was encouraged by our meeting with Committee Chair Senator Joe Scarnati (R-McKean County),” says Boal. “I believe he’ll move the bill for a vote in the near future and it has bi-partisan support.”

    Senate committee members from the Pittsburgh region include Democrats Jim Ferlo, Sean Logan, and Rich Kasunic. All support the bill and would appreciate hearing from AFTRA members. (See box at right.)

    Broadcast managers have already expressed their displeasure about the bill to Orie and no doubt will attempt to kill the bill.

    Click here for printable version of the bill.  

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    AFTRA AND CMU COLLABORATE By Crystal M. Manich

    OPO Signed for The Work of Fifty Men

    Carnegie Mellon University and AFTRA Pittsburgh have signed a one-production deal under the AFTRA/PBS Agreement for two half-hour television projects. The Work of Fifty Men by Lynne Kuemmel will be filmed at WQED studios and Something About Chance by Mary Unser will be shot on location in Pittsburgh. Gregory Lehane directs both pieces. The pieces will air on WQED.



    On the set of “The Work of Fifty Men” with actors Laurie Klatcher, Don Wadsworth, Andrew Gehling, and Demetrius Gross.
    Click for larger image.

    Milan Stitt, head of CMU School of Drama’s dramatic writing program, landed two grants from the Sloan Foundation, who fund projects based on science and technology. A blue ribbon panel chose four scripts out of ten written by MFA playwrights, then Sloan chose the top two. The panelists were Shirley Saldamarco, professor of television production at CMU; John Wells, a CMU alumnus who is the Executive Producer of ER, The West Wing and Third Watch; Susan Dansby, a CMU alumna who writes for As the World Turns; and Chris Fennimore, director of programming at WQED.

    Participants include twenty professional actors, some of whom are already AFTRA members. Barbara and Cletus Anderson, two drama faculty who have worked with Pittsburgh director George Romero, are designing the projects. Ed Linder of Linder’s Fine Furniture in McKees Rocks and Corporate Accommodations at the Waterfront have graciously donated resources for the shoot. Saldamarco smiles and says, “I’m always amazed at what you can get just because you ask.”

    Saldamarco aimed for a union production from the beginning. She looked at her budget, researched AFTRA rates and called John Haer, Executive Director of the local. Saldamarco is very satisfied with the collaboration. “AFTRA was fantastic. There’s a misconception that it’s a ‘them’ and ‘us’ kind of situation, and it absolutely is not. The union works hard to protect their members, but they also understand the guidelines that are put on me as a producer.”

    Saldamarco expects that the majority of CMU students involved in acting, technical work, and administration of the production may eventually join the variety of guilds and unions that are available for entertainment professionals. “This is an excellent opportunity for them to understand how [the union] works.”

    Saldamarco loves the collaboration and cooperation inherent in the project. She notes that Pittsburgh suffers from a lack of production that was once plentiful. “This project connects AFTRA and two major Pittsburgh entities : CMU and WQED. We fully expect to continue to acquire grants to do even more,” she explains. “I think this relationship works well for everybody. There’s no reason not to continue.” Haer says that CMU has self-interest in this relationship because of its mission to provide the best learning experience for its students. “It's great that faculty like Shirley embrace that mission and go the extra mile to make it real.”

    He points out that AFTRA members benefit by having more opportunity for union work and benefits. Also, student performers get a taste of work under union terms and conditions. Everybody gets at least minimum scale.

    “AFTRA is for all performers on recorded media--young and old, veterans and future stars,”

    In the summer of 2002, Crystal Manich was an intern at AFTRA Pittsburgh. She graduates this year from CMU’s Masters in Arts Management Program.

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    YESTERDAY, TODAY AND TOMORROW By Alan Boal

    Ed and Wendy King

    Ed King and his wife Wendy created a nightly radio program that was a Pittsburgh institution for almost 21 years. It was KDKA radio’s “Party Line”; a pioneer of the talk show concept. Because technology at the time did not allow callers to be heard on the air, they were heard only by the hosts, who masterfully summarized the listeners’ questions and comments. Subjects ranged from the latest fads and films to literary classics, world history and everything else under the sun.



    Ed and Wendy King
    Click for larger image.

    Ed devised clever quizzes for the listeners with the most popular one call the “Party Pretzel”. The mood of the program was warm and polite without the contentious outbursts and insults of today’s talk radio, but Ed and Wendy’s expertise created some really fascinating radio entertainment.

    Ed, a dedicated AFTRAn who served two terms as president and years on the board, was a guiding force in the local. He initiated the local’s highly successful awards dinners, which brought AFTRA members and management and agency people together socially. He also was a delegate to national conventions.

    A native of La Crosse, WI, King spent World War II in the Army Air Corps. One of his assignments led to his parachuting into Manchuria on a top-secret intelligence mission. After working in radio in Winston-Salem, NC and at Westinghouse’s WOWO, Fort Wayne, IN, in 1946 Ed moved to the company’s pioneer Pittsburgh station KDKA as a producer and writer. After going on the air with “Party Line” in 1951, he continued his writing duties, turning out documentaries and historical radio dramas which were transcribed for national syndication.

    Ed was a true intellectual and voracious reader with what seemed to be total recall of everything he ever read or saw. He was a history buff and had a terrific memory for dates, names, numbers and even sports statistics, yet he communicated his vast knowledge over the air in an unpretentious style, using everyday language that anyone could understand.

    His wife Wendy, a native of Ada, Ohio, became co-host of “Party Line” by accident. Ed had started out hosting the program alone, but one night Wendy accompanied him to the station. As she sat in the studio with him during the broadcast, he asked her to comment on some of the callers’ questions. Listeners liked her responses so much that she was made a permanent co-host. “Party Line” continued, as one of Pittsburgh’s most popular radio programs for close to 21 years, until Ed King’s untimely death in 1971 at the age of 50.

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    CONTENTS
    Cast of The Work of Fifty Men


    President's Message
    Executive Director's Report
    Broadcast News
    Freelance Matters
    National Board Report
    Regional Code Debuts
    Legislative News
    AFTRA and CMU
    Ed and Wendy King
    Annual Meeting Notice
    Talent Guide
    AFTRA/SAG Credit Union
    Ban Non-Competes
    Producers Directory


    ANNUAL
    MEETING NOTICE

    Click Image

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    TALENT GUIDE ONLINE



    Online Marketing — Still Free for Members!

    It doesn't matter whether you're Freelance or Broadcast, one thing is certain. You'll be changing jobs sometime in your future. Get your name and face and voice out there. Pay the $75.00 to $250.00 some sites charge, if you like, but try thetalentguide.com first.

    AFTRA Pittsburgh members in good standing are eligible for a FREE page on the Talent Guide site, but you MUST renew annually. If you haven't done so for 2005, do it now.


    Click HERE to enroll or re-enroll.


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    AFTRA SAG CREDIT UNION


    Pittsburgh Members Qualify

    New lower Visa rates (7.9%)
    New Online Mortgage Center
    Free Online Bill Pay

    Save money on loans and bank charges, and enjoy the other benefits of credit union membership. Join today!


    Click logo for details.


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    BAN NON-COMPETES IN BROADCASTING


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    PRODUCERS DIRECTORY


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