What's AFTRA done for me lately?

Money isn’t everything, and maybe you weren’t the beneficiary of the union victory examples we list below. Still, as you read on, never forget… stuff happens…but AFTRA’s in your corner.

Severance Denied, Won

Employer terminated a TV staffer for cause and denied notice and severance pay. AFTRA claimed employer had no cause, appealed the case to arbitration, and provided consultation and legal representation. Arbitrator upheld AFTRA’s claim. Employer paid $43,252 in notice and severance pay plus interest.

Supplemental Use Payments

Performers on a locally-produced TV program saw their shows excerpted on DVD’s for sale in stores. AFTRA filed a claim with Employer, reviewed contractual requirements, and helped secure supplemental payments totaling $10,500 for members. As sales grow, payments continue.

Health Premium Savings

When new health premiums went into effect, AFTRA commissioned a legal memo about IRS Section 125 regulations which permit payment of health care premiums with pre-tax earnings. AFTRA distributed the memo to stations under contract with a request for implementation of the IRS Plan. Result? Two major employers instituted the plan and AFTRA members there now save up to 30% of their premiums.

Reuse of Commercials

A member’s friend called to tell her that she was seen in a commercial running in Cleveland. “That was made a couple of years ago,” said the member, and called AFTRA. AFTRA intervened and secured reuse payments worth $885.

Denial of Severance and Vacation

A disk jockey was terminated and denied severance. AFTRA filed a grievance and negotiated with the station for a cash settlement. In the process, it was discovered that 3 unused vacation days had not been paid. Total of settlement plus vacation: $5,652.

New Use of Past Programs

An educational radio series was picked up for website use and (are you ready?) use in airport baggage area kiosks for children. AFTRA negotiated increases from the original rates and the 500+ shows are now expected to garner more than $50,000 for the member by year’s end.

Client Takes Over Ads, Must Pay Residuals

A local company decided to take possession of their commercials produced by a local signatory using local talent. For awhile, the transfer residuals weren’t paid. AFTRA intervened with a number of phone calls and letters. Result? Total paid to talent, including late fees: $5,211.87.

No Credit For Past Service

Upon review of the severance calculation of a terminated newsperson, AFTRA discovered the employer had not credited the member’s original service as a part-timer, as required by the contract. Member was paid an additional $1,302.

Payment, Not Promises

After months of promises to talent that reports and payments were forthcoming for “straight-to-DVD” work, the frustrated member called AFTRA. Union cut through the maneuvering and obfuscation of the employer. When firmly reminded of his obligation as a signatory, the employer finally made good. Member payment: $6,343.64.

Station Flips, Staff Entitled to Extra Payment

When the Radio station changed format overnight, most of the disk jockeys were let go. They got their severance, but one member whose show was replaced by outside, syndicated material was, according to the AFTRA contract, entitled to an additional week’s severance. When the Union reminded the station of this provision, the member received an additional $750.

H&R Communication/Appeals Facilitated

Suspensions for apparent non-payment of premiums; lost data and forms; mis-communication with customer service reps—these are all problems presented to the Local by members frustrated and worried about their AFTRA H&R Benefits. AFTRA Pittsburgh is proud to have served as advocate for members with such problems. With our mediation, members have been reinstated, claims have been reviewed and resolved, and new lines of communication were opened.

These are just a few examples of how your local works everyday to help you realize your fair share for your talent and hard work.

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The High Cost of Health Care

Participants in AFTRA’s Health Plan received a sober communication this month— notification of benefit and cost changes to go into effect next year (2007). No real surprises—premiums are scheduled to increase by 5% each year; income eligibility requirements will also advance incrementally; and prescription co-pays will go up, especially for brand name drugs where a generic equivalent is available.

Most bracing, however, is the creation of new benefit tiers starting in July, 2007, based on eligible AFTRA earnings. Participants who earn between $15,000 and $25,000 will be eligible only for a new individual catastrophic plan with a $2,500 annual deductible. Those who earn between $25,000 and $60,000 will be eligible only for individual or family coverage with 80% PPO in-network benefits. Those with earnings between $60,00 and $100,000 will continue the current individual or family plan PPO coverage with 90% in-network benefits. And the top tier of $100,000-plus earners will be eligible to buy up to a higher out-of-network benefit. Note: this is a quick summary of the major changes only. Read your Fund mailing for all the details.

To their credit, the Plan’s trustees are dealing in advance with the certainty of continued out-of-control health cost inflation. Even though Plan revenues actually exceeded expenses in 2005, the inexorable trends cannot be ignored. And, unlike the initiation of premiums in 2003, members will have more time to plan for the changes.

On balance, the AFTRA Plan remains competitive, if not better, than most company plans. Those who fondly recall the no-premium, small co-pay times only four years ago may find this hard to believe, but it’s true. (I can share with you the comparison sheets I have.) The fact is that almost all workers are paying more for health care and, in many cases, having a harder time getting the right care. Our nation has a health care and a health cost crisis, and AFTRA’s small Benefits Fund can’t begin to stem the tide.

There’s a lot of claptrap written about solving our health crisis—much of it promulgated by self-interested parties greedily mining that enormous pot of gold, now between 15% to 17% of our entire gross national product. Most of the admonitions about becoming a smarter health care consumer are baloney. It’s impossible to comparison shop. One can’t really know costs (try to figure your hospital bill) or measure quality. Our health decisions by and large remain driven by the advice of professional providers and our trust in them. And costs are mainly set by the vendors.

I strongly believe that access to quality, affordable health care is a national problem that has no “market” solution. We need sound public policy (basic health care for all is a collective national responsibility); the broadest possible insurance pool (all residents); national health budgets administrated by public entities (most health dollars are already tax revenues); and planning and regulation based on national care standards. Today, we are the only industrialized nation in the world without such a system.

That’s my rant. Meanwhile, I’ll pay my AFTRA health premiums with even more motivation to support political change for affordable and accessible basic health care for all.

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Marketing 101

Marketing is the one aspect of your business of which you can take complete control. It’s the part of show business woefully neglected by over 90% of actors. (Good news to those of you willing to take the initiative to get out there and get work.) Seasoned freelancers in Pittsburgh will tell you that you can’t rely upon your agent to get you enough work to make your mortgage. So here’s some tried & true methodology. Even if you know most of it, I bet you can learn a few new tricks.

First, your Local has prepared a list of (just about) all of the local producers, including addresses, phone numbers, contact persons, etc. We also have the lists of signatory employers in the Cleveland area (less than three hours away). In my performing life, two things got me to market to the Cleveland region. I had a series of commercials running long-term in Pittsburgh that were killing my face; and, I started to notice a bunch of talent from Cleveland at auditions. I suddenly realized that it was worth it to get up two hours early for shoots for a whole new set of clients. Plus, I was paid mileage and travel time.

But, no matter where you’re marketing yourself, be methodical. After all, it’s “Show Business” not “Show Art.”

A new member requested the lists for Pittsburgh and Cleveland. She also asked, “How do you suggest going about sending pics, resumes, etc. to these folks? Unless listed otherwise should they be sent via mail? This will be a new process for me…”

My response: “Yes & then some.” The best way to contact anyone is two-fold: 1) The way they prefer to be contacted and 2) Personally. Here's what I mean. After you've culled your marketing list to focus on the producers, agencies and production companies that are doing the kind of work you want to do, break it into manageable chunks that you could handle if everybody were to say yes. Ten or so leads per week is usually pretty manageable. Traditionally, you should send them a pic & resume along with a cover letter that says…

"Hi...blah blah blah...I'm interested in working with your company... blah blah...thank you for considering me for any upcoming productions...blah...I'll be calling in a week to schedule an interview...blah blah blah...Sincerely,..." Send this by ‘snail-mail’ and then call the following week. Ask to schedule a personal meeting. Sounds simple huh? It's harder for people to say 'no' to a person than an email. (But sometimes they do say no.) After scheduling an appointment, by all means show your thoroughness by confirming the night before by email. You see, contacting people by email, while convenient, can be just Spam these days. Who opens an attachment on an unsolicited email anymore?

Do you have the kind of computer skills to send an online presentation that would impress an advertising exec.? Few do, and they’re most likely working in the graphics dept. in an ad agency.

Stick to tradition & add some flare. “What flare?” You might ask. This is where you use your creativity to stand out from the rest. I had a plethora of tricks up my sleeve when I made my rounds. But the ones that work the best are uniquely yours. A good example: A guy named Charlie Welch. Remember him? He was the old guy with a New England accent who did the Pepperidge Farms commercials. When he made his rounds he'd hand out a pic & resume along with a miniature bottle of Welch's Grape juice. He’d say, “The name’s Welch. Just like the juice. Just so you’ll remembah.” Cute? Very memorable at least.

Finally, say little & listen with an interested smile on your face no matter what they say. If you say little & listen, three things usually occur. 1) You don't give them a reason to say 'no'. Most producers see so many talents that they look for reasons to eliminate, rather than add. 2) Many producers will assume the best and project quality when not given a reason to say 'no'. (See #1) 3) By listening, you might get a hint at what makes them tick. Once I was at a production company that made training films. They never used me. I was dropping off a pic & resume for the third or fourth time when I heard the producer talking to an editor about trout season. I stopped by the Thursday before the season opened (about two weeks later) with a fly lure on my lapel. When I dropped my pic & resume off I put the lure through the corner & wrote 'good luck this weekend' on my pic. I did training films for corporations two or three times a month for that production company for the next three years. All because I gave the guy a fly lure that cost me less than a buck. He thought of fishing every time he pulled out my pic .

Here’s how my “manageable chunk” schedule breaks down. Send out ten packets the first week. Then send ten more the second week and follow-up with phone calls to week one’s packets. Then send more ten the third week, follow-up with phone calls to week two’s and take the meetings you could garner from week one. Once you get your mailing and calling process down you should spend about ten hours per week marketing yourself including interviews. In less than a year you’ll be working the rest of the week.--that’s if you combine this with effective networking.

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Tentative Agreement at Channel 11

After a long year of bargaining, members are now voting on a hard-won contract at WPXI-TV. The new pact features breakthroughs in comp time and vacation scheduling language, as well as new annual fees for appearances on the “Channel 11 on Fox 53” news. Congratulations to the diligent member committee: Dee Thompson, Rick Earle, Alan Jennings, and Becky Thompson.

Steeler Case Arbitration Proceeds

AFTRA and KDKA-TV/CBS Broadcasting are in process of choosing a neutral arbitrator to decide the AFTRA claim for over $10,000 in H&R remittances for special extended appearances on the Station by Steeler players during the football season. (See last issue of Newsbriefs.) The arbitrator chosen initially declined due to health reasons.

Flash: NLRB Upholds AFTRA’s Unfair Charge

The National Labor Relations Board Region 6 has sustained AFTRA’s charge of Unfair Labor Practices against Radio Stations WDSY, WRKZ, and WZPT (CBS Radio,Inc.). Pending approval of the agency Board in Washington, the NLRB will issue an order that the stations must rescind any language in individual employment agreements with AFTRA members that requires the member to voice track programs. AFTRA claimed the Company’s demands in individual bargaining undermined the collective bargaining process. For more than three years, the company has insisted on unfettered rights to assign voice tracking duties without additional compensation. Negotiations remain stalemated. “This is a huge victory for AFTRA”, says union station rep Stoney Richards. “ Jobs and fairness and the rights of talent for some control over their work product are at stake.”

Talks Begin

Negotiations for new agreements at WICU-TV in Erie and also at WAMO Radio in Pittsburgh began last month. At both locations, members are seeking fair wage increases and employer approval for payment of health premiums through payroll deduction using pre-tax dollars.

New Station Reps

Welcome to new station representatives Brian Cook and Laurence Gaines from Sheridan Broadcasting Network. Also, Rick Earle has stepped up to assist Dee Thompson at WPXI-TV, and Lakiesha Brown (KeeKee) will assist Anji Corley at WAMO.

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Actions to Raise Standards Highlight AFTRA Board Meeting

NEW YORK and LOS ANGELES (May 1, 2006) — Meeting by videoconference at its Los Angeles and New York offices this weekend, the American Federation of Television and Radio Artists (AFTRA) National Board of Directors took steps to further its commitment to provide a strong voice for performers, broadcasters, and recording artists to improve standards in the entertainment and media industries.

The Board reaffirmed its participation in the AFL-CIO Arts, Entertainment, and Media Industry Coordinating Committee by formally adopting a set of principles for the operation of the new committee that will bring together unions to develop joint organizing and collective bargaining plans.

AFTRA National President John Connolly, presiding from New York, said, “This is a tremendous opportunity to build a forum for greater understanding among labor unions and work together to improve standards for all workers in the arts, media, and entertainment industries. AFTRA is excited to be an active participant in this coordinating committee of 11 labor unions.”

Following a report from AFTRA National Executive Director Kim R. Hedgpeth, the Board approved an agreement to extend the contract with recording labels by one year to June 30, 2007. The extension of the AFTRA Sound Recordings Code provides increases in wages and benefits for session singers. Tentative plans are for talks to begin later in 2006 to allow sufficient time to work through contract issues including wages, benefits, and the impact of new technology on the recording and music video industries.

“This extension gives AFTRA royalty and feature artists, session singers, and audio book narrators the opportunity to make sure their voices are heard by the recording labels as a new Code is negotiated in a complex environment,” said Randall Himes, who was appointed AFTRA National Assistant Executive Director for Sound Recordings in November 2005.

In other action, the Board:

Established a Regional Organizing Working Group to research commercial, non- broadcast, and other local productions in all regions in the country and develop comprehensive organizing plans. One key committee member is Mark Roberts.

Approved the formation of a Spanish Language Working Group to develop and coordinate strategies for organizing Spanish Language entertainment, media, and recordings.

Approved guidelines for contracts covering content made directly for electronic platforms, such as iPods, Internet, mobile phones, and other devices, which are not already covered under existing AFTRA Codes and Contracts.

Adopted a combined budget for the National and Local Unions of almost $26 million for the fiscal year beginning May 1, 2006. The budget marks the first year that AFTRA utilizes a combined accounting system for the National and Local Unions.

Unanimously adopted a resolution condemning proposals by the Bush administration, as described in a report from Sunday's New York Times, to criminally prosecute reporters under espionage laws in an attempt to prevent leaks of information by government sources.

Reaffirmed the current process to explore a joint study of compensation models for performers in radio and television commercials … Any final recommendations regarding the study and any extension of the current AFTRA and SAG Commercials Contracts must be jointly reported to the AFTRA and SAG Boards for approval.

Board members received a series of reports on major contract areas such as news and broadcast, sound recordings, and interactive media, as well as an update on TV pilots produced under AFTRA contracts in 2006 and the more than 200 basic cable productions produced under AFTRA contracts during the past 18 months

The National Board also received a report from Shelby Scott, Trustee of the AFTRA Health and Retirement Funds (and former AFTRA National President), that highlighted significant gains in AFTRA's separate industry-union retirement fund, which was recently ranked among the leaders of pension plans of its size.

This meeting marked the last gathering of the AFTRA National Board under its current structure. As a result of a constitutional amendment passed at its 2005 Convention, the size of the AFTRA National Board was streamlined from 116 members to 70. The new National Board will meet in face-to-face plenary session on July 28 and 29.

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