SAG-AFTRA New Englander THE OFFICIAL NEWSLETTER OF SAG-AFTRA NEW ENGLAND
A Letter from the President
20 Park Plaza
Hello fellow members of SAG-AFTRA! My name is Michele Proude, and I will be serving as president of the SAG-AFTRA New England Local for the next two years.
Suite 822 Boston, MA 02116
Over these past 11 years, I have had the opportunity to serve on a number of local and national committees, the most recent of which was as a “bench alternate” representing the mid-sized locals for the 2013 commercials contracts negotiations.
617-262-8001 newengland@sagaftra.org
November 2013
Though my work personally has been as a freelance actor, over the past year and a half I have had the opportunity as a part of the merged board to meet and work with a number of our broadcast members. Many of the issues both broadcasters and freelance actors face revolve around being paid fairly for requirements of the job, health and safety at the workplace and the growing pressure by employers to hire cheaper non-union employees. By combining our forces in one union, we have a stronger voice in dealing with our employers. Over the next two years, it is my goal to breathe new life into programs such as the conservatory and (hopefully) BookPALS. But there is always opportunity to explore new ideas, and I encourage anyone who is feeling inspired to bring those ideas forward. I can be reached by emailing newengland@sagaftra.org, subject line: ATT: PRESIDENT or by calling the office at 617-262-8001. Michele Proude
Inside: Who’s in the Office
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Audition Critique
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Legislative Update
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Agency Pro
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Pre-union Performers
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Clearing up Myths
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Production Update
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Personal Service Contracts 11 Member News
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Global Rule One
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Contract News
14
Actors’ Corner
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A Letter from the Executive Director Dear New England Member, I am very happy to welcome you to our local’s first newsletter since my arrival six months ago as the local’s new executive director. I was fortunate to meet many of you at our Annual Membership Meeting on April 1, and thank you for your kind welcome to Boston, a place with which I have quickly fallen in love. I have discovered an amazing group of talented members working hard in New England to support each other in work from broadcast to film, and commercials to corporate/educational productions. Led by a committed volunteer local board, the New England Local is growing into its merged identity. Although we may experience some growing pains on occasion, the opportunities brought about by our having joined together as one union far eclipse the bumps in the road. I am honored to be a part of such an intelligent and creative community. As we begin our first term with a new post-merger board, I encourage each of you to become involved in your union in any capacity you can, from responding to a survey to serving on a committee. I look forward to getting to know you all as I continue to learn this fascinating industry. Susan Nelson
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Headshots courtesy of Don Warnock
Who’s in the Office? Susan Gorvine Nelson Executive Director susan.nelson@sagaftra.org
Susan joined SAG-AFTRA in March of 2013 as the executive director for the New England Local. A graduate of Connecticut College and the University of Connecticut School of Law, Susan has been a labor and employment lawyer for more than 25 years, most recently as counsel for the Connecticut State Employees Association, Service Employees International Union Local 2001. She also brings experience in public and nonprofit administration, human resources, regulatory compliance, grants and contracts. She now lives in Boston with her 17-year-old daughter, Rebecca, and they love the city. She also enjoys playing the piano, painting, writing, hanging out with her 3-year-old grandson in Connecticut and enjoying the company of other creative people.
Tom Higgins National Director News & Broadcast tom.higgins@sagaftra.org Tom has served the New England Local in the capacity of broadcast director, assistant executive director and executive director. For the past 13 years, he has led station contract negotiations at the 14 New England stations administered by the New England Local. Prior to starting at AFTRA Boston as broadcast director in 2000, Tom worked for five years as a staff coordinator at the Service Employees International Union Local 285, where he developed and implemented bargaining campaigns and a servicing program for approximately 5,000 mental health, nursing home and public sector employees. Before that, he worked for SEIU Local 285 as a union representative negotiating contracts, organizing and mobilizing members and preparing and filing arbitration cases and National Labor Relations Board charges. Tom has also worked as a union organizer for the New England Health Care Employees Union District 1199, and as a quartermaster, second class petty officer for the U.S. Coast Guard in the early-to-mid-1980s. He holds a Bachelor of Arts degree in political science from the University of Massachusetts, Amherst.
Jessica Maher Manager, Freelance Contracts and Member Services jessica.maher@sagaftra.org In 1996, Jessica started at AFTRA/SAG as an intern while a student at Northeastern University. She moved up to freelance contract administrator before leaving to work as the unit manager for NOVA at WGBH. After taking time to start her family, she eagerly returned to SAG-AFTRA in 2008. Currently, as manager of freelance contracts and member services, she oversees all freelance contracts, including film, television, commercials and corporate/educational and nonbroadcast. Originally from Iowa, she lives in Quincy with her husband and three sons. When not in the car shuffling her boys to activities, she enjoys spending time at the beach, reading, cooking and watching hockey.
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Who’s in the Office Benjamin Winthrop National Organizer benjamin.winthrop@sagaftra.org Benjamin joined SAG-AFTRA’s national staff in May 2012 as an organizer assigned to the New England Local. Benjamin previously spent 10 years organizing low-income communities in Florida and worked as an organizer with the American Federation of Teachers, SEIU, and other associations. Originally from Salem, Mass., Ben enjoys studying local history, adding to his extensive library, craft beers, fine foods, live music and spending time on the beach with his 17-year-old beagle Janis and his 13-year-old son Isaac.
Jalika Conteh Administrative Assistant jalika.conteh@sagaftra.org Jalika joined SAG-AFTRA in June 2013. Florida-born and Virginia-raised, her voice is the first you’ll hear when you call the office. Jalika handles the phones and cast clearances and provides administrative support for the local. She holds a bachelor’s degree in communication studies with a burgeoning interest in music and pop culture. She moved to Boston in 2010 and attended Emerson College’s Integrated Marketing Communications graduate program. Jalika enjoys analyzing music marketing strategies, watching movies and Scandal, writing and cooking. Sara Borger Northeastern University Co-op sara.borger@sagaftra.org Sara joined SAG-AFTRA in January 2013 as a co-op intern from Northeastern University. After working in the New England Local full-time for six months, she resumed classes and now works part time. Sara provides administrative support, doing various tasks including payroll reports, Taft-Hartley reports and cast clearances. Originally from Connecticut, she moved to Boston in 2011 to study at Northeastern, where she is currently pursuing a Bachelor of Arts in business administration and a minor in media and screen studies. She will graduate in May 2015. Sara enjoys traveling, reading, cooking and watching movies.
Who’s Arriving in the Office Robert Morisseau Business Representative robert.morisseau@sagaftra.org Robert joins the staff soon as the new freelance contracts business representative for the New England Local. He will initially be working with commercials and co-ed contracts, but will also cross over into TV/theatrical and set enforcement. Robert hails from Rhode Island and is a graduate of Syracuse University and New England Law. He knew Boston was in his future when he scored tickets to World Series game two and learned that he had passed the Massachusetts bar exam on the same day! He also enjoys boxing and looks forward to moving into the city.
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Audition Critique with Ann Baker By Russ Gannon
As actors, we are always looking for ways to improve our skills and work on our craft. Whether it is a class, a workshop or an informal gettogether, good actors recognize an opportunity to improve their skills and take advantage of it. One of those opportunities takes place right here in the SAG-AFTRA office: the Ann Baker Audition Critique.
Everyone gets 15 minutes, just the two of us at the SAG-AFTRA office.” So far, the response from membership has been positive. “Upon meeting Ann,” said member Hannah Yun, “I found myself in a comfortable, nonstressful environment in which I could perform and learn. Ms. Baker provided direct and honest feedback, which I personally find more helpful than simply hearing something is ‘good.’“ Yun added that the “entire experience was a great learning opportunity and I am very thankful that Ann set aside an entire day to teach and critique local actors individually.”
Many of you may know Ann from Boston Casting, but she is a seasoned casting director in her own right. In 1980, she founded Ann Baker Casting and has served as casting director for several series and movies. She has also cast commercials, both locally and nationally, as well as industrials.
Keep an eye out for an eblast announcement about the next If there were one piece of advice you could
Asked how she became involved in the SAG-AFTRA Audition Critique, Baker says, “I was noticing that there were a lot of new people in SAG-AFTRA. And I was wondering how prepared they were in auditions for commercial, industrial, film and TV. Also, staff had mentioned that SAG-AFTRA members felt they were stereotyped and not being called in for things they thought they were right for. So remembering what I did when I was Ann Baker Casting, I suggested I audition all the actors that wanted to be seen, and staff accepted my offer.
Audition Critique with Ann Baker!
I look at their monologues, give them cold copy, go over their headshots and resumes and make suggestions.
pass along to actors, what would it be? “I am afraid to say this, but always have your headshots with you! A business card is handy if you’re at a party or some social event. Headshots tell me things I need to know about you. You never know when you will need them. The other thing is this: If you have not been on camera, in an audition, or a job, or in classes for a few months, you are rusty! And when you come to audition it shows.” Ann Baker
Flipping Conservatory By Paul Horn Moderated by previous New England Local Co-President Paul Horn and current president Michele Proude, the SAG-AFTRA New England Conservatory event Flipping the Job Union drew a standing-room-only crowd.
tips for engaging non-union producers in productive discussions about working under a union contract. “Often it’s not about the amount of money involved, though non-union rates are generally lower with none of the benefits or protections our contracts provide,” said Horn. “Often you find that the producer has some preconceived and mistaken notions or some vague anxiety about working with the union, especially if it’s their first time.
The conservatory offered lots of information, with the help of Manager of Freelance Contracts Jessica Maher. The focus was on the corporate/educational and non-broadcast (Co/Ed) contract and included practical
Continues on page 5
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Summary of 2013 SAG-AFTRA Commercials and Radio Recorded Commercials The new 2013 SAG-AFTRA Commercials Contract and 2013 SAG-AFTRA Radio Recorded Commercials Contract went into effect April 1, 2013, and remain in force until June 30, 2016.
Here are some of the highlights of the new contracts. For more in-depth understanding of the changes please visit: SAGAFTRA.org.
In addition to the increases, the number of days before hitting the maximum was reduced from 30 days to 25. The formula is now the same for principals and extras.
Rates
Per Diem
Increase wages for performers by 6 percent
Principals On-Camera: $627.75 Off-Camera: $472.00 Radio Session plus 13 weeks of use in Boston (6 units): $299.10
Background performer unlimited use: $342.40
Hand model: $522.45
Per diem rates increase as follows:
Breakfast: $10.95 increased to $15
Lunch: $16.40 increased to $25
Dinner: $30.25 increased to $40
Per diem travel has increased from $71 to $80
Summaries of the provisions for the 2013 commercials contracts may be viewed at: SAGAFTRA.org or call the office for updated rate sheets.
Pension and Health Plans
Extra Performers: Liquidated damages for late payment has increased from $2.50 to $3.60, with an increase in the maximum to $90.
Pension and Health contributions increase from 15.5 percent to 16.8 percent Liquidated Damages for Late Payment
Principal Performers: Liquidated damages for late payment has increased from $3 to $3.60, with an increase in the maximum to $90.
Flipping Conservatory continued from page 4
Some even think they have to hire a union crew. You need to do a little ‘hand-holding.’ That’s where a call to the office will help.”
panies handle the vast bulk of union contracts for Co/Ed
For Co/Ed contracts, other key sources of assistance are
of these companies to get exact pricing information and
“signatory paymasters.” These are the payroll companies
to put them in touch with my client,” said Horn.
work in our area. “After I’ve explained my relationshipthat they do my billing — my first call is generally to one
that are signed to the Co/Ed contract and act as intermediaries, simplifying the paperwork for the producer.
If you missed the conservatory and would like to get a
Joining the conservatory were representatives of two
copy of the handout materials, please call Ben Winthrop
local paymasters: Joan Debow, representing ArtPayoll
at 617-262-8001.
(artpayroll.com) and Joseph Maiella with Media Services, Inc. (media-services.com). Between them, the two com5
Production and Legislative Update By Bill Mootos This year is shaping up to be a good one for local film
Connecticut has made some revisions to its Production Tax
production. The first half of the year brought us the films
Credit, though its infrastructure incentive remains intact.
American Hustle, Sins of the Preacher (formerly known as
The state has instituted a two-year suspension on feature
The Minister’s Wife), God Only Knows, Off Season, The
film as an eligible production type for the Film and Digital
Judge, The Equalizer, Infinitely Polar Bear, A Bet’s a Bet
Media Production Tax Credit. TV productions are still eligi-
and the television pilot The Hatfields & McCoys. Current
ble for the credit, and any film that had submitted an eligi-
projects in production include Catatonk Blues (filming in
bility application and received a certificate of eligibility
Maine), Olive Kitteridge (TV miniseries), Basic Math, The
before July 1, 2013 will still be eligible.
Forger, Business Trip, Seclusion Theory and Animal The state of Maine has a Visual Media Incentive plan that
(filming in Connecticut).
includes a wage tax rebate equal to 10 percent of out-ofFilms from 2012 that have had recent or upcoming
state residents’ wages and 12 percent of Maine residents’
releases include Labor Day; The Way, Way Back; Grown
wages on qualified productions, and an income tax offset
Ups 2; The Heat; RIPD; Captain Phillips; and the made-for
for companies investing in Maine productions. There is a
-television movies Clear History and The Makeover. Great
separate 5-percent credit on in-state expenditures. The cap
to see so much local talent on the big and small screens!
on production wages is $50,000 per person, and produc-
Film-Friendly Legislation
tions spending in excess of $75,000 in the state qualify.
On the legislative front, New England continued to offer
New Hampshire and Vermont currently do not have film
attractive incentives to filmmakers, and it is encouraging
tax incentives, but both have film commissions. Vermont’s
that the Massachusetts Production Incentive is still in
Film and Media Coalition tried to pass legislation for tax
place and remains one of the most competitive in the
incentives in 2009, but was not successful. The New Hamp-
country. Filmmakers shooting at least half of their
shire Production Coalition recently proposed a bill for pro-
project or spending at least half of their production
duction credits, where any production spending at least
budget in Massachusetts are eligible for a transferable or
$50,000 on payroll in New Hampshire would be eligible for
refundable tax credit equal to 25 cents for every new
a 25-percent credit (excluding salaries above $2 million) on
dollar of spending brought to the state. Films, TV shows
all New Hampshire production costs (and non-New Hamp-
and commercials are eligible for the credit.
shire costs if the New Hampshire expenses exceeded 50
Rhode Island offers a 25-percent transferable tax credit
percent of production expenses or if at least half the
for all production-related expenses, and a non-
filming took place in the state), with no cap applied to the
transferable investor tax credit for Rhode Island resi-
credit. The bill was retained for study and the New
dents who invest in projects filmed primarily in the state.
Hampshire Production Coalition continues to work with the
Films, TV shows, commercials and video games are
legislation to enact an incentive program.
eligible for the credit. There is a $15 million annual cap
The union continues to monitor the New England states’ film tax credits and will alert members when action is needed.
on the total credits available.
In Memoriam Leif W Jensen Jeremy Geites Bob Jolly
David Wheeler William John Ball Dave Maynard 6
Richard Italiano Jr. Brian Garnett David MacNeill
AgencyPro Five Things You Need to Know By Stephen Kyle AgencyPro is a national company, based in Pennsylvania, for industry professionals looking to hire actors, models, singers, musicians, dancers and other performers. AgencyPro lets those performers create an online resume, eliminating the need to constantly update and mail paper resumes and headshots.
choosing “confirm” only confirms your availability to be hired. It is not verification that you’ve been hired. 3. How do you compete with thousands of others? Keep your AgencyPro profile up to date. Any time you get a role, learn a new skill, or take a class, add it to your AgencyPro resume. Check that the information you have listed is correct. Do you still have a 1995 Honda Accord? Is your age range still 25 to 35? Get in the habit of updating your AgencyPro information on a regular basis.
Here are five things you need to know about this popular casting tool: 1. Despite the notices urging you to do so, you do not need to upgrade and pay for the expanded or “active” version of AgencyPro to get auditions or be hired.
4. Make sure you can be reached easily. Not only should you list your email and phone numbers, but indicate if you’d like to receive text messages.
Performers who use the free version are auditioned and hired at the same levels as those that pay for the “active” service. In fact, when a casting company runs a search in AgencyPro, the returned list of performers shows no differences between actors who are active and those who are not.
5. AgencyPro is not run by the local casting company or agency that uses it. It is independently operated, and each company that uses AgencyPro has a different database. This means if you want to be listed with Boston Casting and ImageMakers (a print agency), you have to be in their individual AgencyPro databases.
The “active” version, at $10 a month, adds extra features to your personal page such as the ability to include multiple pictures and video and audio clips, which can be accessed and viewed by casting directors and other users of the database.
Our thanks to Lisa Lobel at Boston Casting for help with this article. **Please Note: Services are administered by entities independent of SAG-AFTRA. Questions must be handled by the providers. SAG-AFTRA does not endorse this service.
4. When you’re in an AgencyPro event listing,
Goodbye Dona Sommers Production Coalition that spearheaded the film tax incentive, Dona also won the respect and admiration of national AFTRA and SAG staff, playing an influential role in the national policies of both unions as well as the SAG-AFTRA merger.
It is time to say our final goodbyes to Dona Sommers, current special projects consultant and former local executive director of AFTRA and SAG. Dona originally retired from the executive director position in 2011 after 21 years of service to the combined unions. She graciously stayed on in a consulting capacity through the early fall of 2013.
Dona has expressed her deep thanks to the leadership and staff for their support and the opportunity she has had to serve the New England membership, broadcasters and freelancers alike.
While working tirelessly to bring new opportunities to our region, particularly as a key member of the Massachusetts
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New England Local Holds ‘PUPs’ informational meeting By Stephen Kyle
In mid-July, the New England Local hosted a meeting for pre-union performers (PUPs) to discuss details of SAG-AFTRA membership so that individuals would have sufficient (and correct) information if they were to decide to join. Of the 143 PUPs who indicated interest, about 40 did attend — a good percentage, especially given that it was a rainy night.
and that there was no union versus non-union mentality. This led to a very frank and informative questionand-answer dialogue, with issues ranging from set safety to laws regarding payment for agents.
The very diverse panel of members discussed their personal reasons for having joined. They emphasized that reasons and factors for joining vary from person to person, and that it was therefore impossible to tell non-union performers whether it was or was not right for them to join.
Fifty percent indicated difficulty in being paid in a timely manner.
A post-meeting survey gathered feedback from 25 attendees. As might be expected, the two top concerns were finding work and finding principal work. The other two highest concerns:
Twenty-nine percent indicated that they had not been paid for work performed, despite a previous understanding that it was paid work. In the following month, about 12 people joined the New England Local as new members — with about half being as a result of either attending the PUPs meeting or receiving information conveyed by others who attended. The board’s Organizing Committee plans to hold another session in the late fall and three or four times a year, or as interest dictates.
The non-union attendees seemed to appreciate the fact that no one was there to “sell” them on membership, and that the event was mainly to convey information and answer questions. What they responded to in particular was the atmosphere conveyed by the panel that “we are all in this together,”
The Next Pre-Union Performers Meeting Do you know non-union actors who have questions about the union or who you feel could use a little education on what SAGAFTRA and being a member means? Then invite them to this free informational Pre-Union Performers meeting! When: Dec. 10, 6:30-8:30 p.m. Where: Lyric Stage 140 Clarendon St. Boston, Mass. This is an opportunity for non-union performers to ask experienced SAG-AFTRA members and staff about everything and anything about the union. It is also an opportunity for them to talk about some of the problems they may be facing on set and learn how similar situations are addressed under SAG-AFTRA contracts. We are asking members to spread the word about this event to nonunion performers you think may be interested. Space is limited and RSVPs are necessary. Please email comments, questions and RSVPs to Ben Winthrop, SAG-AFTRA Organizer at benjamin.winthrop@sagaftra.org.
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TV/THEATRICAL – Clearing Up the Myths By Jessica Maher
MYTH: The wardrobe department supplied my two wardrobes for the background work I am doing today and I changed into those outfits three different times. That should be three wardrobe change fees.
24-hour Safety Hotline can be reached during off-hours at 323-954-1600. MYTH: I have been asked to travel from my home in Gloucester, Mass., to a set in Springfield, Mass., for background work. That is almost 250 miles round trip and I will get paid mileage for that travel. FACT: All background work in the New England Local is based on the “report to” location and no travel time or expenses are paid for background performers. The performer’s home base and distance to the set is irrelevant. In this situation, the background actor would not be entitled to any travel expenses. It is well within the background actor’s right to turn down work where the cost of getting to set outweighs the day’s wages.
FACT: In this specific instance, no wardrobe payment is due to the background actor. The producer may require a background actor to report in specified wardrobe without an extra payment. If the producer requires or requests the actor to bring additional complete changes of wardrobe, the background actor is due $9 per day for the first change and $6.25 for each additional change. The payment is due for each wardrobe requested, whether used or not. It is not paid for each time the background actor changes into or out of the requested wardrobe. This fee is also not paid when the wardrobe is supplied by the producer.
MYTH: I am a day performer and have been asked to come in for a table read prior to my work date. I should do it without pay as a help to the producer. FACT: The reading of lines, acting, singing or dancing in preparation for the performer’s performance in the presence or under the supervision of a representative of the producer constitutes a rehearsal. Rehearsals are work time and should be paid as such. Rehearsals do not start consecutive employment (however, consecutive employment does apply within the rehearsal period).
MYTH: I had a background call time of 5 a.m. and was given an NDB at 7:30 am. This is accurate.
MYTH: I am a weekly player and have been asked to come in prior to my work date for publicity stills. I should be paid for this and it starts my consecutive employment.
FACT: A non-deductible breakfast (NDB) can only be given within the first two hours of your call time. The NDB in the situation above could not be credited as such on your voucher.
FACT: If the producer requests the services of a weekly freelance performer to make publicity stills either before or after their employment, the performer will render the services for one day without compensation. Publicity stills do not start consecutive days of employment.
MYTH: There is no water in the holding area. The first step is to call the union office to report the situation. FACT: While the union office will gladly take your call and help with any situation, the best and easiest way to handle this is to first have a respectful conversation with the background PA and let them know there is no water. If the PA does not appropriately address this in a timely manner, you can then speak to the 2nd assistant director. Often, the crew does not know that there is an issue and will gladly address it when notified. Production teams would like the opportunity to rectify issues before they hear from the union office. An AD on a recent shoot noted, “How are we supposed to work with performers on issues if we are not informed of them when we are actually able to do something about it?”
Questions about the TV/ Theatrical Agreement can be directed to Jessica Maher at jessica.maher@sagaftra.org
If the conversations are not respectful or if the situation is untenable, please call the local office at 617-2628001. Always call the office when safety is a concern. The 9
Local Production Information By Jessica Maher As of the date this newsletter went to print
Production: Olive Kitteridge, four-hour miniseries Producers: HBO, Playtone Contract: SAG Television Shoot Locations(s): North Shore and Greater Boston Shooting Date(s): September to November 2013 Principal Casting: CP Casting Background Casting: Billy Dowd, billydowdcasting@gmail.com Background Payroll: EMS
Production: Business Trip Producers: Allied Films Director: Ken Scott Contract: SAG Theatrical Shoot Location(s): Greater Boston Shooting Date(s): Fall 2013 Principal Casting: Boston Casting Background Casting: Boston Casting Background Payroll: TBD
Production: Basic Math Producers: SONY/Columbia Director: Jake Kasden Contract: SAG Theatrical Shoot Location(s): Greater Boston Shooting Date(s): September to November 2013 Principal Casting: Boston Casting Background Casting: Boston Casting Background Payroll: CAPS
Production: The Forger Producers: Code Entertainment Director: Phillip Martin Contract: SAG Theatrical Shoot Location(s): Greater Boston Shooting Date(s): October 2013 Principal Casting: Boston Casting Background Casting: Boston Casting Background Payroll: TBD
You can find current production information on the New England Local page (SAGAFTRA.org/ne) of the SAG-AFTRA (SAGAFTRA.org) website. You will be prompted to login with your member name and ID number. The New England Local page (SAGAFTRA.org/ne) also has an archive of past eblast notices in the event you may have missed one. Stay on top of what is happening in your local by checking this Web page often.
The SAG-AFTRA New England Local Board The SAG-AFTRA New England Local conducted its first local election since the 2012 merger, and the results were announced on Aug. 9. About 700 members returned ballots.
The newly elected board took office on Aug. 15, and the first New England Local Board meeting took place on Sept. 9. The New England Local was funded to send seven delegates to the first SAG-AFTRA convention, which took place in Los Angeles from Sept. 26 – 30. These included the national board member, local president, broadcast vice president and the four delegates who received the highest vote count in that election. Other delegates attended at their own expense. New England is the seventh-largest SAG-AFTRA local, and is composed of members living in Massachusetts, Rhode Island, New Hampshire, Maine, Vermont and the eastern part of Connecticut. See page 16 for list of board members and photos. 10
Understanding Your Personal Services Contract By Anee Raulerson, Assistant Executive Director, Washington-Mid Atlantic Local “Personal services contracts,” “individual contract,” “key talent agreement” — these are all terms used to describe an employment agreement negotiated between an employer and an individual employee in the broadcast industry. While these agreements are commonplace in the industry, not every employee is offered a personal services contract or PSCs, as they are known, and not every employee may want one. When you are presented with a PSC, it is important to understand what the terms of the PSC mean, and it is important to know that your SAG-AFTRA staff is available to assist you in explaining those terms, as well as strategizing with respect to any decisions that you must make regarding your employment.
whether the content provided was approved by your employer), confidentiality provisions and overly broad content ownership provisions that may even pertain to material outside of the scope of your employment. SAG-AFTRA has worked to secure legislation in several states prohibiting an employer from enforcing noncompete provisions against broadcasters specifically, but you should check with your local SAG-AFTRA representative regarding the status of noncompete provisions in your state. What is most important, however, is that SAG-AFTRA members know that they are protected by another contract: the collective bargaining agreement. The language of the CBA must provide the right for an employer to enter into a PSC with an individual. Otherwise, PSCs are prohibited. Most SAG-AFTRA CBAs have such a provision, which requires that the terms of the PSC cannot be less than those set forth in the CBA. The SAG-AFTRA CBA may also contain specific limitations or requirements of a PSC, such as a defined threshold above scale before they can enter into a PSC, prohibition on restrictive covenants or guaranteed durations.
The landscape of PSCs has changed over the years. These agreements once contained terms of employment that the employee was able to negotiate above and beyond the union agreement or company policy, but over time, employers continued to add one-sided provisions that are more advantageous for them and less so for the employee. A three-year PSC, for instance, may require that the employee stay with the employer for three years while the employer has the option to terminate the PSC for any reason at one year, 26 weeks or even 13 weeks. In many radio PSCs, there is no guaranteed term for the employee at all. So even though you may be receiving above-scale compensation, there may be no guarantee how long you will receive it.
Because of the interaction between these two contracts, it is highly recommended that members not only consult with their attorney and/or agent, but also with their SAG-AFTRA representative before executing a PSC so they are fully advised of all of the possible ramifications. SAG-AFTRA staff around the country participates in panels and conducts educational seminars on PSCs. If you are interested in hearing more about SAG-AFTRA’s work with PSCs, contact your local SAG-AFTRA office.
Many PSCs also contain onerous, restrictive covenants, such as lengthy noncompetes, complete restrictions on outside employment, rights of first refusal, language where the employee agrees to indemnify the employer (sometimes regardless of
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First SAG-AFTRA Convention The inaugural SAG-AFTRA National Convention took place in Los Angeles from Sept. 26-29. The New England Local was proudly represented by our member delegates and staff (as shown below). For convention highlights, visit SAGAFTRA.org.
Back row, from left: Susan Nelson, Vic Ramos, Bill Mootos, Ellen Colton, Frank Cacciola, Andrea Lyman, Tom Kemp, Michele Proude, Don Warnock, Tom Higgins, Benjamin Winthrop; Front row: Paul Horn, Peter McSwiggin, Jessica Maher
Member Information Watch for 2014 Conservatory Season
Save the Date!
The SAG-AFTRA New England Conservatories will begin in January of 2014. This will be another year of seminars and workshops for members about improving skills, networking, marketing, auditioning and resources necessary for professional actors. Look for topics such as:
SAG Awards will take place Jan. 18. The annual SAG Awards will be seen live on TNT and TBS. To keep up with all the details, join Screen Actors Guild Awards on Facebook and follow SAG Awards on Twitter. Members in good standing will receive information on viewing opportunities, so make sure you have provided your correct email and address information to the union. The deadline to pay your dues to be eligible for SAG Awards participation is Dec. 2. Ballot postcards will be mailed Dec. 16.
Virtual Auditions: learn how to make and send requested video or audio auditions and to audition via Skype.
Hear from a casting director about what they are looking for in cold readings and for those one line roles.
Student films, web series, ultra low budget: how to navigate these murky waters.
Be your own publicist using social media, your website, showcases, and effective networking skills.
The 3rd annual New England local viewing party is in the planning phases.
Details to follow.
Creative day jobs: finding day jobs that allow you to use your acting, writing and creative skills.
Know Your Union: Intro/refresher on what’s in the contracts and how the union works, from convention to contract negotiations.
And, yes, it is indeed on a Saturday night this year!
Make sure we have your email address!
Look for all of these and more throughout 2014! 12
Global Rule One – Keeping New England Strong Brothers and Sisters: Recently there has been some apparent confusion about the status of legacy SAG Global Rule One in our post-merger SAG-AFTRA world. The short answer is, as more fully explained below, Global Rule One is alive and well.
of loyal union members have achieved these benefits and much more. Without Global Rule One there are no protections or benefits. Without Global Rule One, we performers stand alone.
Please understand that, although there is a real question why any professional would want to work for less than contractual scale or give up contractually guaranteed benefits and on-set protections, there are also real and substantial potential penalties involved for violation of Global Rule One.
BACKGROUND ON GLOBAL RULE ONE PROTECTIONS
WHAT IS GLOBAL RULE ONE AND NO CONTRACT/NO WORK?
Beginning on May 1, 2002, SAG expanded its protections globally to better serve the needs of members in this rapidly changing, global entertainment economy and to ensure that the protections of the union followed members wherever they worked.
Global Rule One for all SAG-AFTRA members states that "No member shall work as a performer or make an agreement to work as a performer for any producer who has not executed a basic minimum agreement with the guild which is in full force and effect." This provision is worldwide.
Similarly, AFTRA’s No Contract/No Work rule applied to all AFTRA members, regardless of category, in jurisdictions where there are multiemployer, industrywide agreements for example, commercials, non-broadcast, scripted television, and interactive - just like SAG’s Global Rule One.
The SAG-AFTRA Merger Agreement (Section VI.C, Initial Rules, Regulations and Policies) specifically provides that the AFTRA No Contract/No Work rule and SAG Global Rule One will continue to apply after merger just as they always have. The merger agreement also provides that the rules and regulations of both legacy entities shall remain in effect post-merger (Section VI.A) until or at such time the national board adopts different rules, regulations or policies.
Members who violate Global Rule One are subject to disciplinary proceedings conducted by fellow members and may be reprimanded, censured, fined, suspended or expelled from the union. (Article XIV, Discipline of Members, SAG-AFTRA Constitution). The union will continue to discipline those found guilty of violating the rule.
Furthermore, contrary to popular belief, SAG Global Rule One and the AFTRA No Contract/No Work rule are substantially the same. The fact that AFTRA’s No Contract/No Work rule applies differently in single employer situations will not change the way Global Rule One is enforced and No Contract/ No Work applies in areas such as commercials, scripted TV, interactive, etc.
If you know of members who are violating Global Rule One in any local, or if you have any doubt whether a particular project is covered by a union contract, or any other related questions, please report the facts to Susan Nelson, our local Executive Director at susan.nelson@sagaftra.org or 617-262-8001 or Sally Tich, senior manager compliance, at 323-549-6019. Your report will be totally confidential - your name will not be revealed to the alleged violator without your consent.
FURTHER INFORMATION
WE STAND TOGETHER SAG-AFTRA. ONE UNION - United for Our Future! No Contract/No Work and Rule One are among the founding principles and strengths of our union: We stand together as actors and do not work without a union contract, where there are multiemployer industrywide contracts in place. Up until May 1, 2002, Global Rule One was enforced on productions shot in the United States. Now Global Rule One applies to members working outside the U.S. for foreign producers. The best way to encourage producers to sign SAG-AFTRA contracts is for every union member to refuse to accept nonunion work. Stand firm with the knowledge that non-union work holds no guaranteed provisions for overtime pay, residuals, liquidated damages for late payments, assistance from staff in collecting monies owed or contributions to pension and health coverage. Sacrifices made by over seven decades 13
In solidarity, Michele Proude New England Local President
SAG-AFTRA OKs extension of corporate/educational/nonbroadcast contracts
2014 is a big contract year: W&Ws coming soon The wages and working conditions process, known as W&W, gives SAG-AFTRA members the opportunity to give their feedback on the contracts that affect them, and is a vital tool for your union representatives to determine priorities when negotiating with employers.
SAG-AFTRA has agreed to a one-year extension of two of its legacy contracts for corporate, non-broadcast and educational work. The National Board of Directors ratified the agreement between the union and the Producers Group on Oct. 1 at its meeting in Los Angeles.
The W&W for the TV/Theatrical Contract is set to begin in January. The TV/theatrical, the union’s most high-profile contract, is due to expire June 30.
The legacy AFTRA and SAG Corporate/Educational and NonBroadcast Contracts, which were jointly negotiated in April 2011, were set to expire on April 30, 2014. The terms of the contracts have not changed. With the coming negotiations for the TV/Theatrical contract, the extension gives the union more time to prepare and gives members more opportunity to be involved in the run-up to the next negotiation.
Look for notices about wages and working conditions meetings and caucuses as well as other important dates for the contracts that affect you on the website and in upcoming emails and newsletters. ‘ TV/THEATRICAL: W&W begins January 2014, Contract expires June 30 SOUND RECORDINGS CODE: W&W begins soon, Contract expires December 2014
The Corporate/Educational and Non-Broadcast Contracts cover public relations, sales promotion and training films made for initial use to the general public, schools, conventions, seminars, museums, in retail stores and for Internet use.
NETWORK TV CODE: W&W begins summer 2014, Contract expires November 2015
Support those who support America
SAG-AFTRA’s Assistant National Executive Director, Contracts Ray Rodriguez said the extra time will give the union the chance to give this contract the full attention it deserves.
For the fourth year, SAG-AFTRA and the USO are once again teaming up to grant a wish for our heroes, offering the gift of hope, comfort and support to service members stationed abroad.
“We are hoping to bring a renewed focus to bear on bringing more work under this agreement,” said Rodriguez.
Your donation of $25 can provide 70 phone calls from service members to loved ones back home or a care package filled with the comforts of home, such as a prepaid international phone card, sunscreen, travel size toiletries, snacks and other items.
Producers Group President and Chief Negotiator Lee Gluckman Jr. also praised the agreement.
A gift of $50 helps fund nine USO locations in Afghanistan that provide troops something to eat, a place to rest or watch an NFL game with friends, a place to play a video game and a way to connect with loved ones through a phone call home.
“We are pleased to be able to maintain stability in the industry and think it will be productive to delay these negotia-
SAG-AFTRA members have a long history of supporting service members and the USO. Show our service members how much you appreciate their sacrifices. Visit teamuso.org/ SAGAFTRA to learn more and make a donation.
Thank you to all the member volunteers who contributed their time and effort to this newsletter: Michele Proude, Russ Gannon, Paul Horn, Bill Mootos, Stephen Kyle, Dot Dwyer, Andrea Lyman, Don Warnock
Executive Director emeritus Dona Sommers and member Al Cialella enjoying the SAG-AFTRA New England Annual Membership meeting on April 1, 2013. Photo courtesy of Don Warnock.
Your service is greatly appreciated! 14
Actors’ Corner By Dot Dwyer Okay cats and campers, it’s time for Actors’ Corner! Let’s start with Brian DeLorenzo, who is prepacting for the eventual zombie apocalypse. Brian starred in Deathnomics as Darren McBride, the BU student film directed by Chad Gray and as Seymour in the Emerson Student film Ghostworld, directed by Miller Pipkin ... Robert J. LaTremouille had Writers Block in the role of Michael, Park Bench Advisor to Principal Angel of Death (That’s a mouthful for a character’s name!), an Emerson student film directed by Dorsey Britten and signatory Erin Chadwick. Then in Some Nights, Robert played a motivational speaker in another Emerson student film directed by James Jacobs, Cemille Turan, signatory ... Roy Souza could be heard on the radio in the Rumblestrip Productions Middlesex Bank commercial as the business owner. Aardvark Entertainment was the signatory ... John Joseph Lindsey took a shot at the short film Chance as the character Greg. It was directed by Bryan Casey and, continuing in a theme, Mr. Lindsey also starred as Paul Sangert in Mildred’s Millions in the New Hampshire 48 -Hour Film Project, directed by Ben Proulx. Talent Tools was the signatory. John likes to do things fast! He did another 48Hour Film Project entry with After Light, directed by John Consilvio. Signatory was PJL Productions. John played the character of John ... The learned Zinnia Politzer has been supporting our youth by performing in three student films: Zinnia played Kitty in a BU student film directed by Austin Pohlen titled George. Then, Zinnia played Petunia in the Brown University student film Jeremiah Robs a Bank, directed by Michael Rose. Zinnia also played Stella in the BU student film Recall, directed by Lai Jang. Gee Zinnia, I hope you got extra graham crackers at recess ... Let’s marvel at the disco ball for Frank J. Imbergaro and Erica McDermott, who both had speaking roles in David O. Russell’s American Hustle, a feature film from White Dog Productions; signatory Annapurna Productions. Frank played the Waiter and Erica played Addie Adams ... Listen for Russell J. Gannon in the Mass Save radio commercial as the office manager. CAV Corp. was the signatory ... Wave hello to Robert D. Murphy, because he was in the Category 1 industrial Journeys, directed by Jonathan Stark. Robert played the Administrator ... Robert also did a voiceover for the industrial for Tax Deferred Annuities, directed by James Theodore for Fidelity Images Production Company ... Talk about “class” — John W. Bruno is the Professor on the public TV program Market Warriors, produced at our local WGBH Boston. Look for the terrific Trudi Goodman in the low-budget theatrical release Milwood, co-directed by Evan Goldman and Jimmy Scanlon. Trudi played Ms. Churchel. This was a Michelle Romano signatory project ... Talented Thomas Olson, Bill Mootos and William Ambrose Kennedy had roles in the Hallmark Hall of
Fame TV movie The Makeover, directed by John Gray. The signatory was McGee St. Productions. Thomas played regular guy Shaughnessy and Bill played the doomed politician Wade Bradbury ... Bill also contributed to the next generation of filmmakers by performing in two student films. He played the dad in director Matthew Hollis-Line’s film Flesh Eaters and Nick in the BU student film If It Fits, directed by A.J. Gamm ... Stupendous Stephen Stapinski has been busy on a lot of projects! He played Henry in Kyle Fong’s BU student film Coming Out, a Kyle Fong production. Stephen also joined Stephen O’Neil Martin in the low-budget movie Employees Only, directed by Luke Arnold. Stephen Stapinski played Trent and Stephen O’Neil Martin played Polani; this was a Flash Epoch LLC signatory product. Stephen O’Neil Martin also played Mr. Demings in director Skip Shea’s short film Children of the Asylum ... The next time you’re perusing the interwebs, look for Bill Mootos as the dad in the Web commercial for US Cellular directed by Scott Masterson for Red Tree Productions; signatory Mullen Advertising ... Rocking Rachel Pikutis Paolucci starred as Rochelle in an industrial directed by Tony Dolan. The signatory was ART and it was titled Lockheed Martin Compliance-Labor Changing. That sounds important ... Shout-out to Shawn Fitzgibbon for snagging the role of John Looney in the Columbia Pictures feature film The Equalizer, directed by Antoine Fuqua for production companies Lionsgate/Escape Artists ... Kate Jurdi was jumping in the short film Tangled 8 in the role of JulieAnn for director John Seymore, a Seymore Films production, and she played Sarah’s mom in Rob Fitz’s ultra-low- budget film Blessid ... Featured in The Union, an ultra-low-budget feature film directed by Jeremy Thibodeau were Stephen O’Neil Martin as Paul and Ben Robertson as James. The signatory was Rubicon Pictures LLC ... Erin Cole & Russell J. Gannon worked in the modified low-budget film The Minister’s Wife, directed by John Stimpson. Russell played the Church Deacon and Erin had the role of Casey Foreman. The signatory and production company for this project was Secrets Movie LLC ... Listen for Russell J. Gannon as the narrator in the public TV show Frontline: Syria Behind the Lines. Russell played the narrator/translator. The signatory was WGHB ... Skip to the loo, did you see Ellen Becker-Gray in the 20th Century Fox feature film The Heat? It was directed by Paul Feig. Ellen was hilarious as Tatiana’s Mother and William Ambrose Kennedy as the Boston Police desk sergeant ... No fighting, now! In the ABC-TV movie The Hatfields & McCoys, directed by Michael Mayer for FTP Productions LLC, look for Kate Jurdi as Dancer No. 2 and Bill Mootos as Don Blankenship. This is a television pilot, so keep your fingers crossed that it will get picked up ... And finally, did you clear the decks to watch Clear History on HBO? It was a Larry David Production directed by Greg Mottola featuring Bill Thorpe as a construction worker, William Ambrose Kennedy as Carl and yours truly, Dorothy Dwyer as Dotty, one of Larry’s mouthy poker buddies. Yeah ... I couldn’t believe it either! That’s it for now ... keep working everybody! 15
20 Park Plaza Suite 822 Boston, MA 02116
SAG-AFTRA Board Officers Bill Mootos National Board Member (four-year term) Michele Proude President (two-year term)
Local Board Members, Actor/Performer (two-year term)
Chuck Slavin
Doug Bowen-Flynn A.G. Wilde
Frank Cacciola Don Warnock Karen Eris
Tom Kemp Vice President, Actor/Performer (two-year term)
Vic Ramos Vice President, Broadcaster (two-year term)
Local Board Members, Broadcaster Russ Gannon
Paul Horn
Nichole Davis
Rod Fritz
Peter McSwiggin Mark Katic
Ellen Colton Secretary (two-year term)
Richard Pacheco Mike Macklin
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