Periodic Performance Contract

[BayAreaSM]

Hi Everyone,

Did a search on here and didn't find anything about Periodic Performance contracts that relates to my questions, so here they are:

I'm about to do a LOA Periodic Performance contract referencing the Bay Area Theatre Contract. My director (who's acting as the producer) forwarded me the Letter of Agreement/Periodic Performance Approval she got from AEA yesterday. Aside from the items listed on that letter, everything else we do should abide by the contract that is referenced, correct? {Question 1}

[A quick run down of the situation: we have 12 hours of actor rehearsal time, which is spread over 3 days, 4 hours a day, and one of those 3 days is our tech/performance day. We only have 1 performance. This all starts on April 15. The show will be performed like a staged reading; the 3 actors and I are all AEA. We will be recording the audio of the performance (under AFTRA guidelines) as it will be rebroadcast on NPR 3 times (AFTRA limit is 4 times).]

My issue is that she has listed our 1 tech/performance day with a 1 hour meal break (food provided) between the end of rehearsal and half hour. According to the the referenced contract (BAT), the cast can vote by secret ballot whether that meal break is 1 hour, 1.5 hours or 2 hours. (Which means she's either ignoring the vote option or assuming they will vote for 1 hour.) There is a rule 2 paragraphs above the the rule I'm quoting that says the meal break on a TWO performance day can be 1 hour, as long as a meal is provided. Even though she is providing a meal on the tech/performance day,  I still don't think that counts. It's not a 2 performance day.

With all of that in mind, she wants me to announce to the cast the schedule now. I don't want to do that until we settle this issue of the tech/performance day meal break. I assume I can do my Equity Business in the 10 minutes prior to our first rehearsal (day of) and settle the issue then, since the vote must be by secret ballot. That seems like the logical thing to do. If she can't wait and needs it settled now (or in the next few days) - has anyone done a vote prior to the first rehearsal, via email or phone? Granted, the "secret" part is completely shot, but I don't know any other way to get it done early. {Question 2}

Sorry if this is confusing, but it is for me too. I've never worked under a LOA before, and the referenced contract is a bit more lax that the LORT contract I'm used to working under. I appreciate any/all feedback.

Thanks so much!

[MatthewShiner]

I have done votes over the phone on a several occasions . . . especially for one day events, or first day schedules (like you have to do a straight six on the first day . . .).

Given the uniqueness of the situation, call the cast, explain the situation, the producer's solution and see how the cast responds.  It seems like the producer's is genuinely trying to solve the problem - hopefully everyone will be happy with it.

[hbelden]

At first I misunderstood you, and thought you were referring to a BAPP code.

I've never worked under Periodic Performance, but Stephen Pawley knows those small codes and agreements inside out.  PM me if you want his contact info.

[BayAreaSM]

Thanks guys. I'll call them and work it out. I just didn't know if that was completely a no-no.

Heath - funny you should say that. Stephen is actually one of my 3 actors.

[loebtmc]

[off topic] YAY Hooray! for Stephen - great news! [back on topic]

[hbelden]

Heath - funny you should say that. Stephen is actually one of my 3 actors.

I should have known.  If someone's putting up a show for no money in San Francisco, it's probably got Stephen in the cast.

[loebtmc]

<g>

I have done email or phone polls when necessary - and periodic performance has a lot of those grey areas since it's one of the vaguer contracts.

And hopefully you will be getting paid the AFTRA rate for those 3 broadcasts, to compensate for the PP rate!

[BayAreaSM]

loebtmc - The director did say they had to pay AFTRA rates, so I get $12/hr for rehearsals and I get a flat rate for the performance - which I guess is equivalent to the AFTRA rate. She said something like "it will play on NPR 3 times, and the AFTRA limit is 4 times," so I assume that is the equivalent of my flat rate for the performance. Though AFTRA doesn't cover SMs...

I don't know a whole lot about AFTRA, though I did consider joining a while back (I dabble in VO work and do PSAs for small companies). And right now, I don't have the free time to read another contract, so I'm going to assume all is kosher with that. I know that's horrible to say...

[loebtmc]

call AEA - unless the rules have changed since the last time I did something like this (which, admittedly, was a while back), I think the SM gets the same day rate as the actors because of the whole sister union thing. And there are two pay scales, one for the theater rates (rehearsal) and one for the broadcast rates (AFTRA). Even SPT pays for the SM:

TV or Radio Spot Commercials.
.... When a Stage Manager and/or Dance Captain is required to do any work in connection with a TV or radio commercial, the Producer shall pay no less than the applicable SAG or AFTRA minimum of a Principal (on camera) to
the Stage Manager(s) and/or Dance Captain..

either way, good luck....(don't mean to jinx it but clearly the right thing to wish - )

[BayAreaSM]

I do know the actor hourly rates for rehearsal are $10/hr and I am $12/hr.

As far as the performance, my flat rate for the performance is more than what the actors will get paid for the performance. And, after re-reading the email from the director, she did say, "And then on top of that there's the AFTRA fee of $xxx."

Thanks for giving me that snippet from SPT!
Post Merge: Apr 07, 2011, 01:05 amSomething NEW thrown into the mix here.

My director is also a member of AEA. As she is also the one adapting the script, she has now discovered that she has to read some sections of this staged reading. Our Letter of Agreement said we had to employ a minimum of 3 AEA actors and no non-Eq. We do have 3 AEA actors on the show, and they each (will) have AEA contracts. If she becomes a participant in the staged reading, would she need to be under an AEA contract as well? (And thusly pay herself the hourly wage and performance/AFTRA fee?)

I know, I know, call the Business Office to find out for sure - but just wondering if anyone else had this experience/any advice.