Theater, Unions, COVID-19, and the Ugly Truth

As COVID-19 shows the deficiencies in governmental bureaucracy, as well as our healthcare system, the arts continue to struggle as the pandemic enters a second wave. If the arts industry hopes to survive the ongoing global crisis, the community must come together for solutions. Despite this, theatrical artists and filmmakers are causing friction as both industries hemorrhage money.

During COVID-19, theater makers have been scratching their heads as to how to create live entertainment during a national health crisis. While some have decided to perform live with social distancing and masks, The Actor’s Equity Association (AEA), the union representing actors and stage managers in live theater, has made it very clear that union members cannot perform or work in spaces they deem unsafe during COVID-19.

This, combined with the closure of all Broadway theaters until June 2021, has made theaters rethink how they displace performances. The simplest solution for theaters with AEA contracts is to stream and broadcast performances for people to watch, in opposition to having an audience in the space. This would be ideal, if filmmakers didn’t have a say.

The Screen Actors Guild - American Federation of Television and Radio Artist (SAG-AFTRA) has called into question AEA’s jurisdiction to broadcast and stream performances. Historically, SAG-AFTRA as a union has had control over live theater performances that have been recorded and/or broadcast, giving them legal precedent to oversee these live performance streams. Something their Board of Directors recently reaffirmed in a resolution within the last month.

According to SAG-AFTRA’s own website, “The SAG-AFTRA National Board, in a special meeting taking place Thursday, unanimously approved a resolution reaffirming the union’s historic and traditional jurisdiction in recording or broadcast of live theater productions.” SAG-AFTRA has also accused AEA of poaching talent and superseding their own jurisdiction in an attempt to undercut SAG-AFTRA’s authority.

In Response, AEA has claimed that in the process of trying to work out the streaming and broadcasting of live performances, SAG-AFTRA has undercut AEA in hiring practices. The Actors Union also claims that in doing so, SAG-AFTRA has placed equity members in ‘deferred compensation’ and has paid them well under equity standards. This, paired with AEA’s recent reports of SAG-AFTRA’s undermining safety practices for AEA members, has led both sides to reach a stalemate on contracts and who has power over what.

It is sad to see that the very unions designed to help actors and artists both on stage and on camera have devolved into bickering school children over who gets to play with what toys. It seems that both AEA and SAG-AFTRA have come to the conclusion that they must work to get their members back into working as soon as possible. However, it also seems that this has caused both unions to distrust or purposely undercut each other when it comes to properly and safely overseeing productions.

What has failed to happen is for the unions to meet an agreement, but this is not something that is completely new, nor should it be this difficult. Both labor unions have worked on projects before, and have worked with other entertainment unions to secure proper jurisdiction to produce art. It seems that this microcosm of the entertainment industry might be a reflection of a wider issue we have seen with COVID-19, and that is a lack of empathy.

Too often we have seen that people are not willing to give grace during the pandemic, something exemplified by Anti-Maskers, and those in our government willing to sacrifice the poor, elderly, and disabled for the sake of the economy. While not as dangerous as the failings of our healthcare system in a time of a medical crisis, these labor unions seem to be acting in very much the same vein.

It is sad to see two giants of the arts labor movement come head to head and have discussions fall apart. To the outsider, the solution looks easy. ‘Let the theater people make theater, and the filmmakers produce and distribute it,’ seems to solve the issue, yes? But there is so much more, such as healthcare, union dues, difference in pay, and safety practices, that make the right and wrong of the conflict so murky.

Both unions have seen strikes, lawsuits, disasters, and issues sprout up from within their own organizations. Now we must all sit back and watch how they will come to a solution when they have to face these issues with the backdrop of a pandemic.