In a Watchdog Exclusive Story, the Ol’ Dog reported that Nickelodeon was signing kids to contracts that forced them to pay kickbacks up to twenty five percent of any money they made outside of their Nickelodeon contract.
Well, immediately following my story the AFTRA propaganda machine went into action on Internet bulletin boards to discredit my report.
Leading the attack on my story, was AFTRA’s bulletin board Ministry of Misinformation AFTRA Broadcaster, Lawyer, and Board Member David Browde.
The Following posts pretty well tells the story. Immediately after my article, Mr. Browde made the following post.
You’ll notice, Lawyer Browde’s, tactic of mischaracterizing my post. I never said that AFTRA’s contracts allowed kickbacks.
What I said was,
“These terms only prove that when an “AFTRA First/Actors Last” union like AFTRA starts to handout giveaways to actor’s employers to put money into their coffers, it’s only a matter of time before they will take more.
Well, it wasn’t long after my story started to circulate that AFTRA’s Bulletin Board “Point Man” began to change his tune about Nickelodeon, without, of course, acknowleding that my article had been correct.
I responded with the following:
(Continued)
At this point, AFTRA’s Browde countered with all the reasons for AFTRA failing to act after more than a month.
No one is getting hurt? Unbelievable! Unfortunately, this is AFTRA’s excuse for their poached basic cable contracts that giveaway residuals. No one is getting hurt!
Ain’t it funny after something like this comes out of the shadows, how leadership can get their butts in gear?
As, I have told you in the past, since AFTRA’S leadership sold out to the ATA for a
HALF A MILLION BUCKS in a deal that allowed these agents to become actors' employers, AFTRA’s leaders are little more that their puppets.
Well, son-of-a-gun, if all of sudden. since the heat has been turned up, after MORE than a month of foot dragging, AFTRA suddenly decided to act.
Because they thought it was a good idea? Because they suddenly got some cajones...I don’t so. Their bosses spoke, and they snapped to!
I recieved this email from one of my sources who is involved in the fight to protect Hollywood’s kids against the nefarious dealings of Nickelodeon.
ATA, after being informed by its members of what appeared to be illegal contract language in Nickelodeon Agreements with talent, informed and
urged AFTRA to take action.
AFTRA immediately responded to ATA's concerns and contacted the Company. The following email was sent by AFTRA to Nickelodeons' representative.
Like I said, when AFTRA’s bosses snap their fingers, AFTRA jumps.
Anyway, congratulations to those who took action on this matter. Now, if SAG’s members would take action and inform their leaders that they are tired of AFTRA’s compliant leadership, lowball contracts and residual giveaways, screwing up their ability to make a living, perhaps, they would act and we could have a victory for all of our actor members.
After more than a month and a little nudge from the ATA, AFTRA’s Kim Hedgpeth finally got the nerve to send the following missive the Nickelodeon’s law firm’s Bill Zuckerman. The law firm Kauf, McClain & McGuire represents: MTV Networks (MTV, Nickelodeon, VH1, CMT, TV Land, Spike TV, Noggin/The N, LOGO, Comedy Central)
(Oh, and remember Browde's rationalization for AFTRA's footdragging on dealing with Nickelodeon, "AFTRA can't just order companies to stop offering contracts with language the union considers inappropiate!")
Hmmm, well, as the following missive will prove, it seems they, sure as hell, can when their ATA bosses order them to do so.
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Original Message -----
From: Kim Roberts Hedgpeth
To: zuckerman@kmm.com
Subject: NICKELODEON
Dear Bill:
I am following up on the discussions we had regarding the personal employment contracts being offered by Nickelodeon which, among other things, impose a requirement that the performer grant to the employer a right to a "profit participation" interest in the talent's third party income as a condition of employment.
The collective bargaining agreement between AFTRA and Nickelodeon does not permit this action by the employer. It is AFTRA's position that Nickelodeon's actions in this regard violate, among other provisions, the exclusivity provisions of the collective bargaining agreement. Further, based upon our preliminary review, we believe this practice may in violation of California law.
AFTRA hereby demands that Nickelodeon immediately cease and desist from offering performers employment contracts which contain this requirement. We further require that Nickelodeon immediately provide us with a list of all performers who have, to date, signed employment contracts which contain such a "profit participation" clause, including the name of each such performer, the date they signed such employment contracts, their contact information and a copy of each such contract. AFTRA specifically notes that with respect to any performer who may have signed an employment contract containing such a provision, it is the union's position that any provision, clause, or other language in such agreement which purports to provide the employer with a profit participation right is void and unenforceable.
Nothing in this e-mail should be considered a waiver of any of AFTRA's rights, arguments or positions with respect to this, or any other, provision in personal employment contracts offered by Nickelodeon. AFTRA accordingly reserves all rights, positions, arguments, claims and remedies it may have under the collective bargaining agreement or under state and/or federal law.
Please forward the information requested to the attention of Joan Weise at the AFTRA National Office in Los Angeles. In addition, please contact me at your earliest opportunity so we can correct this situation as soon as possible.
We appreciate your attention to this very serious matter.
Kim
Kim Roberts Hedgpeth
National Executive Director
AFTRA
5757 Wilshire Blvd., 9th Floor
Los Angeles, CA 90036
LA Office: 323.634.8124
NY Office: 212.863.4214