Variety (May 1946)

AN OPEN LETTER TO ALL PERFORMERS. LARGE ANH SMALL, AND TO ALL WHO PA Y THEIR SALARIES: For many years I have operated restaurants and night clubs. During this time I have engaged hundreds of per- formers—both "name" attractions and acts without box- office names. I have never had a controversy with any performer, including a few I have cancelled because they were unsuited for the type of shows I present. A few weeks ago it was necessary for me to book a performer without first auditioning her. She proved unsatisfactory at the first show and I was forced to close her out after the opening night. I paid her $500, the full amount of her two-week contract, without argument, even, though she made only two appearances. In def- erence to her reputation, I announced to the newspapers that she had been forced to cancel because of illness. Gn several other occasions in the past, I have followed the same procedure. Always I have paid the performer's salary for the full term of the contract, without bargain- ing or quibbling or trying to negotiate a cut. Never have I failed to live up in full to my part of an agreement with any performer. ■ On April 26th, my headwaiter told me a man had asked to see me. I met him in the lobby of my club and introduced myself. Without even removing his hat or introducing himself, either by name or as a representa- tive of AGVA, he told me I would have to post a cash bond covering two weeks' salary for the entertainers in my shows. Not until I asked him did he tell me he rep- resented AGVA. After I got him to take his hat off and sit down, he told me, in a demanding and arbitrary tone, that I would have to put up the money or agree to do so that night. If not, he would pull out the performers in my show im- mediately. I explained that I had contracts already signed, covering not only the current show but the one to follow. "Contract's don't mean much," he replied. "There are always loopholes in contracts." Not only, because of this sample of AGVA representation, but for a number of other more serious reasons, I refused to post the bond. On May 15th I received a form letter from the Ameri- can Guild of Variety Artists advising me that I had been placed on the AGVA unfair list for failure to sign a mini- mum agreement and post bond covering two weeks' sal- ary for all performers. It was the first mention AGVA had made to me of a minimum agreement, which would not affect the salaries of those in my floor shows, anyhow. The cheapest act I have played in years received three times the minimum requested. AGVA is attempting to throttle the industry that sup- ports its members—the night clubs where most of vaude- ville now is. ' If AGVA is successful in this campaign, there is noth- ing to prevent the same demands from the musicians' union, the bartenders' union, the cooks' union, the wait- ers' union, etc. Few new night clubs would or could open. And many that are otherwise healthy businesses would close. Even if he can afford it, no business man can approve anything like this AGVA demand. If AGVA is success- ful, this campaign will result in the posting of a large, a very large, amount of cash in the hands of a few union heads in New York. This money will earn money. But, not for me. It is scarcely a profitable business transac- tion for me to borrow money from a bank to post bond with AGVA, if that is necessary, then pay interest to the bank while my money earns money for AGVA. And, what protection does my money have? Suppose AGVA invests this money in its treasury, as insurance companies do? Suppose the investments fail, as invest- ments sometimes do? Suppose some future AGVA treas- urer mysteriously disappears? Do I then sue a defunct corporation? And do I tell the performers in my floor show that week that AGVA has their salaries? Do I just say, "Sorry, no salary for you this week. I paid that to AGVA a long time ago?" I do not, and you know it! This is a one-way ride the night club operators are being taken on. • Since this is not the only issue confronting-us today, it is high time operators in this country got together to protect the rights and principles of our business. I would be happy to hear from other operators of night clubs who feel the way I do about this matter. Personally, this goose is laying no more golden eggs! I will drop the floor show policy at my club if AGVA sticks to its present demands. And performers had better wake up before AGVA's actions boomerang all over the country! Performers may find patrons of night clubs and cocktail lounges getting along happily without them. HERBERT SACHS, Owner, DUET Restaurant and Supper Club, 727 15th St., NW, Washington, D. C. /