Grievance Corner

Volume CI, No. 7/8July, 2001


Local 802 has collected $4,1123.53 for pension and health benefits owed to musicians when this Off-Broadway production closed on Feb. 20, 2000. The union’s attorneys filed a grievance against Scott Perrin and Secret’s Revue Co., L.P., after Perrin failed to follow through on promises to take care of the debt. He had closed his limited partnership account before the last check he wrote for benefits cleared.

An arbitration hearing was set for Feb. 1, 2001. Local 802 representatives and the union’s attorney, Harvey Mars, were present but the employer failed to appear. Instead, a letter from his attorney made the argument that the case should be dismissed, on the grounds that the employer was the limited partnership, the Secret’s Revue Co., and not Perrin as an individual.

The union argued that Perrin was the principal behind the production and the original playbill from the production plainly states: “Scott Perrin presents . . .” Perrin negotiated and signed collective bargaining agreements for himself and the partnership, and in all phone conversations and correspondence had presented himself as the employer and responsible party.

The arbitrator sustained the grievance in favor of the union. Perrin’s attorney tried several times to negotiate a settlement for less than the full amount owed, but Mars refused to accept a compromise. After several weeks, Local 802 received a check for the full amount owed.