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The Show Must Not Go On: Why the NLRB, AGMA, & City Officials Are Taking Action Against Dallas Black Dance Theatre

November 20, 2024 In Blog, Diversity, Labor, Performing Arts, Social Media By Kelly Cheung

The Show Must Not Go On: Why the NLRB, AGMA, & City Officials Are Taking Action Against Dallas Black Dance Theatre

On May 29, 2024, dancers of the Dallas Black Dance Theatre (DBDT) unanimously voted to form a union with the American Guild of Musical Artists (AGMA).[1] AGMA announced that it would serve as the exclusive bargaining representative of DBDT dancers.[2] The union resulted from the dancers’ rising concerns about their work conditions.[3] Though DBDT management did not initially support unionizing efforts, it recognized the result of the vote in May.[4] But less than three months later, the company unilaterally terminated all its dancers.[5]

DBDT is a Dallas-based professional dance company that was founded in 1976.[6] Its mission is to use “performance and educational programs” to “bridge cultures, reach diverse communities and encompass ever-expanding national audiences.”[7] The company employs professional dancers full-time and performs a “repertory of modern, jazz, ethnic and spiritual works.”[8] When DBDT began hiring for the 2024–25 season, it acknowledged in its employment offers that its dancers were union members.[9] However, the company has yet to enter into a collective bargaining agreement with AGMA.[10]

AGMA first took public action on behalf of DBDT dancers on July 24.[11] In a public statement, AGMA recounted DBDT’s “several unusual and aggressive decisions” since the formation of the union, which included:

  • Requiring four departing dancers to purchase tickets to attend the company’s annual fundraising event on June 1, in a change from past practices;
  • Not offering employment contracts to dancers selected through the company’s spring auditions to replace the four departing dancers;
  • Rescinding an employment offer to a 14-season dancer and rehearsal director; and
  • Withdrawing offers to dancers to teach in the company’s affiliated school and lead student ensembles, in another departure from past practices.[12]

Subsequently, AGMA filed charges with the National Labor Relations Board (NLRB) against DBDT for unfair labor practices.[12]

On August 9, DBDT shockingly fired its remaining dancers.[13] That same day, the company posted an audition notice to Instagram.[14] In another Instagram post on August 11, DBDT released its statement regarding the termination.[15] The company specified that it decided to terminate its dancers “after a video surfaced that violated their contractual terms and our standards of artistic excellence.”[16] DBDT further stated that “[t]his decision is unrelated to [the dancers’] choice to join the American Guild of Musical Artists, and we value their right to organize.”[17]

According to Dance Magazine, DBDT provided that the video at issue is an Instagram post from June 21 by Dancers of Dallas Black Dance Theatre (@dancersofdbdt).[18] This account, which is run by the since-terminated dancers, is not officially associated with DBDT itself.[19] Because the video depicts the dancers on DBDT property, the company asserted that the content violated several contractual policies, such as prohibitions on cell phone use and personal use of the premises.[20] Further, DBDT executive director Zenetta Drew stated that the video “does not reflect the organization’s values” and “had an immediate and negative impact on our public image.”[21] While DBDT management indicated that it became aware of the video on July 25, AGMA and Drew confirmed that management did not communicate with the dancers about the video prior to its termination decision.[22] Drew claimed that taking personnel action without warning is permitted under the dancers’ contract terms.[23]

AGMA promptly issued a “Do Not Work Order” on August 12 in response to DBDT’s termination of its dancers.[24] AGMA president Ned Hanlon stated DBDT’s decision was “clearly retaliation for unionizing” and warranted the order.[25] The order prohibits members of AGMA and the Associated Actors and Artistes of America from providing services to DBDT, including auditioning, while in effect.[26] Members who violate the order may be subject to fines, expulsion, or other discipline.[27] Additionally, AGMA filed another charge with the NLRB against DBDT regarding the matter.[28]

Recently, the former DBDT dancers and their supporters organized a public demonstration to protest the mass termination.[29] On October 11, demonstrators picketed outside DBDT’s first show of the season.[30] Protestors affirmed that they planned to picket every DBDT performance.[31]

Dallas city officials have also taken action against DBDT.[32] After the mass termination, the Inspector General Division of the Dallas City Attorney’s Office investigated the company’s decision and released an extensive report on the sequence of events.[33] On October 23, the Dallas City Council’s Quality of Life, Arts and Culture Committee convened to approve allocations to the city’s various nonprofit arts groups.[34] After reviewing the Inspector General report, the committee voted to pause its funding to DBDT.[35]

City council members have underscored the value of DBDT’s legacy and significant impact on the Dallas community in fostering an inclusive space for Black performers.[36] On the other hand, many strongly believe that it is of utmost importance to hold institutions accountable for “egregious” actions that “are not going to adhere or align themselves to the priorities of [the] city.”[37] The Quality of Life, Arts and Culture Committee will reevaluate its funding allocation to DBDT in early December.[38] It will consider feedback from the city’s Arts and Culture Advisory Commission as well as any decisions rendered in the pending NLRB cases.[39] Council members have also expressed that they want DBDT to take initiative in reviewing its labor practices in light of the concerns and allegations of union busting.[40] Though DBDT’s board president Georgia Scaife continues to deny such allegations, she maintains that the company is ready to negotiate a collective bargaining agreement with AGMA.[41]

Despite ongoing settlement discussions between DBDT and AGMA, the NLRB issued a formal complaint against DBDT in early November after finding merit to the several charges of unfair labor practices.[42] The complaint seeks multiple remedies, including reinstatement of the terminated dancers, back pay, as well as a public apology.[43] In addition, the agency recommended petitioning for a temporary injunction in federal district court against the company to prevent further misconduct and harm.[44] DBDT has acknowledged receipt of the complaint and has until November 15 to respond.[45] If settlement negotiations with the company are unsuccessful, the NLRB will proceed with an administrative hearing on December 9 to address the over forty counts of unlawful conduct alleged in the complaint.[46]

Footnotes[+]

Kelly Cheung

Kelly Cheung is a second-year J.D. candidate in the evening division at Fordham University School of Law. She is a staff member of the Intellectual Property, Media & Entertainment Law Journal. She holds a B.A. in Cognitive Science and Political Philosophy, Policy and Law from the University of Virginia.