The two sides are expected to return to the bargaining table at 10 tomorrow morning after failing to reach a compromise during two marathon sessions Sunday and yesterday. Both sides reported progress, but neither would detail the remaining hurdles or predict how long it will take to solve them.
Tomorrow's matinees have been canceled by the League of American Theatres and Producers, the nonprofit representing the theaters. The fate of tomorrow night's performances has not been announced.
One thing is clear: Both sides are feeling the pressure to get back to work.
"It is in the interest of both sides not to lose the Christmas season," said Charles Kaplan, a partner at the law firm of Lowenstein Sandler, who has 25 years of experience in labor negotiations. "They are trying very hard now because they know if they can get it resolved this week, they will have (saved) December."
At the heart of the dispute are the staffing requirements mandated by the current contract, which expired July 31. The producers say these rules force them to hire more backstage workers than they need. They seek increased flexibility to keep their costs down. The union charges the producers are trying to make money on the backs of their members. They have agreed to concessions, but only in exchange for other benefits.
Some 50 negotiators worked through the night into this morning at the Midtown law offices of the firm representing the league. The number of participants suggests both sides are serious about reaching a deal, said Kaplan. But that large number comes with a drawback.
"Anything you try to do by committee takes longer," he said.
Local 1 of the International Alliance of Theatrical Stage Employees, the union representing Broadway's 350 to 500 stagehands, walked off the job Nov. 10, closing 27 plays and musicals. All have remained dark except "Dr. Seuss' How the Grinch Stole Christmas!," which was reopened by court order last Friday.
Seven other productions -- including "Mary Poppins" and "Pygmalion" -- have not been affected because they have separate union contracts.
The walkout has severe economic implications for Manhattan as well as the warring parties. City officials estimate strike-related losses to be more than $35 million. The league estimates are even higher.
Kaplan, who has no direct knowledge of this negotiation, characterized the dispute as a "classic confrontation" between management and organized labor.
"It's like a chess game, each (side) willing to give up something to gain the larger advantage," he said.
The union's ability to remain unified and keep the theaters dark shows it retains a lot of clout. The fact that the producers stood firm during the lucrative Thanksgiving week reveals their determination.
Even if they settle soon, Kaplan said both sides will suffer because of the walkout.
"In general, money lost in a strike doesn't come back," he said, especially in disputes where the product -- the performances -- are perishable. "If you don't sell it today, you lose the revenue. You can't have twice as many shows during Christmas to make it up."
Peggy McGlone may be reached at email@example.com or (973) 392-5982.