AGMA Files Labor Complaint Against Dance Theatre of Harlem

When the Dance Theatre of Harlem announced in December that it would hold auditions to create a new 18-member dance troupe, it was the first opportunity in years for dancers to join the professional company, which had suspended operations since 2004 due to lack of funding.

But before DTH can return to the New York stage in 2013 as planned, it faces charges of unfair labor practices from the American Guild of Musical Artists, the union that represents dancers in the United States. AGMA filed charges with the National Labor Relations Board on Monday, April 16, alleging that DTH has unlawfully withdrawn recognition from the union.

"DTH has a legal obligation to bargain with the dancers and their union," Deborah Allton-Maher, AGMA’s Associate Executive Director and counsel, said in a statement. "However, we strongly believe they also have an ethical and moral obligation to do so. Generations of dancers not only built this company into the cultural and artistic icon that it is, but they worked tirelessly to create and develop a union contract that would protect generations of dancers yet to come. It is a disservice to all dancers for DTH to ignore this obligation."

AGMA claims that DTH Executive Director Laveen Naidu is "degrading DTH" and "endangering its new dancers" by refusing to negotiate with the union since resuming the company's operations. After deferring these negotiations repeatedly since 2004, DTH has allegedly reneged its promise to rejoin the union and now intends to fill its roster by hiring dancers from its school or via online audition videos. According to AGMA, Naidu and his attorneys advised the union that DTH had "no legal obligation to bargain" with AGMA or negotiate protections for its dancers.

"Normally we would applaud the resuscitation of DTH," Alan Gordon, AGMA's National Executive Director, said in a statement. "But it's clear to the dance world that Naidu is degrading the company by endangering dancers by refusing to agree to any safety provisions, and that he's breaking the law."

The Dance Theatre of Harlem was founded in 1969 by Arthur Mitchell and Karel Shook. Naidu became Executive Director in 2004.

"We are shocked and disappointed by AGMA's allegation that we would put our dancers in any danger," Naidu said in a statement on Tuesday. "We respectfully disagree with its position. AGMA and Dance Theatre of Harlem had an association; however, in 2007 DTH and AGMA entered into an agreement that formally severed ties. Nurturing artists and art-making are central to the Dance Theatre of Harlem mission—we will never compromise either. That said, rather than having a public debate on this matter, we are going to allow the legal system to dictate next steps towards resolution."