Nevada Ballet Theatre Nutcracker
The Nevada Ballet Theatre has chosen to distance itself from the community by replacing live musicians with a recorded track. Can a ballet truly be called professional without the artistry of a live orchestra? That’s for the public to decide.
The Musicians Union of Las Vegas extends heartfelt gratitude to the incredible local organizations, productions, and artists who value live music and collaborate with us: Las Vegas Philharmonic, Opera Las Vegas, Las Vegas-Clark County Library District, Southern Nevada Musical Arts Society, Community Lutheran Church, Andrea Bocelli, Adele, Lady Gaga, Seth MacFarlane, Donny Osmond, CBS Sports, and the NFL Super Bowl. Our musicians proudly contribute to live performances and new recordings, including albums from Lady Gaga and Adele.
#BringBacktheOrchestra #SupportLiveMusic #LasVegasArts
The Truth Behind Nevada Ballet Theatre’s Impasse Declaration: A Response from the Musicians Union President
Dear Mark,
Thank you for your message. I want to address some key points, as we do not believe we are at an impasse. However, your message is misleading, and I sincerely hope the wording you’ve shared is not the same as what has been communicated to your client.
To clarify, Electronic Media falls outside of our jurisdiction unless it pertains to local media. The American Federation of Musicians (AFM) recognizes internet usage as a national and international medium, placing it beyond our authority to grant such usage unless specifically approved by the AFM. While organizations such as the Las Vegas Philharmonic operate under the International Media Agreement approved by the AFM, they meet the necessary criteria, including having a roster orchestra and musicians’ committee. Similarly, prominent ballet companies with either a dedicated roster or partnerships with local symphonies are governed by this framework.
Local 369 does not necessarily agree with these limitations, as we are committed to supporting the success of our local partners. Nevertheless, this remains beyond our jurisdiction. Under the terms of the proposed CBA, Nevada Ballet Theatre (NBT) is permitted to use electronic media locally for promotional purposes. As we discussed by phone, NBT can create online promotional materials through an AFM agreement, which includes an additional payment to musicians of approximately $60.30 per instance.
I also want to emphasize the positive outcomes we’ve achieved with other local organizations. Negotiations with the Las Vegas Philharmonic have been highly productive and mutually beneficial, resulting in significant pay raises for our musicians under the new scales. This holiday season, our musicians will perform in several high profile events, reflecting their unity, commitment, and enthusiasm for our growing collaborations and partnerships.
As for the current situation, it is important to recognize that we’ve had an entire year to work toward an agreement. Delays in communication, including the initial statement that a CBA was unnecessary, have contributed to the challenges we face now. If NBT maintains the belief that we are at an impasse, it risks being the only notable local performing arts organization without a direct CBA with Local 369.
Finally, I must point out that members of the community including sister Unions and the press have taken notice of the orchestra dates being removed from the Smith Center website. While we have refrained from commenting publicly in hopes of concluding our negotiations, any explanation for this decision will fall to your team. Your current explanation will not be good enough, and our musicians will make that clear. In fact, our positive partnerships with other organizations is proof of that.
Thank you for your attention to these matters. I remain hopeful we can find a resolution that supports the musicians, NBT, and our community.
Yunior Lopez | President
Musicians Union of Las Vegas
AFM Local 369
Nevada Ballet Theatre has decided to proceed without live musicians for their December 14 & 15 performances of The Nutcracker, despite audiences paying premium ticket prices expecting a live orchestra.
Negotiations only began this past Monday after the Nevada Ballet Theatre made minimal efforts throughout the past year to negotiate an agreement. While we agreed on all terms except electronic media language—which is outside our jurisdiction—the Ballet chose to cancel live music instead of finalizing an agreement. They stand as the only major performing arts organization in Las Vegas without an agreement.
Our community deserves transparency, the magic of live music, and a real professional ballet with a professional orchestra. If audiences wanted to pay a premium to listen to a recording, they could do so from the comfort of their home.
Make Your Voice Heard: Contact Nevada Ballet Theatre to demand live music for *The Nutcracker*. Let them know our community deserves better!
📧 Email: info@nevadaballet.org
📞 Phone: (702) 243-2623
🌐 Website: www.nevadaballet.org
Share your concerns on social media and tag @NevadaBallet on Facebook, Instagram and Twitter. Use the hashtags below to amplify your voice. Together, we can make a difference!
#SupportLiveMusic #NevadaBalletTheatreOrchestra #LasVegasArts
OFFICIAL STATEMENT FROM THE MUSICIANS UNION IN SUPPORT OF NBT DANCERS
We deeply respect and admire the hard work and dedication of the AGMA dancers of Nevada Ballet Theatre, whose artistry brings The Nutcracker to life. While the current situation with management has regrettably removed live music from this year’s production, we stand in full solidarity with the dancers, who are not part of these decisions but are directly affected by them. Together, we uphold a shared commitment to delivering the highest level of performance for our community, grounded in the values of integrity, transparency, and solidarity.
We look forward to the day when the full experience of live music and dance returns to NBT productions. Until then, we continue to advocate for fair agreements that honor the artistry and professionalism of all involved.
-Musicians Union of Las Vegas, AFM Local 369
Angela Chan-Stopa speaks out following statements released by the Nevada Ballet Theatre’s leadership
In light of this article, I wanted to provide a little more context and clarification. It is often the intention of employers to make the union the “bad guy” in every negotiation. Since I have been directly involved in this situation, I wanted to give some more background and pose some questions that I think we all should be asking to help make more sense of the situation that’s transpired over the past 2 weeks, leading up to the cancellation of the live orchestra.
I had been holding out hope that a last minute agreement would still be reached so that the live orchestra performances could go ahead, as were all of the musicians who were to play this weekend. I can only hope that talks can continue and a mutually beneficial agreement can be reached much earlier next year so that the patrons as well as the dancers and crew can once again enjoy the full ballet experience with the live orchestra.
– CORRECTION: The letter regarding the impasse from NBT attorney Mark Ricciardi sent to Yunior at Local 369 was sent and dated Sat 12/7 not Fri 12/6.
– Eric McAllister, who was to conduct the orchestra, was never asked to attend a ballet rehearsal to prepare for the performances, something he usually does at least a few times before the orchestra rehearsals start to familiarize himself with the tempos and staging.
– On Tuesday 12/3, NBT asked me to do an availability check for orchestra musicians; NBT believed they were close to signing an agreement that day which I also confirmed with the union.
For your consideration:
– NBT says the sticking point that caused the degradation of the talks was the use of electronic media for the internet (website and social media). This has not seemed to have been an issue in the past. Can NBT show how many times they have utilized the media in question on their websites or social media to prove how detrimental this would be to not have? Can they produce those posts to show how frequently this media has been used before?
– NBT’s leadership team said this “issue arrived to them late in the talks, and they would not accept what they deemed a late change without discussion.” My question would be WHEN did this issue arrive in the talks (if they had indeed been going on all year)? It was also my understanding that it was NBT that requested this change. I was told NBT used a template the union had sent over from another production as a guide to create this contract, but eventually began looking at language used in the Philharmonic media clause regarding social media and internet posts. Yunior communicated the local didn’t have the power to grant this, but would consult with the AFM on this point. He also recommended language like the Philharmonic contract that would be more related to their organization. The AFM said the clause in question couldn’t be added to the ballet’s agreement because they were not signatory to a media agreement with the AFM which required a rostered orchestra and a musicians committee. The Las Vegas Philharmonic does, which is why they qualify to have that included in their CBA. It was also communicated in Yunior’s response to NBT’s attorney’s letter of impasse that the local disagreed with the AFM’s position, but did not have the power to change it.
– “They also said they were ready to enlist musicians outside of a signed CBA for ‘The Nutcracker.’” As the person NBT had contacted about contracting the orchestra for this production, I was not aware of this at all. In fact, I told them that I would be happy to hire the orchestra once the union contract was signed. No mention was ever made to me about enlisting musicians outside of a union contract for this year’s production.
– “In the entire time we’ve been at the Smith Center we’ve had a very productive relationship with the Las Vegas Phil. It is not accurate [sic] declined to work with the Phil,” Barbre said, referring to 2012, when NBT began its performances at Reynolds Hall. “It was only actually when Mr. Lopez came in that the issue changed, and that was because he drove the issue in that he did not want us working with the LVP unless we had a CBA.”
From my knowledge of events that transpired last year through the present, I would characterize this statement as misleading. The Las Vegas Phil had previously contracted the orchestra for NBT for a number of years, both before and after the pandemic. Last year NBT opted to not have the LVP contract the orchestra. They contacted me in June 2023 to ask if I would contract the orchestra, at which time I contacted the union to start getting rates together as well as a contract. It was only AFTER that decision had been made that Yunior became involved, not before. He wanted the musicians working under a CBA, period, no matter who was contracting. It is important to note that once an organization has a CBA in place, they are free to appoint whomever they want to contract. This is not dictated by the union. Perhaps the question should be why did NBT opt to not have the LV Phil contract last year or this year.
– The article has several inconsistencies with regard to the timeline of how long negotiations have been taking place. . Kaiser is quoted as saying the talks go back to the spring, then in another paragraph Barbre and Kaiser say they have been making efforts “over the last several months,” and the union has said that the negotiations stated on 12/2 when the first draft for the CBA was sent over, and that “any prior communications have been inquiries and not negotiations.” If talks had indeed been going on all year, there should be records and notes of these meetings that NBT should be able to produce to show that they have been negotiating in good faith for the time period they are contending and who was in attendance.
– An email blast on Nov 7 from NBT listed the live orchestra dates. On Nov 20 I noticed that NBT had removed the indicators for the live orchestra performances from their website without fanfare or mention. These indicators were never added back, even after I had been asked to get the orchestra together. If NBT was truly committed to having a live orchestra, why prematurely remove the live orchestra dates before the contract had been finalized (several weeks before the contract draft was sent and the impasse was declared).
– In the previous article that ran on 12/9, NBT’s attorney claimed “the union has stopped musicians from agreeing to last year’s terms.” Both sides agreed to and signed last year’s terms which did not include an electronic media clause. If the aforementioned clause was not in last year’s contract, why is it now being presented as a deal breaking issue?
