Original Message ----- From: Kim Roberts Hedgpeth To: >snip Subject: NICKELODEON Dear Bill: I am following up on the discussions we had regarding the personal employment contracts being offered by Nickelodeon which, among other things, impose a requirement that the performer grant to the employer a right to a "profit participation" interest in the talent's third party income as a condition of employment. The collective bargaining agreement between AFTRA and Nickelodeon does not permit this action by the employer. It is AFTRA's position that Nickelodeon's actions in this regard violate, among other provisions, the exclusivity provisions of the collective bargaining agreement. Further, based upon our preliminary review, we believe this practice may in violation of California law. AFTRA hereby demands that Nickelodeon immediately cease and desist from offering performers employment contracts which contain this requirement. We further require that Nickelodeon immediately provide us with a list of all performers who have, to date, signed employment contracts which contain such a "profit participation" clause, including the name of each such performer, the date they signed such employment contracts, their contact information and a copy of each such contract. AFTRA specifically notes that with respect to any performer who may have signed an employment contract containing such a provision, it is the union's position that any provision, clause, or other language in such agreement which purports to provide the employer with a profit participation right is void and unenforceable. Nothing in this e-mail should be considered a waiver of any of AFTRA's rights, arguments or positions with respect to this, or any other, provision in personal employment contracts offered by Nickelodeon. AFTRA accordingly reserves all rights, positions, arguments, claims and remedies it may have under the collective bargaining agreement or under state and/or federal law. Please forward the information requested to the attention of Joan Weise at the AFTRA National Office in Los Angeles. In addition, please contact me at your earliest opportunity so we can correct this situation as soon as possible. We appreciate your attention to this very serious matter. Kim Kim Roberts Hedgpeth National Executive Director AFTRA 5757 Wilshire Blvd., 9th Floor Los Angeles, CA 90036 >snip