Las Vegas CityLife, December 3, 2009, Thursday

Las Vegas CityLife

December 3, 2009, Thursday

Las Vegas CityLife

Oh no, you didn't just go there

In its labor dispute with Wayne Newton, the local musicians union goes straight for the throat -- literally

BY ANDREW KIRALY >> AKIRALY@LVCITYLIFE.COM

You Don't Know What You've Got (Until You Lose It): The title of Wayne Newton's latest show at the Tropicana is "Once Before I Go," but the critics are saying, "Just go already!" From the Las Vegas Sun's Joe Brown ("It sounded like the Vegas Chainsaw Massacre") to the former L.A. Times entertainment blogger Richard Abowitz ("I find it painful to hear someone so incapable of singing perform for 90 minutes") to CityLife's own David McKee (" ... it offers all the pleasure one associates with a root canal, as Newton trashes his reputation and voice alike"), the critics are unanimous: Wayne's world is crumbling.

Games That Lovers Play: Now the local musicians union is happily exploiting the critical bash-fest to draw attention to its more than three-year-old labor dispute with Newton. On Nov. 16, the Musicians Union of Las Vegas Local 369 launched www.waynenewtonsadfacts.info, which trumpets Newton's place on the unfair list of its parent union, the American Federation of Musicians. Newton earned that dubious distinction in 2006, when contract negotiations broke down and Newton replaced striking musicians with non-union players. Being on the unfair list means the federation forbids member musicians from working for Newton. But the real knives are on the website's "What The Critics Say" page, which highlights reviewers' more acerbic lines about Newton's latest show at The Tropicana.

The crux of the dispute: The union says Newton refuses to sign a contract in which players are paid separately for rehearsals. Newton's camp says the union rejected a generous contract for a six-hour day that includes brief rehearsals before and after shows.

"When we have a primary employer on the unfair list, we're obliged to keep up visibility of the issue," says Local 369's Secretary-treasurer Thom Pastor of the website. Otherwise, he explains, the dispute can be considered abandoned and Newton can claim good standing with the national union again. "We wanted to be friends, but it gets to the point where we have to make our position clear. We're morally obligated to take a stand against this person who is used to getting his own way." Pastor says the website is still a work in progress, and will eventually include the union's full grievances against Newton -- but will also grow to include unflattering financial information about Mr. Las Vegas.

Kathleen Newton, Wayne Newton's wife and representative, is disgusted by the site. "I've never been so embarrassed by a group of people. They don't have the facts on their side, so they're resorting to petty attacks."

Daddy Don't You Walk So Fast: But the union goes one further than merely dishing up acid outtakes from critics. In backhanded fashion, it dishes up some of its own, offering recorded snippets from live shows that reveal The Wayner at less than his best -- whether it's gasping his way through "Fly Me to the Moon," swallowing syllables on "I Can't Help Falling In Love With You" or nearly wheezing through "MacArthur Park," in which his voice cuts out like a broken mic.

Is the union playing dirty? Pastor plays it straight. "It's not intended to be negative toward Wayne," he says. "We're just giving the public a chance to make an assessment for themselves."

Kathleen Newton says the outtakes are from a period at his Stardust stint when acid reflux had ravaged Newton's voice. She says posting the song snippets is illegal and promises to "go after [the union]" in court. Pastor says the recordings fall under a previous contract with Newton, in which Newton could record shows and make them available to union musicians to catch mistakes.

Summer Wind: Labor relations expert Ken Margolies, director of organizing programs at the Cornell University School of Industrial and Labor Relations Extension, says the union's website is a novel form of union muscle-flexing.

"It's directed at least as much at other performers as it is at Wayne," he says. "The union is saying, 'This is what could happen if go you this route. We have some pretty confrontational ways to deal with the situation.' They can't just say, 'It's just one show.' The biggest thing at stake is if [Newton] gets away with it." That is, forging an exceptional contract that makes the union look weak.

Years: The union charges that Newton has pulled some dirty tricks of his own over the years. In January 2006, the union filed a complaint with the National Labor Relations board accusing Newton and his management of soliciting non-union replacements for striking musicians and for orchestrating an illicit campaign to decertify the union. Newton did not admit to violating labor law, but as part of a settlement, did agree to post notices for 60 days advising employees of their right to organize and promising not to interfere with them.

Red Roses For a Blue Lady: Why all the fuss over rehearsals? The union says today's industry standard is to pay musicians per show and per rehearsal -- arrangements it's struck with The Lion King and Phantom of the Opera; Newton's fixation on the old, six-hour schedule is behind the times.

"If Wayne is behind the times, then hallelujah," says Kathleen Newton. "Because he's the only performer to have a 21-piece orchestra when everyone else is going to taped music and synthesizers."

Danke Schoen: You have to wonder whether piling on with critics might hurt the union's chances at reconciling with The Wayner. Pastor admits he doesn't see a resolution on the horizon.

"We don't think there's an incentive for [Newton] to come to the table in good faith," he says.

Local President Frank Leone offers the same assessment -- though with a touch of the critic himself. Making nice with the union would mean better musicians for Newton's show, which certainly couldn't hurt, he says.

"He needs all the help he can get," says Leone. "And as far as backing bands, he'd be a lot better off with American Federation of Musicians professionals."

But labor relations expert Margolies says there have been plenty of bitter, drawn-out labor battles that have been patched up. "It's never impossible to go back to the table," he says.

Shangri-La: Could be. But the prospects of reconciliation might not be helped by parting shots like this: "The show is supposed to be about memories of his career," says the union's Leone. "Why not leave the audience with memories of when he could sing?"

But Kathleen Newton has a few of her own: "It's sick to do this to a man who's made it a part of his life to love and take care of musicians. Musicians have paid for their homes and their children's education because of Wayne Newton. This is all about Frank Leone and his group of goons who think they can strongarm us."

Last updated on Thursday, December 3, 2009 at 12:09 am