Why The Smoke & Mirrors, SAG & AMPTP?

I don’t see why the SAG National Majority and their pals, the Big Media labor lawyers, are needing to waste more than an hour in talks since all they’re doing is Xeroxing AFTRA’s TV/Theatrical Contract. These past two days have consisted of nothing more than playing at negotiations. Sure, feature players will be thrown a few bones regarding French hours and force majeure and other stuff the AMPTP was going to back off anyway. Heck, the plan by the AMPTP all along was to make a big show of only giving in to the so-called “moderates” once they came into power in order to make them look all that much better compared to the “militants”? Nice to know that the SAG National Majority is following the AMPTP’s script to perfection. So color me unimpressed when this deal is reached lickety split. And the heavy-lifting residuals issues really necessary to the continued financial security of SAG and its members will be left off the table.

Read all the DHD Coverage here

Accept a truly lousy contract now and hope to undo the damage in three years? Or reject the contract and take a strike authorization vote?

What happens if the guild does take that strike authorization vote and it is defeated? What happens if it passes? Do we really want to strike at a time when the national economy and millions of families are in financial distress?

Do we really believe that SAG, WGA and AFTRA will come together in three years as a group, united in a way that they have not been during this round of contract negotiations?

What is the best hope for the non-star actors who rely on contracted minimums and residuals to pay their bills and try to support their families?

Today, Nikki Finke of Deadline Hollywood Daily has posted a proposal to SAG. Below is an excerpt. I suggest you go to DHD and read the whole proposal and then read all of the comments.

The decision by SAG president Alan Rosenberg and executive director and chief negotiator Doug Allen to delay the Strike Authorization Ballot originally scheduled to start January 3rd should be recognized as the smart move to make now when SAG’s solidarity is splitting down the middle. It is a mature recognition that both sides on this issue raise valid points and deserve to be heard before anything with the word “strike” on it is considered by members.The “Yes” camp believes that actors will be stuck with what is inarguably a lousy deal undermining residuals not just for the next three years but perhaps forever given Big Media’s historical refusal to contractually revisit new technologies. The “No” camp thinks that a Strike Authorization will inevitably lead to an ill-timed strike in this economic recession and that SAG should join the other Hollywood guilds in 3 years to try to negotiate better terms with the AMPTP.So what was supposed to be a January 24th weekend National Board meeting has now been moved up to January 12th and 13th. It’ll constitute one of the two plenary face-to-face confabs held each year. The NY Division and the Regional Divisions should have no trouble traveling to the Hollywood division’s backyard with so much advance notice. The point of this decision to delay is to ensure a fair airing of all views. (It even takes into account the “No” vote petition supposedly signed by “well-known” actors even though the list includes no mechanism for verifying the names posted on it.)

I believe that SAG now has a unique opportunity to bypass a strike authorization altogether and place itself in an even stronger negotiating position by following a third and less risky course of action: to vote on the AMPTP’s June 30th contract proposal.

Therefore, I urge SAG to…

See the whole post and comments at Deadline Hollywood Daily

Add in the fact that the WGA is threatening a suit vs the AMPTP for not paying residuals on so called NEW MEDIA content as required in the contract that AMPTP insists is their ‘last best offer’ to SAG and the situation just gets muddier.

HERE’S THE SAG STATEMENT:

“Our leadership was optimistic that federal mediation would help to move our negotiations forward, but despite the Guild’s extraordinary efforts to reach agreement, the mediation was adjourned shortly before 1:00 AM today.

“Management continues to insist on terms we cannot responsibly accept on behalf of our members. As previously authorized by the National Board of Directors, we will now launch a full-scale education campaign in support of a strike authorization referendum. We will further inform our members about the core, critical issues unique to actors that remain in dispute.

“We have already made difficult decisions and sacrifices in an attempt to reach agreement. Now it’s time for SAG members to stand united and empower the national negotiating committee to bargain with the strength of a possible work stoppage behind them.

“We remain committed to avoiding a strike but now more than ever we cannot allow our employers to experiment with our careers. The WGA has already learned that the new media terms they agreed to with the AMPTP are not being honored. We cannot allow our employers to undermine the futures of our members and their families.

“No timeline has been set for the mailing or return of the strike authorization ballots.”

And the AMPTP RESPONSE:

“The AMPTP accepted the federal mediator’s invitation to meet with SAG in hopes of concluding our seventh major agreement of 2008. The Producers met for two days with SAG at the request of federal mediator Juan Carlos Gonzalez. The parties were unable to reach an agreement and the mediator has adjourned the mediation process.”

Here’s the beginning of the DHD coverage. Hit the link above for the full story.

The results of the SAG vote elected an equal number of Membership First candidates and Unite For Strength candidates — 5 to 5 — onto the 33-strong National Board from the Hollywood division. For MF, JoBeth Williams, Scott Bakula, Lainie Kazan, Keith Carradine and Joely Fisher won three-year terms. For U4S, Amy Brenneman, Adam Arkin, Ken Howard, Pamela Reed and Kate Walsh also won three-year terms. The 11th elected National Board member was Morgan Fairchild who ran as an Independent and also won a three-year term. It’s expected that she will vote with U4S which endorsed her candidacy.

87.27% of the10,298 SAG members who responded to the poll said the union should continue bargaining in an effort to achieve a fair contract. 12.73% of those who responded said they would accept the terms presented in the AMPTP’s June 30th offer to SAG.

Postcards were mailed to 103,630 paid-up SAG members on August 28 with a return deadline of September 15, with a 9.94% return. Postcard return statistics matched almost exactly the geographic distribution of SAG members, with 56.07% of the responses from Hollywood, 20.83% from NY, and 23.10% from regional branch members.

The results of the poll indicate that members agree with the actions passed by SAG’s national board in July and August:

July 26, 2008: “It is a core principle of Screen Actors Guild— That no non-union work shall be authorized to be done under any SAG agreement and; That all work done under a Screen Actors Guild contract, regardless of budget level, shall receive fair compensation when reused.“

August 21, 2008 “To support the negotiating team to get the very best contract possible for our membership.”

Screen Actors Guild President Alan Rosenberg stated, “I am encouraged to see that members-at-large agree with the strategy of the national board and their national negotiating committee. This membership poll provides clear insight and direction concerning how actors feel about their futures. Clearly they expect Screen Actors Guild to protect them from exploitation in new media, and to preserve longstanding principles and contract provisions.”

National Executive Director and Chief Negotiator Doug Allen commented, “Our objective was to take the pulse of our members and I am pleased that the response reflects the resolve we have seen from SAG members around the country throughout this negotiating process. The AMPTP suggested we send their June 30 offer to our members to ratify. These poll results indicate that was wishful thinking on their part. We will now urge the AMPTP to roll up their sleeves and to put in the hard work required to bargain a fair, equitable agreement as soon as possible.”

The AMPTP issued this statement in reaction:

September 17, 2008 — The mass postcard mailing by SAG negotiators was a farce. The questions were devised to give SAG negotiators only the answer they wanted to hear. The materials accompanying the postcard were hopelessly one-sided. SAG member votes were recorded by name, exposing those who opposed SAG negotiators to possible retribution. And some SAG members reportedly received multiple ballots. In short, this mass postcard mailing was another exercise in futility by SAG’s negotiators, and the results are meaningless. We have made a fair offer, with significant gains in salary and new media. That offer remains on the table, for the time being, despite steadily deteriorating economic conditions. In the meantime, we and all of the other industry guilds have gone back to work, and SAG members continue to miss out on the benefits of a new contract.

THIS IS AN ALERT TO ALL SCREEN ACTORS GUILD MEMBERS

It is imperative to your well being that you read the TV/THEATRICAL NEGOTIATING UPDATE that was recently mailed to you by Screen Actors Guild and check the box showing support for Doug Allen, Alan Rosenberg and the Negotiating Committee, giving them the authority and ability to go in and negotiate a better deal for you.

We, the membership, need to understand the full impact and ramification of demands being made by the AMPTP and, in particular, the two issues listed below.

Thousand of members will be denied health coverage, pension benefits and residuals.

Free Streaming/Move Over
Streaming network television shows on the internet. There are very important elements of streaming that should be understood.

The AMPTP demands:
· 17 days free streaming for current shows
· 24 days free streaming for new shows, followed by:
· Two consecutive 6-month ‘spurts’ for a payment of 3% of Total Applicable Minimum
· Guest star $85.00
· Day Player $22.77

Why is this a problem? It will not be supplemental income, but replacement income. As free streaming depletes the value of reruns, the first and second rerun residuals will be lost.

· Guest Star “top-of-show” (approximately $6,500), loses 60% of income

1st rerun residual $3,290 – lost
2nd rerun residual $3,290 – lost

· Day Player, scale (approximately $759), loses two-thirds of income

1st rerun residual $759 – lost
2nd rerun residual $759 – lost
In aggregate this represents a potential of 100-200 million dollars.
This lost income will have a profound impact on individual members’ Pension & Health Plans.

Day Player:
· Currently needs about nine days work with 1st and 2nd rerun residuals.
· Without rerun residuals, will need about 27 days work, an almost impossible number of days to reach

Guest Star:
· Currently needs about two guest roles with 1st and 2nd rerun residuals
· Without rerun residuals will need over 3 guest starring roles to qualify

Thousands of members that now qualify will find themselves without health coverage, pension benefits and residuals, turning our union into an elitist union representing only those temporarily the most successful.

Clips:
· Producers may use clips for promotional purposes without consent or payment
· For any other purpose, consent is required and negotiable… but cannot be negotiated at time of original employment

This preserves the principle that your work can only be used in and for the film on which you are engaged, allowing you and your heirs to retain control of your name, voice and likeness.

AS A CONDITION OF EMPLOYMENT, in order to build a new industry based on clips, the AMPTP is demanding:
· we give up consent and negotiation;
· allow them to mix and mash clips: “mashing” – putting together 2 or more clips from different sources, creating a new product. we will have no control over how clips are mixed or mashed, leaving the door open for a total perversion of our creative work.
• For a payment of:
· under 2 minutes – $25.00
· under 4 minutes – $75.00
· over 4 minutes – $22.77

You need to clearly understand that you will be denied employment if you do not accept these nominal payments and give up your right of consent.

It is critical that you be informed and weigh in on these two issues and the others outlined in the TV/Theatrical Negotiating Update. Our membership, the public and members of the industry at large should understand we are fighting for the basic bread and butter issues of pension benefits, health coverage, the protection of our work and the opportunity to make a living in our chosen careers.

This should be considered supplemental to the TV/Theatrical Negotiating Update which you have just received from the Guild.

Fraternally
Ed Asner
Tom Bower
David Clennon
Rob Schneider

There is extensive coverage of the DARK KNIGHT box office saga at DEADLINE HOLLYWOOD DAILY.