Silly Lawsuit Against SAG Dismissed; and More

Remember the lawsuit that former SAG president Alan Rosenberg and three other Membership First members (1st VP Anne-Marie Johnson and board members Diane Ladd and Kent McCord) filed against their own union?

No? You may have blissfully forgotten this misbegotten legal action, filed a year and a half ago (!), but the courts haven’t. This is the lawsuit that attempted to reinstate former SAG National Executive Director Doug Allen and undo ratification of the SAG-AMPTP collective bargaining agreement. In a case of chasing a horse that’s left the barn, and despite two court decisions that the action was moot, the lawsuit drags on.

Or maybe not. This morning, yet another judge declared the lawsuit moot. That’s five judges total, since one of the previous decisions was by a three judge panel. In a statement, SAG’s Deputy National Executive Director and General Counsel, Duncan Crabtree-Ireland, said “Screen Actors Guild is gratified that this litigation has now concluded with a final reaffirmation of the Guild's position by the trial court.”

Let’s hope. Interestingly, in their opposition filing, the plaintiffs did not oppose dismissal of their complaint. But an observer pointed out that the plaintiffs have crafted their document, and their statements in the courtroom, so as to tee up a motion for attorneys fees. In other words, Rosenberg et al. will probably ask the court to order that SAG pay Rosenberg et al.'s attorneys fee for bringing a case that five judges declared moot and that at the end of the day Rosenberg's own attorneys were willing to dismiss!

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In other guild and union news of late:

· In a surprising move, SAG’s Unite for Strength faction reached across the aisle and chose Membership First hardline David Joliffe as the chair of the Negotiating Committee for the AMPTP talks that begin October 1, reports SAGWatch.

· Those talks involve both SAG and AFTRA, negotiating together once again after a bitter hiatus in the last negotiating cycle. In order to make the schedule for joint negotiations work, AFTRA leadership has agreed to a one-year extension to its so-called “front of book” – the portion of its agreement with the AMPTP that covers daytime serials (soap operas) and various other work whose jurisdiction is not shared with SAG.

The extension, which runs through Nov. 15, 2011, is noteworthy for two reasons. First, the compensation increase, effective Jan. 1, 2011, is 2.5% (2% increase in minimums and 0.5% increase in pension and health contributions), significantly less than the 3.5% that was agreed to in the last negotiating cycle, which began before the economy had spiraled into recession. That 2.5% may well set a precedent for the October 1 negotiations.

Second, the extension does not change the new media provisions in any way. This suggests that any changes will be handled in the October 1 negotiations. Those issues will probably be hard fought.

The extension goes out for a vote in a few weeks to membership meetings in the five major AFTRA Locals of Chicago, Los Angeles, New York, San Francisco and Washington/Baltimore.

· Speaking of front of book, a new version is now available from AFTRA, incorporating the changes agreed to in 2008. Yes, these books take a while to revise, and, alas, the AFTRA book still uses the same almost unreadable tiny typeface as previous editions. None of the other guild/union books do, and the WGA has even moved away from the small format books to a large size that’s more manageable.

A noteworthy change in the AFTRA book: Ex. A (the portion that is jointly negotiated with SAG) is no longer included. Word is that there will be a separate Ex. A book eventually, but no information on when. That book, if and when it appears, will presumably incorporate the results of the Oct. 1 negotiations.

· It turns out even unions sometimes have unions. SAG does – in particular, a few dozen of its employees are represented by Teamsters Local 986. The contract between SAG and 986 expired June 1, and negotiations are ongoing. In a statement, SAG declined to provide any details on progress: “Screen Actors Guild and Teamsters Local 986 continue to negotiate for a successor agreement. Having agreed to bargain across the table and not in the media, SAG will have no further comment at this time.”

· The Writers Guild voted a few days ago to revise its credit rules. Variety has details on this relatively technical change. And speaking of WGA credits, why not have end credits for “Additional writing by,” so that all participating writers get credit? Decades ago, the WGA agreement provided for a credit of this sort, but it was eliminated in order to create the often-fictional idea that only a small number of writers contribute to a script. The result: caterers get credit and many writers don’t.

· In other WGA news, the WGA West announced 18 candidates running for 8 open board seats: Robin Schiff, David Shore, David A. Goodman (inc.), Cheryl Heuton, Aaron Mendelsohn (inc.), Katherine Fugate (inc.), Timothy J. Lea, Mick Betancourt, Mark Gunn (inc.), Erich Hoeber, Erica Montolfo, Matt Pyken, Naomi Foner, Karen Harris (inc.), Kathy Kiernan (inc.), Christopher Keyser, Steve Skrovan, Matthew Weiner. (inc. means incumbent, and the order of the list was determined by lot). There will be a candidates night Sept. 7 in LA. Voting is by mail or at the WGA annual meeting Sept. 16, with ballots counted the next day.

· This summer is also SAG election season. The president is not up, but 1/3 of the board is. Candidates are usually announced in late July, with voting closing in late September. No details as yet.

· The WGA East (which has a snazzy new logo) announced 23 new digital media signatories to new contracts, bringing the total number of WGAE digital signatories to 43. Twenty eight writers have become new Guild members as a result of the new contracts.

· Finally, an item from a couple months back: AFTRA and the AFM, which represent recording artists and musicians respectively, sent a letter to the Teamsters supporting efforts by composers and lyricists to unionize. The Teamsters are assisting the efforts of the music scribes, who are among the few non-unionized workers in the business (with computer effects workers being another large group). No word on any progress though.

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Memo to DGA - Please Propose a Tri-Guild New Media Adjustment Committee

Since the WGA negotiations have devolved into nuclear winter, it looks like the next move will be talks between the studios and the DGA. Here's a suggestion/request for the directors: please include, in your proposal to the studios, a tri-guild New Media Adjustment Committee.

What does that mean?

"Tri-guild" - the committee should have members from management and from all three above-the-line guilds (WGA, DGA, SAG), assuming each guild ratifies a similar contract proposal (so that all three guild agreements would contain the same language establishing the committee). The committee might also have members from the IA (IATSE represents many below-the-line workers, i.e. craftspeople), AFTRA (a performers union), and AF of M (musicians union), both of which also have new media issues (since both also receive residuals); however, these latter two unions haven't generally been part of multi-guild committees in the entertainment industry. The committee should also have more-or-less non-aligned members from the legal and agency world, academia, and elsewhere.

"New Media" - the committee's focus would be the issues associated with new media.

"Adjustment Committee" - the committee would have the power to propose and pre-negotiate changes to the WGA, DGA and SAG agreements, so that new media issues aren't dealt with in an almost-indigestible lump on the eve of (or after) contract expiration, which is part of what led to the current, bitter strike.

The committee should meet quarterly or even monthly. It will need research support (sharing of data) from all parties, and a small budget for purchase of research reports and other such expenses. The committee would build relationships with major players and information sources (agencies, attorneys, other guilds, academics, research firms, tech cos., etc.).

The WGA had a Contract Adjustment Committee in the 1990's, with a general focus (it had nothing in particular to do with new media), but I understand that it was not very effective. This time the stakes are higher, because technological change, like the Terminator, will never stop.

This means more of what we've been seeing for the last 10 years: software keeps evolving, business models keep changing, hardware gets smaller, faster and cheaper, data capacities and transmission speeds increase, new web sites spring up overnight with instant audiences, and new technologies are developed on a regular basis.

Where all this leads is unknown, but one thing is clear: Silicon Valley is not going to suddenly take an Ambien and stop innovating. Yet, when it comes to guild agreements, the entertainment industry seems content to snooze between contract renewals.

The guild agreements are multi-hundred page accretions of hard-fought gains, historical accidents, and tough compromises. Unless the entertainment industry establishes a mechanism to modify those contracts on an ongoing basis - rather than attempting to do so under looming deadlines - we may face repeated strikes and near strikes (de facto strikes) at regular, three-year intervals. The 2007 strike is no fun, to put it mildly. Do we really want the same thing in 2010 as well?