SAG National Board Candidates Announced

SAG yesterday released the official list of candidates for its upcoming national board elections.  Notably, all of the open seats in LA (the Hollywood Division) are held by MembershipFirst members, which means that, as was the case last year, MF can at best maintain its level of representation on the national board. More likely, it will lose some of its board seats.

On the Hollywood divisional board, MF could gain or lose, as all division seats are up every year. This contrasts with the national board, where approximately 1/3 of the 69 seats are up in any given year. The president and secretary-treasurer, who are ex officio members of the board, have two-year terms, and are not up for election this year.

Ballots in Hollywood and New York will be mailed on August 24 with a return deadline and tabulation on September 23. Election results are expected to be announced that evening.

The Hollywood Division will elect 13 national board members and 22 alternates. Twelve candidate positions will be seated for a three year term and one candidate position will be seated for a one (1) year term (all national board alternates serve for one year).

The New York Division will elect five national board members and nine alternates. Each seat is for a three-year term.

Directors holding nine other national board seats will be elected from SAG Branches outside Hollywood and New York. Most of them have already been elected - see below.

Hollywood Division National Board Candidates

Candidate names are listed in random order, as they will appear on the ballot. Affiliations – MembershipFirst, Unite for Strength or independent – are indicated where known. Incumbents on the national board (N) and Hollywood board (H) are indicated where known, with data on this based on information from SAGWatch.

Note that anyone from Hollywood who is on the national board is automatically a member of the Hollywood board as well, but not vice versa.

1.  Clancy Brown (MF)

2.  Esai Morales (MF, N, H)

3.  John Tremaine

4.  Mobin Khan

5.  Michael O’Neill (UFS)

6.  Woody Schultz (UFS)

7.  Ron Perlman (UFS)

8.  L. Scott Caldwell (UFS, H)

9.  Valerie Harper (MF, N, H)

10.  Bill Smitrovich (UFS, H)

11.  David Clennon (MF)

12.  David Hillberg

13.  Salazar

14.  Marisol Nichols (UFS)

15.  Pete Antico

16.  Bob Carlson (MF)

17.  Leigh French (Ind)

18.  Angela Watson (MF, N, H)

19.  Jane Austin (MF, N, H)

20.  Jeff Austin (MF, N, H)

21.  Scott Pierce

22.  Jenny Worman (MF, H)

23.  Joe Bologna (MF, H)

24.  Gabrielle Carteris (UFS, H)

25.  Assaf Cohen (UFS)

26.  David Jolliffe (MF)

27.  Sam Jaegar (UFS)

28.  Joe Stevens

29.  Amy Madigan (MF?)

30.  Sumi Haru (MF, N, H)

31.   Dawnn Lewis (UFS, H)

32.   DeWayne Williams

33.   Dileep Rao (UFS)

34.   Renée Taylor (MF, H)

35.   Paul Napier (MF)

36.   Mimi Cozzens (UFS)

37.   Christine Lakin (UFS)

38.   William Charlton (UFS)

39.   Clyde Kusatsu (UFS, H)

40.   Alan Rosenberg (MF, H)

41.   Conrad E. Palmisano (UFS)

42.   Larry Joshua

43.   William Mapother (MF, N, H)

44.   Bernie Casey (MF, H)

45.   Michelle Allsopp (UFS, H)

46.   Ned Vaughn (UFS)

47.   Jason George (UFS, H)

48.   Rico Bueno (Ind?)

49.   Patrick Fabian (UFS, H)

50.   Hector Herrera

51.   Marcia Strassman (UFS)

52.   Mandy Steckelberg (UFS, H)

53.   Clark Gregg (UFS)

54.   Bertila Damas (UFS)

55.   Jon Huertas (UFS)

56.   Joe d’Angerio (MF, N, H)

57.   Tara Radcliffe (UFS)

58.   Ellen Crawford (UFS)

59.   Alan Ruck (MF)

60.   Michele Santopietro (MF?)

61.   Clint Howard

62.   Donal Logue (UFS)

63.   Gilles Marini (UFS)

64.   Stacey Travis (UFS, H)

65.   Peter Kwong (MF?)

66.   Sarayu Rao (UFS)

67.   Jeff Garlin (UFS)

68.   Michael O’Keefe (UFS, H)

69.   Nancy Sinatra (MF, N, H)

70.   Jenny O’Hara (UFS, H)

71.   Matt Crabtree

72.   D.W. Moffett (UFS, H)

73.   Frances Fisher (MF, N, H)

74.   Carole Elliott (MF)

75.   Reneé Aubry (MF)

New York Division National Board Candidates

Candidate names are listed in order by randomly selecting a letter and then listing candidate names alphabetically by last name starting with the letter selected. The letter “U” was randomly selected, but there are no names that start with U, V, W, X, Y or Z, so the list wraps around, and “A” becomes the first to be listed. Following is the order in which they will appear on the ballot.

All listed candidates are part of United Screen Actors Nationwide, a NY based slate that generally votes the same as UFS, with the exception of Tom Nonnon, who is independent.

1.  Manny Alfaro

2.  Dave Bachman

3.  Marc Baron

4.  Justin Barrett

5.  Andrew Dolan

6.  Maureen Donnelly

7.  Nancy Giles

8.  Mike Hodge

9.  Richard Masur

10.  Sue-Anne Morrow

11.  Joe Narciso

12.  Tom Nonnon

13.  Jay Potter

14.  John Rothman

15.  Kevin Scullin

2010 SAG Regional Branch Division Board Election Candidates

Candidate names are listed in alphabetical order, as they will appear on the ballot. In most Regional Branches where candidates ran for office unopposed, the candidates may be declared elected without the necessity of a membership vote*.

Arizona

Steve Fried* (elected)

Chicago

Todd Hissong

Florida

Nancy Duerr* (elected)

Georgia

Debra Nelson* (elected)

Houston

Robert Nelson* (elected)

New Mexico

Roy Costley* (elected)

San Francisco

Tom Chantler* (elected)

Seattle

Abby Dylan* (elected)

Utah

Anne Sward* (elected)

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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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SAG Approves Joint Bargaining with AFTRA

The Screen Actors Guild national board this morning approved an agreement to hold joint negotiations with AFTRA with the studio alliance (AMPTP) later this year, for 45 days starting on October 1. That was the date for SAG and the AMPTP to begin early negotiations. Now it will be SAG and AFTRA jointly meeting with the AMPTP. The vote was expected, and was by a strong margin: 78% to 22%, according to a SAG spokeswoman.

This is good news for the industry, and dramatically reduces the possibility of further labor disturbance in the upcoming negotiating cycle. AFTRA’s national board approved joint bargaining three weeks ago, on February 27, so all that remains is presumably finalizing the text of the joint bargaining agreement and then signing on the dotted line.

AFTRA and the AMPTP had no comment.

A Membership First crowd of demonstrators outside the SAG meeting was minimal – about 20 to 25 people by reports from non-MF sources. Emails to MF were not immediately returned.

Rosenberg v. SAG: Court of Appeal Implies Appeal May be Moot

Alan Rosenberg is no longer president of SAG, nor even a national board member, but his lawsuit against his own union drags on pointlessly. Believe it or not, he’s still trying to undo Doug Allen’s firing, the appointment of David White, the ratification of the TV/theatrical contract and, no doubt, the discovery of a new ring around Saturn. That last is probably a particularly bitter blow for the ex-president.

Rosenberg and his fellow Membership First plaintiffs 1st VP Anne-Marie-Johnson and board members Diane Ladd and Kent McCord might see some reason to continue the charade, but the Court of Appeal is apparently more skeptical: in a one-paragraph letter to counsel last week, the court asked both sides’ lawyers to be prepared to discuss at oral argument whether the appeal is moot, given that the SAG board reaffirmed Allen’s dismissal and White’s appointment, and the membership at large ratified the TV/theatrical agreement.

The oral argument in this farce is set for a week from tomorrow, October 20, but regardless of what happens, the case continues in the trial court — unless, perhaps, that judge, as well as the appellate judges, can be persuaded that courts have better things to do than try to madly shove toothpaste back into an already discarded tube.

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SAG: Four Hardline Horsemen in the National Board Room

Thursday’s SAG election was a victory for the moderate coalition. Yet, strangely enough, the leaders of the losing hardline faction will all find seats on the national board, and will continue to be a shadow government within the union’s Hollywood board—a board on which none of the key moderate leaders will be voting members.

Yes, the moderates (Unite for Strength (UFS) / USAN / RBD / independents) won the national offices – President and Secretary-Treasurer – and picked up additional national board seats and many on the Hollywood board as well. But with SAG, the story is never simple.

In fact, paradoxically, 1^st VP and failed Membership First presidential candidate Anne-Marie Johnson will probably continue as 1^st VP, ex-president Alan Rosenberg will almost certainly be back on the national board in a matter of days despite winning only an alternate seat, MF leader David Joliffe will probably be on the Hollywood board and effectively on the national board, and MF leader Kent McCord continues on the national and Hollywood boards.

Meanwhile, none of the key moderate leaders will be on the Hollywood board— Unite for Strength leaders Ned Vaughn, Assaf Cohen, Ken Howard and Amy Aquino are all off of that board, at least as voting members (the latter two will serve ex-officio, as non-voting members). Tough independent and former presidential candidate Morgan Fairchild remains, but she’s not a member of the UFS slate and thus doesn’t occupy a leadership position in that group. UFS-ers Adam Arkin and Amy Brenneman also remain, and perhaps will emerge to fill the gap.

How could the election yield so much change in the national offices and so little in the Hollywood Division? Here’s the scenario [UPDATED: Para. 3 is new.]:

1. The moderates seemingly have 27 seats on the Hollywood board out of 55 (because 27 = 6 seats pre-election plus 21 additional seats won in the election). That’s a tad less than half (49%). It would seemingly take peeling off one more vote from MF for the moderates to control the Hollywood board.

2. However, look closer. One of those 6 pre-election seats was held by Ken Howard. Under the SAG Constitution and By-Laws, a national officer can’t also be an elected member of the national board or a Divisional board. So, the day he became president, Howard lost his elected seat on the national and Hollywood boards, and, indeed, his name has been replaced on SAG website listings with “(1 TBD).” That leaves the moderates with 26 seats on the Hollywood board out of 54. That’s less than half by an even greater margin (48%). Now it would take 2 more votes, rather than just one, for the moderates to control the Hollywood board.

3. But, when it comes to electing officers (such as 1^st VP) or selecting replacements for the Hollywood and national boards, the news is even bleaker for moderates. That’s because the Hollywood Division Rules of Procedure specify that for such purposes, the only Hollywood Division board members who can vote are national board members (or alternates sitting in for them) from the Hollywood Division. There are 32 such people (33 minus the vacant Ken Howard seat). The moderates control only 9 of those seats, whereas MF has 23.

4. So, Membership First controls who the Hollywood board elects, unless 8 MF-ers break ranks. If that doesn’t happen (and it’s not likely), then MF will fill the TBD vacancy. Whom will they select? Almost certainly Alan Rosenberg, whom they would elevate from national board alternate (which is the office he won on Thursday) to full national board member from the Hollywood division.

5. Thus, although Rosenberg’s presidency was so discredited in many members’ eyes that he couldn’t even win a board seat, he’s likely to end up with one anyway. This would take place at the next Hollywood board meeting, which is scheduled for October 5.

6. Elevating Rosenberg leaves his alternate seat vacant. So, MF would then vote to appoint its longtime leader David Joliffe as a national alternate (and Hollywood board member). That effectively appoints him to the national board, because one or more of MF celebrity board members (which include Martin Sheen, Ed Harris, Elliott Gould and Ed Asner) will usually be absent from national board meetings.

7. MF will also presumably vote to appoint newly reelected board member Anne-Marie Johnson as 1^st VP (the VP office from Hollywood) and thus as Divisional chair, to the extent that she doesn’t automatically continue in these offices (note that the updated SAG website still lists her as 1^st VP and divisional rules say that the 1^st VP is also the chair). This is possible because Johnson ran for two seats in this election—president, but also, as a backup, national board member. She won the latter.

8. As a result, MF will have skilled leadership as voting members in the Hollywood board room, namely, all four of its core leaders: Johnson, Rosenberg, Jolliffe and, continuing on the national and Hollywood boards, Kent McCord.

9. In contrast, Unite for Strength will have none of its leaders as voting members in the Hollywood boardroom: Ned Vaughn and Assaf Cohen didn’t win seats on the Hollywood or national boards, and Ken Howard and Amy Aquino, as national officers, are non-voting, ex officio members of the Hollywood board, as well as the NY and RBD (Regional Branch Division) boards. One wonders whether Howard and/or Aquino will be able to find time to attend every Hollywood board meeting. In any case, their formal roles would be very circumscribed; under the Constitution and By-Laws, they’re not even allowed to make motions or “initiate any other parliamentary procedures.”

10. Note also that the Hollywood board gets to appoint the Hollywood members of the TV/theatrical contract negotiating committee, if there is one, and that Hollywood has a majority on that committee. That suggests that negotiation will once again have to be handled by a task force appointed by the whole board, not by a committee appointed on a Division by Division basis. (It’s unclear to me whether the task force appointed earlier this year is still in existence.) Unless, that is, SAG and AFTRA are able to reestablish joint bargaining under the Phase 1 agreement.

11. Remember too that it was the Hollywood board that passed a resolution expressing the goal that SAG “acquire actors of AFTRA,” i.e. in some mystical fashion divesting AFTRA of its actors and absorbing all of them in SAG. Anne-Marie Johnson ran for and won a seat on the AFTRA board—despite saying it was distasteful to run—giving her an internal platform for this goal as well. We can expect MF to seek to terminate the anti-disparagement agreement so that the Hollywood board will be free to express its anti-AFTRA views without financial repercussion to SAG.

Bottom line: SAG’s byzantine governance structure and geographical divisiveness will once again facilitate disunity. Among other things, the question becomes, will SAG and AFTRA be able to reestablish Phase 1 joint bargaining? The divided governance certainly makes it harder.

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SAG Moderates Win Presidency, Secr. + Additional 4 Natl Seats

In a victory for the SAG moderate coalition (Unite for Strength / USAN / independents), the UFS candidates for president, Ken Howard, and secretary, Amy Aquino, won the union's national offices.

However, the election was close: Howard's total was slightly less than the two hardline candidates added together (Anne-Marie Johnson and Seymour Cassel) and Aquino's was slightly more than that of incumbent Connie Stevens. So the union is still very divided, and Howard acknowledged that the results were not a landslide and that the union is very divided, while saying that he planned to reach out to MF supporters.

On the national board, the moderates showed strength as well: They picked up 4 of 11 seats in Hollywood and held all of the NY and regional (RBD) seats. I estimate that this brings the moderate's board majority to around 60%, vs. 40% for MF, but that's a very rough calculation and I'm not sure at this point.

On the Hollywood board, the results were more dramatic: 21 of 33 Hollywood board seats went to the moderates. Added to the 6 they (and independents) already control, that's 27 out of 55 - just shy of 50%.

UFS spokesman Ned Vaughn said he expected to see SAG and AFTRA jointly negotiating wih the studios next year. Howard said he'd reach out to AFTRA and the other guids. On the subject of merger with AFTRA, Howard disputed claims from 6 years ago that merger would hurt SAG members' pensions.

The challenge for the moderates is to build a record of accomplishment, hire David White on a permanent basis, build relations with AFTRA and other guilds/unions, pick up more seats in next years' July-Sept elections, then go into negotiations with the studios Oct. 1 (2010, i.e., next year). After that - work on merger. A tough road ahead.
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SAG Press Release:

KEN HOWARD ELECTED AS SCREEN ACTORS GUILD PRESIDENT;
AMY AQUINO ELECTED AS SECRETARY-TREASURER

Guild Also Announces Results of National Board Elections

Los Angeles (September 24, 2009)—Screen Actors Guild today announced results of elections for its top two elected positions. Ken Howard will serve as Screen Actors Guild president and Amy Aquino will serve as secretary-treasurer. Both will serve two-year terms beginning September 25.

Ballots were mailed to 99,485 paid-up SAG members on August 25, and 27,295 were tabulated today, for a return of 27.44 percent. Presidential candidates Ken Howard received 12,895 votes, with Anne-Marie Johnson coming in second with 8,906 votes, Seymour Cassel got 4,838 votes, and Asmar Muhammad received 402 votes.

“I’d like to be among the first to extend my heartfelt congratulations to our newly elected Screen Actors Guild national leadership. I look forward to working closely with our new president, Ken Howard, and new secretary-treasurer, Amy Aquino, as we focus on the wide range of critical issues facing our members in the coming year,” said SAG Interim National Executive Director David White. “I also extend my thanks, and the gratitude of SAG members and staff to Alan Rosenberg and Connie Stevens for their service and sacrifice on behalf of our union.”

“I am deeply honored to be chosen by the membership to lead the Screen Actors Guild,” said Ken Howard. “I campaigned on the promise that I’d do everything in my power to strengthen our position at the bargaining table by building a greater unity with AFTRA and the other entertainment unions, and that’s exactly what I intend to do. Despite the sharp differences that those of us active in Guild affairs sometimes have over strategy and tactics, we need to continually remind ourselves that we’re all on the same team, fighting for the same thing — and by pulling together, we’ll only grow stronger.”

“I am truly honored that the members have entrusted me with this responsibility,” said Amy Aquino. “Progress has already been made toward strengthening SAG’s finances and I want to make sure it continues. Only by fortifying SAG in this way can we hope to ensure the protections that performers need in these challenging times.”

Screen Actors Guild also announced election results for the National Board of Directors. Twenty-two of the 69 national board seats were open for election this year, representing Screen Actors Guild’s Hollywood, New York and Regional Branch divisions.

“It is my privilege to welcome and congratulate our newly elected Screen Actors Guild National Board of Directors for 2009-2010,” said White. “Along with our staff nationwide, I look forward to working with them to pursue a robust agenda as we navigate the Guild through these changing times.”

The National Board members elected today will assume office on September 25 for terms of three years.

SAG’s Hollywood Division elected eleven National Board members; the New York Division elected four National Board members; and seven National Board members were elected from the union’s branches in Chicago, Colorado, Florida, Hawaii, Philadelphia, Portland and San Diego.

National Board members elected from the Hollywood Division: Martin Sheen, Ed Harris, Elliott Gould, Ed Asner, Anne-Marie Johnson, Connie Stevens, Diane Ladd, Dulé Hill, Hill Harper, Nancy Travis, and Marcia Wallace (all three-year terms).

The following were elected to serve as National Board alternates and to the Hollywood Division Board of Directors (all one-year terms). Gabrielle Carteris, Jenny O’Hara, Michael O’Keefe, Clyde Kusatsu, Dawnn Lewis, Doug Savant, Michelle Allsopp, Alan Rosenberg, D. W. Moffett, Joe Bologna, Robert Hays, Jason George, L. Scott Caldwell, Clark Gregg, Patrick Fabian, Bill Smitrovich, Ellen Crawford, Stacey Travis, Mandy Steckelberg, Renee Taylor, Bernie Casey and John Carroll Lynch.

National Board members elected from the New York Division: Sharon Washington, Monica Trombetta, Sam Freed and Liz Zazzi (all three-year terms). Additionally, New York Division members elected Mike Hodge as NY Division President.

The following were elected to serve as national board alternates and to the New York Division board of directors (all one-year terms.) Manny Alfaro, Sheila Head, Marc Baron, Joe Narciso, Jay Potter, Dave Bachman, John Rothman, Kevin Scullin and Justin Barrett.

National Board members elected from the Regional Branch Division: John Carter Brown (Chicago – three-year term), David Hartley-Margolin (Colorado – three-year term), Dave Corey (Florida – three-year term), Scott Rogers (Hawaii – three-year term), Helen McNutt (Philadelphia – three-year term), Mary McDonald-Lewis (Portland – three-year term), Don Ahles (San Diego – three-year term).

Ballots for all eligible SAG members in Hollywood and New York were mailed on August 25 with a September 24 return deadline and were tabulated today by the independent election company Integrity Voting Systems. A total of 13,718 ballots were tabulated in the Hollywood Division (representing 25.25 percent of ballots mailed in the Hollywood Division) and 5,997 ballots were tabulated in the New York Division (representing 26.11 percent of ballots mailed in the New York Division). The number of ballots returned in the Regional Branch elections varied by region.

For complete results, please visit SAG.org.

SAG Presidential Election Close

A well-placed source says the SAG presidential election is very close. It's a reliable source, but only a single source. Caveat emptor. Not surprising, given how long it's taking to get results - over 3-1/2 hrs past first predicted time (6:38 pm vs 3:00 pm, LA time).

SAG Moderates Win NY & Everywhere Else

According to unofficial sources, and as SAGWatch is reporting, SAG moderates have won every open NY Board seat that was up, and all the regional seats that were up as well.

Hollywood results are not in yet (expected in 1.5 hrs or so), but all the seats up in Hollywood are hardline Membership First - thus, they can only lose more seats, or hold Hollywood numbers at best.

Presidential and Secretary results are expected in 1.5 hrs also, but the NY and RBD (regional) results don't bode well for MF, especially since two hardline presidential candidates (Anne-Marie Johnson and Seymour Cassel) are splitting the hardline vote. The interesting question will be whether moderate Unite for Strength candidate Ken Howard achieves a vote total greater than the sum of Johnson and Cassel.

If not, the hardliners can be expected to declare a moral victory, and the signal to AFTRA may be that SAG has still not turned a corner sufficient to realistically talk about merger. Indeed, unless Howard gets well over 60% of the vote, AFTRA may still be gun shy, since 60% is the threshold needing to approve merger. SAG has failed twice in the last decade to achieve that threshold, and AFTRA leaders have indicated that they won't discuss merger unless the signals from SAG are more favorable than they have been.

Either way, management should remember that moderates as well as hardliners have indicated that they will be ready to seek a strike authorization during the next negotiations if necessary, as I reported recently. It's going to take flexible negotiations by management to avoid a meltdown in 2010 (early negotiations start Oct. 1, 2010,just a year away) and 2011.

More later.

AMJ: If I’m Elected, David White is Out

In a campaign video, Membership First’s candidate for SAG president, Anne-Marie Johnson says that one her first proposals as new president would be to recommend to the national board that “a search committee be seated . . . immediately” to replace SAG interim National Executive Director David White. Ousted NED Doug Allen would "probably" not come back.

That’s the same David White under whose administration (and chief negotiator John McGuire) multiple SAG collective bargaining agreements were finally signed, including the two largest: the TV/theatrical contract, which Membership First stalemated for a year, and the commercials contract, which was delayed by that stalemate. In contrast, Membership First, under the Doug Allen administration, closed no deals at all.

Johnson justifies her position by asserting White has made clear he was solely the interim NED, but that seems misleading: so far as I’m aware, White never said he didn’t want the job on a permanent basis. So far as I’m aware, White has never taken a public position on this one way or the other.

So if AMJ wants White out, would Doug Allen be coming back? Johnson says she has “no idea.” After praising Allen, she goes on the speculate that he’s doing other things and would “probably not be available for the job.”

The video is about 9 minutes long; the discussion of the NED begins about 3 minutes into it and continues for several minutes.

Rosenberg v. SAG Lawsuit Reply Brief Filed

The appeal grinds on. SAG president Alan Rosenberg and three other Membership First hardliners (1st VP Anne-Marie Johnson and board members Diane Ladd and Kent McCord) filed their reply brief earlier this week.

I'm told there will be oral argument (unscheduled as yet). That'll drive up the price to SAG of this nonsense by probably about $5,000 more: I'd imagine several attorneys for a mock practice session for several hours, then two attorneys for oral argument for a half day or so. Members' dues money at work, thanks to MembershipFirst.

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SAG President’s Anti-SAG Suit Continues

For those who like keeping up with legal dockets, SAG a few days ago filed its Respondent’s Brief in the appeals court case that stems from the lawsuit filed by SAG president Alan Rosenberg and three other Membership First hardliners (1st VP Anne-Marie Johnson and board members Diane Ladd and Kent McCord) against their own union.

Rosenberg et al will shortly file another brief, then (as I’ve previously outlined) there may be oral argument and then there will ultimately be a decision. But that’s just on the appeal. The case also proceeds in the lower court as well, and will probably continue to do so regardless of the outcome in the appellate court. Not that there’s any good reason for this case to continue in either court . . .

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SAG Lawsuit Still Grinds On; Court Denies SAG’s Motion to Dismiss Appeal

As I previously reported, SAG’s counsel in late May filed a motion to dismiss the appeal by SAG president Alan Rosenberg and three other Membership First hardliners (1st VP Anne-Marie Johnson and board members Diane Ladd and Kent McCord) of a Superior Court order that denied their application for a temporary restraining order. On June 5—just days before the new TV/theatrical contracts were ratified—Rosenberg et al. filed a brief opposing the motion to dismiss.

Unfortunately, the Court of Appeals on June 9 issued a one-sentence order denying the motion to dismiss, presumably meaning that the appeal is too complex to be decided without oral argument (or, at least, full briefing). So, the appeal grinds on. Rosenberg et al. previously filed their brief in the appeal. SAG’s responsive brief is due July 1. Thereafter, Rosenberg et al. get to file a reply brief, and then there will probably be oral argument at some point. Within 90 days after the oral argument, the court will issue its ruling.

In other words, the appeal will probably drag on until sometime in November unless Rosenberg et al. are persuaded to drop it. Meanwhile, the suit itself proceeds in the trial court as well. Confused as to how a case can proceed in two courts at once? Well, it happens, and the legal fees aren’t cheap. All of this sounds like a campaign issue that Unite for Strength will probably raise—why reelect a president who persists in suing his own union? UPDATE: Indeed, as SAGWatch points out, by continuing to pursue their lawsuit, Rosenberg et al. are reneging on a promise Anne-Marie Johnson publicly made to withdraw the suit if the TV/theatrical contracts were approved.

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TV Series Pickups Favor AFTRA 5 to 1

Several months ago, we learned that pilot season this year was 94% AFTRA (or 87% by some calculations), a complete 180 from its usual 90% SAG. That didn’t look good for SAG, but a few Membership First hardliners urged us to wait and see how the all-important series pickups turned out.

Not so well, we now know—at least, not so well from a SAG perspective. The AP is reporting that 25 out of 30 shows picked up by broadcast networks this spring were AFTRA and just five were SAG. That’s about 83% AFTRA to 17% SAG—not much better for SAG than the pilot numbers. In contrast, last year’s figures, according to the AP, were 3 AFTRA and 19 SAG, i.e., 14% AFTRA and 86% SAG. In other words, a complete 180.

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Three Membership First Candidates Elected to AFTRA Boards

The AFTRA Los Angeles results are in. Many candidates were reelected, but new winners include two Membership First leaders—SAG 1^st VP Anne-Marie Johnson (AFTRA national board) and former SAG Hollywood Board member David Jolliffe (AFTRA Los Angeles local board)—as well as Membership First member Alan Ruck (AFTRA national board). They join several MF stalwarts already on the national board (not sure about the LA local board).

Johnson and Jolliffe bring a particularly interesting dynamic to the AFTRA boards. Johnson, for instance, in a recent video described running for the AFTRA board as “really distasteful for me” and accused AFTRA of leech[ing] off of [SAG].” Jolliffe, for his part, told me in an interview last summer that SAG was the “one union for actors.” These remarks certainly make one skeptical of their intentions as they join the AFTRA boards.

I'm told by a source that even with these new board members, Membership First still controls less than 10% of the votes on AFTRA’s national board. They now have 7 seats (out of 73 total on the board) – Frances Fischer, Sumi Haru, Jane Austin, Jeff Austin, Anne-Marie Johnson, Alan Ruck, and Bonnie Bartlett.

3,262 valid ballots were received in the election, which was for LA only. I’m not sure what percentage turnout that represents, but I’m asking AFTRA. However, given that the union has 70,000 members nationwide, I’m guessing that this turnout is probably on the order of 10%.

In any case, the small number of ballots makes it impossible, in my view, to extrapolate from these results and make predictions about the upcoming SAG elections (July through September), let alone the contract ratification vote (ballots due in by mail next Tuesday, so there’s only a day or so left to send in ballots).

Below is the AFTRA press release with complete information on the election.

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Election Results for Los Angeles Officers, Los Angeles and National Board

Members, and Convention Delegates

AFTRA LA President Ron Morgan Reelected

LOS ANGELES, CA (June 3, 2009)---The American Federation of Television and Radio Artists announced today election results for the AFTRA Los Angeles Local.

Actor Ron Morgan was re-elected President of AFTRA Los Angeles and will begin his new two-year term as Local President on July 1; he ran unopposed in his bid for reelection. Mr. Morgan was also elected to the AFTRA National Board of Directors for a four-year term; he also serves as a National Vice President of the union.

Also uncontested in their reelection for two-year terms as officers for AFTRA Los Angeles were First Vice President Susan Boyd Joyce, a singer; actor Gabrielle Carteris, Second Vice President; Third Vice President Bobbie Bates, a dancer; Fourth VP Jason George, an actor; Recording Secretary Patrika Darbo, an actor; and actor Jay Gerber continues as Treasurer.

Reelected to three-year terms on the Los Angeles Local Board of Directors were actors David Bowe, Raza Burgee, Andrew Caple-Shaw, Gabrielle Carteris, Bob Joles, Kate Linder, and Paul Napier; announcer Mike Sakellarides; dancer Galen Hooks; broadcaster Pepe Barreto; and singers Susan Boyd Joyce and Dick Wells. Incoming Los Angeles Local Board members include actors David Andriole, Mimi Cozzens, David Jolliffe, Marcia Strassman; and announcer Chuck Southcott.

AFTRA National Board members from the Los Angeles Local reelected to four-year terms include actors Gabrielle Carteris, Jay Gerber, Ron Morgan, and Paul Petersen; dancer Bobbie Bates; and singers Susan Boyd Joyce and Sally Stevens. Newly-elected to the AFTRA National Board are actors Anne-Marie Johnson, D. W. Moffett, Jason Priestley, and Alan Ruck.

One-hundred-and-ninety-eight (198) Los Angeles Delegates to AFTRA's 62nd National Convention were also elected. The National Convention will be held August 6 - 8 in Chicago, Illinois.

There are 73 seats total on the new AFTRA National Board, which will be officially seated following AFTRA's National Convention on August 9 in Chicago, Illinois. The AFTRA Los Angeles Local will be assigned 26 seats on the new National Board; 13 were up for election, 11 were open seats and two seats were assigned to the Announcer category and the Newsperson category, respectively.

All AFTRA Los Angeles Local officer and board terms begin July 1. The AFTRA National Board terms begin at the conclusion of this summer's National Convention.

A total of 3,262 valid ballots were received in the AFTRA Los Angeles election.

Interview with Anne-Marie Johnson

Andrew Salomon over at Back Stage magazine's Blog Stage has an excellent and revealing interview with SAG 1st VP Anne-Marie Johnson.

Report on SAG NY Town Hall Meeting

SAG held a town hall meeting in NY last night to provide information re the TV/theatrical contract. It comes a bit late in the process, since the ballots are due back in the mail by next Tuesday, June 9. That means that the last day to reliably mail the ballots is probably Friday, or even Thursday, depending on your faith in the USPS and its vagaries. It also means that we have probably seen the end of the multitude of pro and con videos deployed on the SAG website, Membership First website, and YouTube.

Variety reports the turnout was slim—about 100 actors. SAGWatch infers, accurately I think, that most people have already voted and would have little reason to attend an informational meeting at this point.

The Variety report notes that attendees included SAG interim NED David White, President Alan Rosenberg, MF-ers 1^st VP Anne-Marie Johnson and Scott Wilson, while supporters of the deal included Dan Lauria, Dylan Baker, SAG 2nd VP Sam Freed and board members Ralph Byers, Paul Christie, Rebecca Damon, Mike Hodge and Kevin Scullin.

A source, who spoke on condition of anonymity, tells me that the MF folks (perhaps 15-20 people) were rowdy, booing people and apparently having their cell phones call en masse to disrupt the meeting.

However, the most interesting thing the source told me is that after the meeting the source spoke individually with Alan Rosenberg and asked whether he would attempt to have SAG reimburse him for his legal fees incurred in the lawsuit he, Johnson, Diane Ladd and Kent McCord files against SAG itself, a suit that has received denials in both the trial and appellate courts but nonetheless continues at both levels.

What’s interesting Rosenberg’s response, as reported by the source: “I don’t have any legal fees. It’s pro bono.” This is a problem—if true, it would explain in part why Rosenberg and his co-plaintiffs continue the futile and disruptive suit against SAG, which is burning up the union’s money at a that the guild has ben left with a $6 million deficit by MF. It’s also a small benefit, in that the plaintiffs will have no legal fees to extract from SAG if they were to recover control of the national board.

I emailed Rosenberg requesting comment on the source’s report and his assistant replied that his response was as follows: “This is a private matter and I don’t want to speak about it publicly”. “I have no further comment”.

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SAG-AFTRA Ratify Advertising Agreement; SAG Townhall Features Fireworks

SAG and AFTRA announced yesterday that their combined paid-up membership, about 132,000 members, overwhelmingly ratified the contracts between the unions and the advertising industry. The result was expected, as there was no organized opposition. About 28% returned their ballots, about typical. Of those voting, about 94% voted yes. The deals expire March 31, 2012.

The news from the TV/theatrical side is nowhere near as placid. The ballots went out a few days ago—they’re due back June 9—and SAG’s conducting a series of town hall meetings across the country. The first was last night in Hollywood, and the fur flew. About 600 people attended according to a staff count; although the crowd was reportedly 70% composed of hardline Membership First partisans, they didn’t manage to fill the room. That’s a bit surprising. I’d expected an overflow crowd, given their (apparent?) strength in Hollywood.

What they slightly lacked in numbers, they made up in volume and conviction, according to sources inside the room. Fellow MF-ers like SAG President Alan Rosenberg were applauded for their statements against ratification, while pro-contract voices such as SAG interim National Executive Director David White were booed. The approximately three-hour confab kicked off with statements from the dais, and was mostly taken up by member questions and comments, which were described as overwhelmingly anti-ratification.

That dais, by the way, included SAG Secretary/Treasurer Connie Stevens, chief negotiator John McGuire, White, SAG 1^st VP Anne-Marie Johnson (who chaired the meeting), Unite for Strength leader Ned Vaughn, UFS-er Stacey Travis, Deputy NED Ray Rodriguez, and Rosenberg. General Counsel Duncan Crabtree-Ireland responded to questions from time to time.

According to Vaughn, Rosenberg was asked at the meeting what he proposed the union do if it voted down the deal. Rosenberg apparently replied that the union should get a strike authorization and then, if necessary, strike. How he expects to conjure up the necessary 75% vote for a strike authorization is unclear. In contrast to that high hurdle, it only takes 50% + 1 (a simple majority) to ratify the deal.

More colorful speakers at the meeting were Ed Asner and Seymour Cassel. Asner compared the contract’s effect on actors to “taking the Jews out and shooting them,” leading one audience member to comment that he hadn’t expected Holocaust metaphors at a SAG meeting. Well, why not? SAG politics seem to know no bounds.

Cassel, for his part, spotted former SAG president Melissa Gilbert, a moderate, and, standing at the mic, referred to her dismissively. Cassel later responded to one of David White's comments by saying “bullshit.” This was understandably too much for Johnson, as chair of the meeting, and she ordered Cassel to leave. Out in the hallway, Cassel told me that “I tend to speak my mind, perhaps too candidly.” That certainly seems true.

Another notable out in the hall was Nichelle Nichols, who played Uhura on the original Star Trek. We chatted briefly about the Star Trek movie, not SAG politics, let alone Trekian essays about SAG politics. There was also a Jack Nicholson lookalike, wearing a snappy suit, white shoes, and tinted eyeglasses. Maybe it was Jack Nicholson, but somehow I wouldn’t expect to see him aimlessly wandering the halls at a SAG meeting and using the hotel ATM.

David White chatted for a bit after the meeting, and explained the contrast between his reaction to the studios’ February offer (it “sucks,” he said at the time) and the current one (“a good deal with solid gains,” he told me yesterday, and, in the context of the economy and the dragged out negotiating process, even a “fantastic” one). The key difference is the contract expiration date, which in the current deal is synchronized with the WGA, AFTRA and DGA (mid-2011). In the February deal, it wasn’t, and the significance is that synchronicity allows at least some of the unions to make common cause and present a united front when the contract is up.

White previously predicted the deal would pass, so this time I asked whether he thought it would pass in Hollywood. (That’s not necessary for passage, but it would give some signal of a reduction in divisiveness within the union.) He predicted it would, citing the strong messages of support he was receiving from Hollywood members (though not at the meeting), but noting judiciously that “members will vote their conscience.”

Ned Vaughn also told me the deal would pass, both in Hollywood and nationally. He pointed to the importance of consolidating gains and negotiating in solidarity with other unions, especially AFTRA, in 2011. I asked if he thought SAG and AFTRA would be merged by 2011, and he replied that he “would love it if they were.”

A contrasting post-meeting voice was MF stalwart and SAG board member Clancy Brown, who explained his opposition to the deal in more measured terms than Asner and Cassel had used. He argued that “there’s a better deal out there to be had,” and cited “the paltry Internet move over residual” and the “larcenous” force majeure settlement as reasons.

The day before, I spoke with 2^nd VP Sam Freed, who is president of the New York board, and separately with board member Mike Pniewski of Atlanta, both supporters of ratification. The latter predicted the deal will pass, and commented that the guild “got the best deal we can.” He cited a variety of positive aspects of the deal, and underlined the need for “stability in the marketplace” for labor.

Freed pointed to the estimated $105 million value of the deal, and said it addresses “the plight of the middle class actor.” He emphasized that the level of concern MF expresses over new media was not supported by current figures: of $1.3 billion in SAG earnings in 2008, Freed told me only 0.05% came from new media. (That’s one-twentieth of one percent, not 5%.) Alluding to the opposition, he quipped “There’s a guy who would be complaining if it was raining vegetable soup and he only had a fork in his hand.”

In other union news, Variety reports that 85 year-old actor Theodore Bikel “has been re-elected to an 11th two-year term as president of the Associated Actors and Artistes of America.” The 4-A’s, as it’s known, is in turn a unit of the AFL-CIO. Its affiliates are AFTRA, SAG, Actors’ Equity and several smaller performers unions: American Guild of Musical Artists (AGMA), American Guild of Variety Artists (AGVA), and the Guild of Italian American Actors. AFTRA has a direct charter with the AFL-CIO, awarded last year. The other unions are chartered with the 4-A’s, as far as I know, and derive their AFL-CIO affiliation that way (as did AFTRA prior to 2008).

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SAG’s Strange Voyage

Where did the Screen Actors Guild go? After months of news—a near daily barrage covered diligently by various journalists and citizen-journalists, including this author—the guild fell off the radar screen. It was as though 5757 Wilshire, SAG’s national headquarters, somehow disappeared into the black hole that features so prominently in (spoiler alert) the latest “Star Trek” movie.

The quiet was deceptive however. Last week, SAG’s Hollywood board, controlled by the hardline Membership First faction, passed a resolution establishing a task force “to explore the acquisition of actors of AFTRA.” That appears to violate an agreement between the two unions that prohibits disparagement and raiding. The AFL-CIO is currently investigating, and monetary fines are a possibility. The irony is that the guild, controlled (albeit narrowly) by a moderate majority (composed of the Hollywood-based Unite for Strength faction coupled with Hollywood independents and New York and regional members), could find itself punished because of the actions of the autonomous Hollywood Board, controlled by the hardliners. Unfortunately, SAG’s governance structure ensures that there will always be too many starship captains on the bridge at once.

Meanwhile, within SAG itself another battle is looming, and here again the phasers will not be set on stun. Tensions between the hardliners and the moderates rival those between the Federation and the Romulans, and are about to break out again into open war—this time, as the guild membership prepares to vote on the TV/theatrical contract, which was recently approved by the SAG negotiating task force and the guild’s national board. Ballots are being sent to the membership at large today, May 19.

The stakes are high. Ratification will end an almost eleven month stalemate and restart studio theatrical production, which has been at a virtual standstill since the previous contract expired on June 30 last year. Rejection will plunge the union and the AMPTP—the alliance that represents studios and producers—back into stalemate, once again adrift in uncharted nebulas. Nonetheless, the hardliners have pledged to defeat the deal. Although they seem unlikely to succeed—a recent picnic/rally drew at most 70 attendees—they will drive the percentage of ratification down.

For almost two years, the hardliners have acted as though they come from another galaxy, or at least from Planet Claire, where (as the B-52’s explained) “no one has a head.” They started by trying to unilaterally reduce AFTRA’s power on the committee that for decades has jointly bargained the TV/theatrical contract. AFTRA ultimately responded by abandoning the joint arrangement, called Phase 1, and negotiating its own deal with the studios. The hardliners, who at the time controlled the guild, should have foreseen this result, and its effect, which was to reduce not AFTRA’s power but SAG’s.

Compounding this misstep, SAG delayed negotiating with the AMPTP until the contract was almost at the point of expiration. The studios’ response was unsurprising: they accelerated production, stockpiled films, then presented SAG with a take it or leave it offer whose terms mirrored that of the AFTRA deal and, in a key area, mirrored the terms of the Directors Guild and Writers Guild deals as well.

That key area, as even those on the dark side of the moon probably know, is new media. The deal terms in this area, from a union perspective, have gaps in jurisdiction and residuals structure. In this, the SAG hardliners make a significant point. But those gaps flow largely from the revenue-draining effect that new media is having on Hollywood. Technology is driving the perceived value of content towards zero, a matter I discuss in a just-published article in the Vanderbilt Journal of Entertainment and Technology Law. That’s a pressure that both management and labor struggle to deal with.

Several additional factors helped make the search for better terms than three other unions a doomed mission to a dead planet. These were (1) the general uncertainty surrounding new media business models, (2) the economic fatigue suffered by actors and the rest of the industry in the wake of the 100 day writers strike, and (3) SAG’s lack of bargaining leverage, the latter a circumstance largely engineered by the hardliners themselves. (The recession, whose severity was at first unclear, only made things worse.) It’s as though the hardliners thought they could run at warp speed on cubic zirconia rather than dilithium crystals. Failure was not only an option, it was the predictable outcome.

What’s more, the stalemate itself led to further injury, of four varieties. First, it meant that SAG actors working in TV (a field in which production had continued) did so under the terms of the expired contract, meaning that they missed out on the 3.5% raise that AFTRA received on June 30 of last year by dint of its new deal. That’s amounted in aggregate to tens of millions of dollars foregone.

Second, it means that SAG will be behind AFTRA by 3.5% for at least the remainder of the new contract, because each union will continue to receive annual increases but SAG won’t get an extra bump to bring it to parity. Third, if SAG wants to catch up in the next round of negotiations, in 2011, it will need to trade off some other deal point that it might otherwise have gotten.

Fourth, the stalemate put into play the date that the new contract would expire, which is significant because it determines whether SAG’s deal will expire concurrently with those of the other guilds, allowing it to make common cause with them and increase the leverage of all four above-the-line unions (SAG, AFTRA, DGA and WGA) in the 2011 negotiations. SAG won that point, but at a cost of another two months of delay, from February (when the studios made an offer that would not expire concurrently) until April (when they made the offer that is now on the table). SAG was also forced to compromise pending claims for over $60 million dollars in force majeure payments—claims for actors’ wages lost due to the writers strike—but this may be less of a hit to the guild than it appears, since the contract language on the subject is at best ambiguous.

So where are we now? The ratification ballots are due back June 9, so we’ll know in less than a month whether the long stalemate is finally over. I anticipate ratification will be achieved, but with a percentage in the 60%-75% range, well below the over-90% that’s usually achieved when Hollywood union leadership recommends a contract. Meanwhile, the ballots for the SAG-AFTRA commercials contract with the advertising industry are out to the members, and are due back in two days, on May 21. That one will pass easily, as there’s no organized opposition.

Also of note: several months ago, SAG president Alan Rosenberg and three other hardliners (1st VP Anne-Marie Johnson and board members Diane Ladd and Kent McCord) sued their own union, seeking to enjoin negotiations and reverse personnel and procedural changes that they correctly anticipated would pave the way for a deal on terms the hardliners are pledged to oppose. Although their requests were denied by both the trial and appeals courts, the lawsuit nonetheless continues in both of those forums (Los Angeles Superior Court Case No. BC406900 and Second Appellate District 2d Civil No. B214056).

Why don't the plaintiffs drop the debilitating two-track lawsuit, which flouts the concept of unity trumpeted by the hardliners when they were in power? Their motivation for proceeding in the face of near-certain defeat seems political at this point: dropping the suit would damage the hardliners’ campaign in this fall’s SAG elections, where the SAG presidency, and control of the board, are at stake. (Indeed, the political elbows are so sharp that several of the hardliners are also running in the now-in-progress AFTRA elections, seeking to undermine that union’s leverage from within.) Dismissing the suit would also doom the likely attempt the hardliners will make in the SAG boardroom to obtain reimbursement of their burgeoning legal fees. Meanwhile the guild is, of course, incurring significant fees of its own to defend itself and the forty-odd Board members also named as defendants.

Even assuming the TV/theatrical agreement is ratified, the guild has a long way to go before it’s back in our solar system. SAG’s been without a franchise agreement—the contract between the union and the talent agents—since 2002, and four other agreements are expired as well. The union is riven not only by factionalism but by economic and geographic divisions as well. New media issues will recur in 2011, which is just around the corner, and every three years thereafter, since technology continues to evolve faster than Hollywood can respond, let alone than union agreements can be renegotiated. The guild’s new leadership has made impressive progress in its few short months in office, but there are many light years yet to travel.

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SAG Hardliners' Picnic No Walk in the Park

What if you held a picnic and nobody came? That’s almost where Membership First found itself yesterday. A beautiful day, a heavily promoted event, yet the SAG faction was only able to draw about 70 people to its Griffith Park / LA Zoo shindig, reports Variety.

SAG President Alan Rosenberg, who spoke at the picnic cum rally, predicted “a good chance” of defeat for the pending TV/theatrical deal, but that seems unlikely if MF can only attract a handful of members to an event in LA, considered the group’s stronghold. The ballots go out tomorrow (Tuesday the 19^th), with a June 9 return date, so we’ll know in a few weeks whether the MF tigers still roar or whether they’ve turned to paper.

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SAG Hardliners: The Trojan Horsemen of the Apocalypse

SAG’s Hollywood branch, dominated by the hardline Membership First faction, has passed a motion forming a task force to explore “acquisition of actors of AFTRA,” reports SAGWatch. The purpose of the awkwardly-phrased motion is evidently to eliminate AFTRA’s jurisdiction over television acting (long a stated goal of MF), leaving it with only broadcasters (newscasters, weather reporters, etc.), singers and others, but not actors. To the same end, various MF-ers, including some who supported the motion, are running in the now-in-progress AFTRA board elections, the better to dismantle AFTRA from within.

All in all, it’s yet another anti-AFTRA campaign, courtesy of the faction whose record of accomplishment includes no ratified contracts, continued opposition to the approved deal on the table, a ten month stalemate, a national board meeting featuring a 28-hour filibuster, a lawsuit against their own union (which continues to this day despite rejection at both the trial and appellate levels), a gaping budget deficit, a loss of almost all pilots and new series to AFTRA, contract rates that are lower than AFTRA’s and will continue to be so for at least the next two years, a loss of tens of millions of dollars in wages to date (due to lower rates in effect during the stalemate), a virtual halt to studio theatrical production for the duration of the stalemate, denigration of the union’s own membership as “frightened little children” and of the union’s own lawyers as “liars,” continued factionalism and infighting, disparagement of AFTRA as a “scumbag union,” and the fostering of enmity from members of other unions (particularly IATSE, obviously AFTRA, and, no doubt, the DGA) throughout the industry. Quite a platform for the upcoming SAG elections.

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Subscribe to my blog (jhandel.com) for more about SAG, or digital media law generally. Go to the blog itself to subscribe via RSS or email. Or, follow me on Twitter, friend me on Facebook, or subscribe to my Huffington Post articles. If you work in tech, check out my new book How to Write LOIs and Term Sheets.