EXCLUSIVE: I wish I had better news about the AMPTP-WGA contract negotiations, but I don’t. To sum up, they suck. I took extra time reporting tonight, and some very surprising developments came to light. For instance, Peter Chernin is privately telling Hollywood that the producers plan to quit the talks any day now. That they have no intention of coming back with another streaming proposal “until we are close”. And that they’ll only give a better electronic sell-through formula “at the last minute” when a contract with the writers is virtually signed.
These quiet remarks by the Fox/News Corp No. 2 are the complete opposite of what the AMPTP is telling the WGA around the bargaining table.
I’m told Thursday’s talks began at 10 AM, and both the WGA and AMPTP had a brief discussion about streaming, made-for-web content pay and jurisdiction, and electronic sell-through. Then one of the negotiators from the network and studio CEOs’ side declared, “The DVD formula is good for you, and you should embrace it with open arms.”
The AMPTP then claimed it had “a proposal coming” supposedly based on the writers’ streaming counter-proposal from Tuesday and asked the WGA side to wait around. By 5 pm, it wasn’t done. Then the producers claimed they would work on the proposal at the hotel straight through midnight or later and give it to the WGA at Friday’s session.
But some of the WGA negotiators hung around the hotel and, to their surprise, watched the AMPTP contingent get in their cars at exactly 6 PM and individually drive off.
(This follows what happened on Wednesday when the AMPTP negotiators asked to break early to celebrate the first day of Chanukah — yet their official statement later claimed it had been the writers side who didn’t want to negotiate late into the evening…)
Chernin, CBS’ Les Moonves, and some of the other Hollywood moguls this week keep kvetching about how “frustrating” the AMPTP-WGA talks have become and how “pessimistic” they are about a quick resolution. The bigwigs have even concocted this fiction that they wanted to solve the strike in three intense days of negotiations before Christmas but now they see that’s impossible because of the level of mistrust and misunderstanding around the table. My sources tell me the CEOs seem to be looking for any excuse to blame WGA chief negotiator Dave Young specifically for “blowing it”.
But the truth is this: the Hollywood moguls have not delivered on their promises. And Chernin’s statements make clear they never had any intention of doing so right now. Days are passing, and the AMPTP still hasn’t come back with a counter/counter-offer to the WGA’s counter-offer to the AMPTP’s offer on streaming. Days are passing, and the AMPTP still hasn’t come back with the 2nd half of its New Media proposal presumably containing ESTs. Days are passing, and the AMPTP and WGA are still paralyzed on Internet issues, which is why they moved way down their list to the subject of Reality TV jurisdiction. Sure that angered the CEOs who own a network — and I think it was a giant mistake by the writers’ negotiating team to get off New Media and onto that. But it came up because of the AMPTP’s stalling tactics, and the two sides had to jawbone about something.
In conclusion, I wouldn’t be at all surprised if, as soon as Friday, the AMPTP walks out of the talks with a news release in hand that it’s all the WGA’s fault.
And I now predict the CEOs will make a big public show of deciding to open talks with the Directors Guild right away and thus try to screw the striking writers. (That’s already begun — today’s Los Angeles Times virtually announces it in roundabout fashion by noting that 300 director-writers today begged their DGA to hold off…)
And I predict the AMPTP won’t return to negotiations with the writers until February at the earliest after declaring force majeure. Please, oh please, prove me wrong.
Editor-in-Chief Nikki Finke - tip her here.


Next Up: FORCE MAJUERE. (like I said weeks ago)
To: Peter Chernin, #2
From: Rupert Murdoch, #1
Re: Your New Employment Contract
Dearest Peter,
I told you last week I would provide you with the second half of my offer this week.
However, I have changed my mind.
I will not make the second half of my offer.
I will not respond to the counter-offer you made with regard to the first half of my offer.
And I will not tell you how much I am willing to pay you until the last minute when your new contract is virtually signed.
Cheers,
Rupert
Unfortunately, I don’t think collusion is illegal, at least not in the baseball example. The owners fined for collusion were in violation of the Collective Bargaining Agreement, not any specific law, I believe.
That’s not to say that the the studios and networks still don’t engage in any number of illegal accounting practices that they could be brought up on charges for. If they walk this time, I say it’s back to DC and force these assholes to open their books. Or give us a deal. Their choice.
Hold me.
It’s official: They are playing chess, while we are playing checkers.
We all know their strategy, in a general sense, is “divide and conquer.” Last week, through a clever disinformation campaign, they convinced us that a great proposal was coming our way and that the end of the strike was near. They raised our hopes and then dashed them.
They depressed us, but they did not divide us.
Why? Because there was nothing to be divided over. The deal they offered was so shitty — particularly compared to our high expectations — that nobody I know thought for a second that we should take it. Ultimately, depression turned to anger and we returned to the lines on Monday in force and united.
Now look at what’s happening: They, once again through Nikki, are managing our expectations. This time, instead of raising them, they are lowering them. They are letting us know that the situation is hopeless and they are about to walk off and maybe not come back to February… or maybe not even then.
But to what end?
Well, what if, for the sake of argument, they surprise everybody and show up with a slightly improved offer, one that is objectively still quite awful, but slightly improved nonetheless?
How many of us, who had just minutes before been staring into the abyss, would then want to jump at this offer, which would seem awfully good by comparison?
At that point, we’d actually have something to be divided over.
That, in my view, is what we need to be prepared for. Because in the end, their goal isn’t simply to toy with our emotions, but to get us to accept a bad deal. They will ultimately accomplish that by LOWERING expectations, not raising them. And that, I fear, is what they are doing right now.
Please consider one thing, for the sake of objective perspective — The whole ideology behind any strike is the workers ability to stop productive work gives them a large amount of leverage. When the studios generate these rumors that they are in fact looking to prolong the strike, whether true or not, the goal is to reduce WGA leverage, and as a result, negotiating power.
If the perception is that the studios do not need a return to work, then the threat of prolonged work stoppage is suddenly a lot less scary.
The studios will NEVER let word slip that they are in dire straits if the strike doesn’t end soon. Even if that is 100% the situation (and its not, yet), they will continue to generate suspicions that they are happy about not paying writers and breaking free of some expensive contracts.
It’s the same reason you don’t tell the auto dealer ‘Oh my god! I need this car, I will pay whatever you want!’ No – you act like you are uninterested, no matter how motivated you are. It’s not bad faith negotiating, its just negotiating.
Instead of Bryan Lourd mediating, we need Larry the Cable Guy. Git er done.
What does AMPTP stands for?
A-hole Moguls Pretending To Participate.
This is Dec 7. If they are playing tricks trying to demoralize writers, remember that’s same thinking that led Japan to sneak attack Pearl Harbor to knock out our will to fight. You know how well that worked out for them.
Maybe it’s time for Congressional hearings on what studios are hiding in those books.
And to break things up and get the message out wider, the Guild should offer immediate interim deals to the late night comedy shows.
Larry Craig them!
I think the idea of showing up for a meeting is a great idea. Great PR… but take it a step further. Set up a table at each of the picketed gates with three or four member sitting there… pencils in hand, fresh legal pads at ready…
Waiting.
And more critically, wanting results.
pb
For the love of god. Don’t be so naive (as most of you have been) as to think that the studios are going to drop Force Majeure NOW. They’re not stupid. They will wait until after the new year (after everyone has spent their christmas money, after some of this media attention dies down and AFTER their PR people have had a chance to throw some positive shine their way). THEN, towards February (after they spend a few bucks at Sundance on crap they ordinarily would NOT have bought if there were no strike), they’ll say that they regrettably HAVE to let go of dead-weight development deals in order to “tighten their belts” (which will make appease the shareholders which will see the move as the Producers doing what is necessary to protect their interests). But make no mistake, as I said LONG before your friend Nikki posted today, the cuts are coming. What I can’t understand is… the studios/producers have been assholes for the past 50 years. What is the WGA’s excuse for not knowing how to negotiate with the studios at THIS point in time? How could you all underestimate the very people you’ve worked with for decades who have made NO APOLOGIES for being assholes and who have TOLD you time and time again that the only thing they care about is their money. That makes those of you who walked into this expecting a dozen roses fools. Wake up folks. WAKE THE HELL UP!!!
Please get on YouTube, tell us what we can do, besides mail pencils, to help.
It’s a game, people. It’s all a game. Read The Playbook of the Amptp. It’s all there. The Amptp will stall. Then walk out. Then blame the WGA. And the WGA will wait calmly. The WGA knows exactly what is happening.
Tactics, tactics, tactics.
Great idea, Jimmy. Send it to the WGA.
This is the financial condition of the industry: A reckoning may be looming, however. Research suggests that the demands made by A-list actors have turned the movie business into a loss-making industry at the precise moment that it has mislaid its audience at the box office.
A report, Do Movies Make Money?, predicts that the 132 films distributed by the six leading Hollywood studios in 2006 will make a pretax loss of $1.9 billion (£920 million).Another reason in the article is the disappointing drop in DVD sales. It is estimated that bootlegged DVDs cost Hollywood more than $5bln.
Hell no, they won’t sign. People better wake up and smell the red ink.
DGA ARE RAT BASTARDS!
I second Jimmy’s idea of showing up for talks, leaking it, and sitting and waiting for the other side to show up, for as long as it takes. What a great publicity stunt. And if no other side shows up, maybe some actors could step in for the AMPTP and stage a mock negotiation, sort of like a mock trial.
I agree with Jimmy. If the AMPTP breaks off talks, then the WGA negotiating committee should disclose a negotiating location and publicly sit/stand out there to wait for the AMPTP to return. This provides photo-ops and a chance to make it painfully obvious that these companies are not coming to the table.
This overt showing of WGA’s willingness to talk also helps when it comes to force majeure because then the congloms don’t have a leg to stand on when trying to legally enforce it (in case anyone wants to sue their company) because it would have been documented that there is no “act of God” here. Rather, it’s the companies themselves who are manipulating the system by refusing to negotiate in good faith.
Finally, I really do think that the next step (if the AMPTP refuses to continues good-faith negotiations with progress) is to get the industry and public involved in a write-your-representative campaign, as well as more picketing on Wall Street.
When this started, people said it could go to June or July. This will tank this season and next as we’re now looking at development and pilot season being lost.
If Big Media is willing to give this up too, then you know New Media is worth a heck of a lot.
I’m beginning to believe….this is on until well into the summer.
Anonymous @11:55 re: collusion –
I have been doing a lot of research on this topic, and yes the Department of Justice’s Antitrust Division prosecutes companies for violating laws such as the Sherman Act. It is illegal for competing companies to work together to set prices, etc.
Unfortunately, there is a non-statutory labor exemption from anti-trust laws which has applied to multi-employer bargaining units. Interestingly, the exemption was created to protect small business from being crippled by powerful unions.
Of course, things have changed. Though the AMPTP, when first formed, may have been a collective of small, independent producers, today it is an oligopoly of six mega-corporations that control an entire industry. Even the networks are now part of those corporations. (They were not in 1988.) Perhaps the courts need to take a look at the whether the exemption applies in the case of entertainment unions in today’s environment.
It is certainly confusing, as labor laws and anti-trust laws tend to be at odds with each other.
In that regard, there have been cases in professional sports (one in particular involving pro-football). And certainly there are similarities between our industries. The Supreme Court ruled that the non-statutory labor exemption could be extended beyond the expiration of the contract and beyond the time when the sides had reached an impasse.
It seems a key reason for that decision is that while each team is a separate employer, there is a symbiotic relationship that exists among them. They need each other to run their business (i.e. play games). Though they compete on the field they are not true competitors in a business sense.
The studios, however, are. Through their cartel, the AMPTP, they are able to limit, even eliminate, competition for our writing services. Due to shifts in the industry, the studios wield enormous power individually, let alone when they collude via the AMPTP. The non-statutory labor exemption no longer protects the disadvantaged side, it helps to destroy it.
I think it’s time to talk to the DGA and ask for their full support. If they would finally put their egos asided and tell the AMPTP that they will not negotiate until the WGA has had an open, honest and forthright negotiation. It’s time that all the unions realize that alone we are week, but united we are invincible. Imagine the panic that would set in if the AMPTP realized that they have not choice but to finish the WGA deal or tell stockholders that their too busy participating in a pissing contest to seek real results.
I cannot believe the WGA is pursuing reality compensation at this time! Let’s get the real writers back to work before we include the bastard step-children whores of the business.
More gloom and doom at DHD. Why do I keep torturing myself by obsessively reading this blog?! Bad enough that my beloved Chi Bears were embarassed by a back-up QB last night.
Here’s some measured NegCom analysis from an insider:
http://artfulwriter.com/?p=293
Quote: “Part of the problem of negotiations—and especially this negotiation—is that both sides tend to interpret the contractual proposals and counter-proposals in one way: as an attempt to fuck them.”
Read the whole thing.
Thoughts would be much appreciated…
Sometimes I’m so dumb. I thought CBS had a board of directors. I thought CBS was one of those American corporations that sought to maximize profits. I didn’t think it was the kind where the CEO is so concerned about falling out of favor with the boys lest it hurt his chances to run a real studio one day that he’d be concerned about losing this television season and next, which is about to happen. I’d think he’d be forward thinking enough to realize this is going to drive a high percentage of TV viewers to other forms of entertainment and they will never return. I’d have thought he’d have read some of those Harvard Business School case studies about how Ralphs and Vons lost a huge percentage of their customers to Whole Foods and Trader Joe’s during the grocery strike and how something like half those people never returned. But like I said, I’m dumb.
To the Anonymous who wrote about collusion:
There is an exemption to antitrust law in the area of collective bargaining. Do you hear any calls from the WGA to abolish the AMPTP? Or that it’s a form of collusion? Nope. Wanna know why? It’s because the Guild LIKES to bargain only once. If they bargained with all the studios seperately they’d have to have a full time negotiating staff that would just move from one bargaining table to the next, year-round.
My understanding of the law is that the Guild could very easily say tomorrow: sorry, we dont’ want to bargain with you jointly any more. The Guild could then offer a better deal to whichever studio agreed to be the first one to bargain with us individually. I think it’s something the Guild should consider. But will they? Got me. If people feel strongly that they should try it, they should e-mail Patric Verrone or David Young and tell them so, or post here to that effect, because believe me, those guys are reading these comments.
The general public CAN make difference!
They can refuse to watch all the reality crap
that is being forced down their throats.
Have you seen NBC’s winter schedule plans?
Don’t watch it and make it clear you’re not gonna
watch it.
ANONYMOUS: By that logic, most of the WGA shouldn’t be allowed to negotiate together. How many other labor unions have memberships comprised of people with their own loan-out corporations?
The reality is that this is how its been done since dinosaurs walked the earth, and its a scenario we tacitly agree to. (In the best case, it works for us — in what other industry does labor flow freely between competitors? Answer: none.)
If we want it to stop, it’s very simple: we start making side deals with all of the members of the AMPTP who want to talk seriously. We just have to be prepared for the “then what” when we find ourselves picketing half of our employers and crossing the line for the other half, and trying to work our way through the paradox of projects co-financed by a little of this and a little of that.
We are living in interesting times. I expect to see dogs and cats living together, in sin, any day now.
It’s not collusion when it’s specifically approved by the NLRB.