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On a day when most of Hollywood (and myself) were out from behind their desks making plans for the coming holidays, the WGA was busy putting coal in Big Media’s Christmas stockings by filing charges with the National Labor Relations Board against the AMPTP “for its refusal to bargain in good faith” with the WGA.
“It is a clear violation of federal law for the AMPTP to issue an ultimatum and break off negotiations if we fail to cave to their illegal demands. We are in the midst of the holiday season, with thousands of our members and the membership of other unions out of work. It is the height of irresponsibility and intransigence for the AMPTP to refuse to negotiate a fair agreement with the WGA. We reiterate our demand that the AMPTP immediately return to the negotiations, rather than going on vacation, so that this town can be put back to work. The DGA announced today that it may commence negotiations with the AMPTP in January. The DGA has to do what is best for its membership, and we will do what is best for ours. We wish them well, but they do not represent writers. Our strike will end when the companies return to negotiations and make a fair deal with the WGA.”
The WGA move not only took Hollywood by surprise, it put the Hollywood moguls on the defensive. Immediately, the AMPTP fired back with this snarky statement: “The WGA’s filing of a complaint with the NLRB reminds us of the old lawyers’ adage: When the facts are on your side, argue the facts. When the law is on your side, argue the law. And when you don’t have either the law or the facts on your side, you pound the table. The WGA has now been reduced to pounding the table, and this baseless, desperate NLRB complaint is just the latest indication that the WGA’s negotiating strategy has achieved nothing for working writers.”
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How shockingly ludicrous.
BE FAIR my arse.
Like you have a clue what is fair.
The WGA went on strike.
They should replace leadership and start over.
They are a laughingstock.
And what is the AMPTP doing for writers? I’ll take my guild over them any day.
Get back to the table AMPTP. You’re the ones pounding on the table.
Wow. Looks like the AMPTP isn’t the only ‘organization’ with cards left to play.
Go WGA!
“pounding the table?” at least we’re still AT the table.
i think i smell fear in the AMPTP’s claims – because this IS the law we’re arguing, and they’re breaking it.
“The WGA’s filing of a complaint with the NLRB reminds us of the old lawyers’ adage: When the facts are on your side, argue the facts. When the law is on your side, argue the law. And when you don’t have either the law or the facts on your side, you pound the table. The WGA has now been reduced to pounding the table. . . .”
Uh, no. The WGA has filed legal charges. They think the law is on their side. And the facts w(hich underlie their legal charges), too.
Try again, Lehane! There are still more cliches you can trot out. . . . (There’s the early bird and the worm, those who forget the past will repeat it, etc. etc. – - – eventually one will fit).
The WGA is just doing what any good craftsman does: pounding the head of the hammer on a hard surface before using it to pound on the pinheads in the AMPTP.
Use EVERY tool in the tool belt, the AMPTP doesn’t miss a trick. Neither should we.
Next up: pressure the advertisers who run spots on reality shows.
Another fine press release from the crack PR team that brought us “The New Economic Bullshit” and “union socialists” — er, “organizers.”
Reduced to pounding the table that the AMPTP left in a huff.
That poor table. Abandoned and abused.
Can’t wait for the next release.
Okay, there’s got to be a few lawyers out there reading this. Does the WGA have a leg to stand on? I just want to get back to work. If this speeds up negotiations – more power to the WGA…This will speed up negotiations right?
Funnier than anything on AMPTP.com. The Guild is pounding the table? Dropping six hysterical ultimatums and running away from the bargaining is somehow rational? They’ve done nothing but pound the table.
“We will not negotiate with you unless you blah blah blah…”
I’m kinda surprised, Nick. You guys really suck at this.
The AMPTP calling anything baseless and desperate is a sign of just how awesome this could be. AMPTP, the facts are against you: you couldn’t give the writers a tiny sliver of huge profits, tried to destroy everyone when they went on strike, went to the table with the intention of walking out and did so with a pre-written PR report magically appearing in 20 minutes to blame the writers for your action and then threw hissy fits all over. The law is against you: you lied to the writers and the public about your intentions, and purposefully spun facts to your own agenda. Not to mention that whole working with your competetors thing. Pounding on the table? Please. You’ve been pounding since day one and now you’re scared. You thought you’d win with ease and everyone would ignore your assholic stupidity and lies, but you were wrong. Grow up, admit it, and let everyone go back to work. WGA, this is exactly what I’ve been waiting for since talks broke down. Action, thank heaven, at last. If this doesn’t work, try something else. Whip their asses with everything you have. Seeing AMPTP bitchslapped by the hand they bit as it was trying to feed them will make my Christmas complete.
Since the WGA is the one who filed charges, I’d say WE ARE using the law AND the facts. Thanks for the old adage, AMPTP. It sounds like your press release is the one that’s pounding fists. You guys are screwed. The next lawsuit will deal with how you exploit reality writers and monopolize media ownership. Again: laws and facts on the side of the WGA.
What a surprise. The AMPTP quoting old lawyers. I guess those old lawyers were the same ones who told you that they couldn’t figure out how to make a dime off the newfangled internets. I can not believe this is Lehane’s lame response to getting his clients sued. No wonder the Democrats couldn’t win an election. I’m starting to understand why they call this guy the Master of Disaster. He is pretty good at causing them.
The actual saying is “When the law is against you, pound the facts, when the facts are against you, pound the law, and when they’re both against you, pound the table”.
The AMPTP just pounded the table.
Go WGA!! GO Leadership – you’re holding the AMPTP to both the law AND the facts. Clearly they’re unnerved by having to be held accountable for either. The membership is with you!!!!!!
I like how every AMPTP statement now tries to emphasize that the WGA leadership doesn’t represent the writers (or “working writers” –as if to form a wedge before those currently working and those not.)
Attacking the leadership ain’t gonna cut it when 90% of the writers voted for the strike.
But keep trying fancy PR guys, keep trying!
PLEASE READ WITH THE VOICE OF JACKIE CHILES (LAWYER FROM SEINFELD)
“This news is shocking and upsetting, I find their claims baseless, faceless, and clueless”
It is a clear violation of the Collective Bargaining Agreement to use ultimatums then walk out. It was also a Violation to agree to bargain for a fair deal if DVD Redisuals increases were taken off the table, then refuse to render an offer and walk out last Nov.
It is also a Violation of Fair Practice Labor Laws to refuse to recognize the rights of writers of animation and reality and refuse to pay them overtime… subjecting them to sweat shop standards. This Nikki has reported will soon be taken up by Political Leaders in the State of California.
It is also a Federal Violation of Accounting Practices and Priciples to “cook the books” to hide profits and in essence steal residuals rightly earned by Talent and others, as Alan Ladd has proven before a CA Jury in just one case. One case, one Property I remind you.
We are dealing with Corporate Bullies who have no regard for fairness or the Law. Some of this behavior is Felonious if not Criminal. It will be interesting to see how all these issues play out in the Court of Public Opinion and the Court of law.
So far, it ain’t looking so good for them. Ask Alan Ladd…
I’m sure there’s a labor lawyer around here, so what are the odds of NLRB sanctions?
Nick really sucks at his job. Like really bad. Who is he screwing to keep it? Rupert, you dawg!
http://strikingwriter.blogspot.com/
GOOD. Now maybe we can break this stupid corporate monolithic anti competitive antiquated bullshit and negotiate directly with each studio and have some real progress.
I’m drunk so my spelling may be crap.
Come on, studios, time to get out from under the AMPTP. If you’re not ashamed of being represented by these clowns you should at least be embarrassed. I wish tomorrow were a regular picketing day. I can’t wait to get back to my gate. Go, WGA leadership, go!
Good for the WGA! They should start using more legal action (or threats of legal action) against the AMPTP. Next they should threaten to get the IRS involved and have them crawl over every inch of the studios books. What if every writer threatened to sue claiming they didn’t receive fair share of profits for their work? Let the IRS climb over all their books for the last 20 years. Bring the joke of Hollywood accounting front and center. The AMPTP might not be scared of the WGA, but I’ll bet even they don’t want to mess with the IRS.
I love Chris Lehane. He’s the best thing that ever happened to the WGA! He’s totally incompetent and he sucking cash out of the AMPTP’s pocket faster than the nets can give it back to their advertisers. This genius quotes old lawyers to improve his client’s image? Hell, why not? Who DOESN’T love old lawyer?! Right? And then he brings up the WGA sitting at table… YOU MEAN THE TABLE THE OLD LAWYER NAMED NICK COUNTER GOT UP AND WALKED AWAY FROM?
Chris Lehane?
Thank you, Jebus!
The AMPTP sure come off as ridiculous in the statement.
But having a press release prepared and ready to go means nothing. I don’t understand why everyone keeps commenting on it. It’s called thinking ahead. They probably had five different PR statements ready ahead of time. That’s what PR writers do.
This is war and it seems to be getting uglier before it gets better. It’s gonna get better, right?
Bouncing Castle, Get hold of yourself. Take a deep breath. Put down the two giant plastic bags full of recyclable deposit bottles and think. The AMPTP walked away from the table. The WGA leadership is doing a great job. They aren’t backing down. They aren’t blinking and the membership is standing behind them taking their lead.
I suspect you are one of Tom Short’s soldiers. Practice dropping your rifle and running. That will be the mandate during your next contract negotiation. Good luck. See you back at work whenever that might be.