The decision by SAG president Alan Rosenberg and executive director and chief negotiator Doug Allen to delay the Strike Authorization Ballot originally scheduled to start January 3rd should be recognized as the smart move to make now when SAG's solidarity is splitting down the middle. It is a mature recognition that both sides on this issue raise valid points and deserve to be heard before anything with the word "strike" on it is considered by members.
The "Yes" camp believes that actors will be stuck with what is inarguably a lousy deal undermining residuals not just for the next three years but perhaps forever given Big Media's historical refusal to contractually revisit new technologies. The "No" camp thinks that a Strike Authorization will inevitably lead to an ill-timed strike in this economic recession and that SAG should join the other Hollywood guilds in 3 years to try to negotiate better terms with the AMPTP.
So what was supposed to be a January 24th weekend National Board meeting has now been moved up to January 12th and 13th. It'll constitute one of the two plenary face-to-face confabs held each year. The NY Division and the Regional Divisions should have no trouble traveling to the Hollywood division's backyard with so much advance notice. The point of this decision to delay is to ensure a fair airing of all views. (It even takes into account the "No" vote petition supposedly signed by "well-known" actors even though the list includes no mechanism for verifying the names posted on it.)
I believe that SAG now has a unique opportunity to bypass a strike authorization altogether and place itself in an even stronger negotiating position by following a third and less risky course of action: to vote on the AMPTP's June 30th contract proposal.
Therefore, I urge SAG to drop the Strike Authorization Ballot for now. That 75% "Yes" vote threshold would be tough to succeed even if the economy were fine, TV and movie productions plentiful, and the big actors union had gone first instead of last in this contract negotiation. But it is what happens if the Strike Authorization Ballot fails that shows even holding the vote is a risk that's too great to take. SAG would be left weakened, divided, and without any leverage to go up against the AMPTP. In that situation, SAG would have no choice but to accept the AMPTP June 30th deal now on the table.
So, SAG, take advantage of the choice that is still yours. I say the National Board should send out the June 30th AMPTP contract proposal as is and let the members decide to ratify it or not. Only a 50% threshold is necessary either way. To further heal the divisiveness, SAG's National Board can refuse to offer a recommendation one way or the other about the deal. This would truly allow for the most democratic vote possible. Under normal circumstances, the negotiating committee would recommend the contract to the National Board, which would then stamp it with an endorsement. I've checked the SAG rules, and nothing there prevents the contract from being sent out "neutrally" for ratification now.
If the contract would have to be judged based solely on its merits or demerits, then the employers would find themselves hoisted on their own petard. Because the scapegoating of Rosenberg and Allen and even the negotiating committee would have to stop. Even SAG's own focus would change from the infighting to the deal, which is where it belonged in the first place.
So let's say the contract is sent out for a vote now. What happens next?
If the contract is ratified, then SAG holds its fire for three years and I predict the mother of all strikes by two or more guilds will hit Hollywood at that time. Basically, Big Media is swapping big pain now for much less hurt down the line. They're betting that their cartel will control even more of New Media. As for SAG, it's clear that the reality of working under its own contract or AFTRA's will leave even affected members bitter at having been bullied into a bad deal.
But if the contract is rejected, then the AMPTP and Big Media would have to realize that this isn't just Rosenberg or Allen shooting their mouths off about the rotten terms. Instead, SAG members themselves would have said "No" to the deal. It would also send a message to the moguls that leaving these negotiations in the hands of the labor lawyers didn't work. And Carol Lombardini's "tryout" for Nick Counter's job as AMPTP presidet was a big fat failure. The Hollywood CEOs would have to start engaging in backchannel negotiations just like they did during the WGA strike. Now SAG could bargain from a position of real strength. Because they would be representing the will of their members. As for a Strike Authorization Vote, that could still hang out there as a last-ditch resort which hopefully proves unnecessary.
This is not my fight. But this is my website. I'm not presuming to act like a know-it-all. But like any journalist covering the business of Hollywood, I spend all day talking to very smart people (as well as a lot of mouthbreathers) who make up all facets of the entertainment business. But no one whispered in my ear what to post here. Occasionally, during the writers strike, I offered suggestions (like bringing in the agents, which ultimately proved helpful). So I respectfully urge SAG to consider my proposal. Or not. Again, your choice.
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Here is Doug Allen's letter to SAG's National Board announcing the delay:Dear Screen Actors Guild Member,
A number of National Board members have expressed concern about the organized opposition to SAG’s vote “yes” campaign to encourage members to authorize the National Board to determine whether to call a strike in the TV/Theatrical contracts. While almost 100 high profile members and 2524 total members have endorsed the strike authorization vote mandated by the National Board, more than 100 high profile actors and 1373 actors have lent their names to the opposition campaign. This division does not help our effort to get an agreement from the AMPTP that our members will ratify.
Accordingly, President Rosenberg and I have decided to call a special face-to-face National Board meeting in Los Angeles, during the week of January 12, to discuss how we can address this unfortunate division and restore the consensus demonstrated by the National Board at our October meeting.
The Christmas and New Year’s holidays, and the Commercials Contract W&W plenary in New York the first week of January, preclude scheduling such a meeting before the week of January 12. In accordance with our Constitution, this special meeting will constitute one of our two face-to-face plenary meetings for 2009.
In light of the subject matter of this special meeting, the strike authorization balloting will be re-scheduled to take place over a three-week period immediately following this special board meeting. This will provide us with more time to conduct member education and outreach on the referendum before the balloting.
This meeting will replace the January 24, 2009 plenary and will occur in Los Angeles all day January 12, and part of January 13.
Sincerely,
Doug Allen
National Executive Director and Chief NegotiatorAnd here is the AMPTP's latest statement:
The last year has surely been a challenging one, but after long sessions of hard bargaining, all of the Guilds and Unions in our industry, except one, have reached new labor agreements. These agreements contain meaningful economic increases and first-ever new media rights and residuals. We are proud to have made such important agreements even as the national economic crisis has worsened almost by the day. We sincerely hope that, before too much time passes in 2009, we will also reach a labor agreement with the Screen Actors Guild. For that reason, we are continuing to urge SAG members to study the Producers' offer at AMPTP.org, and make an independent decision as to whether it makes sense to strike over a deal that will raise wages, raise benefits, add new residuals and establish jurisdiction in new media for the first time."
DHD To SAG: Forget Strike Authorization Ballot! Vote On AMPTP Contract Proposal
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right on dhd
Spot on, Nikki – as usual. A 50% go-or-no-go vote is much more likely than a 75% “super majority” in this climate. Either way, let’s get this show on the road.
But if the contract is rejected by voting SAG members, what forces the AMPTP to do a damned thing? Nikki wrote, “The Hollywood CEOs would have to start engaging in backchannel negotiations just like they did during the WGA strike. Now SAG could bargain from a position of real strength.” I’d love for that to happen, but what’s the AMPTP’s motivation in that case?
This is logical, but SAG won’t do it. Organizational inertia prevents nearly all revisions to any sort of plan. The first idea is the one that happens, no matter what changes on the ground or how superior future ideas may prove.
Your proposal is simple and strong and ought to be considered by the national board. It carries within it two of the four proposals stated in the statement initially signed onto by the NY Division board:
• That all plans for a strike referendum cease;
• That the president of Screen Actors Guild, Alan Rosenberg, immediately call an emergency national board meeting;
Later, this became a national statement. From coast to coast, board and council members across the country have joined with NY and signed onto it. It is good that Unite for Strength joined the movement as it swept from the east coast to the west, and interesting that your suggestions here parallel it so closely.
Perhaps there’s hope after all.
“…the SCAPEGOATING(!!!!) of Rosenberg and Allen and even the negotiating committee”??????
Nikki – Crumminy! Who do you think developed this mess?
With all due respect Nikki, that’s a terrible idea. Here’s how it plays:
1) The vote goes out and the AMPTP offer is rejected by, let’s say, 60%? (I’m picking a number out of thin air, it doesn’t matter what the number is, call it 90% or call it 51% the situation is the same).
2) The AMPTP says: “So what?” They change a couple minor, but effectively irrelevant points and say to SAG, go vote again.
3) SAG has to repeat the process which a) costs enormous amounts of SAG’s money, b) takes weeks and weeks, and c) means that the AMPTP continues to employ SAG workers on the old contract and at the old rates, effectively saving millions of dollars.
This process rinses and repeats again and again, each time with fewer and fewer actors rejecting the new contract since they are now losing a lot of money until eventually it’s passed and SAG has gained about the same as they would have had the intelligently negotiated in the first place.
Niki touches on something here that’s bothered me: I have heard nothing from Guild leadership in regard to plans for failure. I’m reminded of the US government’s refusal to consider failure in Iraq, as “not an option,” and how well that’s worked out for all of us. Well, what happens if strike authorization fails? What happens if authorization is given and the AMPTP says, “Who cares?” and still doesn’t budge? What happens if then a strike is called and still there’s no change in offered terms? The results of each of these failures could be catastrophic, and I’ve heard nothing about SAG’s consideration of these possibilities, or plans should they occur. I believe the union deserves what it’s fighting for. But without the ability to consider leadership’s plans for possible failure, I don’t feel able to give my authorization to go to war.
Nikki, Love the proposal on its merits. Regardless of what happens, however, there will still be a divided guild because the membership would likely vote down the AMPTP’s “final offer.” If that happens, the New York board could accuse Alan and Doug of anything including trying to buy votes and so on. At this point, the AMPTP could stage a lockout in order to move all television over to AFTRA.
In the best case scenario, Alan and Doug would go to the AMPTP tomorrow and ask for residues and force majore to be saved in turn that the SAG will drop its demand for no French Hours, accept the AFTRA new media terms, and ask that the newly ratified contract, which they support, be retroactive to 12:01 AM on July 1st, 2008 with all TV payments already made being grandfathered into the new contract. Failure for the AMPTP to agree to these terms will result in the contract being sent out without an endorsement.
Nikki is right when she says that there will be a major strike in 2011. It will be between the AMPTP and WGA yet again because some members clearly aren’t happy with their contract, and SAG will be in prime position to join them.
Good call, Nikki. A smart way out of the corner SAG is being backed into.
Hear hear! I don’t know a single “anti-strike” person who likes this deal. Let the membership see how bad this proposal is, watch it go down in flames and then start talking “strike” again.
Letting Clooney and Hanks, and their ilk, push the Guild around, given that they are both “Producers” who, most likely, have productions in the pipeline, should not be tolerated! Where is their allegiance? Is it with SAG or the AMPTP? And, if they had remained just performers, where would their support be then? Come on SAG! Keep it together!
I agree with your proposal. Thank you.
nikki i’m impressed with your call for a SAG action. as a member of several unions for several decades your plan is astute and image-proof for the leaders of SAG. You give them an easy play. god bless you for being above the fray.
I have been saying this from the beginining! …. We have always head a third option…….!!!!!!!!!
I think this idea seems the most democratic trade-off to the current conflict of personalities.
But, what happens if SAG members narrowly reject the contract (say, 51%-49%) and the AMPTP elects to enact a lockout?
How long do folks predict the lockout would last?
And wouldn’t a lockout, under those circumstances, lead (de facto) to AFTRA deals being increasingly utilized by the AMPTP until eventually SAG caves?
Thank you Nikki for maintaining the balanced view.
But let’s talk about “back channels”. It’s true there are no bosses at the studios with the kind of power that faded out during the 1980’s. We’re not going to see the kind of “back-channel” we say in those days.
But as the bosses’ individual power faded, so did the new star-producers’ power grow and grow.
I can think of at least seven producer-stars, all members of SAG, who have enough power to call up the bosses at the studios and say, “Enough’s enough.” Why is this not happening?
Some names: Clint Eastwood, Tom Hanks, Tom Cruise, Ben Stiller, Bruce Willis, Will Smith…
And where’s Mike Nichols? Quentin Tarentino? James Cameron? Spielberg? – All these big bad guys…they can’t give this a nudge?
Why aren’t these guys calling up Tom Rothman and Peter Chernin and the others and start talking about how to end this slow-down?
Rather than criticize the guild leadership, why aren’t the prominent members of our union criticizing AMPTP?
I was part of the WGA strike. Alan and Allen had nothing to do with that negotiation, but it was the same thing. Producers dig in, don’t budge and blame the union leadership. Come on!
Eric Bogosian
Due to fear of acting aggressively in their own self-interest, The Screen Actors Guild is for all practical purposes, a dead organization… the body just isn’t cold yet.
So you think SAG will suddenly have leverage if the members reject the contract without a strike authorization? Not a chance. The studios will continue to drag their feet, just use the old SAG contract or sign AFTRA’s contracts, and push SAG quickly into irrelevancy.
Why would they improve the terms of the SAG contract without anyone forcing them to? It’s well known the AMPTP doesn’t bargain in good faith. All of television will become AFTRA-land, and the studios will get more and more used to it.
There is NO reason for the studios to blink unless that strike authorization passes, given AFTRA has a contract they can use if they have to. Don’t put it past AFTRA to start signing features soon… and don’t put it past them to abandon SAG again when it’s time to talk turkey on the commercial deal. Happy Holidays!
Nikki,
This idea is great. Period.
I agree with Nikki. This is a very astute strategy in terms of the dealing and healing the divisiveness facing the Union, which of course was the AMPTP’s strategy all and modus operandi along.
I also believe that this course of action, due to its directness and unexpectedness, will retake the initiative away from the AMPTP and force them to face the specifics of their dreadful deal.
Why bother voting on this so-called proposal at all? There’s no need to take the temperature in the room. Continue without a contract, wait and see what happens when the new tenure in Washington takes over–since the sentiment for a non-strike vote seems to be, “It’s the economy stupid.”
And say, isn’t it DHD’s responsibility to stay neutral when it comes to “reporting” the news, as opposed to “being” the news as DHD seems to be on this issue?
The only way for the unions to “win” this is to negotiate all together. The only way that could possibly happen is 3 years from now…
Agreed. This is a fantastic idea and the best solution possible to perhaps moving this miserable situation along one way or the other. Here’s hoping SAG listens to this.
Sounds very smart but what if 51% of SAG votes for the contract? It’s a done deal, right? SAG membership will have voted to give up residuals and clip approval and they’ll open up the enormous “new media” loophole. Who in their right minds believes that they’ll ever get them back? Who in their right minds believes ALL the unions will band together?
IATSE’s going to stop working so actors get back control over their likenesses? That’s amusing. Maybe SAG members will picket to help IATSE camera operators get back their “must hire” status. Maybe gaffers will march around with signs to help ensure writers get to hold onto separation of rights?
You’re probably right that the SAG leaders HAVE to withdraw the authorization but your proposal’s nothing to cheer about if the contract’s accepted.
And wait till the AMPTP’s “pattern bargaining” strategy has them using SAG’s willingness to accept these rollbacks as the basis to get rollbacks from everyone else next time around.
Who here believes that with or without an improved economy, the unions will be weaker and the AMPTP stronger in two and a half years? It’s counter intuitive and totally opposed to historical precedent.
If SAG membership votes for the rollback “final offer” nobody in any of the industry unions should cheer.
This is the ONLY way to win this thing!!! Anyone with any brains knows that!!! If SAG doesn’t follow this advice they are gonna fuck themselves up so bad that they will never recover!!! SAG is in such a hole now that they can kiss this union goodbye if they don’t heed this advice!!! I want the actors to have all that they are asking for too….FUCK THE AMPTP….but you gotta be smart….and NIKKI’s advice is what all of the smarter actors are thinking!!!! Anyone who says STRIKE NOW will only be putting the death nail in SAG’s coffin!!!! WISE UP IDIOTS!!!!!
I think that’s an awesome idea. Would be great to see that in action.
Think it through
The fact is a strike is the best way to have leverage. New Media is the future. If SAG agrees to the final offer as did the other unions, negotiating for New Mwdia will never again be possible. Sunset clauses are bullshit promises.From the AMPTP standpoint, why would they give ground on something so profitable after all unions agreed to it? SAG must strike. The industry is not in a recession and won’t be ever.
And to these name actors who support a no strike vote…screw them for trying to sway the struggling actors’ votes. They work above the contract with the help of their powerful agent (if even necessary) and super lawyer. Many of them also produce and thus are thinking of the potential and major profits in New Media.
SAG members must unite, strike and protect the future of residuals. That’s where the money is. Imagine a future where SAG becomes useless, AFTRA becomes the AMPTP’s suckup and all ANYONE has to do is be the highest bidder to be an actor.
I think your suggestion is the best I’ve heard yet.
The postcard poll showed 87% of SAG respondents didn’t want the deal. The AMPTP ignored that. But if we have to do that again, fine. I’m ready for the strike authorization, but I can reject the proposal one more time.
This makes no more sense than Doug Allen’s anti-AFTRA strategy. Dump Allen, dump the negotiating committee and return to the table. The Producers will bring the proposal into line with the AFTRA deal. Live to fight another day with serious leadership.
Right on Nikki — best strategy ever. There’s no way the membership will ratify this contract as is . . . This is one good way to stop all the Alan/Allen bashing and somewhat united this union.
We should have hired you do the negotiate!
That makes too much sense. With that kind of levelheadedness it could work out to a better deal. But where’s the drama? I wanted to see Charlie go at it with his dad, or maybe Streep and Hunter mud wrestle. Something.
It’s nice to hear a proposal from Nikki. Well intentioned, and it will be interesting to see if she gets a hearing or gets the brush-off.
My take on it is: if the”no” people are predicting a 75% “yes” strike authorization vote would STILL not compel the AMPTP to negotiate in good faith for the FIRST time since this began – what makes Nikki think a simple majority will compel the AMPTP to do anything but the same, as in “It wasn’t ratified? Too bad. That’s your problem” from the producers and we’re… where?
It is certainly a seminal moment in the history of the guild:
One group (we don’t know how large or how many of them will vote) thinks the economy renders even a Strike Authorization going OUT a mistake, let alone the prospect of an actual strike. They say “wait three years. The economy will be better, the unions will be unityed and we’ll go to war then with unbeatable leverage. Now is NOT the time to put people out of work.”
One group (we don’t know how large or how many will vote) says the timing is being forced on us by the AMPTP, and, despite the economy, it is suicide to allow the producers to phase out clip consent, make product placement having actors perform commercials in character in TV and movies, and the loss of forcemajeure, a right since 1937, plus the non-payment of forcemajeure claims 60 million or more due the guild from the WGA strike. This group thinks the “sunset clause” other unions are banking on is a joke, they believe this utopian vision of union unity in three years having unstoppable leverage with the AMPTP, and getting back all the goodies the producers are just figuring out as to how to extract maximum profit from new media, while putting middle-class actors out of business, is a naive, dangerously naive scenario that has no basis in precedent or rational labor negotiating.
I’m in camp 2.
If you understand it is just a question of time before you will HAVE to respond, you may as well respond now, as this contract is being shoved down our throats, rather than in three years, after we’ve caved and put it in writing, and are MUCH less likely to receive any reversals from the AMPTP.
The “stars” who say “vote no” seem to be letting deeply felt guilt over their own success paralyze the stark future facing the middle-class actor they SHOULD be supporting and making their FIRST priority, rather than other unions and ancilliary businesses and guilt that actors will be walking picket lines in New York In February if it comes to that, while they vacation in St. Bart.
It is easy to vote “no’ and feel heroic to the “actor you don’t in good conscience want to put out of work, or the other union members of these businesses that depend on us,” but, of course, that short-term thinking is EXACTLY the trap the AMPTP is banking on SAG falling into, while the producers understand the LONG-TERM vision is THE KEY: a vision of new media unencumbered by profit participation with actors in residuals via a percentage of distributor’s gross, and rollbacks in actor;s traditional protections (clip consent, product placement, force majeure) that allow producers to pretty much force the middle-class actor to do their bidding if they want any work at all, backed by a union that has sold it’s strength and ability to protect its own membership cheap, and will never get it back
I think this is about the future of SAG: we get it right now – whatever it takes – or there effectively will BE no Scrren Actors Guild anymore, except in name.
We must DEMAND our rights, rights we ALREADY HAVE, and rights our predecessors fought for, suffered for, went on strike for. It will shame our heritage as members of this once, and still proud Guild to run away from the obvious threat the AMPTP is forcing on us. Either we tell them in no uncertain terms that WE make the product THEY sell and therefore we DEMAND the respect ofnot a “better” contract, but, simply a fair and reasonable one.
This is not SAG’s doing, and NOTHING Alan Rosenberg or Doug Allen have done or not done changes the reality that the AMPTP, LONG AGO (hell, they SAID it in the NY Times in 2007) decided they wanted to end the payment of residuals to actors. Since it’s a third to half the income of the middle-class actor – as opposed to the “star” actors, who seem to have forgotten when those residual checks allowed them to pay the light bill, put food on the table, and continue to pursue a career as an actor, SAG middle-class actors, the VAST MAJORITY of the union MUST use their collective power NOW to force the producers to negotiate realistically, give us a fair deal in new media, drop these other prohibitive demands, and let us all get back to work.
A lot of the analysis I have heard from the pro-strike side hinges on the home video deal. The home video rate was agreed to in the infancy of the delivery system, then never revised. That is used as the crux of the argument for striking now over new media. Don’t repeat history.
But why does no one mention that the WGA conducted the longest strike in its modern history to attempt to change that rate. Did that strike action work?
People act like the lesson of home video was that the WGA didn’t strike long and hard enough. I say the lesson of home video is that a single union’s actions are not enough to move the companies in the modern business landscape.
Of course the real lesson of home video is never agree to ANY rate in the infancy of a new delivery system. If you’re willing to lose some income now for income later by striking, you should have been willing to let new media ride until you knew how much money was there. But that’s already been mucked up.
I love Alan’s persistent comments regarding the need to educate people in order ofr them to come to his side. Has it ever occurred to Mr. R that people can be just as educated as he is and come to a different conclusion? Is he implying that ignorance or stupidity is the only reason anyone might possibly disagree with him?
Way to go Alan — imply vacuous ignorance on the part of many people in your own Union. That sort of flowery talk aint going to win the day with the people you need most, and it provides a window in to the way this mess has been handle from the start. You aren’t educated unless you agree with Mr. R.
While I’m personally sympathetic to many of the issues that SAG “was” seeking, the strategists have been the union equivalent to the Detroit Lions. What a mess…. perhaps its time to realize the real plausible fight is a few years down the line. By that time there may be some healing between AFTRA and SAG providing someone has the sense not to further alienate potential partnerships.
Nikki nails it.
If the strike vote fails, then what does the AMPTP have to argue with? They know at that point there is no strike coming. At that point, there is no bargaining, just as Nikki points out. The odds of reaching a 75% super majority in favor of a strike right now are almost nil. But if you throw this to a vote, would it be accepted? That’s a possibility, of course, but if that happens, it happens… what it would really show if that happens is that the union would have never remotely weathered a strike, which would be damaging in a way that couldn’t be put back together. So, throw it out there for a vote. Be transparent. Let everyone who’s voting know exactly what they are getting, and see what happens.
But taking a vote on a strike when you know it will fail? Idiocy. You know 100% at that point you will HAVE to take the deal, because at that point why would AMPTP re-negotiate at all? They’d know all your threats were completely hollow then.
Nikki,
Very thoughtful and levelheaded. I hope someone with some power in this whole thing reads your blog.
If the vote is sent out with no recommendation either way, it’s the same as a “no” recommendation. The vote will fail, and we’ll be exactly where we are now with more months of uncertainty. Nice idea, but won’t work.
Nikkie, your recommendation is the best approach. Let the members vote on the contract. And if they don’t vote, then they shouldn’t vitch about whatever happens.
Time to put up or shut up.
Just thought you’d all enjoy chewing on this for a while:
Eileen Henry, Former 2nd National Vice President, Screen Actors Guild, Former NY President, Screen Actors Guild Current Trustee, Screen Actors Guild Pension and Health Plan speaks out about NO campaigns:
“I’ve seen, as have you, that once people invest themselves in mounting a “NO” campaign, it takes on an ugly life of its own. And to what end? Is the will of the majority of the Board never to be followed? How much dissension can any organization take before it implodes under the constant pressure? The simple truth is that if you don’t trust your elected Board, the people you have chosen to represent you, then this form of government can never work.” (Screen Actor Magazine Summer 2004)
Hmmm…
I think you are right about the “mother of all strikes” occurring in 3 years time. The biggest issue isn’t what is on the table now, but the fact that the residuals system is completely broken. Why anyone should be paid out of the gross proceeds of a movie is beyond me. The studios should account 100% of all proceeds on a movie or television show, but they should be permitted to recoup all of their actual out-of-pocket costs on each show/film (production, distribution and marketing, but not studio overhead) before anything is paid out to anyone. After recoupment, the guilds would be eligible for a higher share of the proceeds, along with any backend participations payable to talent. However, in order for this “new world order” to be put in place, the business needs to officially bury the Gross Deal. Let’s put some smart business sense into the business of entertainment. The studios can then stop whining about all of their escalating costs (which only get compounded by stupid gross deals), and the guilds can stoph whining about not getting 100% of proceeds included in their residuals calculation pot. As it is, the studios (and frankly anyone who finances TV or film) have to give out 7-8% of the gross off the top to the guilds before they recoup their costs. This gets compounded by the greedy stars (and the agents who rep them) and the equally greedy studios who pay out additional gross to those stars / talent. Let’s make this a true success based business, where everyone prospers in success, but no one prospers in failure. That’s only fair, and it aligns everyone’s interest.
Correct me if I’m wrong but I notice that the AMPTP only calls what it had on the table as of June 30th 2008 its ‘Last Offer’ not its ‘Last Best & Final Offer’. Legally the latter term has significance while the former doesn’t. If what the AMPTP has put out there is really a ‘Last Best & Final Offer’ *AND* if SAG turns it down, the companies can then impose its terms and conditions, which of course SAG can then act upon accordingly. I really don’t think the AMPTP intends what they have offered as of June 30th, 2008 to be a ‘Last Best & Final Offer’ or otherwise they would have used that legal term of art in their press releases etc. I really don’t think the AMPTP wants to provoke a strike or at least they don’t want to be seen as being responsible for one happening so they’re cool with all the dissention going on in the actors camp (they figure actors will keep blaming each other and not them).
Moreover one possible outcome of a ‘Last Best & Final Offer’ is in U.S. labor law a concept
called “premature impasse” by which employers incorrectly declare an offer ‘Last Best & Final’.
This is an unfair labor practice exposing the
companies to serious legal liabilities.
SAG could argue that the AMPTP is not actually the decision-maker in the negotiations process or the party to properly bind the companies to an agreement and that if all the execs themselves don’t come to the table to bargain, “premature impasse” has been reached. I also think the AMPTP does not want to go here which is why they call the offer a ‘Last Offer’ and not a ”Last Best & Final Offer’.
If I am right, shouldn’t SAG’s leadership make the AMPTP clarify that the ‘Last Offer’ is actually a ‘Last Best & Final Offer’ before it sends it out for a ratification vote as Nikki suggests? It’s that next step beyond a ratification vote that needs clarity (and could be a trap for the unwary if duly deserving executives)
Also I’m 100% with Eric Bogosian’s suggestion…the WGA had showrunners (producer-writers with clout) to help push things along…his suggestion of a group of producer-actors with clout to help with the restarting of the negotiations process is a good one.
Meanwhile other channels are being looked at by other interested parties including fans & viewers…we have lots of research and thinking to do over the holidays.
I love you, Nikki!!!!
Happy Holidays!
Although I understand where you are coming from, Nikki, your assumptions of the sudden involvement of the CEO’s is a little naive. And believe me, your suggestions have been discussed, ad-nauseum (sic) by many on the board. It is not a new idea/recommendation.
Many believe the strike authorization is the first bite of a shitty apple. The second bite, if the authorization fails, is sending the June 30th deal to the members for ratification. Many believe that to send out the offer, without first taking the temperature of the membership, is a risk.
Believe it or not, some believe that the membership would ratify this crappy deal, believing that in 3 years all the stars and moons will align, SAG and AFTRA will be successfully merged, the economy will miraculously rebound, the DGA will beg for forgiveness by not selling us out (again), the WGA will have the stomach to endure another strike, the Teamsters and IATSE will see how important residuals in new media are to those “lazy, spoiled, pansy-ass, whiny” actors, and our highest of the high profile actor/ producers will see the light and band together to really stick it to “The Man”. Come on!
I say let the membership have its say. Let the membership vote on the strike authorization. Demand that the national board let the autho go out. Whether we achieve the 75% or not, god darn it, the membership has the right to voice its opinion.
What I don’t quite understand is why UFS and the NY Board demanded anything at all. If we are to believe the nay sayers, there’s not a chance in hell that the strike autho will pass. Why didn’t UFS and NY just sit on their small hands and remain quite, watching everything fall apart so they can then ride into town ( or board room) on white horses to save the day? Maybe someone can explain to me why Ned Vaughn and his crew are demanding yet another board meeting. To discuss what? If things are going their way, why not just wait until the scheduled plenary to fire NED Allen, nullify Rosenberg and his supporters, create a shiny new negotiating committee with John McGuire at the helm and sit down with those mean ole AMPTP monsters and smile, charm and flirt their way into begging for the AFTRA deal?
Reality: It doesn’t matter who sits across from them; MF, NY, UFS, or Jesus Christ, Moses,Buddha and L.Ron Hubbard, the AMPTP will not give up on their new media proposals without a freakin’ fight. They do not want to pay residuals on all products made for new media. They don’t want to be forced to use SAG members in new media productions with budgets of $15K or less. They don’t want to be forced to provide meal breaks on feature films. They don’t want to pay up on the $60 to $100 Million they owe 87 casts due to our Force Majeure protections. They want the freedom to force an actor to do a commercial within scripted programming without consent or even compensation. And on and on and on. That infamous “Sunset Clause”, that UFS, Richard Masur, the NY board and others are relying on, is as real as Santa Clause.
We need to at least find out how far the SAG membership is willing to go. The board needs to be told by the membership either “take the deal and wait to fight” or “hold firm, force them back to the table and do the best you can”. The only voices that count are all of our voices. Not just Producers Hanks, Clooney, Sarrandan, Perlman, Devito, Baldwin, Field, Alexander, Olin ( also a show runner), and any other actor who has completely lost touch with the rest of us who rely on residuals, clip consent payments, commercials, getting a meal break, and everything else the majority of the SAG negotiating committee is trying to protect, to earn a decent living in this industry.
Oh, and by the way… for all of the series regulars/movie stars who have signed onto the “Vote No” petition… since the money is so unimportant to your personal lives, if SAG is successful in achieving the millions of dollars owed because of Force Majeure and the WGA strike, either through these negotiations or the pending arbitration SAG filed on YOUR behalf, do the rest of us a big favor; donate your force majeure earnings to the SAG Foundation.
Theev
You have no idea what you are talking about! in your world no one would make a dime. Everyone knows a movie never makes a profit. The bigger the movie the less it “MAKES” did you know “Pursuit of Happyness” Sonys biggest movie of the year didn’t “Make” a dime. The only backend money seen by anybody was Will Smith who had a percentage of Fisrt dollar Gross. You must be a producer or a fool or both.
Merry Christmas!
I wish someone would look into the vote “NO” petition’s 1,300-some numbers since there is no way to verify who “signed” the NO list.
The NO “petition” website simply asks for a name, and check a box if you are a SAG member. How can that be verified???
The SAG.org YES VOTE petition asks for your name,email, and SAG membership number. I would think the membership number is a pretty good validation.
But on NO, check a box “I am SAG” and leave an email address, phoney or real, on the “NO” petition. Seems pretty bogus. And if you check the NO list there are double names and names that are also on the VOTE YES petition.
You decide which is real and which is illusion.
The AMPTP in a press release said, “For that reason, we are continuing to urge SAG members to study the Producers’ offer at AMPTP.org ”
I hope S.A.G. members will educate themselves somewhere besides the A.M.P.T.P. site. youtube actually has some simple and clear breakdowns of what the contract means if you search that site for “sag strike”.
The short of it is through current technology advances TV will be delivered through the internet to your TV set in the next year and actors will receive virtually no residuals for film and TV reruns because that internet delivery makes what you watch on TV “New Media.”
They are playing actors for suckers.
Every indication is that the economy will be far worse in 2.5 years. Could we at least admit that the current economy will be the stronger of the two and that the next opportunity for negotiation without a weak economy as an argument will not occur for at least 5.5 years. Everybody want to wait until then? And again, no matter what, DO NOT sign that death warrant the moguls have put in front of you.
Take it from a WGA writer: our new media gains, while significant, will require future years of hard bargaining to ensure that we don’t lose billions like with the dreaded video and cable formulas. But we started the fight immediately because we knew we had to. The reality is that the companies and their AMPTP reps will FUCK YOUR UNION out of every cent they possibly can. I would strongly encourage every SAG member to consider what is best for you ten years from now and not just next year before you A) PUBLICLY rip your elected leadership in half, B) Declare that a recession precludes you from fighting for your rights as artists, and C) Trumpet the fact that a bunch of A-list actors (read: producers) have declared themselves anti-strike…even though the January vote is a strike AUTHORIZATION. And by the way, I love every crew that I’ve ever worked with, but you’re not selfish for going to the mat to protect your future earnings.
Wasn’t there a statement issued by the AMPTP that basically called out SAG leadership for not taking the proposal to the membership? It was almost a dare if I remember right. At that point I thought this would be a good move. It does show the AMPTP that the membership knows it’s crappy deal and that they won’t take it. It’s more a gesture than anything.
It seems to me that if the proposal is struck down by a healthy majority, and the AMPTP doesn’t go back to the bargaining table, SAG leadership can then go back to the membership and say the producers aren’t willing to listen to what you’re asking for. I think from there it’ll be easier to get a strike authorization passed.
Now the question is, will there be members who assume that vote to pass the contract without knowing that it is not endorsed by the negotiating committee and without reading/understanding it? I think there are people who might just vote yes because that’s what they think they’re supposed to do.
Don’t sign a contract. Wait 2.5 years and then strike side-by-side with the WGA. This has two benefits:
1. Breaks pattern bargaining the next cycle.
2. Eliminates the concern over “establishing” bad terms now.
The cost? A small, incremental “cost of living” revenue increase–far less than even a single day of striking would cost.
This is not hard people.
Richard Gorton presented an interesting idea at the Town Hall meeting. Make “new media” a separate contract like commercials or industrials, then negotiate it separately from Film & TV.
Hey “Director”
Why did the DGA fall down on the job, in their infinite wisdom, swooping in, as usual, undercutting the WGA, which then led to AFTRA undercutting SAG, concerning this deal, which, in it’s totality, is bad for EVERY UNION, INCLUDING the DGA?
Time to step up on that “director” and admit the DGA made THE mistake that gave the AMPTP cover on “pattern bargaining” that led us ALL to where we are now – bad deals for everyone, and SAG, who suffers BY FAR the most from the deal, fighting it off while it’s own idiot “stars” who have their deals negotiated by agents completely outside the union minimums framework, now making themselves feel good by attaching themselves to a petition that comes down to: “Economy? BAD. Align self with ‘working actor’ and other unions and ancillary businesses AGAINST possible strike? Makes me (star) look GOOD. Publicist recommends “no” petition. Pay a lot of money to publicist for such advice, so, sign petition. Get on private plane to St. Barts. See you in a few weeks.”
That’s a broad brush, but it aint far from the truth.
Residuals being phased out? Well, it’s a bummer, but if you’re worth 50 million bucks, or a LOT MORE – it’s not REALLY an issue for you: Mr. Hanks, Mr. Clooney. Ms. Streep, Mr. Baldwin, etc., etc., etc.
Clip consent? Product placement? Force Majeure?
See above.
These “stars” reasoning seems to stop there. Do they acknowledge that, IF the AMPTP gets this contract signed as is, residuals go away for their “union brothers and sisters” who are middle-class actors, and rely on residuals for a third to a half of their yearly income?
Do they understand that the votes have ALREADY BEEN CAST to send out the SAV, by the national board (no longer controlled by MF) and by the negotiating committee in a non-party-line 15 to 2 vote?
Do they understand, that IF SAG HAS TO STRIKE – better to do it now BEFORE THE CONTRACT IS SIGNED and precedent is established?
Do they understand that the likelihood of the unions “joining hands in 2.5 or 3 years for ‘The Mother of ALL Strikes’” is a ridiculous fantasy? Three years? Let’s face it – we can’t predict what the world, let alone the entertainment industry will look like, three DAYS from now, but they are telling us (if they’ve even gotten that far in their thinking) – “wait three years – it will be a better time to strike then.”
A BETTER TIME TO STRIKE? WHAT THE FUCK DOES THAT EVEN MEAN?!
Do they understand that, precedent – ALL PRECEDENT – tells us that, once the AMPTP starts to develop a business model for new media and a reliable profit stream, that they have NO INTENTION of giving back these things SAG is trying to fight off giving them – and that THIS PETITION does serious damage to SAG’s efforts to DO THAT?
Do they understand LONG-TERM thinking over SHORT-TERM, politically correct, idiocy?
Matt Mulhern
SAG, AFTRA, DGA, AEA
What does the SAG negotiating committee say about “Director’s” comment? Couldn’t we continue to sue over force maejere payments in the interium? I’d be interested to know –
Don’t sign a contract. Wait 2.5 years and then strike side-by-side with the WGA. This has two benefits:
1. Breaks pattern bargaining the next cycle.
2. Eliminates the concern over “establishing” bad terms now.
The cost? A small, incremental “cost of living” revenue increase–far less than even a single day of striking would cost.
Here’s an idea: In order for them to use our likeness ie our work in New Media we have to have a contract. If we refuse to sign their contract and keep working with the current one, then anytime they TRY to use our work in New Media we can either sue or go to arbitration. In other words, we say no to the contract, put it back on them to come up with a better one, keep working and refuse to allow them to use our material in New Media until they pay us a fair rate. Turn the tables back on them! They can’t use our work if they don’t pay us. And we won’t let them until they give us what we want. Just sue and sue and arbitrate and arbitrate on everything, everything, everything until they give in. And we can keep working in the meantime.
Just in case SAG members, and other members of other Guilds and Unions and Federations do not know what is at stake in the Amptp’s Final Offer of June 30, 2008:
Here are the 12 Outstanding Issues at a glance:
1. Union Contract Coverage in New Media:
If producer chooses, no original new media production costing less than $15,000 per minute would be covered by this contract’s terms.
(SAG – All new media prductions made by Amptp companies are covered by the TV/Theatrical Contract. We have proposed a tiered system, similar to our low budget feature contracts, which sets minimums per budget level.) We have already signed over 700 independent NM contracts, we have the formulas.
2. Residuals in New Media – No residuals for made for new media programs reused on ad-supported new media, meaning the program could run forever and never pay residuals.
(SAG- All new media productions should pay residuals, regardless of the exibition platform. Residuals paid on all programs used in new media.)Its the old, “If they make money, we make a bit; if they don’t, we don’t.”
3. Residuals for Programs Produced Prior to 1974 and Moved Over to New Media – No residuals to performers in programs produced prior to 1974.
(SAG – Library product from the past should pay residuals.) Think about the actors who started this business…a residual could mean they are covered for health care.
4. Product Integration – No notice, no consent by actor, no compensation for product integration, and no study either.
(SAG – Performers notified and, if they consent, are paid when requested to extol a product in scripted programming. A study of product integration trends should be conducted.) This is going to directly impact the Commercials contract coming up in March ‘09. I wonder how much Jim Carrey was paid to spout about RedBull in his latest film? But that is beside the point; he gets millions upfront. We are concerned about the middle class actor, getting scale, and being forced to promote a product without compensation, or else lose the job.
5. Background Actors – In Western background zones, adds 1 background actor, excluding 1 standin, to the TV coun and adds 2 background actors, INCLUDING all standins, to the theatrical count.
(SAG – Staring in the first contract year, exclude all standins from the count (AS THEY ARE ON EAST COAST JOBS), while increasing BG numbers by 2, then by 3 more in the second year, and by 3 additional in the last year. Additional background zone in New Mexico.)
6. Stunt Cooordinators’ TV Residuals – NO residuals for TV stunt coordinators
(SAG – Residuals for stunt Coordinators.)
7. DVD Residuals – No increase in DVD residuals
(SAG – P&H contributions paid on top of the current DVD formula, thereby increasing the formula 15%)
They said we would “revisit” this formula years ago, remember?
8. Force Majeure – Cuts force majeure provisions (protecting actor’s pay) from our contract, making individual actors bargain this seperately.
(SAG – Preserve the Force Majeure provisions of the contract that have protected actors’ pay for decades.) This is another Rollback – And currently, none of the force majeure money has been paid to actors for the WGA strike, somewhere between $60 and $400 million dollars.
9. Union Security in New Media – Performers engaged to work on a covered new media productin would not be required to become a member of the Guild in good standing untill they worked for at least ninety (yes, 90) days.
(SAG – The current contract says that membership cannot be required of a performer by a producer as a condition of employment until thirty (30) days after first employment.) Goodbye Taft-Hartly
10. Mileage – No increase. Current reimbursement rate has not changed for 30 years.
(IRS reimbursement is 58.5 cents/mile. SAG is asking for and increase from 30 cents/mile to 40 cents/mile.)
11. Major Role Premium – Increase from 7.5% to 10%
(SAG is asking for an increase to 13%)
12. French Hours, Motion Pictures Only – On a vote of the cast present on the First Day of Principal photography, “french hours” would be instituted, meaning there is no designated meal break and performers eat when thy can.
(SAG- Rejects this Rollback to eliminate scheduled meal times.)
******
Please go to http://www.sag.org and get the facts. They’re all there.
C’mon Frances why not ask for a show of hands? ………… What’s at stake is what you guys have already lost. Every single new pilot will be shot under an AFTRA contract. SAG will need to merge with AFTRA just to keep it’s pension/health solvent. …………………… C’mon show of hands, who thinks we fucked up.
O.K. – here’s my idea:
The “no” people are saying: “Timing is bad. Economy bad. Take deal and live to fight another day. Let AMPTP know that, in 2.5 or 3 years, the unions will unite, we will have unstoppable leverage, and if necessary, we will wage ‘The Mother of All Strikes.’ ”
The AMPTP is saying: “Sign deal as is. Non-negotiable. We need to have ‘flexibility’ to ‘experiment’ with new media, but, per our ’sunset clause’ we will ‘revisit’ and ‘renegotiate’ this in three years, after we have a better understanding of the profit stream and the business model.”
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Next:
SAG leadership agrees to AMPTP’s deal.
SAG says: “Let’s meet, we’ll sign deal, as is. BUT, we will bring a rider, which YOU will sign.
That rider will say: “We, the AMPTP, agree unconditionally, that, on June 11, 2011, three years to the day after SAG’s TV/Theatrical contract expired, we (the AMPTP) will sign a three year TV/Theatrical deal with SAG that gives SAG X% of distributor’s gross on ALL new media, both original and all content going back to 1960. We agree the non-union clause in this contract signed in 2009 will be removed and ALL new media work will be done union. We agree that SAG will regain clip consent, as defined in their deal that ended June 11th, 2008. We agree SAG will regain the definition of product placement that was part of their contract that ended June 11th, 2008. We agree to reinstate all Force Majeure rights, as they existed in SAG’s contract that ended on June 11th, 2008. We also agree to pay past Force Majeure payments due, with 7% interest, on June 12th, 2008, in full. For every day we miss that date, we will pay a one million dollar penalty. We also agree that SAG will get a 15% increase in DVD residuals as of June11th, 2008.”
Then:
“If the AMPTP does not agree to this rider, SAG will join with the WGA and AFTRA and declare a strike starting June 12, 2011.”
End of rider. Signed by AMPTP, SAG, AFTRA and WGA
——————————————
Now, just think about that for a minute:
1. It holds the “no” people to their pledge as to the “Mother of All Strikes,” IF the AMPTP doesn’t agree to SAG’s overdue needs in 2011, by signing the rider NOW.
2. It makes real this idea the “no” people have, that there will be “union unity” by obtaining an agreement NOW from the WGA and AFTRA, to certify that, IF the AMPTP doesn’t sign this rider NOW, The WGA, SAG and AFTRA will strike together, in 2011.
3. It allows the AMPTP the “flexibility” to “experiment” as they say they need right now, while holding them to their pledge to “revisit” and “renegotiate” in 2011 per the “sunset clause.”
—————————————–
What will happen?
1. My guess is the AMPTP will say “no,” which raises some very serious questions regarding the argument of the “no” people in SAG right now, that would need to be answered.
2. If the AMPTP won’t agree to these points to avoid a strike NOW – WHY are the “no” people banking they’ll agree, strike or no strike, in 2011?
3. The WGA and AFTRA would NOT agree to sign this rider, which raises some very serious questions as to the “no” people’s argument regarding “union unity” in 2011, that would need to be answered.
4. And, finally, it holds the “no” SAG people, who all say “it’s a terrible deal, but the TIMING is the problem,” accountable NOW for their pledge to engage in “The Mother of All Strikes” in 2011 – with the support of the other unions, because “the economy will be better and we will strike if we have to to achieve our needs then.”
Now, fire away: but I think this would clarify A LOT of things being predicted and pledged NOW – both by the AMPTP and the “no” people in SAG.
Hilarious. You are right. Your proposal is reasonable. But one problem:
Rosenberg and Allen are not reasonable.
They are calling this meeting with ONE AGENDA in mind: getting support for their absurd strike lust. They want a strike. They’ve wanted one for months, and now that the pressure has mounted, rather than call it off, they’re merely delaying. Notice they didn’t say “It’s off. We’re going to meet to figure something out.” instead they’ve made it clear that it’s merely temporary and a mission to restore “unity”. What’s hilarious is that unity to them is basically everybody doing what they want, otherwise they’ll publicly bash you then when you return the favor they’ll say how dare you since they can dish it out but not take it.
I would LOVE for them to out the contract to vote and get this deal done by February, but the past is a good indicator for the future, and so I have no real hope that these individuals can put aside their egos and do what needs to be done.
nmh is correct. Nothing in Nikki’s proposal would force the AMPTP back to the table, regardless of the percentage by which the AMPTP’s proposal is rejected.
Also, SAG has already proven its membership overwhelmingly has rejected the AMPTP’s so-called “last best final” offer with the postcard poll months ago.
I remain unimpressed with name actors lining up on either side of the strike authorization vote. Many of them are hyphenates, working also as directors, writers, or more often as producers. This is about the future of actors as a whole, the guild and the industry, not the economy or the whims or preferences of the most successful amongst us.
We need to give SAG leadership this weapon in our fight with the AMPTP. We need to be able demonstrate that we are ready, willing and able to use force, little as we might want to. Anything short of a strike authorization will not be taken seriously by the moguls.
Mr. Mulhern’s rider is clearly a comical overreach. It conflates a number of secondary, SAG-centric issues with the New Media problem that is of great concern to all the creative unions. None of the “Vote No” people (at least, none that I’ve read) are arguing that issues like clip consent or product placement will be a part of joint union concerns in two years now (just over two years, anyway).
That said, there is some merit to the idea of SAG proffering another rider. I would propose one that would take New Media entirely off the table for this negotiation. Let the studios “experiment.” Let SAG do its studies. There would be losses for SAG, of course: no requirement as to unionizing new media productions regardless of budget, short-term loss of income, etc. But by not addressing the issue in any way in the current contract, no precedent is set.
I should also point out that before dismissing the so-called “sunset clause” in the current AMPTP offer, people should give it a read. It is a well-crafted piece of language that does effectively eliminate all of the new media provisions in this contract as of its expiration. This doesn’t discount the Vote Yes folks’ concern that once any sort of intellectual precedent is set that it will be harder to argue against, but this sunset clause is very explicit in its language. Calling it worthless because one doesn’t like the studios ignores the fact that this deal would be a binding legal document and that the language in the sunset clause is such that if the AMPTP ignored it they would be subject to NLRB and civil complaints.
First: examine the logic of “Rosenberg and Allen want a strike.”
Why?
It seems they are trying to fight off a terrible contract, and a strike authorization is the only way to get to that final conversation to see if the AMPTP seriously wants to cause a work stoppage on what we ALL seem to agree (in SAG) is a terrible deal (why, when we all agree it’s a terrible deal are we…. oh, never mind)
———————–
And “anonymous”
Despite the condescending opening of your response to my idea, you seem to embrace the basic concept.
Which is fine. EVERYTHING I suggest? No – that’s not the point. But, what seems to be a rather obvious commonality between the AMPTP and the “no” SAG people is – “NOT NOW.”
So – o.k., not now. But my idea is, in it’s most basic form – both of you (AMPTP and “no” SAG people) are saying “in three years we will do thus and such to fix it then, just NOT NOW.”
O.K. – fine. PUT IT IN WRITING NOW.
Seems to me, asking the AMPTP and the “no” SAG people to put up or shut up NOW about what they promise or reassure or predict makes three years from now a better time to address this problem?
If they WON’T do that? Then I think the SAG membership would take a long, hard look at kicking this terrible contract down the road. So much so, I would venture a guess SAG might see that current 65% “yes” in the current “yes” vs, “no” list, start to climb rather quickly.
Why?
Because you can’t have your cake and eat it too. That’s exactly what BOTH the AMPTP and the “vote no” SAG people are trying to pull.
Why not force them to show their hands? Will they commit NOW to what they predict or reassure or promise for 2011?
Hmmm….
Dear Matt,
OK ….. Here we go. Just because we think the deal is shit….. (and we do, at least I do). Does not mean we have to strike, or for that matter trust the Allens with a strike Autho. Two independent truths are emerging.
1. The deal sucks.
2. A lot of the membership does not believe that the current leadership can handle the job at hand.
I don’t know the final remedy for this dilemma, but giving them the power to call a strike does not seem wise to me. All this talk of New, New, New.
Let’s find a “New” way to pressure the Producers……………… Or don’t “We” have the balls to do that
44 – Cool. Fresh ideas to bring the AMPTP to the table to actually negotiate in good faith? We’re all ears, let’s hear them.
Nothing? Hello? :::crickets::: That’s what I thought.
Now let’s go over what SAG’s already done:
1. Their homework, unlike the DGA. New media is NOW media, plain and simple. Revisit? We’ve seen this play from the AMPTP before. DVD residuals. Or, rather, the lack thereof.
2. Give. A lot. Too much if you ask me. SAG, lest we forget, compromised on the free exhibition windows, DVD, mileage, background minimums, and a number of other important points. And they’ve gotten zilch in return from the moguls.
3. A postcard poll. The membership overwhelmingly rejected the AMPTP’s “last best final” offer.
4. Brought in a mediator. The AMPTP’s response? A yawn as they checked their watch.
How much more evidence does anyone with any sense whatsoever need to see that the moguls are doing their damnedest to play SAG for chumps and decimate the guild as a viable entity?
SAG (see #2) has bent over backwards. The AMPTP’s goal now is to snap the guild’s spine.
The only thing the moguls will respect is a viable threat to their precious pocketbooks, and the only way to make such a threat real is to for the membership to give the guild the authority to initiate a labor action.
To #44:
The authority to call a strike rests in the hands of the Screen Actors Guild National Board – not in the hands of the President. And certainly not in the hands of Staff.
If SAG continues to be bullied by a few actor/producers who shout from within the vacuum of their little power-bubbles, then our Guild will be reduced to nothing but a minor social club with the negotiating muscle of a feather. This is it! It’s all or nothing! Stand and be counted or put your tail between your legs and whimper away…
To #44
Clearly you didn’t read what I wrote. The reason no movie is “profitable” is due to the definitions of profit that get used in participation deals. About 50% of movies are profitable on average when the accounting is “true”. That is, all revenues and expenses are included, but no distribution fees or studio overhead are included, and home video / DVD revenues are included at 100%, not a 20% royalty. It is clear that you don’t have any idea how movie economics works. If you included all revenues and expenses as they are truly received, then on many movies, the guilds would receive money, and under my scenario, they’d get a bigger slice of it. On the other hand, if the movies didn’t become profitable, then they wouldn’t. And tell me why any guild should make money when the investor in that movie doesn’t? What is that you provide that make your contribution so much more important than the financials contributions made by a studio or investor? Without the significant contributions made by that investor, you have no job. The other piece you clearly missed in my statement was that the system is broken on both ends. The studio gross deal that gets offered to the stars or big director or big producer has to go as well, because it further pushes back the point in time where a movie becomes profitable, as do the gross proceeds paid to the guilds. And for your information, yes, I am a producer and a financier. A small company that invests in movies where we don’t pay out any gross to anyone. In fact, the only gross we pay out is to the guilds. And at times, this has been the difference between my investors making money and not making money, and in fact, me making money because I don’t receive anything until and unless the movies makes a profit. A true profit. Nor do I receive any type of residual. Why should you deserve more? If you really knew what you were talking about, rather than repeating all of the dogma that you’ve been fed, then maybe you would’ve actually understood what I’m talking about.
Nikki Finke -
As a 13 year SAG member, all I can say is I LOVE you and why the hell aren’t YOU on the Negotiating committee!?!?!?!?!
Can we PLEASE, just fu*king get back to work now?
“The postcard poll showed 87% of SAG respondents didn’t want the deal. The AMPTP ignored that. But if we have to do that again, fine. I’m ready for the strike authorization, but I can reject the proposal one more time.
Comment by Simon — December 23, 2008 @ 4:23 pm ”
Bullsh*T!!!! The Push Poll doesn’t mean anything and it’s NOTHING but propaganda!
It had far less than 10% of membership responding to it’s HIGHLY biased wording. I’m guessing many like me opposed to the current negotiating team and strategy received our bogus poll TOO LATE TO BE COUNTED.
I received my push-poll 1 day after voting closed!!!! I called SAG to complain I never got it. Many of my friends in favor of signing the offer NEVER received the push-poll.
Thanks SAG for disallowing ME to give you my opinion.
theev,
Thank you for schooling me,
Now let me give you an economics 101 lesson. If you are producing movies and not making any money, you might want to look into a new line of work.
I fully understand how movies are made. I also make money doing it.
Happy Holidays.
theev -
I am not unsympathetic. How about if actors agree to hold off on participation (including residuals) until after a project is in the black, so long as guild accountants get full access to the books – the real books? Verification would be easy – engage arms-length third-party accounting firms at studio expense. The AMPTP makes a big deal every year trumpeting that this is exactly how they verify the accuracy of Academy voting for awards.
Realistically, such a proposal would be met with crickets, so we have what we have.
In fairness, SAG’s New Media proposal would defer participation until there’s a profit, in exchange for the books being open. The AMPTP has rejected this idea. One may only conclude they prefer their books cooked.
Nikki has a truly intriguing notion. It’s not going to “win” anything but it will crack the ice, or attempt to, that our leaders have built up around this negotiation.
Although the rest of the militant comments here are starting to make me feel as if SAG’s era may be over. In Hollywood you are only as powerful as your ability to actually make a deal. That’s the existential fact, folks.
If you keep holding out and holding out and never make a deal then you are useless. Ask a successful agent. You have to be tough, but you have to know how to close.
And given how few members of our guild actually work, it’s simply too easy for us splinter off further or, the more likely scenario, fade into irrelevence. This is not a time for war but for diplomacy, for collaboration, and for finding a way out of our real problem (which no one has the balls to mention)…that we have become a guild of the unemployed.
44 – Never said I didn’t make money making movies. On the whole I do just fine. But not every movie makes money. It’s an impossibility. There isn’t one producer or financier out there who consistently makes movies that haven’t lost money at one time or another. So apparently you did need the econ 101 lesson. If your movies make money 100% of the time, then I guess you should be running the town. Are you?
MHeister. I agree with you on the books. The books should be 100% open. Our company gets a clean look at the studios books with full audit rights, I don’t know why everyone else shouldn’t. But I agree with you that we have what we have. To be clear, I don’t agree with the AMPTP position on all of these issues. But I do think that while the guilds are correctly making issue of New Media, there is an inherent problem in institutionalizing something right now. In order to do a percentage deal on money from new media, there has to be a universally accepted way by which the Studios make money from new media. TV and DVD are much easier because it all about license fees or units sold. For New Media however, every studio monetizes these things differently: ad-supported, barter-supported, pay for download, subscription based, etc. While one studio might make money on a particular film or TV show using one method, another studio using another method might make less, or none. Obviously, eventually each studio should gravitate to a methodology that makes the most money, but I don’t think there is any clear sense of what that is right now. I don’t think anyone can point to a model that works 100% of the time for every medium. So, staking ground is fine, but if that ground is quicksand, it is understandable that the studios are reluctant to set a percentage in stone that might not be tenable in 2 years.
“Peace for our time.”
Neville Chamberlain
September 30, 1938
Someone school me please, can you or can you not sign the current contract and pull out the few line items your not comfortable with, and continue to discuss those issues. This way you would have a contract, people in all the crafts would be back to work, and you (SAG) could still look like you cared about people.
theev
If there was a mandate that the books be open I would agree with you!
I also think,,,, (since we are on the subject of payment and books), that there should be a salary cap. If you are really worth 20 million you should have no fear……. But that’s another debate!
I am 100% against the “last offer”. I would vote that piece of crap contract down in a New York minute. However, I do not have one iota of faith that other SAG members would follow suit – even though it is in their best interests (today and future) to vote it down. Too many are foolishly afraid of standing up to “management” and their lawyers. If people weren’t afraid – and could see the grim future staring them in the face – we wouldn’t even be talking about this.
I wish people were strong, intelligent, and long-sighted. I don’t think they are… Can someone here prove me wrong?
44 – Something we can agree on. Open books and a salary cap. Amen. let’s make it so.
UnionAllTheWay,
I wish I could prove you wrong but I cannot my friend. If this is to be the end of SAG,and with it’s death the end of the actor’s dignity in the work place,I think it only just that we die fighting. I got your back pal. Let’s give em’ hell on the way out!!