It looks increasingly like the Hollywood guilds are giving up before they even go into this 2010/2011 round of negotiations with the movie studios and TV networks. This message by 4-time Basic Agreement/FLTTA Negotiations Chair Gil Cates to 14,000 Directors Guild members talks about focusing on health and pension plans and doesn’t even mention demanding more New Media money from the AMPTP. This, despite the fact that Big Media is alive and well and even flourishing not just this quarter but in many cases for next quarter or even the entire year. (Every Studio & Network Boosted Earnings) For instance, Warner Bros’ home video revenue was down 8%, but revenue from digital distribution grew by a sizable 50% and now represents nearly 20% of the studio’s total home video pie. Yet the trickle down effect has been slow or nonexistent for Hollywood when it comes to this and every Big Media revenue stream.
What’s also interesting about Cates’ statement is that this notorious hater of the Writers Guild cozies up to the new SAG-AFTRA cooperation. So it’s clear what’s going to happen during this next round of negotiations: SAG-AFTRA make a quick and easy contract full of compromises and few gains. The DGA soon follows. Which leaves the WGA on its own – facing bogus Hollywood trade reports about impending strike action to create pressure from all the other guilds to hurry up and make a deal “so we all can go back to work”. In other words, capitulation.
I’m honored to be serving as your Basic Agreement/FLTTA Negotiations Chair for the fourth time, and to be giving you the first update on the 2010/2011 negotiations cycle.
As I write this letter, we are little more than a month away from the kickoff of negotiations season for contracts expiring in 2011. On September 27th in Los Angeles, SAG and AFTRA will begin jointly negotiating their feature film contracts with the AMPTP for a period of seven weeks. The DGA is currently planning to commence our own Basic Agreement negotiations in mid-November, following the SAG/AFTRA talks. Since November will be here before we know it, I thought this would be a good opportunity for you to hear more about how the Guild prepares to enter negotiations.
As part of the negotiations process, after my nomination by President Taylor Hackford, I accepted the position of Negotiations Chair at the National Board Meeting in January of this year. Shortly thereafter, I charged our Committees, Councils and staff with the task of identifying our priorities and developing initial negotiations proposals. The Committees and Councils, working with staff, began soliciting input and ideas internally and from their members to help develop our negotiating priorities. They then passed their proposals along to the Negotiations Committee to be discussed and further developed, which has already begun and which I’ll tell you more about shortly.
DGA Negotiations Committee members attend their first meeting on August 14
Part of our process is to develop the best and most thorough research and forecasts on the state of all aspects of the entertainment business available anywhere in the industry. You’ll recall that our comprehensive and well-respected research and forecasts were of great benefit to us in our last round of negotiations. In the years since then, our staff and consultants have continued developing and refining the research, and adding in the information we’ve gathered since. We’ve spent millions of dollars and a great deal of time and effort making sure that we know at least as much as anybody sitting across from us at that negotiations table. We’re confident that our forecasts will serve to once again arm the Negotiations Committee with the best and most up-to-date information available.
The full Negotiations Committee, made up of members from all categories across the country, held its first meeting on Saturday, August 14. At the meeting, we reviewed the initial proposals that had been prepared and began debating and prioritizing the issues. Part of this meeting also included reviewing the latest DGA research on trends in the entertainment industry, the economics of various business models, and the cumulative impact on the DGA’s healthcare and pension plans of the recent recession, stock market fluctuations, rising costs, and healthcare reform. While the Guild’s negotiations priorities are still being refined, I think it’s safe to say that ensuring the security of our health and pension plans will definitely be a top priority in our negotiations with the AMPTP.In the meantime, we’ll continue our research, study the issues, and prepare our negotiations priorities. The Negotiations Committee will meet a number of times between now and November to finalize our proposals. I’d like to thank all the members of the Negotiations Committee in advance for their time, dedication and hard work. Going into a negotiation, nobody knows how much time it’s going to take. This kind of commitment often involves significant sacrifice and we’re all very grateful to our Committee members for being willing to make it.
I’d also like to send our best wishes to our brothers and sisters at SAG and AFTRA as they prepare to begin their contract talks with the AMPTP. As we have said before, we wholeheartedly support the decision by SAG and AFTRA to move forward with joint negotiations and we wish them every success. We hope that together, SAG, AFTRA and the studios can reach a fair agreement for actors that will keep our industry working.
It’s impossible to know exactly how this negotiations cycle will play out. But no matter what challenges lie ahead, you can be certain that your Guild is laying the groundwork, studying the issues, and doing everything possible to protect and promote your economic and creative interests. We will be prepared for any outcome. Negotiating a strong and healthy contract is our number one priority.
I’d also like to wish DGA Second Vice President Bill Brady a fruitful and successful experience as he heads the Network Staff negotiations that are expected to take place in September in New York.
I look forward to staying in touch with you over the next several months as we move forward and will use direct mail, e-mail, the DGA Monthly, and the DGA website to keep you current on what’s going on.
Gil Cates
Editor-in-Chief Nikki Finke - tip her here.



Look, the economy tanked, but the WGA is responsible for pushing Hollywood ahead of the curve. Why don’t you ask the support industries, like post production, to tell you just how much profit there is? There’s nothing going on. So profits are up, but production is waaayyy down. That’s why the unions have to step up to the plate and pitch in. Otherwise, all the work is going to go to Asia and Europe and Canada. The unions have been blind to this for years. Keep it up and you’ll see SAG lose even more ground. Their big mistake was not allowing Canadian-like buyouts of residuals, which would have meant so much more money in the pockets of actors in low-budget films. That and other concessions would have helped keep the TVM here in LA. And why is a TVM a lesser animal than a feature to SAG and the California Film Commission, who don’t allow the same breaks as features of the same budget? Elitists all.
No mention of the WGA at all. I guess Gil has no ‘brothers and sisters’ over there.
So now Gil Cates has decided he can’t work with a crazy radical like… John Wells?
At what point does the DGA realize that its bargaining power is enhanced by carefully positioning itself between the studios and the WGA, as opposed to playing studio toady?
Mind you, we’re not talking about what’s good for the town and certainly not other talent unions. God forbid. We’re just talking about what’s best for the DGA’s own membership. How does Gil Cates serve the DGA’s membership by assuming a position of weakness?
Ive been an IATSE member for 24 years, same thing should have been paramount negotiating topic back then..
Way to tip your hand, Cates. What kind of negotiator announces the compromise he’ll settle for before even starting?
Scumbag. That’s all you can say about someone who preemtively sells his own out, along with everyone else in town. He should be ashamed of himself, and everyone who elected him president of the DGA should be too.
As a member of the DGA, this is appaling. As a member of SAG and AFTRA, it bodes ill:
I’m trying to figure out what the motive is for all the appeasers to act, lobby and vote against their own financial interests and those of their memberships.
Where does this passion come from?
New Media
Residuals
Losses of clip consent, product placement protections, force majeure. And that’s just SAG.
What appears to be concession to “a 2% world” as Anne-Marie Johnson recently called it.
What is the motive? What is the passion that drives these people?
Is it simply “winning” merger after 60 years of trying?
Is it having one dues fee, not two? One P&H contribution, not two? One set of dues, not two?
Instead of demanding the casting off of the parasite that caused that – AFTRA – in about 5% of SAG’s jurisdiction just two years ago – they want to merge with that hostile and predatory group?
Provably hostile and predatory? For decades?
The situation has been manufactured by the actions of these people who met the perfect situation (new media) and worked the thing until they arrived where we are right now.
AFTRA clearly used the hold-up for a fair contract negotiating in Phase 1 as they had agreed to do in ’08, promised to do, for the 28th year straight – to seize the moment and bolt, then sign the existing contract.
That set them up as an alternative TV choice for producers.
Now they have TV, not all of it, but soon enough, all of it. Are they entitled to it? No. By the NLRB ruling, no.
So why isn’t SAG filing a Unit Clarification claim against AFTRA with the NLRB?
Because, all the pieces of the puzzle are coming together, and that would thwart the plans of the co-conspirators: moderate-SAG, AFTRA and the AMPTP.
But, in the end, what will SAG and AFTRA gain? Will it result in the recovery of what has been lost? The establishment of participation in new media? 4% raises?
I’m going to go out on a limb and say no. The “New Union for a New World” will be a union in name only, and will be structured in such a way as to crush dissent and do the producers bidding.
Does anyone think the “New Union for a New World” will strike to get these needed gains and recover these losses? Of course not. So, are ALL these actors simply capitulating to their own demise? Do they think these actions will make their lives better?
Really?
Do they understand the corporate policy behind ALL of this: the last contract(s), the next contract(s), merger of SAG and AFTRA, is ALL “cost CUTTING?” In the face of insanely record profits by the studios?
Do they actually think actors are going to get back what moderate SAG gave away, as well as further cuts coming, if we don’t come together and fight? That this will transcend the problems, which used to be (2 short years ago) limited to the 5% of AFTRA jurisdiction, of initiation fees, dues and P&H issues, which will be dwarfed by a new world for actors where our former incomes and protections and residuals, and rights have been replaced by new ones that make making a living as a middle-class actor, oh, twice as hard as it already is (was)?
So, what is it? What is it that has what seems to be a majority of actors clamoring for compliance?
Do they think it won’t be compliance? Do they think we are not being bum-rushed into this by moderate-SAG, AFTRA and the AMPTP?
Are these people that stupid?
What do you want us actors to do? Form our own 3rd political group and storm SAG’s or AFTRA’s headquarters? Do another take over? What is it that you think would work in the real world?
You talk about us like we’re all stupid. What we’ve had are two bad choices, and this last go around we partly chose what appeared to be the lesser evil while what also partly happened was a raiding of the store (on many levels).
The fact is that until there is one union, we’re stuck. Negotiation wise, we can’t merge or file a Unit Clarification until this round of negotiations are complete because it would throw us into chaos to do so this late in the negotiation cycle.
The current leadership will not choose Unit Clarification and instead put their efforts into merging the two unions (and they have already started down this path), which will probably be what the membership votes for. So that is the road we’re on.
Only until there is one union again can we begin to vote strength back into the actors. I feel that once there is one union, then there is a chance for leadership change that would give us more of an edge and get back losses and secure wins. Until then, I feel your words are unrealistic and somewhat counterproductive.
I’d love to know the source of the numbers where people are thinking that internet media or iPhone materials are somehow dwarfing other revenue streams. The numbers I’ve seen are quite different.
The Health and Pension issues are quite real for those of us who work in the business. They really do drive this engine. Potential loss of health coverage was a major reason for the end of the WGA strike in 2008 – a fact that was barely mentioned on this site.
It’s interesting that people are ready to announce their anger toward Gil Cates for saying encouraging things to the people about to sit down at the negotiation table, and for presenting a reasonable appraisal of the current situation. But it’s not surprising that this approach is seen here as “capitulation” rather than common sense.
For many of us retired now, as in my case i worked 45 years in our business and never did a non-union production in my career. I do believe the SAG Pension needs to have an audit for those of us who are still owned thousands of dollars from the 90′s when SEG and SAG merged. Many of those companies failed to report earnings for SAG members who worked background for union shows but instead SAG Pension has ruled those shows were non-union which saved Producers millions of dollars. That left many of us with retirement dollars less than what was actually reported through Social Security Administration. Yet SAG says, “SS is not a legal entity, and earnings can only be substantiated through payroll stubs or contracts.’ However, the government recognizes SS as a legal entity why not SAG pension? SAG discarded many records after ten years. A 3rd party audit would bring into question how much money is currently being spent somewhere else outside the SAG pension fund. The investigation into the mess in the nineties are facts that can be proven. Producers gave the actors the shaft over that particular merger. Again, facts are claims that can be proven. The cost to me by my attorney is $10,000 to recoup maybe an additional $500 a month of retirement per month. I am still thinking about it although the cost of settling is much too high. The Screen Actor’s Guild should take up this fight on behalf of its loyal members like myself who gave their life’s blood to a working career covering over four decades.
The need to establish the model for the new media revenue (current media)streams is something that all the guilds must not forgive at this time. No one wants a strike, however to not dig in and at least provide a doable business plan that deals with the current media in all revenue forms, is rubbish. Proper P & H protection is vital, however the focus should be how to get the revenue from all distribution streams. Mr.Cates is very savy, smart and a great leader, but clearly his position would be different if he were to look at the situation from the eyes of the future, not the present. Once the meida real estate is given back, it will more difficult to capture the next time and more costly. If the guilds do not push for the right revenue defintions now for digital media they will never get it. The middle class in hollywood is evaporating, and those who are in the top 2%, have the access to designing custom deals which will always provide revenue streams. The studios will glady give out the small increases to cover P & H, because it is peanuts to protecting the bigger picture.
P&H is a fucking smoke screen. You think this is all about P- and-fucking-H? Or dues? Or entrance fees? Are you fucking high?
This is about realigning the way actors get paid (not to mention writers and, to a certain extent, directors), going into the 21st century.
This is about seeing through the fog of war, and understanding it’s ALL about HUGE corporate interests CUTTING costs to talent, and everywhere else they can squeeze a dime, at the SAME time crying poverty while raking in HUGE profits.
This is UNION BUSTING ladies and gentlemen. Wake up and smell the coffee, before there IS no more coffee.
You are correct, sir. Surprising and disheartening that most others cannot see through the fog. I thought we – collectively – were smarter.
So, Cates and the DGA have done exhaustive research. Collecting data and whatnot in order to have a better handle on the trends and challenges of this business. I think that’s great and more power to them. All talent unions should be that prepared before going into negotiations. I think one of the big questions is did they share any of that information with AFTRA or SAG? Now, I can only assume they did because the current SAG leadership is much friendlier, polite and “moderate” than the previous administration. You remember those guys? The one’s who publicly criticized the DGA for going into negotiate with the AMPTP while the WGA was still on strike against the AMPTP. Setting that crappy template that every other union that negotiated after had to swallow. Bad MembershipFirst! Bad! Now we have a more respectful and compassionate leadership at SAG. A leadership that says “thank you” and “please, may I?” when talking with the AMPTP and AFTRA. So, I think it’s safe to assume that Cates really likes SAG now. Especially since MembershipFirst is gone. And the DGA has shared the results of their research with Pres. Howard and NED White. Right? And they then shared that information with SAG/AFTRA’s wages and working conditions committee or maybe the DGA held a presentation for SAG/AFTRA this weekend during the wages and working condition joint national meeting. Right? I really hope so since Cates sends “his best wishes to my brothers and sisters at SAG and AFTRA…” So, if anyone out there attended the joint SAG/AFTRA meeting this weekend please let us know if the DGA shared any information. Don’t share any details. Just let us know if the DGA provided any information that could greatly assist Cates’ “brothers and sisters”.
i keep watching all these above the line people get pennies more and on the other hand , im watching so many people below the line lose their houses, cars, and not to mention their families…
What happened to their families?
weird, the below the liners I know are all working just fine presently while my spouse who is in the WGA and was getting jobs prior to the economic crash has been out of work ever since. writers can work for free for months, even years, with no promise of anything. that’s just not the case for people below the line, so although I feel they’re certainly important to the process, the do not have the same issues. for writers, residuals can be their lifeline while developing all their material for free. that said, I don’t think anyone can stomach even the threat of the strike and the amptp knows it.
Incredible and predictable. DGA silenced all other positions last time. They backchanneled, undercut, and subverted the whole miserable way. Even when the WGA shocked everyone and strengthened their position they refused to capitalize. DGA demanded the baton, caved, declared victory and then shuttered the whole town by failing to bring in an agreement that they knew SAG and WGA could get behind. If you’re gonna lead, then do it. You want to blame anyone for the length and damage of the strike it’s the DGA who, in their arrogance and pique, were more interested in crowing about the speed of their deal than making sure that their membership would have actors on set for the next three months. We heard about the millions of dollars of research last time. Here they come again. Patrician, condescending, and utterly compromised by their own arrogance.
The real inflation rate is below 1 percent. New media is bringing in no revenue. The biggest increase in the private and public sector is health care costs. By far. And let’s look ahead to social security running out of money. Thank god for the adults in the room like Gil Cates. Nothing shrill, nothing provocative, just dealing with REAL WORLD concerns. Bravo.
There is money in those hills…. It is important that not only the talent take a positon but the lawyers, agents and managers start to take a position as well. It does not have to have the treat of strike, but really force the cards. Of course the studios do not want the layperson to believe there is money, ever conduct a studio audit? Get real. Dig deep and kick the tires then kick some butt.
If New Media is bringing in no revenue, then it wouldn’t cost the studios anything to share in that revenue, would it? You’d think it’d be the first thing they offered us.
Unless, of course, they thought it was someday going to represent real money. In which case, we should fight for our stake in that future now, rather than willingly forfeit it as Gil Cates is doing.
@Grandison,
I much as everybody loves this, “we’re in it all together bile”…. we’re not. Different crafts have different needs and fears.
Screenwriting won’t be exported to India, Asia, or whatever. So using your argument to sway the WGA, is just plain silly. Same goes for SAG. The cast of Grays Anatomy isn’t going to be replaced by the cast of Mumbi Medical.
Stay on their ass, Nikki. You’re one of the few people in Hollywood to take on the guild-woosses.