Tag Archives: AFTRA

SAG Update: Radicals Sag, Moderates Lay Down With Lions

sag-logoIn a stunning development, Membership First, the radical faction of the Screen Actors’ Guild, was pushed completely out of power in the entertainment industry’s most important union last month, ending an era that reaches back to the 1980′s when leftist Ed Asner was Guild president.

The Guild holds national elections every two years, when a third of its 70 member National Board and members of its three divisional boards stand for re-election. Two years ago, a new moderate alliance built around a long standing group in New York, a new formation in Hollywood and incumbents in the midwest and other regions of the country helped elect a moderate and self-effacing president, Ken Howard, to replace the vocal and controversial leader of the radical faction, Alan Rosenberg.

Now, that same moderate group pushed almost all of the remaining radicals off the Hollywood Division board and Rosenberg himself failed to gain re-election to the National Board.  The most visible leader of MF in recent months, Anne Marie Johnson, all but declared the organization dead, stating, ”Certain groups have had their time in history to do what they could possibly do, and our time has come and gone.”

The National Board is now firmly in the hands of the moderates as early bargaining has gotten underway with the studios, led by their labor umbrella and bargaining agent, the Alliance of Motion Picture and Television Producers, or AMPTP.

For many in the union the development was a great relief because of the polarizing effect that Membership First’s approach to union politics had on the union’s internal culture.  As I was, before withdrawing from the process, the “leading candidate” to serve  as the union’s National Executive Director under Membership First leadership in 2006 I learned a great deal about the union and have followed it closely since.

Overall, there is no doubt that Membership First was possessed of a very narrow, even stultifying image of how a union ought to function.  After my withdrawal as NED candidate it took another six months to bring in Doug Allen, a functionary of the Football Players Union who, it turned out, had not only crossed a picket line while a young football player for the Buffalo Bills, but was the lead figure in a scam at the Players’ Union that led to a 28 million dollar judgment against the union for stealing retired player’s images in a deal with Electronic Arts for their gaming products.

Hardly an auspicious beginning as the leader of a union charged with defending its members’ images and reputations in a fiercely competitive and complex business environment.  Allen seemed to thrive on images of his life as a linebacker, as if the entertainment industry could be influenced the way it was back in the days of Sid Korshak.

Sure enough, the Producers made mincemeat of the guilds in the 2007-08 bargaining round. Although I had been told during the NED process that a central goal of the Writers’ and Actors’ guilds was to coordinate their efforts to defend the residuals system (which pays guild members for repeated usage of their products down the chain of consumption) and to crack open the 20 billion plus cash cow represented by DVD’s.  Instead the Writers Guild lost faith that SAG under Alan and Allen would be a reliable strategic partner. That made the much smaller WGA an easier target for the AMPTP. A lengthy strike by the Writers ended in only modest gains, although their ability to gain some residual coverage in new media (such as online delivery of shows and films) was important.

Conservative leaders at the Directors Guild and the smaller television based AFTRA decided to go its own way as well and quickly signed “me too” agreements based on the WGA formula. That left the MF led SAG alone and in trouble. They had no strategy other than their blunt public statements. They had done nothing to prepare the membership for a last in line position in bargaining but were unwilling to recognize the limits of the situation and compromise in order to fight another day.  Negotiations dragged on but the MF team was alienating more and more of their members.

Secretly, some moderate voices in the union began a counter-strategy that included, according to one unconfirmed report, at least one meeting between Robert Pisano, a former studio lawyer and the ousted NED of SAG who is now the head of the studios’ lobby, the MPAA. That meeting does not seem to have led to much but it apparently included Tom Hanks and George Clooney who began to lend their support to a new Hollywood based moderate group called Unite For Strength, or UFS.

A central goal of UFS is to “unite” or merge with the smaller TV actors union, AFTRA, arguing somewhat oddly that unless the two unions merge the studios can play the unions off against one another. But for more than 20 years the two unions have bargained as a team and the basic terms and conditions in their two contracts are identical. Where a problem has emerged is in new areas such as cable and now digital media where AFTRA has claimed SAG does not have exclusive bargaining rights, thus enabling AFTRA to negotiate lower rate contracts to attract employers. This is consistent with AFTRA’s historic origins as a union formed to compete against SAG with lower rates for television film actors in the 1950s. Of course, a merged union would still have the temptation to offer such deals, as SAG itself does for new media and low budget independent productions.

That UFS has focused so intensely on merger with AFTRA as the solution to the union’s problems suggests, in fact, that it is sticking its head in the sand to avoid the real issues.  Nonetheless, the mood of the members had by the fall of 2008 shifted against MF. UFS and friends in NY and the other regions of the country were able to get Ken Howard elected president as well as achieve a narrow majority on the National Board. They quickly moved to oust Doug Allen and brought in a former studio lawyer, David White, who had been recruited from the studios’ big corporate law firm, O’Melveny and Myers, to join SAG as general counsel when Robert Pisano, then a partner at O’Melveny, was hired as NED.  When Pisano was fired by Rosenberg, White eventually left as well, to set up a law firm that represented producers on labor issues.

Now in the most recent election season, the moderate alliance has solidified its hold on the union leadership and made the merger with AFTRA its immediate priority once the current round of bargaining is complete.

But a big question remains: what exactly is the strategy for the current round of bargaining?

If it exists, which I doubt, the union has been deadly silent about it. Of course, that is proof that it does not exist. The heart of any union’s strategy must be to increase leverage against the employers before formal bargaining exists. Once the battle is underway it is very hard to regain lost time. But SAG under President Howard has been almost a ghost, you think you see him and then he disappears. While moderate talking heads on various blogs promise a secret strategy is in place, the fact that SAG itself has done nothing to increase its visibility or to present the union’s arguments for improved wages, hours and working conditions to a wider audience means there is no additional leverage at the table.

Although DVD’s continue to be a cash cow for the industry, for example, the union reportedly has dropped any attempt to change the revenue sharing model for DVD’s  that even Wall Street analysts say is lopsided. Since new media has yet, and will not for quite some time, replace DVD revenue in the income statements of the studios, focus on new media will mean little for actors’ pockets.

Three years ago, the studios knocked the guilds on their heels with demands for an end to the cherished and critically important residuals system. Residuals are the lifeblood of many actors who do not have the steady work of many in the entertainment industry. Residual payments can help actors survive from project to project, thus achieving for the industry a level of labor flexibility and reliability that has made Hollywood a critical American industry for many decades.

While bargaining has been underway for a little over a week, there is no word on whether the studios are pushing for such dramatic structural change. SAG members better hope that that is not the case, because their leadership is ill prepared to deal with such a scenario.

Stay tuned!

AFL-CIO President Richard Trumka Avoids Merger Issue in Guild Talk

AFL CIOPublicly at least it appears from this report that the new AFL-CIO President, Richard Trumka, avoided the entertainment guilds’ hot button issue, the proposed merger of SAG and AFTRA, when he addressed the Regional Board of the Screen Actors Guild in Washington, D.C.

Behind the scenes, however, there can be little doubt the AFL supports merger. The Executive Council now has the AFTRA President sitting on its board alongside the SAG President who sits as a representative not of SAG per se but of the 4A’s. AFTRA recently hired several senior experienced AFL staffers who are to be based, somewhat oddly, in Washington, D.C. not LA. This may suggest their role is to assist the AFTRA senior staff with the merger campaign as much as it is to assist with actual new organizing.

Of course new organizing is closely related to the merger issue – as AFTRA took over more pilots this year it sparked controversy about merger. That issue was highlighted in an article in the LA Times recently suggesting that only merger could solve the problem of actors splitting work between the two unions and thus hurting their eligibility for the unions’ pension and health insurance plans. Of course, there are alternatives to outright merger as I pointed out here and the LA Times story not only ignored those but also failed to explain the Producers’ role in pitting the unions against each other.

I published an op-ed about President Trumka when he first was elected last year. It appeared in about a dozen papers and you can read one version here.

AFL-CIO President Richard Trumka Addresses Screen Actors Guild Leaders | Screen Actors Guild.

Is the LA Times out to kill SAG?

Hey, it could be a coincidence but I am not sure I believe in coincidences.

Yesterday afternoon the LA Times informed me they would not run my op-ed suggesting that SAG and AFTRA reconsider plans to merge because there was a better alternative: performing artists move just to SAG and broadcast journalists move to the CWA where they would join print journalists and NABET (studio engineers and technical staff).

And now today we get this hit piece on SAG by Richard Verrier that was probably created by whatever PR apparatus the SAG and AFTRA bureaucracy is using to push actors into a new union to be run by, you guessed it, the same SAG and AFTRA bureaucracy. It is striking that the Times did not quote any of the prominent members of SAG who have alternative views on merger. Nor did they reach out to any broadcast journalists of AFTRA who might be of the view that News At 6 folks would rather go their own way.

One news tidbit: the Times reports the leaders of the two unions have ALREADY begun secret talks over merger. No transparency or union democracy in action there. The Times story itself is evidence that the leaders are moving faster towards merger than the rank and file of SAG is aware.

Of course the Times leaves out the back story: the producers have picked AFTRA as their go-to union for pilots over the last two years to exact retribution from SAG for its tough approach to bargaining, instead making the meaningless statement that AFTRA’s breakaway from SAG enabled it to win the pilots.  (For the record, I disagreed with the tactics of SAG in the last contract talks but certainly not with their toughness. It was my belief that the tough talk was not backed up by smart tactical thinking that led me to withdraw my candidacy as NED of SAG in 2006.)

Of course the loss of the pilots is now being blamed – by merger proponents and their allies at the Times – for financial troubles hitting actors. The financial troubles are real enough but using that problem to force through an illogical merger that would weaken actor power is a mistake. And ignoring the maneuvering by the Producers and the current guild leadership to manufacture this “crisis” in order to realize their attempt at empire building in the industry is irresponsible journalism.

Sadly creative SAG leadership under the grey ghost Ken Howard is almost non-existent. SAG moderate loyalists assure me that behind the scenes a top secret strategy is being implemented. We’ll see.

Actors lose out on health benefits as SAG, AFTRA keep separate plans – Los Angeles Times.

SAG and AFTRA Should Rethink Merger Plans

sag-logoAfter AFTRA launched its pre-emptive strike with a proposal to form a new union entirely, SAG President Ken Howard has, as expected, endorsed the idea of merger in a statement to members according to Variety.

The last time the two unions tried to merge, SAG members defeated the proposal and if they are smart they will do so again.

The reason is simple enough: there is little in common between the “news and broadcast” side of AFTRA and the actors that populate the television programming that AFTRA represents and adding SAG film, TV, and voice over performers into the mix does little to advance the cause of actor power in the industry.

And what is worse, the proposals now on the table likely harm the power of actors rather than improve it.

Here is an alternative: split AFTRA into two with News and Broadcast to join as an affiliate of the Communications Workers of America under the widely respected Larry Cohen. CWA has already made room for print journalists (the old Newspaper Guild) and NABET (TV technical staff) and so the News and Broadcast members would find a comfortable home there. Meanwhile, actors in AFTRA would join SAG which would assume responsibility for all TV and film performer contracts, perhaps establishing separate internal divisions: Film, TV and New Media.

[Update: My friend Tom Ligon, who disagrees with me on merger, points out - correctly - that I should have taken into account the recording artists represented by AFTRA. My view is that the key is the word "artists" - and so these members should migrate to SAG, as well, since they face many of the same kinds of challenges that dramatic artists face as opposed to the 9 to 5 life of News and Broadcast and journalists.]

This approach achieves what I think is key to strengthening the effectiveness of unions in entertainment, which is making sure that the glue that holds workers together is strongest. In film and TV that glue is created around what actors, and actors alone, do on a daily basis.

If you want to understand the difference, attend a play on Broadway or somewhere in your home town and then turn on the evening news when you get home. The difference in the lives of the two groups should be crystal clear.

My wife and I saw Red a couple of weeks ago in New York with Alfred Molina playing the artist Mark Rothko.  Here is a description from a NY Times review of Molina’s preparation for the part:

For Mr. Molina, the challenge of playing a complicated character like Rothko has meant immersing himself in the artist’s world. He read everything about Rothko he could get his hands on, toured the Four Seasons to see where the paintings were to have hung and viewed every artwork mentioned in the play, including Matisse’s “Red Studio” at the Museum of Modern Art (a poster of it hangs in his dressing room), Michelangelo’s Medici Library in Florence and Caravaggio’s “Conversion of Saul” in Rome. He even made a day trip to Washington last week to see the Rothko Room at the Phillips Collection and the Rothkos on view at the National Gallery of Art.

I have interacted with a lot of TV, radio and print journalists over the years, largely through interviews I do sometimes on a daily basis, and I even played a journalist in college as an editor and writer for my campus newspaper. Journalists are smart and hard working. But they don’t do what Molina did to master Rothko. And that difference is of the essence in organized labor in the entertainment industry. A union that is to be effective in this business must grasp that difference.

Of course, that was a live performance and Molina is a member of Actors’ Equity for that play – but the work required of film and TV actors is on the same spectrum. The similarity only highlights the need, if one wants larger unions, to consider eventually a merger between SAG and Equity rather than forcing SAG to swallow all of AFTRA.

Nothing prevents a true performers’ union from working side by side with the CWA, as well as other related organizations, in confronting large multinational media giants like Fox or Disney. But a union that forces actors to submerge their particular needs and interests to a staff and leadership that also has to respond to the needs of journalists will be crippled from the start.

And I have not even considered what a colossal mistake it would be for the AFL-CIO to help bury or submerge the SAG name itself which remains the healthiest brand name in all of organized labor. (Quick, ask your teenage son or daughter if any of their high school classmates dream of getting their “teamster card.”)

Let me be even more specific about the merger problem. The entertainment guilds are about to head into a new round of bargaining, set to start this fall with early opening talks between SAG/AFTRA and the AMPTP. There is little sign, unfortunately, that either SAG or AFTRA are doing anything in particular to increase their leverage in advance of the talks. Critical to actor leverage in bargaining is the articulation of an argument about value – who creates its and who should reap its rewards. Actors are at the heart of the content creation process and of course therefore at the heart of value creation in the industry. To win a fair share of that value actors must convince themselves, the public and then the industry of their right to that fair share.

But the argument about value is different for actors than it is for news and broadcast. Actors and journalists work in entirely different market segments, appeal in different ways to audiences, and generate revenue for the industry differently. While it is conceivable that for some purposes the two groups can come together and increase impact, for the most part it only muddies the attempt to win the value argument.

It is indeed time to reorganize the unions in the entertainment industry, but the path that SAG and AFTRA have tried and failed at twice before is still the wrong one to take.

AFTRA Jumps the Gun – Proposes New Union in Entertainment and Media Space

n99175441996_28012The American Federation of Television and Radio Artists, or AFTRA, surprised many in the entertainment and media industry yesterday with a call for the formation of a new union to represent employees in the industry. While AFTRA and SAG have been expected to re-open merger talks at some point, the unilateral proposal by AFTRA was not expected. The details are not yet known but in an Open Letter to its members AFTRA leaders called for a “new union for a new world.”

The letter suggests the new union would include actors, performers and broadcast journalists. The letter argues that the major motivation for the new organization would be to “build power” not just reduce the costs of running two unions side by side in the overlapping industries.

Currently, SAG and AFTRA share tens of thousands of members yet have separate pension and health care plans and separate paid professional staff. A merger would presumably have some cost cutting impact at a time when dues flows to the guilds has slowed.

The letter surprised many because one of its signatories, Ron Morgan, an AFTRA Vice President, had only this past week come on to a SAG dominated discussion board to deny that merger was in the works at all.  In light of the mistrust between many in the two organizations Morgan’s behavior was viewed as disingenuous at best. Morgan contends that he only meant to suggest that merger could not take place until after the current round of bargaining was over.

However, the larger question that remains unresolved is how, exactly, a larger new union would change the dramatic loss of leverage of performers in the industry. SAG remains a largely actor dominated organization and many argue, credibly, that the conditions facing actors are significantly different from those facing journalists. Therefore, instead of a merger of both kinds of industry employees, actors should be reassigned to just a larger version of SAG while AFTRA concentrates on journalists.

SAG is currently run by more moderate pro-merger forces and the Guild and AFTRA have committed to engage in some form of joint bargaining with the AMPTP later this year when contract talks over their major contract covering TV and film get underway. But to date neither union has begun any public effort to increase union leverage in advance of the talks. Thus, one test of AFTRA’s commitment to “build power” will be whether they suggest any innovative approaches to the upcoming bargaining round.

To date, the unions have signaled a reluctance to strike which means they must develop other means to change the balance of power prior to the start of talks. Little sign of that yet, however. The unions seem to be relying on the old method of just soliciting input from the members and then showing up at the table and making demands.

AFTRA had its origins in live radio performances and then helped form a Television division which attempted to compete with SAG in representation of actors in television motion pictures.  A running battle has continued between the two groups for several decades, most recently over the success of AFTRA in winning representation in a large number of pilot programs, territory once dominated by SAG.

The AFTRA “new union” approach is similar to that being taken by groups like SEIU and the Teamsters which favor lumping large numbers of workers into large local unions across occupations.  Typically such unions end up with very centralized staff power which gives that staff some leverage in bargaining and the political arena but at the cost of internal union democracy.  Recently, inside SEIU there has been a revolt against these organizing methods leading to a breakaway group in California known as United Healthcare Workers. The conflict has pitted many erstwhile labor allies against each other in a costly legal and political battle.

While that kind of conflict is unlikely here, the argument made by AFTRA would seem to open the door to amalgamation with Actors Equity and the IA, as well. AFTRA recently formed an alliance with the IA and was also elevated to the Executive Council of the AFL-CIO. SAG President Ken Howard is also on the EC but only because of SAG’s membership in the so-called 4A’s, a longstanding alliance of performers unions that pre-dates the AFL-CIO.

The new initiative by AFTRA could not have taken place without the tacit approval of the AFL-CIO hierarchy and likely was made known to the SAG leadership in advance. It is not clear why SAG would allow AFTRA to jump first but the momentum is clearly with AFTRA and that may set the tone for the negotiations to follow.