Statement from Chief Negotiator David Young and the WGA Negotiating Committee.

We have attempted to negotiate with the AMPTP companies since July. First they ignored our opening proposals. Then they told us we had to choose between their two horrible proposals. Then we removed DVDs from the table. Their response was to walk out of negotiations and tell the press that we were the ones who walked. Last week they presented us with another set of ultimatums. They didn’t even wait for a reply but broke off negotiations and walked out again.

There is a strategy at work here.

In any negotiation there are bottom line goals and “fringe” goals. The AMPTP wants to make the WGA reduce our demands to the bottom line so we’ll negotiate down from an acceptable deal to a bad deal If we do this, as we did with DVDs, you can be sure they would not hand us the deal we want. They would simply try to further wear us down.

Patric Verrone and Michael Winship just sent this message to the membership. The WGA is determined to stay at the table until we have a deal. If the AMPTP wants to negotiate in good faith, and end the strike, we are at the table.

Dear Fellow Members,

Before we head into negotiations this morning, we want to give you an update on where we stand.

The trades would have us believe that the AMPTP will start negotiations with the DGA as soon as next week, if the AMPTP satisfies "the DGA's condition that it can establish 'an apropriate basis for negotiations'."

Why sit down with the DGA and not the WGA? Only the AMPTP knows the answer to that question, but for months, Nicholas Counter has said very publicly that he preferred to negotiate

(The piece below comes from a WGA member who would like to be known as "Red Sox Fan.")

The Ol' AMPTP Mindf*ck™

Has anyone noticed a pattern in the last couple weeks' worth of negotiations?

Monday is energetic and everyone's buoyed by the residual anger from the way last week ended. Tuesday there's a sense that they're "really talking." But by Wednesday, there's a creeping sense that nothing good is actually happening.

And on Thursday, the companies do the AMPTP Mindf*ck™.

First, it was the New Economic Partnership. This week it's "we're going to take our marbles and go home. Which means you can't play because we own all the marbles."

This is the letter that was just sent to the membership:

AMPTP BREAKS OFF NEGOTIATIONS

Today, after three days of discussions, the AMPTP came back to us with a proposal that included a total rejection of our proposal on Internet streaming of December 3.

They are holding to their offer of a $250 fixed residual for unlimited one year streaming after a six-week window of free use. They still insist on the DVD rate for Internet downloads.

They refuse to cover original material made for new media.

At today’s Los Angeles City Council meeting, over 300 writers and supporters came to hear Councilmember Eric Garcetti speak to the City Council about the writers strike, and the need to bring the AMPTP back to the table so negotiations can resume.
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The AMPTP did not bother to send a representative, apparently feeling that the $20 million a day damage to the Los Angeles economy is more the City Council's problem than theirs.

Garcetti introduced an emergency motion asking for both parties to resume bargaining, and to come to a just and fair deal as quickly as possible. He also pointed out that the writers are still at the bargaining table, ready to negotiate, and called specifically on the AMPTP to return as well.

The last day of official picketing ended with a high point at Fox.

Writers were joined on the picket line by many supporters. The honking at the Pico gate reached new decibel levels as crowds of picketers filled the sidewalk and waved their signs at the passing traffic.

The signs told the story: "WGA-DGA-SAG", "The House is Not Divided," "DGA-WGA Member," "Union Solidarity".

The appearance of so many SAG and DGA members made the point that even though the AMPTP spin machine works hard to create the impression that there is dissension between the unions and in the ranks of the WGA, the opposite is true.

Of course the strike has created tensions. How could it not?

There should be tensions when so much is at stake and so much has been sacrificed in the fight with the congloms. But our common interests outweigh that tension, and our solidarity is real.

Robert J. Elisberg's latest Huffington Post column, WGA Strike Primer: Spin the Bottle, puts the latest AMPTP ploys and PR stunts into perspective. The entire piece is a must read but here are some highlights...

Regarding the AMPTP releasing a press release just 20 minutes after storming out of negotiations (again) and demanding the WGA drop six issues or else the companies "petulantly won't even talk," Elisberg writes...

Today, we received some solid information regarding the timetable the DGA is setting for its talks. Michael Apted, president of the DGA, and Gil Cates, their NegCom chair, issued a statement:"Because we want to give the WGA and the AMPTP more time to return to the negotiating table to conclude an agreement, the DGA will not schedule our negotiations to begin until after the New Year, and then, only if an appropriate basis for negotiations can be established."The rest of their statement is strongly worded and reflects the same frustration the WGA and the rest of Hollywood is feeling right now. The WGA wants a fair and reasonable deal. The DGA wants a fair and reasonable deal.

The following letter was written by Carlton Cuse and sent today to members of the WGA. His candor and honesty are deeply appreciated by all of us here at UH. The AMPTP is counting on us becoming more divided as time goes on. But we believe the opposite will happen -- is happening, right now. We are staying strong.

To my fellow WGA Members,

I want to clear up any misunderstanding about where I stand.

On November 16 I, regretably, was quoted by a Wall Street Journal reporter saying I was going to perform some of my non-writing, post-production duties on episodes of LOST to protect the show for the fans. However, I'm sure to the delight of the AMPTP, my statement became the story and gave the false impression that there was disunity among showrunners over the issues of this negotiation.

The California Democratic Party is officially on record as supporting the WGA's strike action. Stating in their resolution:

WHEREAS, the Association of Motion Picture and Television Producers (AMPTP) has refused to recognize the legitimate claims of the approximately 12,000 members of the Writers Guild of America (WGA) to fair remuneration through residuals on the distribution of its members’ creative endeavors on any current distribution platforms and those yet to be developed, including the monitoring and enforcement thereof; and

The AMPTP walked away on Friday. The WGA never left the table.

The Guild has made itself crystal clear: Specific proposals have been detailed, compromises have been made, the leadership continues to be engaged in a constructive dialogue to quickly resolve the strike. The AMPTP is as clear about its position: You can't talk to writers because they're emotional and don't understand business.

With the AMPTP away from the table, the negotiation is playing out in the press. If you read Dave McNary in Variety today, there's only one answer to the impasse: the WGA has to accept the companies' demands and get back to work. The companies are too powerful, with their deep pockets and experienced PR resources. The writers' are too emotional, which is great when they're writing screenplays, but not good when you're engaged in a difficult labor negotiation.

United Hollywood has secretly obtained a transcript of one of the earlier negotiating sessions which illustrates just what the writers are facing at the bargaining table...

WGA: We'd like a whopping four pennies more on each DVD sold.
AMPTP: We're going to punch you in the face and take your dog.
WGA: We'd like to be compensated for our work that's distributed over the Internet.
AMPTP: We're going to punch you in the face and take your dog.
WGA: We don't think it's fair you're trying to have short-form content written non-guild.
AMPTP: Fine. We won't take your dog. That's off the table. After you shout from the rooftops and thank us, which proposal are you going to take off the table?

Two articles in the New York Times today (11/16/07) put a personal perspective on the strike. Bill Carter's "Late Shows Move to Help The Workers Not on Strike" and Jennifer Steinhauer's "Writers' Strike Opens New Window on Hollywood".

Carter reports about efforts by Talk Show Hosts to keep their staffs paid, even if they can't be on the air. Steinhauer profiles the personal stories of writers, costumers, assistants, electricians, and thousands of others who are now or who will soon be out of work.

What these stories have in common is one underlying fact: the AMPTP won't sit down with the WGA.

Notwithstanding the AMPTP's full page ads, they'd rather spend their energy and money on avoiding talking to the writers and negotiating a fair deal. And why?

December 16, 2007

Dear Writers Guild of America Members,

I am writing to you on behalf of 120,000 proud members of Screen Actors Guild who stand with you in solidarity as your strike continues. We believe that now more than ever, we must remain strong and even more committed to achieving our common objectives. We are proud to walk shoulder-to-shoulder with you and SAG will be there for as long as it takes.

Your fight is our fight. Our National Executive Director Doug Allen and I are working around the clock with Patric Verrone and David Young to coordinate our strike support efforts. I'm sure you have seen some of the thousands of Screen Actors Guild members who've been walking the picket lines in Los Angeles, New York and around the country for the last six weeks.

(With all the best to Frank Pierson and thanks to Jon Avnet)

The latest AMPTP offer, Thursday's "groundbreaking" proposal, certainly wasn't what any of us hoped for. If we assume the AMPTP sincerely wants to end the strike, then everything they've done so far is counter-intuitive. Given the stakes, their behavior is crazy-making. Most members were shocked and demoralized that the offer was so inappropriate.

But when has anyone enjoyed a negotiation?

Personally, I hate negotiating. At first it feels good when I'm thinking about what I want. My mind's racing with the possibilities. But when the process starts and the first counter-offer comes in, I go through the seven stages of grief. If I want a deal that I can live with, I have to tough it out.

The WGA Negotiating Committee, on behalf of the Writers Guild of America, West (WGAW) and the Writers Guild of America, East (WGAE), today issued the following statement regarding Contract 2007 negotiations:

“The Writers Guilds met today with the AMPTP and discussed issues of jurisdiction for original content for the Internet, Reality TV, Animation, and Basic Cable. The talks also were focused on contract enforcement. For the last two days, we have had substantive discussions of the issues important to writers, the first time this has occurred in this negotiation. However, we are still waiting for the AMPTP to respond to all of our proposals, including Internet streaming of theatrical and television product and digital downloads. Bargaining resumes tomorrow at 10 a.m.”

If you've never been in a Hollywood development meeting, one of the most frustrating things for writers about such gatherings is often the lack of consensus amongst those giving the studio notes. With so many people involved - from the creative exec, to the director of development, to the VP to the Senior VP, to INSERT RANDOM PERSON HERE - each giving their opinion and input, they're rarely all on the same page.

But have the studios brought "development hell" to the current strike negotiations?

According to a showrunner who was briefed on the situation, there is real dissension in their ranks. Each of the corporations comprising the AMPTP has a labor lawyer in the room negotiating for them (not to be outdone, Time Warner has three!). Furthermore, some of the companies are willing to make a deal today and are getting more than a little pissed at those who are holding out.

col-lu-sion [kuh-loo-zhuhn]

secret agreement or cooperation between two or more parties for a fraudulent, illegal, or deceitful purpose

The New York Times reported that David Letterman is pursuing an interim agreement with the WGA that would allow his late-night talk show back on the air, even if the strike is still ongoing. As the Times article linked above states, "that could potentially put Mr. Letterman at an enormous advantage over most of his late-night colleagues."

Think you know how to get the AMPTP back to the negotiating table? Want to teach Nick Counter and the rest of the AMPTP how to make a fair deal and end the strike? Okay, here's your chance.

UnitedHollywood is challenging you to shoot a video showing us how you would get the AMPTP to make a fair deal. Videos can be up to four minutes long with one condition, you must use the phrase “fighting

This was submitted by WGA member Christopher Trumbo, member for 40 years, and son of WGA member Dalton Trumbo. His insights into the history of the guild are especially valuable now, as the strike continues and the AMPTP tries to divide us.

This is excerpted from the email that Warners strike captain Brian Hartt sent to other captains this week, with permission. Brian is an Emmy-nominated writer who coordinates all of the Warners picket teams, as well as being the showrunner on Mind of Mencia who helped get 4 West Coast and 2 East Coast shows on Comedy Central covered by the WGA contract . His tireless work and dedication are inspiring.

As I'm sure you all know, the AMPTP walked away from the table Friday.

You all should have, by now, gotten John Bowman's response to the "nice try" press release by the company's lap dog. Let me stress something that John mentioned - their press release came out minutes after they walked away.

This was sent today to WGA members from Presidents Verrone and Winship. Emphasis is mine -- because I think it's incredibly important. --LK

To Our Fellow Members,

As Negotiating Committee Chair John Bowman wrote you last night, we are continuing to negotiate the terms of a tentative agreement with the AMPTP. We anticipate that we will be able to present the terms of that agreement to you in

The strike is over. The WGA contract has been ratified. SAG and AFTRA are now center stage and there is still a lot of work to do before the town gets back to normal. At this moment it's useful to look back at our own history. There are lessons to be learned about how the process can move forward even against what seems like overwhelming odds.

There are many who labored behind the scenes to support the writers' strike. At United Hollywood we worked with people who put their energy on the line but wanted to stay off the media's radar. Not content to just talk a good game, these are members and supporters who knew that if they wanted to make a difference, they had to work at it.

One group in particular came of age during the early part of the strike: the writer-directors. Nicknamed the WD-40, forty writer-directors met to search for ways they could help facilitate the negotiation.

From the beginning of the strike, most journalists accepted the AMPTP's lead and described the DGA and WGA as antagonistic to one another. Nicholas Counter was frequently quoted in the trades as preferring the DGA as a negotiating partner. The writer-directors objected to that characterization and felt that the AMPTP was doing what it always did in positioning the Guilds against one another to diminish each union's power.

An analysis by United Hollywood's Jeffrey Berman. -JA.

Two significant developments happened near the end of last week: The AMPTP agreed to come back to the negotiating table, and dozens of actors received letters of suspension due to force majeure, including the casts of 30 Rock, The Office and Rules of Engagement.

These two events couldn’t be more contradictory.

Force majeure literally means "greater force." It’s a clause in a contract that covers natural disasters or other "Acts of God.” Force majeure excuses a party from liability if some unforeseen event prevents it from performing its obligations under the contract.

As Patric Verrone explained today, last Thursday, the AMPTP promised to offer up the second part of their "breakthrough" proposal. A week later, they still haven't added to the initial and unacceptable offer. The back channel conversations have only increased the widely-held impression that the AMPTP wants to prolong the strike. During the week, we've heard that two PR firms specializing in crisis-management have been hired by the studios at great expense, in an apparent effort to put an avuncular mask on the scowling face of the AMPTP negotiators.

Every indication from the AMPTP is that their negotiators are getting ready to storm out of the room, exiting with their usual hand-wringing lament that writers are an unreasonable bunch of emotional artists.

(Breaking news from the WGA - the AMPTP has agreed to come back to the table on November 26th. Now, let's hope they are prepared to make a fair deal. This is progress. Everyone wants to go back to work. Everyone wants fair compensation for their work.)

FOR IMMEDIATE RELEASE

November 16, 2007

Something's very different on the picket line.

Since Thanksgiving, the energy on the picket lines has fallen off. One picketer was even seen reading a book while he walked the picket line.

It seems like only yesterday that we were chanting to stop trucks from crossing the picket line or "2-4-6-8, Why won't they negotiate." The turnout and the energy paid off. The AMPTP rejoined us at the negotiating table and that was great.

But now....we wait....in a news blackout.

Getting the agreement to restart the negotiations felt climactic, because so much energy had to be expended to get the AMPTP to do the right thing, but "restarting" the talks didn't mean "concluding" them.