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The Shape of Things to Come: WGA, AMPTP, and the DGA

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

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  • 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.

  • 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

  • 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 was just sent to the membership from WGAw president, Patric Verrone and WGAe president, Michael Winship.)

    To Our Fellow Members,

    We have responded favorably to the invitation from the AMPTP to enter into informal talks that will help establish a reasonable basis for returning to negotiations. During this period, we have agreed to a complete news blackout. We are grateful for this

  • 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.

  • For those of you who missed this news, here is the announcement from Friday about bargaining with individual companies. Since the AMPTP has so many competing agendas and can't reach consensus, perhaps its individual members will consider their own self-interest and negotiate their own deals.

    A Message to the WGA Membership from its Negotiating Committee

  • As this is written, the WGA and AMPTP are still under a news blackout regarding the ongoing informal negotiations.

    However, the NY Times just reported that "major roadblocks" have been gotten past in the negotiations, and progress will be swifter in the negotiations going forward -- with an eye toward an agreement in principle coming out of negotiations fairly soon.

    UH has confirmed from

  • As the strike continues and things heat up around the DGA negotiations, apparently the multi-national media mega-corps and their $100K a month crisis management flaks are ramping up their online psy-ops and misinformation campaigns.

    Deadline Hollywood Daily, in a post detailing a range of less than savory actions taken by AMPTP members against WGA supporters, reported that "AMPTP staffers,

  • 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?

  • 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...

  • (WGAw President Patric M. Verrone released the following statement a short time ago)

    December 13, 2007

    To My Fellow Members:

    The AMPTP and each of its member companies have a legal obligation to bargain in good faith with the WGA. Their unilateral walkout from negotiations last Friday and their on-going refusal to bargain is illegal under the National Labor Relations Act. Therefore the WGA today filed Unfair Labor Practice charges against the AMPTP with the National Labor Relations Board.

    The DGA’s announcement today that it may begin negotiations with the AMPTP in January in no way relieves the AMPTP of their legal obligation to negotiate with us. The only legal way for the AMPTP to remedy the Unfair Labor Practice charge we have filed is to return to the bargaining table.

  • 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.”

  • 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.

  • As Deadline Hollywood reports, the DGA announced today that formal negotiations are commencing with the AMPTP beginning tomorrow (yes, that's Saturday.)

    You can see Patric Verrone's comments below; as he states and as he's said many times before, we all hope the DGA makes a deal that will get the town back to work. However, if the deal they make doesn't address the needs of writers, the WGA is

  • 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.

  • (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.

  • 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.

  • Uh oh. Never trust the smile of a crocodile?

    Alex Ben Block of Hollywood Today reports that the AMPTP's public gestures of reconciliation may mask a plan to derail negotiations and cancel Christmas.There are signs the writers unity is working – reports of dissention among the ranks of the AMPTP’s key members; a softer stance by management in PR and negotiations in the past few days; and comments suggesting that management proposals are flexible.

    However, what I am hearing is that this could be another sucker punch for the writers, who think they have finally broken though into a new level of negotiations where the two sides talk things over instead of talking at each other.
    ...
    In its public utterances, the AMPTP continues to use its indoor voice, no doubt fine tuned by a new PR team.
    ...

  • 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.

  • (The following is an excerpt from Michael Russnow's Huffington Post piece. For the full article click here.)

    I like George Clooney and I like Tom Hanks. Who doesn't? From their screen personas to their amiable chats with David Letterman. They seem like nice guys and appear committed to good works and deeds, from Clooney's work on behalf of Sudanese refugees to Hanks' paying homage to our military veterans.

    However, I'm concerned about their outspoken efforts to head off a SAG strike. Not because it would obviously be preferable to avoid a work stoppage so soon after the three and a half-month WGA industrial action, but because what they appear to be doing works against the very potential for which the Screen Actors Guild was originally created.

    It's all well and good to make statements of a general kind regarding the need for the conflicting parties (the AMPTP and SAG) to be bargaining at the negotiating table, but the methods these well-intentioned actors have employed seem to be of a hurrying design that, by their very nature, take the air out of the balloon of solidarity and play right into the hands of the AMPTP.

  • The reactions to the DGA deal and the resumption of the WGA-AMPTP negotiations have been coming fast and furiously. For a survey of the wide range of opinions, we've posted links at the end of this entry.

    Personally, I've written about the need for WGA members to remain strategic in their thinking. Now I'm struck by another realization. When the strike is over, all of us in the industry will,

  • In nominating the WGA for "worst supporting union," the AMPTP's PR machine revealed its newest tactic: snarky bitchery! A reader replied in kind and sent us this:

  • (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 was sent to membership Friday night, asking for patience as the WGA assesses the deal and moves foward with the AMPTP:

    To Our Fellow Members,

    As you know, the Directors Guild announced yesterday that it has reached a tentative agreement with the AMPTP. We are waiting for the full terms of the deal to be made available so that we can carefully analyze and evaluate the language and numbers.

  • (From WGA Member Ed Decter.)

    I was walking the picket line with a young television writer who worked on THE UNIT. He was explaining to me that David Mamet always asks three things about a scene:

    1. What does each character want?
    2. Why now?
    3. What happens if they don't get it?

    Since I don't have an MBA, CPA, JD or any other degree my father wanted me to get, the only way I can look at our current labor situation is through the eyes of a screenwriter. If I was writing a screenplay, let's call it "The Big Strike of 2007," and the two main characters were the WGA and the AMPTP, before I would start writing I might ask myself the three Mamet questions. When thinking about the WGA "character" things seem very clear:

    What does the WGA want?

  • The WGAW responded to the AMPTP today with the following statement:

    Mr. Counter's charge is as offensive as it is untrue. To accuse the Writers Guild of America of blacklisting, when it was we who suffered the most from it in the past, is simply Mr. Counter's desperate attempt to divert attention from the fact that it was he who walked out of the negotiations, and it is he who refuses every day to return to the table. The WGA has an offer on the table and is ready and willing to meet with the AMPTP any day, anywhere.

  • 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.

  • 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.

  • We're told that the long strike of 1988 had two far-reaching consequences: the audience discovered cable and reality shows grew in popularity.

    What will be the legacy of the 2007 strike?

    Hard to say. The negotiations are still ongoing. But one fact is abundantly clear even at this point.

    Writers love the internet.

    Given that the AMPTP was trying to control the internet, there is something ironic about the way writers have taken to the web as the place to try out ideas or vent or be funny about issues that can seem simultaneously enraging and arcane, like the DVD formula with its string of percentages: 1.5% (or 1.8%) of 20% of the studio’s gross on DVD sales.

    By various accounts, after only a few weeks, striking writers and their supporters have put between 750 and 1,000 videos on YouTube.