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.

(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.

(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.

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.

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.

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

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

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

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.

(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 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.

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.

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...

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:

Today, Tuesday, 11/20/07, Los Angeles will experience a labor rally in support of the WGA strike. Marching west on Hollywood Boulevard from Ivar and gathering in front of Grauman's Chinese Theater, thousands upon thousands will join together to celebrate the importance of labor unions in American life.

And how will you know about this momentous occasion? You'll have to be there.

At the last rally in front of Fox Studios, 4,000 writers and their supporters marched and rallied, but when you watched the evening news, you'd never know it . There was plenty of time that night to talk about lost kittens but nothing about the peaceful march that closed down Pico Boulevard and Avenue of the Stars.

Today's rally marks a crucial juncture: a mass demonstration of our strength before the negotiations restart.

(We want to welcome SAG Member Justine Bateman as a regular contributor to United Hollywood. We hope to continue opening the site up to more voices from SAG and other unions. Justine reminds us that this fight belongs to all of us. We're all on the same page.)

Attention all SAG Actors:

I believe it's appropriate at this time to call all actors into action in support of the Writer's Guild on strike.
I know many of us have been walking the picket lines and attending the rallies, but I want to challenge ALL SAG members to see if they can commit an HOUR-A-DAY to walking the picket lines.
The AMPTP has been jerking the Writer's Guild around.
1. They offered nothing but insulting Roll-Backs to the WGA in the negotiations that caused the strike.

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?

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.

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.

To My Fellow Members,

This afternoon, the Directors Guild announced that it would commence formal negotiations with the AMPTP tomorrow. In a joint press release with the Screen Actors Guild, the Writers Guilds, West and East, wished the DGA well and offered our hope that they achieve a fair deal that incorporates principles that will benefits all creative artists. We further stated that, while

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.

Tim Lea wrote an email which Mike Royce and Steve Skrovan made us aware of. We’ve excerpted his analysis of the strike to highlight his truly inspired perceptions.

Hey all --

So the AMPTP has responded. Four days of 'meetings', and the resulting offer is a strange hybrid of calculated low-balling, contempt and picaresque fantasy that would better become a Voltaire novel than an early 21st-century labor negotiation.

Oscar-winning cinematographer Haskell Wexler released this statement in the wake of IATSE president Tom Short's letter to Patric Verrone, president of the WGA. Wexler is a legend, and when he evaluates the state of our unions, he does so with authority. Without minimizing the difficult decisions that everyone faces in a strike, we found this note stirring and wanted to share it. -JA I walked the WGA picket line along with 6000 film workers demonstrating in front of Fox Studios.

The spirit I saw in that demonstration is exciting to me, it gives me hope. These strikers are resisting further concessions, concessions which compromise all our futures.

I caught the eye of a couple of grips and electricians driving through the line. Although I understand why our guys go through the line, it saddens me.

Interesting things, facts. They are simply what they are. And yet sometimes you can read a lot into them.

Here's a fact:
On December 18, the Writer's Guild testified before the Los Angeles City Council about the economic impact of the strike.

Here's another fact:
The AMPTP didn't show up. [Gosh, just like at the negotiating table.]

Instead, they asked the MPAA to take care of it. The MPAA represents the AMPTP before all levels of government throughout the world. The MPAA also provides economic data and information on the motion picture and television business to the public.

And one more fact:

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.

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.

RUMOR: WGA members are starting to hire "freelance picketers" to do their strike duty.
STATUS: Unconfirmed

Universal strike captain Jan Kimbrough noticed this Craig's List posting on Day Four:Reply to: gigs-473080663@craigslist.org
Date: 2007-11-08, 3:15PM PST

I can't make it to my picket tomorrow and I need somebody to take my place. I want to go see friends in San Diego while I have time off work, and I'll pay somebody $40 to cover my four-hour shift. My strike "captain" doesn't care as long as there are people out there. I'll give you my shirt and signs and all that crap.

If this works out on Friday then let's do it next week too. I'd really rather not have to deal with it.