* An Email from AFTRA’s “Exhibit A” Chair Negotiator Matt Kimbrough “Master Of Lies.”

Apparently AFTRA’s Exhibit A Chair Negotiator has taken it upon himself to send out a series of emails detailing what he calls a series of SAG Lies. This particular one is identified as SAG Lie #3.

Like many of the emails that come from the AFTRA Lock steppers, it is a rather crude, simplistic revision of the actual events, sounding a lot like something a Third World nation would use to propagandize it’s people.

You know, making a defeat sound like a victory. Our brave forces took on superior forces, and did better than they have ever done before, better than expected…failing to mention, that in the process, their “brave” forces got their “brave” asses kicked.

Anyway, And now ladies and gentlemen, Matt Kimbrough, “The Master Of Lies,” in his third Adventure “SAG Lie #3.” In this episode, “The Master Of Lies” meets “The Defender Of Truth,” the SAG Watchdog, and in the process…well, you decide.

From: Kimbrough Matthew <pokeryoda@sbcglobal.net>
To: Kimbrough Matthew <pokeryoda@sbcglobal.net>
Sent: Tue, 10 Jun 2008 6:38 am

Subject: SAG Lie #3

"THE AMPTP IS DISTRACTED BY ITS AGREEMENT WITH AFTRA TO NEGOTIATE WITH US"

When he was first hired, one of Doug Allens's (sic) priorities was declared by him as a need to "fix the AFTRA situation". That was soon defined when, spending your dues money, SAG launched a year long AFTRA disparagement campaign that involved push-polling, publishing a lengthy anti-AFTRA article in its magazine, demands that AFTRA reduce its share of influence in joint negotiations to a 15% share of the vote, and vowing to never again let SAG card-holding AFTRA representatives ally themselves with non-Hollywood SAG leaders to thwart the will of the Hollywood leadership. Remember "bloc" voting? Remember "proportional" representation? Remember accusations of "undercutting"?

The reason for the anti-AFTRA article is because of AFTRA’s Anti-Actor Actions; including poaching of SAG’s contracts, forcing actors to work under inferior contracts with residual giveaways. AFTRA, with only a couple of primetime shows, has controlled these negotiations for the last decade, because of their defacto block voting, combined with their AFTRA Operative/SAG negotiators, out of New York and the branches. As to remembering Block Voting, one doesn’t have to go back far, it just happened, with AFTRA’s unanimous vote to accept the current AMPTP deal, along with its capitulations on clip consent, DVD, jurisdiction, product placement, Force Majeure, etc.. If this had have been a joint negotiation, it would now be a done deal, because of the aforementioned historical defacto block voting of the 13 AFTRA negotiators, combined with the 4 SAG USAN New York/Branch negotiators.

Since returning to the table two weeks ago, word is that the SAG negotiating committee in caucus spends far more time talking about AFTRA than about the issues embedded in theirs and management's respective proposals.

Hmmm…word is that this self-serving “leak” came from those AFTRA Operative/SAG negotiators out of New York and the Branches. You know the ones that boycotted their union’s solidarity rally; the ones that are always accusing others of leaking to the press.

Instead of using every day it has this month to aggressively and constructively negotiate for its members, the SAG committee spends days in internal meetings, planning the "Vote NO!" campaign, staging rallies, putting staff on the marching line AND SPENDING OUR DUES MONEY TRYING TO DEFEAT IT.

Preferable to AFTRA’s negotiating team actions; spending every day selling out actors

When the AFTRA Committee fought for its contract with the AMPTP it sacrificed every hour of every day it had talking directly to the people who had to agree to the deal, including spending the entire Memorial Day weekend and beyond, working late into the night, applying itself to the difficult task of pushing its issues to maximize the gains it could achieve. It reached out to working members outside of its leadership to testify in their own words to management on the importance of an actor's fundamental right of consent over clips.

It then, summarily, gave away those rights, (in regard to middle class actors) by allowing consent at the time of original employment, which will, in fact, amount to no consent at all, and most likely will lead to blacklisting for those actors who are “uncooperative.”

More than once, the task seemed insurmountable. The AFTRA Committee more than once was committed to walking away from the table if management refused to compromise, and yet the brave Committee members determined that the only way to fail was by trying to make a deal. In the end, a great deal was made. Better than recent years. Better than anyone expected.

Whoa! And, he ain’t just saying that, because he is one of those brave, Committee members, who in the end, made a great deal, better than recent years, better than anyone expected…but, then what could have their expectations have been when AFTRA Board member James Cromwell stated in his recent AFTRA campaign statement, “We have no clout at the bargaining table.” The AFTRA contract certainly live up to those expectations.

The Tentative Agreement in Exhibit A Prime Time Television programming contains raises that are larger than the last contract, increased payments in health and retirement, higher network residuals, higher pay for Major Role performers, more union jobs for background, benefit coverage for warm-up performers, codified safety rules for stunt coordinators, greater recognition for workers with disabilities, higher hazard pay and stricter terms for dancers, higher rates for singers, improved terms for series regulars on the CW and gives jurisdicition (sic) to union performers in New Media with terms that IMPROVES on the pattern achieved by the WGA and DGA by preserving performers rights of consent on the use of excerpts and imposing strict limitations of use provisions on such use as well as securing payments for any monetized (sic) exploitation that might occur whether for promotional or supplemental uses.

Stop it, Matt, you are killing us with specifics! Ah, by the way, Ye Ol' Master, ah, are you sure about payments for promotional use of clips?

All of this was achieved with no rollbacks and no limitations on a performer's fundamental rights of publicity and rights to negotiate at the time of employment.

No Rollbacks? This contract is nothing but rollbacks. SAG’s Primetime TV/theatrical contract along with the, until now, mirrored Exhibit A contract, has always stipulated that consent can not be given at the time of original employment…of course, AFTRA’s response would be that’s for traditional media, not new media, by that logic nothing in new media is a rollback, whether it be allowing signatories to produce both union and non union projects, or receiving no residuals for new media projects. But, hey, you performers still got the fundamental right of publicity and the right to negotiate at the time of employment…ah, except on those clips you consent to…ah, you only get twenty five bucks for those…ah, and except for the realy long ones you get a whopping $75 bucks.

That is why I urge you to VOTE YES ON THE AFTRA CONTRACT.

AFTRA will be reaching out to the community all month, holding informational meetings, house parties and sending out detailed literature where you can have all your questions answered. Don't let politics keep you from working for more pay at a time of genuine economic uncertainty.

Economic uncertainty, certainly for actors, under this contract. Will anyone make a living when they get paid $23 bucks for that first year ad supported streaming of reruns of network shows? Without no increase in DVD’s. Or with an increase in minimums that will only amount to about five gallons of gas for that show you do. Look, our employers are making billions, gloating over profits in the press, to their stockholders and amongst themselves. The only time they cry poverty is during negotiations. But, one thing about AFTRA, they will keep you working, even if it is for minimum wage.

The WGA strike is now credited with having launched a recession in California. There is no reason for another work stoppage to keep you from working. Demand that SAG get off the politics and do the hard work of negotiating. As a vested SAG member I urge them to make the good deal that they can achieve.

You’ll notice where this lad is coming from. Any responsibility for a work stoppage, lies with SAG, none with the AMPTP. Nick has got to like this, lad. I would respond that there "is" a reason for a work stoppage, as there have always been in our unions history…like the work stoppage to get residuals, pension and health…there are always reasons for work stoppages when employers try to take away actors rights, and rollback their means to make a decent living, and obtain their fair share of the profits generated by their talent and labor.

Thanks for your time.

Matt Kimbrough
Chair, AFTRA Prime Time Negotiating Committee

You can bet that if our predecessors shared Mr. Kimbrough’s compliant predilections toward out employers, neither he, nor the rest of us, would have either pension and health, or residuals, but, but we would have the right, saved for us by Matt and his fellow Brave negotiators, the fundamental rights of publicity!

To learn the truth about what is really at stake here, attend tonight’s Town Hall information meeting.