*alert * SAG National Board meeting scheduled for Sunday February 8th 2009 !! * AMPTP Negotiations called off tomorrow and big rally at SAG !! * Suit filed to reinstate NED Doug Allen !!Why, the SAG Watchdog says the “Taskforce” negotiating team is unconstitutional!

SAG Interim NED David White (For Now) has scheduled a national board meeting for this Sunday. The scuttlebutt is that the meeting is to get the board to redo in a board meeting what they did in written assent. If true it is a tacit admission that, the written assent action firing of NED Doug Allen and terminating the duly formed negotiating team, and replacing it with a proportionally skewered Taskforce, may be on shaky ground. Shaky ground because it violated California Corporation code which stipulates that written assent by the board must be unanimous.

More on this later but, but right now the Ol’ dog is on his way to a voiceover audition. What was that? Right, break a larynx,Dog.

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It is being reported by Dateline Hollywood that negotiations scheduled tomorrow between the Bogus NY/branches Taskforce have been called off by SAG/AMPTP because of an injunction threat. For a pretty good report click this link for Nikki Finke.

Also, between a hundred and fifty to two hundred SAG members showed up to protest the coup of SAG Hollywood by NY and the branches and their co-conspirators the Hollywood Six; five UFS turncoats and Morgan Fairchild.

We have yet to hear what happened at the Hollywood board meeting but it was reported that Mike Farrell was standing in line and saving a place for James Cromwell…hey, Jamie, Director Guild rules apply…no saving places, go to the end of the line, buddy!

The Wrap
By Sharon Waxman
2/2/09

Screen Actors Guild President Alan Rosenberg and his vice president Anne-Marie Johnson have submitted a legal document to the guild in advance of their intention to file a lawsuit demanding the reinstatement of Doug Allen.

"Screen Actors Guild today received a document that our legal team is reviewing. We have no further comment," Pamela Greenwalt, a spokewsoman for the guild, told TheWrap.

An official close to the lawsuit said that it would probably be filed tomorrow.

Last week, Doug Allen, the former national executive director of SAG, was ousted from his position in a coup by disgruntled board members, angry at his strategy of pursuing a strike authorization vote

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Before we get into the prime reason why the newly formed Taskforce Negotiating team is unconstitutional, first a little background.

The SAG Board Majority made up of 41 SAG board members; 35 from New York and the branches, and only six Hollywood board members, over the objection of 27 Membership First Board members, fired NED Doug Allen and eliminated the proportionally formulated SAG negotiating team, using an obscure part of the SAG constitution, written assent, Article V, Section 1., (j.) 4., and replaced the formed negotiating team with a so-called Taskforce. (Notice the caveats)

A quick check of the SAG constitution confirms that the SAG NED can be fired by written assent of a majority of the board members.

But replacing the SAG negotiating team with a Task Force by a simple majority vote of the National Board is quite another matter. Article XVI states that rules and regulations have the full weight of by-laws. And Article XVIII makes it abundantly clear that by-laws cannot be amended by written assent. And that if the board amends them it must be in a board meeting—and can only be done by a two-thirds vote provided there is a least 30 days notice.

But according to a SAG staffer the suspended Committee “guidelines” governing proportionality and use of a Taskforce were only that just “guidelines,” and not rules and regulations which would have required a two-thirds vote by the SAG board to amend.

Thus, in the Ol’ Dogs opinion, they are using semantics to circumvent the SAG constitution; a quick check of various on-line dictionaries confirms that words like guidelines, rules and regulations are interchangeable.

Well, perhaps they might get away with bypassing the guidelines, put in place to supplement the SAG constitution, but they definitely can’t do that when it comes to Articles that are clearly and undeniably in the constitution.

When AFTRA walked out on joint negotiations at the last minute, the leaders of SAG had a problem. What to do about Phase One which mandated how the TV/Theatrical contracts were to be jointly negotiated. It was a problem that could have easily been avoided, at the time, by following the constitution and amending the Phase I agreement---but that didn't happen.

And by preceding with negotiations alone and ignoring the Phase One agreement, the SAG board has been in violation of the SAG constitution. It has been said that because the constitution is an appendix to the constitution, rather than an actual part it, the board can suspend it. This is untrue and can be verified by Article XI, Section 3, A&B of SAG’s Constitution.

No matter what you may hear, it is irrefutable that Phase One is part of the constitution and cannot be tossed aside or suspended. The National board can only amend it according to Article XVIII in the following manner which does not include written assent.

Yes, they’re other methods to amend the constitution but none of them include written assent of the board. And if you doubt the pecking order of SAG’s Phase One agreement look at Article XI, Section (3) B.

Clearly, the TV/Theatrical contract can only be done under the mandate of Phase One which not only does not include a Taskforce, but also does not permit any negotiating by SAG alone on the TV/Theatrical contract.

So, where does that leave us. Well, for starters, it leaves us with an unconstitutional meeting Tuesday between the AMPTP and an constitutionally violating group of SAG members (Taskforce) with no standing, who are not only violating SAG’s constitution, but also opening themselves up to ‘charges unbecoming’ among others.

So, what can be done. Well, the first thing is to precede following the dictates of the constitution which are spelled out in Article XVIII. If the constitution is to be amended by the board then there has to be (30) day’s notice and the amendment has to be approved by two-thirds vote by the National Board.

Here is were a problem may come in for New York and the Branches along with their six Hollywood cohorts. They don’t have the two-thirds vote necessary to amend the constitution.

Well, they have showed they can play hardball to the point of suspending constitutional guidelines allowing them to get a proportionally unfair edge, and thus control of these negotiations even though they only work twenty-five percent of the contract.

I would suggest that the 27 Hollywood board majority play hardball right back at those who have taken their recent actions in a coup of SAG, and inform them of the following. If they want to get the necessary two-thirds vote to amend the constitution and allow negotiations to precede, then they need to agree to, not only, return to the constitutional guidelines regarding committees, but to give them constitutional protection so that they can not be screwed over by one side with a narrow margin, but can only be amended by a two thirds vote of the national board.

Some may say that SAG had no choice under the circumstances but to continue into negotiations alone. No argument there. But they needed to follow the dictates provided by constitution in doing so.

The SAG constitution does not have a light switch allowing board members, for convenience sake, to switch it on to shed light on one part of it, while at the sametime switching it off on another part to keep it in darkness. It is a series of rules, regulations, guidelines, if you will, to help us not only govern but protect our great guild and its membership. When and if we forget that we are done.

Although, SAG Chief Counsel stated that, indeed, a majority of SAG’s board had the authority to fire NED Doug Allen, he has yet to put into writing an explanation on the constitutionality of replacing SAG’s negotiation committee, or for that matter address the constitutionality of ignoring Phase I. And if he and Interim NED White fail to do so, or allow the questionable Taskforce to speak for SAG in negotiations with the AMPTP, then a injunction restraining order needs to be implemented until this whole matter can be vetted.
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Dear SAG Member:

On Monday, February 2nd, 2009, we are asking for your help, participation and strong voices.

As you may have already heard, the so-called "moderates" Unite For Strength; New York, and Regional Branch SAG board members have torpedoed the hard work of SAG's TV/Theatrical Negotiating Committee, fired NED/Chief Negotiator Doug Allen, created a non-proportional "Task Force", and muzzled President Alan Rosenberg. They may also try to deny you, the SAG member, the right to vote on a Strike Authorization.

This group is labeled in the press as the SAG National Board Majority, but what is never mentioned, is that 85% of them are from NY and the branches, while only 15% are Hollywood board members. Also, what is never mentioned in the pro producer media is that only 15% of the Hollywood board supported this takeover; The Hollywood National Board is made up of 33 board members; 27 Membership First Board Members opposed this coup by New York and branches, only 6 backed it. (5 UFS board members and one so-called independent.)

Help Keep Control of the great Screen Actors Guild in Hollywood, the place where it was created and incorporated--and where most of the TV/Theatrical work (75%) is done Hollywood SAG members.

The Hollywood Division Board will be in session that evening. (Monday, Feb. 2nd, 2009) We need to remind those who conceded control of SAG to New York and the branches , especially the UFS board members, that WE ARE THE UNION.

Come and peacefully show your support for the Hollywood Board members who are still fighting the good fight. Still trying to keep this union strong. Still fighting to protect our RIGHT TO VOTE, OUR UNION, FROM BECOMING NON-UNION, and RESIDUALS FROM BECOMING ONLY A MEMORY!!!!!

Date: February 2nd, 2009

Time: 4:30p.m. to 6:30p.m.

Place: SAG Headquarters 5757 Wilshire Blvd. Street parking and lot parking.

Our goal is to educate, not intimidate. Let's be respectful but determined.

Hope to see you there, and please invite your friends.

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(A} The terms of that certain Phase I Agreement (the "Phase I Agreement") between the Guild and the American Federation of Television and Radio Artists, reproduced as Appendix I hereto, are incorporated herein.

The provisions of the Phase I Agreement shall govern in the event of any conflict between any provisions of the Phase I Agreement and this Constitution and By-Laws, relating to matters covered by the Phase I Agreement.