* Unite For Strength explains their position on the new TV/Theatrical contract. And the latest on the new Scott Wilson Rally. *up

We'll have a look at that misinformed, mischaracterization missive from the UFS leadership on the AMPTP, but first this message from Scott Wilson and his SAG Stalwarts about their next big rally.

As you probably already know, last weekend’s National Board meeting brought good news about our contracts: less than three months after installing new negotiators, we have successfully negotiated and approved tentative agreements in SAG’s two biggest contracts. Ratifying these contracts will get SAG members back to work with more jobs, increased pay, and better benefits, now and in the future.

Hmmm…you see the plan here, folks, is to lump these agreements together as if they are both equally acceptable…the TV/Theatrical is not. Also, their “Back to Work,” mantra plays on members fears, indicating that we have been on a de facto strike. We haven’t. And there is nothing in this contract, to substantiate that by agreeing to it our employers will increase production and actors will “return to work.” Agreeing to this contract will only get us “back to work,” with an ever decreasing chance for the rank and file actor to make a living.

In this case, the half a dozen “go-along-to-get-along” UFS Hollywood board members have once again sided with their equally compliant New York and Branches USAN board members. “Sign both these and lets don’t make waves and maybe employers will allow us to do more work. So what if there are no residuals.”

At a time of global financial crisis, while other unions are taking significant cuts in wages and benefits, SAG has secured solid gains in virtually all areas. Full contract descriptions will soon be coming to you for approval, but in the meantime here are some of the highlights:

Once again my favorite movie line comes to mind. In the movie "Rooster Cogburn" John Wayne tries to convince the bad guys to give up by extolling the virtues on the new State Penn, “They'll teach you to read and write. 'Course the rest ain't so good.”

Commercials Contract: Negotiated jointly with AFTRA and approved unanimously by the SAG and AFTRA National Boards, this contract includes improvements such as:

Although, I think actors are going to realize that they can’t make a living if all they book are commercials made for the Internet with a max of around two grand a year for unlimited plays, both sides seem to agree that they can live with the commercial agreement.

Across-the-board raises totaling 5.5% over the life of the contract, with a similar increase in the Radio Contract;
• The first-ever payment structure in commercials for the Internet and other new media platforms;
• A substantial increase in the pension and health insurance contribution rates;
• A mandate for a 2-year pilot study to test a new proposed model of compensation to performers.
• An increase in background numbers from 40 to 45, as well as mileage reimbursement;
• Retroactivity of raises back to April 1, 2009.

First, the “reading and writing” aspects of the proposed TV/Theatrical contract.

While the road to the TV/Theatrical Contract, which expired 10 months ago, was far more difficult, the tentative agreement we’ve reached includes improvements in virtually every area, including:

The road would have been manueverable if our UFS friends would not have put up roadblocks along the way by parroting producer propaganda while openly siding with New York and the branches that SAG’s demands were not only “unreasonable” but “unattainable.”

An increase in the pension and health insurance contribution rates, bringing them up to the highest level in the industry;

Relief for the middle-class actor in the form of an additional bump for TV guest star work, increases in money breaks for more overtime and other pay, and a substantial raise in the ceiling for network primetime residuals;

Establishment of SAG jurisdiction in New Media, and residuals for film and TV product used on the Internet, with terms to be fully renegotiated in 2 years;

This would fall into the “rest ain’t so good” catagory. Let’s see, for the first time in SAG’s history, violating its core principle, UFS urges you to vote yes on a contract that will allow signatories to produce most of its work on the Internet NON-UNION. Hell of a way of establishing SAG jurisdiction in new media. As for the product moved over to the Internet. Fox boss Peter Chernin has publicly stated that those “moveovers” will replace network reruns; In place of the new proposed rate of $786 bucks for that network rerun, actors will instead get around 45 bucks for a years worth of unlimited plays on the Internet. Of course, if they only play it in those free 17/24 day windlows you won’t get a penny in reruns. “Ah, the rest ain’t so good!” As for the terms fully renegotiated in 2 years. You know, like the video/DVD deal negotiated over a quarter of a century ago. It was "renegotiable" in a couple of years, and we are still stuck with the formula that takes eighty percent off the top before we participate in the profits. Face it, the entire contract is "renegotiable" in two years, and if you think they are going give back any gains on formulas that benefit them, I got some front row seats for the rest of the Piston playoffs I can let you have real cheap.

Unprecedented transparency, by requiring that the studios disclose exactly what income they derive from New Media, to inform our next negotiation;

Now that’s funny! We already have similar clauses in our agreements with the AMPTP ("Tri Guild Audits.") and would anyone care to name the last time they revealed anything about their income to SAG? In 2004, under penalty of perjury, in her deposition in the Wilson/Bower Pisano suit, SAG’s Associate Director of Residuals, Joe Sisson made the following statement that is very revealing as to how forthcoming studios are in regards to honoring their contractual obligations to SAG and other guilds when it comes to revealing their “income.”

“…that is an audit of Universal Pictures for the period January 1, 1995 through December 30, 2001.That audit is being conducted by Nigro, Karlin & Segal. Although documents pertaining to home video, including revenue sharing agreements, have been requested by the auditors, Universal has not yet provided those documents to the auditors. There have, therefore, been no reports from the auditors on these transactions.

Higher wages and more work for background performers, through increased numbers and a new Las Vegas Zone;

Establishment of residuals for television stunt coordinators, and important wage improvements for dancers and others.

Nice to see stunt coordinators get a piece of the residual pie. But the fact is this is no concession on the producers part, in that it doesn’t come out of their pies, but rather SAG members pie. How we split it up is no skin off their noses.

Of special interest to TV series regulars, SAG has also tentatively agreed to a settlement of the force majeure claims the Guild filed during the WGA strike. That settlement will go into effect if the TV/Theatrical contract is ratified, providing 1/3 of the base claim amount for most or all of the claims – up to 21.6 million dollars in total payments to the cast members of affected shows, the largest such force majeure payments ever made.

Only this group of “go-along-to-get-along” USF members could praise taking a third of what producers where contractually obliged to pay these SAG members under the 2005 Basic agreement. They ballyhoo that these members will get up to $21.6 million dollars while SAG’s info showed that they were due between $40 million up to $400 million dollars. Yep another victory for the hardnosed USAN/UFS Task Farce negotiators…oops wait, ah, they didn’t exactly negotiate, staff excluded them from negotiating the final offer, but they did show them were to signoff on the “deal.”

As you may know, the studios wanted to remove all force majeure protections going forward, but SAG’s negotiators rejected this. A compromise was reached by modifying the existing contract language to clarify how and when force majeure protections will apply to TV series regulars, while the language regarding other television and feature film performers remains unchanged.

One thing about this group they don’t bother members with pesky details. Basically, what happens here is that the series regular is pretty much left to navigate on his own under this new deal, while under the old deal force majeure was mandated by the guild rather than left to the actor when he signs on as a series regular. (I’m researching this now, and will try and get a complete comparison between the current force majeure and that proposed by the AMPTP…I can tell you from what I know so far…”The rest ain’t so good!”

The National Board strongly rejected the AMPTP’s demand that this contract expire in 2012, which would have put SAG badly out of synch with other industry unions and weakened our bargaining power. That resolve, coupled with the determined efforts of Interim NED David White and Chief Negotiator John McGuire, led to a contract that expires on June 30, 2011 – critically preserving our ability to renegotiate the contract in two years jointly with AFTRA, and alongside the WGA and DGA.

Huh? White didn’t “critically preserve” anything. In the previous contract offer that both USAN and UFS board members rejected” “if SAG and AFTRA ratify a new contract by June 30, 2011, then the 2009 contract would end then and the new one would begin.” And in regards to The “in sync” with other unions propaganda, as being "effective," claim, it does not stand up to the facts. After all the WGA was “in sync” with the DGA when in the middle of their strike, the DGA stepped in and signed a deal that undermined their strike and forced them to sign a “deal.” Then that “deal” was used as a template by the AMPTP as a mantra to leverage SAG, with the compliance of the “go-along-to get-along” AFTRA leadership, into signing their employer friendly deal.

For the last year and a half since the WGA strike, SAG members have endured unpredictable work patterns and have had significantly less work as our own contract negotiations have languished. This has seriously impacted the ability of most actors to make a living, support their families, and qualify for crucial health and pension benefits. As so many of you have expressed to us, it is time to move forward.

Earth to UFS, you don’t move forward, by moving back to the days of producers doing non-union productions, and paying no residuals.

Ratifying these contracts will get SAG members back to work, with more money in our pockets. Both contracts establish important protections in New Media and provide valuable tools to continue addressing that vital area as it grows. By bringing this long and hard-fought negotiation to a conclusion, we’ll put ourselves and the Screen Actors Guild on a course toward a better, stronger future.

Right, a better stronger future with product integration, residual rollbacks, clip use as a condition of employment, no payment on the internet to senior actors for the use of their pre 71’ feature work and pre 74’ TV work, no increase in DVD, reduced half-payment for new media consumer pay platforms ( Electronic Sell Through which should be paid at the Pay TV rate. (Devices that RECEIVE product) and all this while our signatories are allowed to make NON-UNION product.

Residuals for exhibition of TV and Theatrical motion pictures on consumer pay platforms (Electronic Sell Through) at a greater percentage than those paid for DVD distribution. Unite for Strength

Your input is always welcome. Please contact us with any questions you may have. In addition to the materials you will be receiving from SAG, please watch for upcoming notices of updates to the Unite for Strength website, including comprehensive contract information and discussion.

The only input going on here, is that which members will be receiving from the AMPTP if they “okay” this contract…and, uh, it won’t be comfortable.