Though both sides publicly express hope that a new commercials contract for actors can be hammered out, contingency plans were being readied for implementation at press time in the event that the Screen Actors Guild (SAG) and the American Federation of Television and Radio Artists (AFTRA) decide to strike. The current spot contract runs through March 31, meaning that an impasse in talks could result in a labor walkout in early April. Historically, however, it’s been common for negotiations to continue beyond the contract expiration date. A prevalent school of thought is that it’s unlikely that the unions would leave the negotiating table and call for a strike any time before the third week of April.
Clearly, there were more questions than answers as SHOOT filed this story earlier this week; the fervent industry wish being that significant progress will have been made to avert a strike. As previously reported, there seems to be considerable distance between the two sides as the Joint Policy Committee (JPC) of the American Association of Advertising Agencies (4A’s) and the Association of National Advertisers (ANA) has, as heard through the grapevine, balked at several SAG/AFTRA proposals, including one calling for a significant increase in residuals for broadcast spots shown on cable TV. And the unions have expressed objections to the JPC’s suggested revisions in policy regarding overtime and double-time pay for weekend work, as well as a proposed cap (tied to no more than the first $500,000 earned by a performer annually) on employer contributions to health plans. Informed sources have noted that the two sides have such dramatically conflicting proposals that it becomes a difficult proposition to find a compromise.
As previously reported (SHOOT, 3/24, p. 1), the JPC has said that agencies and advertisers plan to continue to produce commercials in the event of a strike. Attorney John McGuinn, the JPC’s chief negotiator, stated that the industry will make spots "with whomever is willing to work—nonunion or union, in the U.S. or outside the U.S." He noted that there is an extensive pool of nonunion talent; a resource that’s developed significantly since ’88, when the actors’ unions struck against the ad business for a three-week stretch. McGuinn added that he has met with the Association of Independent Commercial Producers (AICP), which concurs that the industry can continue to produce commercials efficiently if there’s a strike. (The AICP is not party to the contract negotiations.)
On March 9, AICP president Matt Miller sent a letter to commercial casting and talent agents as well as casting directors nationwide, asking them to help facilitate production by providing nonunion and other alternatives if a strike materializes (SHOOT, 3/17, p. 1). Miller told SHOOT at press time that he received assorted e-mail responses from the casting community in unanimous support of helping production houses to continue to produce spots at a high quality level.
The AICP has held meetings with its members—the latest being last week in New York—to update them on the status of talks and contingency plans. During that session, the AICP circulated an informational piece addressing such areas as terms and conditions that should be met in the hiring of nonunion talent, the prospect of SAG/ AFTRA picket lines being formed at certain production sites, and whether other unions will allow their members to work if there is an actors’ strike. The AICP noted on the latter front that in the past, "there have been no ‘sympathy’ strikes by other unions in this industry, and we have no reason to believe that there will be any official ‘sympathy’ strikes in this go-around." However, the AICP added that some individuals may make a personal decision not to cross a picket line. The AICP advised production houses that "for your own benefit, assurance that they will work should be received at the time you are booking any crew members."
Other possible production house questions addressed by the AICP included: "If SAG talent is booked prior to a strike and a strike is called, will that talent be able to work?" The AICP informational sheet read that "normally and according to past strikes, SAG has allowed its membership to carry out their obligations for bookings as long as they are ‘normal’ bookings and in a reasonable time frame."
Several houses have noted an increase in agency requests to film outside the U.S. and to employ actors in foreign markets—some of which has been spawned by the possibility of an actors’ strike stateside. For these jobs, the AICP pointed out that "past practice has shown us that the actors’ unions in Canada, the U.K. and Australia have honored SAG’s request to advise members not to work for signatories of the SAG contract. In these countries, you will be in the position of having to hire talent (union member or not) nonunion."
Meanwhile, individual production houses have been preparing in case a strike comes to pass. Several production company executives said that they’ve made arrangements to gain access to nonunion acting talent banks. For example, a West Coast spot production house executive is partnered in a talent management firm, which has an extensive file of aspiring nonunion actors who have dropped by their resumes and photos over the years. The head of that unnamed production house told SHOOT that he has a leg up in terms of being able to tap into that resource, if necessary.
