The Joint Policy Committee (JPC) of the American Association of Advertising Agencies (4As) and the Association of National Advertisers (ANA) has issued a memo advising its members on how to continue with commercial production in the event that talks for a new spot contract with the Screen Actors Guild (SAG) and the American Federation of Television & Radio Artists (AFTRA) reach an impasse. The current contract runs through March 31.
The memo’s introduction noted that the JPC still remains "hopeful that we can resolve the current negotiations without a strike [by actors.] However, in that SAG and AFTRA have asked their membership for a strike authorization if, in the unions’ words, "it becomes absolutely necessary in order to achieve a fair contract," the JPC decided to circulate a memo last week outlining strike contingency plans.
Strike authorization ballots were sent out by SAG and AFTRA on March 7. It’s generally regarded as a fait accompli that actors will vote in favor of providing union leadership with strike authorization leverage. The official ballot result isn’t expected to be made public until March 28 at the earliest.
The JPC memo is in line with the group’s stance previously reported in SHOOT (3/17, p. 1). The memo read that "franchised talent agents and independent casting directors have been willing in the past to provide nonunion talent during a strike. You are free to call them for this purpose. You are also free to hire any SAG/AFTRA members willing to work.
"There are large numbers of capable, nonunion actors and actresses available in both large production centers and the smaller production centers that have developed in many states (i.e. Florida, North Carolina, Texas, Arizona, Georgia)," continued the memo. "There are also large numbers of professional performers who are not SAG or AFTRA members who work in the theater, in nightclubs and in showcases. These performers are not usually involved in commercial production, but would likely be willing to accept such work at this time."
The memo went on to note that "real people" commercials, featuring actual consumers and/or members of the general public as well as employees of the advertiser, "represent an obvious alternative." The JPC also suggested local community theater groups, drama students, and members of drama/theater groups at colleges and universities as possible talent sources. "Residents of foreign countries—either U.S. citizens performing in films or live dramatic work in foreign countries, or actual citizens of those foreign countries—can be considered," read the JPC advisory. "The latter would probably be limited to non-speaking roles."
As earlier reported (SHOOT, 3/17, p. 1), attorney John McGuinn, chief negotiator for the JPC, said that a strike could prompt advertisers and their agencies to film in foreign countries and tap into acting talent pools there. However, last week’s JPC memo noted that spotmakers need to be aware of the obstacles that might accompany that option. "You should know," read the memo, "[that] SAG may ask its sister unions in Canada, Great Britain and Australia to support a strike by having their membership refrain from performing in commercials made for use in the U.S." Again, though, nonunion acting talent could be hired in those and other foreign countries.
The JPC memo also recommended that agencies and advertisers consult their legal counsel on matters such as the timing of pension and health contributions to any SAG/AFTRA performers who may choose to work during a strike. The memo added that it’s prudent to check with a tax specialist to determine whether an actor hired during a strike should be considered an employee or an independent contractor.
