The following came in an e-mail from SAG/AFTRA:

SAG-AFTRA has rescinded its Do Not Work order for the New Media program High Hopes: Episode 3 aka High Hopes 3 and members are free to work on this production effective immediately.

Should you have any questions, please contact Tim Kuhl, Manager, Entertainment Contracts, at Timothy.Kuhl@sagaftra.org or (323) 549-6044.

—

It always gives us High Hopes when we can cancel do not work notices!

Arl

The Ol’ SAG Watchdog

*Headline photo selected by the Watchdog

 

David Robb Deadline                                                                                                                                                   August 20, 2019 6:12pm

UPDATED with David Goodman response: ICM Partners has accused the WGA of dropping the lawsuit it had filed in state court against the Big 4 talent agencies because “WGA leadership knew their lawsuit against the agencies was about to be found baseless and be dismissed.” The agency on Tuesday claimed the guild dropped the suit “instead of incurring that embarrassment right before their election.”

UTA made a similar claim yesterday after the guild dropped the state suit and filed answers and counter-claims in the federal antitrust case that CAA, WME and UTA had previously brought against the guild.

“The present leadership of the guild is terrible,” ICM Partners attorney Marvin Putnam told reporters during a phone conference today. Even so, ICM said that “the time has now come for the WGA leadership and the agencies to work together in the best interest of writers.”

Related Story
WGA Drops Lawsuit Filed In State Court Against Big 4 Agencies, Consolidates Claims In Federal Court – Update

Added ICM Partners in a statement: “It is time for the WGA leadership to stop posturing and do their job—which is to negotiate a new agreement with the agencies that best serves their membership, in the face of industry consolidation that has created formidable behemoth entertainment conglomerates to negotiate with.”

Countering ICM Partners’ claim that the guild has refused to negotiate, WGA West president David A. Goodman said today: “We sent all of the unsigned agencies a counter-offer after our last meeting with the ATA. We’ve followed up with each of them multiple times since, in each case offering dialogue and meetings. Some have responded and some have not. With those that agreed to talk we made additional changes and a deal in July negotiations. For any of those who have not responded to blame the WGA for the lack of progress is nonsense. And if they choose not to make a deal the litigation will continue. The ball is in their court. We’re ready.”

The WGA has been at loggerheads with the Association of Talent Agents for more than four months over terms for a new franchise agreement. They haven’t met face-to-face since June 7 – nearly two months after the guild ordered all of its members to fire their agents who refuse to sign its new Code of Conduct, which bans packaging fees after one year and prohibits agency affiliations with corporately related production entities.

“Yesterday’s headlines obfuscate the truth of the WGA’s actions,” ICM Partners said. “The truth is, if the WGA leadership actually believed packaging was illegal, they would have welcomed the Court’s upcoming decision on the validity of their claims. But they know their claims are legally and factually wrong. Knowing this, they first sought a delay of the ruling until after their elections, and when that strategy failed, they withdrew their claims entirely. And while this is an unquestionable legal victory for the agencies, the ongoing costs to everyone in the industry mounts and is disheartening.

“Rather than negotiating a new agreement between writers and their agents, the WGA leadership instead has made outrageous claims of supposed criminal behavior—behavior that they had endorsed and profited from for decades, and brought damning lawsuits such as this—only to drop them on the eve of their resolution, and otherwise sought to create discord and conflict between writers and their agents—at the very time when they should be coming together to prepare for upcoming negotiations with the studios.

“It is time for the WGA leadership to stop posturing and do their job—which is to negotiate a new agreement with the agencies that best serves their membership, in the face of industry consolidation that has created formidable behemoth entertainment conglomerates to negotiate with.”

Subscribe to Deadline Breaking News Alerts and keep your inbox happy.

https://deadline.com/2019/08/icm-partners-claims-victory-wga-hollywood-impasse-1202672527/

—

Hmmm “…formidable behemoth entertainment conglomerates to negotiate with…”  Hmmm again,,,like ICM…

Arl

The Ol’ SAG Watchdog

*Headline photo featured in Mister Robb’s Deadline article

By David Robb  Deadline                                                                                                                                                 August 19, 2019 5:48pm

William Schmidt, the independent candidate running for president of the WGA West, is firing back at the guild leadership for appointing a committee to investigate members who refused to fire their agents – and not e-notifying the guild that they had done so. And Schmidt, who refused to fire his ICM Partners agent, could be one of the first to be called before such a trial committee.

“While individual members have a voice and vote, after the Guild decides on collective action, members are obligated to follow Guild rules, which will be enforced,” the guild said recently in an update of the implementation of its Working Rule 23. “The WGA membership and leadership have ratified this course of action and the membership has a proud history of unity and solidarity. Article X of the WGAW and WGAE Constitutions guides Guild disciplinary procedures. In May the WGAW Board appointed a WR23 Committee to advise the Board and investigate alleged infractions.”

Related Story
WGA’s Phyllis Nagy Predicts Industry-Wide Strike And The End Of Writers’ Primacy In TV If Guild & Agencies Don’t Settle

“Here is what Working Rule 23 says in its entirety,” Schmidt posted today on his website. “No writer shall enter into a representation agreement whether oral or written, with any agent who has not entered into an agreement with the Guild covering minimum terms and conditions between agents and their writer clients.”

“That’s it. That’s all of it,” he wrote. “Nothing about firing agents. Nothing about one being in violation for not doing so. If leadership wants to amend any Working Rule, they must put the change to a vote before membership, which they haven’t done.

“Then why misrepresent Working Rule 23? Why threaten fellow members of the Guild? Because the ATA action is failing and leadership is flailing. They’ve made no progress with the Big Four. They’ve dropped the lawsuit that they said was going to end packaging as we know it.

“Instead of admitting their own mistakes and moving on, they need scapegoats. Blame me. Or Phyllis Nagy, as they did at all three membership meetings. Or any other fellow Guild member they can find. David Goodman likes to say that the upcoming election is a plebiscite on the ATA action. It’s not. It’s a referendum on leadership and their dangerous and destructive ways of doing business.”

Schmidt is the only WGA member who has openly refused to fire his agent, but insists that he has not, and will not, allow her to procure work or negotiate contracts for him until the dispute with the Association of Talent Agents is resolved. For guild leaders to demand anything more, he says, violates the WGA Constitution.

The guild’s presidential election, in which Schmidt is challenging Goodman and Nagy, is playing out against the backdrop of the guild’s four-month standoff with Hollywood’s talent agencies over packaging fees and agency affiliations with related production entities. The WGA and the ATA haven’t met face-to-face since June 7. Election ballots are due no later than September 16.

Subscribe to Deadline Breaking News Alerts and keep your inbox happy.

https://deadline.com/2019/08/working-rule-23-criticism-william-schmidt-wga-west-candidate-1202672007/

—

Stay Tuned!

Arl

The Ol’ SAG Watchdog

*Headline selected from photo in Deadline article

 

Dave McNary Variety                                                                                                                                                    August 19, 2019 3:29PM PT

The Writers Guild of America has withdrawn its state court suit against WME, CAA, UTA and ICM Partners alleging packaging fees are illegal and re-filed suit in federal court.

The WGA also responded to antitrust claims brought against the guild by the three agencies. Those agency suits alleged that the WGA abused its power in April by telling members to fire their agents if those agents had not signed the new Code of Conduct.

“Over the years the major agencies have repeatedly broken federal antitrust law by conspiring to fix the price of packaging fees,” said WGA West president David A. Goodman. “Their current campaign to preserve the packaging fee model by strong-arming smaller agencies also violates the law. We are simply asking the court to stop these agencies from illegally enriching themselves at the expense of writers.”

The federal counter-claim charges that the agencies’ packaging fee model violates their fiduciary duty to their clients and constitutes a system of illegal kickbacks and price-fixing under federal law. ICM is not included in the new suit.

Related
CAA Nixes Annual Emmys Party, Donates to Motion Picture and Television Fund
Writers Guild Presidential Candidate Phyllis Nagy Blasts Strategy on Agencies

The action also charges violations of federal antitrust laws via the agencies’ “collusive agreement not to negotiate individually with the Guilds” and “collusive agreement to blacklist writers or other individuals or entities who object to packaging fees or agree to the Guild’s Code of Conduct.”

The guild is seeking a declaration that packaging fees are unlawful. It’s also asking the court to order agencies to provide an accounting of all packaging fee deals involving Guild members and disgorge all profits generated from “unlawful and unfair” packaging fees.

The WGA said that the state court claims will be consolidated and decided as part of the federal court action. UTA brushed off the filing of the new litigation in a statement Monday, asserting that the move was a “complete retreat” by the WGA.

“The WGA’s dismissal of its own state court lawsuit today represents a complete retreat by Guild leadership, who were fully aware they faced certain defeat in the courts in a few weeks,” UTA said.

“The lawsuit represented the WGA’s ill-considered and poorly executed campaign that continues to harm writers, who labor on unnecessarily without effective representation,” UTA added. “The new claims are equally ill-considered, vitriolic and baseless. UTA is confident that they will ultimately be dismissed as well.”

The state court motions by the agencies to dismiss the WGA suit had been set for a Sept. 5 hearing. The WGA had sought unsuccessfully to postpone the hearing until after the guild’s elections. The results of the WGA West election — which are widely considered to represent a referendum on Goodman’s hardline stance toward agencies — will be announced on Sept. 16.

The original WGA suit was filed on April 17, four days after the guild ordered its members to fire their agents if they had not agreed to the Code of Conduct. The action included eight WGA members as plaintiffs, who remain in the federal suit: Meredith Stiehm, Barbara Hall, Patti Carr, Ashley Gable, Deric Hughes, Chip Johannessen, Deirdre Mangan and David Simon.

The WGA case will be now handled by U.S. District Court Judges Andre Birotte and Alex MacKinnon, who were assigned the cases filed by CAA, WME and UTA.

Aaron Craig, a partner in the business litigation group at King and Spaulding, told Variety, “I thought the WGA’s counsel made a strategic mistake when they initially filed their claims in state court, because Federal judges run a much tighter ship and tend to punish discovery misconduct far more seriously than their counterparts in state court. Despite that initial misstep, the case is now in excellent hands. Judge Birotte and Jude MacKinnon are outstanding judges. If I was representing the WGA, I’d be very aggressive in going after documents and deposition testimony from each of the agencies, knowing that any gamesmanship will be severely punished.”

https://variety.com/2019/film/news/writers-guild-agency-lawsuit-withdrawn-refiles-federal-court-1203306835/

—

Fed up!  Stay tuned

Arl

The Ol’ SAG Watchdog

*Headline photo for Mister McNary’s timely article selected by the Watchdog.

 

In an earilier post of UFS campaign literature, I promised when I  got the following in my e-mail I would post it:

This e-mail is not an official communication from SAG-AFTRA and has not been transmitted at SAG-AFTRA’s expense.
—————————————————

Hello my union colleagues, I’m Matthew Modine.

I decided to run for President to return the favor of the protections I’ve enjoyed, and to serve our membership.

My daughter belongs to the next generation of artists in our union. I want them all to know I am here to continue the legacy.

1. Matthew Modine I’m on Your Side https://youtu.be/Nz8fujcfk9I

2. Our issues are many – these are but five:

A. Split-Earnings: An unresolved problem since merger (3/30/2012) has left many members unable to qualify for a pension credit:

Section II ~ Scroll to: Fix the Split-Earnings Gap https://membershipfirst.com/platform2

B. Pension Inequity: We believe that all participants in the SAG Pension Plan should accrue at the same rate:

Section II ~ Scroll to: Pension Equity https://membershipfirst.com/platform2

C. Renting vs Owning: We believe that SAG-AFTRA is throwing good money after bad by spending $6M/year renting just 4 floors of a building in LA:

Section II ~ Scroll to: Be Smart With Our Money https://membershipfirst.com/platform2

D. Sexual Harassment: A low sense of urgency by our union has left members feeling unsafe. We will continue to lead the charge:

Section II ~ Scroll to: Combat Sexual Harassment https://membershipfirst.com/platform2

Harassment Within a Union: https://membershipfirst.com/harassment-within-a-union

Suggestions:

https://membershipfirst.com/re-recommendations-for-sag-aftra-to-strength…

Chorus of Voices: https://www.youtube.com/watch?v=5mQsHwESFUs

E. Contract Negotiations: The latest contract (Netflix) was not negotiated by the Negotiating Committee. Staff negotiated.

We are a Member-Led Union.

This agreement is fraught with problems which includes:

a. No residual increase on an already low formula:

Section I ~ Scroll to: Fight for Residuals https://membershipfirst.com/platform1

b. No increases across the board for background – no increases in numbers, pay or coverage in New Mexico:

Section 1 – Scroll to: Background Actors https://membershipfirst.com/platform1

c. We were told that the reason the membership was not allowed to vote to approve the Netflix deal is because it was a “single employer” and didn’t affect a substantial portion of the membership:

https://www.hollywoodreporter.com/news/london-singapore-how-netflix-is-e…

3. With regard to the lie that UFS is spreading about MembershipFirst “costing” our SAG members $100M in lost wages and pension contributions, they failed to mention a key fact:

Jodi Long Today-Tomorrow For You https://www.youtube.com/watch?v=5XcJzqQr2C4

4. Lastly, we have a question about election malfeasance, to which we have yet to receive a reply:

Matthew Modine We Are a Membership-Led Union https://www.youtube.com/watch?v=1Zrybi5WULw

Those who serve others, best serve themselves.

With respect and bonhomie,

Matthew Modine

——

LOS ANGELES Complete Voting Guide

National Election (Purple Envelope)

NATIONAL PRESIDENT – (2 YEAR TERM VOTE FOR NO MORE THAN ONE)

04. MATTHEW MODINE

NATIONAL SECRETARY-TREASURER (2 YEAR TERM VOTE FOR NO MORE THAN ONE)

06. JODI LONG

Los Angeles Local Election (Orange Envelope)

PRESIDENT – (2 YEAR TERM VOTE FOR NO MORE THAN ONE)

01. PATRICIA RICHARDSON

VICE PRESIDENT – (2 YEAR TERM VOTE FOR NO MORE THAN TWO)

06. FRANCES FISHER

07. DAVID JOLLIFFE

LOCAL BOARD MEMBER – ACTOR/PERFORMER & STUNT PERFORMER (2 YEAR TERM VOTE FOR NO MORE THAN FORTY-ONE)

09. MARK A PLANAS

12. PATRICIA RICHARDSON

13. JOHNATHON SCHAECH

17. SHAAN SHARMA

18. GREGG SMRZ

19. ARNE STARR (Independent)

23. JONATHAN TAYLOR THOMAS

32. LISA ANN WALTER

35. PETE ANTICO

36. ED ASNER

38. JESSICA BARTH

39. ROSA BLASI

43. NEVE CAMPBELL

46. JOANNA CASSIDY

55. JOE D’ANGERIO

56. DENNIS DEPEW (Independent)

60. DEBBIE EVANS

61. GREG EVIGAN

64. MARIE FINK

65. FRANCES FISHER

70. MICHELLE JUBILEE GONZALEZ

72. ELLIOTT GOULD

73. PAMELA GUEST

74. RICHARD HADFIELD

75. BRIAN HAMILTON

76. LINDA HARCHARIC

77. LOUIS HERTHUM

78. JENNAE HOVING

80. DAVID JOLLIFFE

81. MATT KAVANAUGH

84. DIANE LADD

85. DONNA LYNN LEAVY

86. JOANNA LEEDS

91. JODI LONG

94. ANTHONY MARCIONA

96. KEVIN MCCORKLE

97. MATTHEW MODINE

98. ESAI MORALES

99. GAYE NELSON

102. RON OSTROW

LOCAL BOARD MEMBER – DANCER (2 YEAR TERM VOTE FOR NO MORE THAN ONE)

104. LAMONTE DE CARLO GOODE

NATIONAL BOARD MEMBER – ACTOR/PERFORMER & STUNT PERFORMER (4 & 2 YR TERM VOTE FOR NO MORE THAN SIXTEEN)

105. PATRICIA RICHARDSON

106. JOHNATHON SCHAECH

109. JONATHAN TAYLOR THOMAS

112. ED ASNER

114. JESSICA BARTH

115. JENNIFER BEALS

118. NEVE CAMPBELL

120. JOANNA CASSIDY

126. DEBBIE EVANS

128. FRANCES FISHER

133. ELLIOTT GOULD

134. PAMELA GUEST

135. DAVID JOLLIFFE

138. DIANE LADD

139. JODI LONG

144. A MARTINEZ

NATIONAL BOARD MEMBER – DANCER (4 YEAR TERM VOTE FOR NO MORE THAN ONE)

147. LAMONTE DE CARLO GOODE

CONVENTION DELEGATE – ACTOR/PERFORMER (2 YR TERM VOTE FOR NO MORE THAN ONE HUNDRED THIRTY-SIX)

148. LAURIE PALADINO

152. BRIAN PERRY

153. LAUREN PETERSON

157. MARK A PLANAS

166. LOUIS T SALIBA

169. SARAH SCOTT

172. SHAAN SHARMA

173. SHERMAN

174. NICHOLAS SHRINER

177. CHALENE SLOAN

179. DAVID SOBOLOV

180. JOHN SOLARI

181. KYLIE SPARKS

183. ARNE STARR

185. MARK STEBBEDS

186. BOB STEPHENSON (Independent)

187. ARON STEVENS

188. SCOTT STEWART

190. STEWART STRAUSS

191. JASON STUART

195. ROBERT LEE TAYLOR

198. JONATHAN TAYLOR THOMAS

199. SEAN TOMAZIN

206. BRAD VENABLE

209. BANZAI VITALE

212. LISA ANN WALTER

213. NAOMI WATSON

214. KEVIN E. WEST (Independent)

220. LYNNANNE ZAGER

222. CHERI ADAMS

225. JENNIFER LYNN ANDERSEN

228. ED ASNER

231. GJ BAKHTIARI

233. JESSICA BARTH

234. MICHAEL BELL

238. ROSA BLASI

243. STEVEN H BOZAJIAN

250. MICHAEL PATRICK BRUEN

252. TREVOR BRUNSINK

254. JENNIFER H CALDWELL

255. WILLIAM CALVERT

256. NEVE CAMPBELL

257. JESSE MARTINEZ CARLOS

260. RACHELLE CARSON-BEGLEY

262. JOANNA CASSIDY

267. CYNTHIA LEA CLARK

269. DAVID CLENNON

272. LISA COHEN

274. JOHN CONTENT

281. WENDY E. CUTLER

282. JOE D’ANGERIO

284. JOAN DEL MAR

286. DENNIS DEPEW

287. PETER RJ DEYELL

291. SUSIE DUFF

294. CAITLIN DULANY

296. CATHERINE EADS

297. MAGGIE EGAN

298. CAROLE ELLIOTT

299. DAVID ELSON

304. CAROLINE FEINSTEIN

306. FRANCES FISHER

309. MARGARET ROSE FLORES

311. ELISA GABRIELLI

312. RICK GALLAVAN

317. MARC C GESCHWIND

318. ELLIOT GHERTNER

321. MICHELLE JUBILEE GONZALEZ

323. ELLIOTT GOULD

325. ELIZABETH GUEST

326. NICHOLAS GUEST

327. PAMELA GUEST

328. RICHARD HADFIELD

329. BRIAN HAMILTON

330. KELLY HANSEN

331. LINDA HARCHARIC

332. SAMANTHA HARTSON

334. ALEXANDER MICHAEL HELISEK

336. JACK E. HERMAN

337. LOUIS HERTHUM

342. JENNAE HOVING

345. HEIDI JAMES

346. MARY ELLEN JENNINGS

348. DAVID JOLLIFFE

352. LARRY JOSHUA

356. JAMES EDWARD KARNES

357. MATT KAVANAUGH

360. MOBIN KHAN

364. STEVE KNOLL

366. DIANE LADD

368. STEVE LANZA

371. DONNA LYNN LEAVY

372. JOANNA LEEDS

377. ANDREW K LO

379. JODI LONG

386. LAWRENCE A. MANDLEY

387. ANTHONY MARCIONA

389. RICK MARKMAN

390. A MARTINEZ

394. KEVIN MCCORKLE

399. DAVID MIZZELL

404. ROSEMARY NAPOLI

405. GAYE NELSON

409. JENNIFER LYNN O’HARA

412. ARTHUR ORTIZ

413. RON OSTROW

414. RICK OVERTON

CONVENTION DELEGATE – DANCER (2 YEAR TERM VOTE FOR NO MORE THAN ONE)

416. LAMONTE DE CARLO GOODE

CONVENTION DELEGATE – STUNT PERFORMER (2 YEAR TERM VOTE FOR NO MORE THAN THREE)

417. GREGG SMRZ

418. PETE ANTICO

419. DEBBIE EVANS

Please vote for our entire list, we need every name in order to make a difference, we feel we have

picked a well rounded group of folks that will support ALL categories. Find an easy gliding

“Black Ink pen, and settle in for thirty minutes with our handy guide.

Thank you for your support!

MembershipFirst.com

We have lost hundreds of millions of dollars because our contracts have not kept pace with exhibition platforms as they have evolved. A change in leadership is imperative, in order to prevent history from repeating itself.

Read more: https://membershipfirst.com/platform2019

——

UFS Fiction/ Union Truth | The following are MembershipFirst’s 17 responses to the distortion of fact:

1. UFS Fiction: “Merging the unions will remove a significant obstacle to the eventual merger of the benefit plans.”

Union Truth: Prior to the union merger vote in 2012, in the “Pension & Health, Health & Retirement Feasibility Report” to the membership, it was concluded by six of the “most experienced ERISA attorneys in the country” that “There is no legal obstacle to merging the pension and health plans” and that “The merger process for plans is not particularly complicated.” After union merger, at a SAG-AFTRA membership meeting, National Executive Director David White said this regarding the merging of the pension plans: “It’s a regulatory nightmare.” Under the 2014 Codified Basic Agreement with the AMPTP (the very first merged SAG-AFTRA contract), led by UFS, split earnings were officially codified – and contributions from your earnings were calculated at 57% for the SAG Pension Plan and 43% for the AFTRA Retirement Fund. And yes, while the Health Plans were merged five years after the unions merged, threshold requirements for both health and pension continue to rise, leaving many union performers out in the cold. UFS’ pre-merger promises have not come to fruition – and currently, there is no known pension-merger timetable by the Trustees. Read More: www.membershipfirst.com/ufs-fiction-vs-union-truth

---

Stay tuned!

Arl

The Ol’ SAG Watchdog

*Headline photo selected by the Watchdog