Lbour Relations Case Study - the Screen Actors Guild strike 2008-2009

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SCREEN ACTORS GUILD                 

Screen Actors Guild

Dawn Zuehlke

Rasmussen College

Authors Note

This research is being submitted on March 1, 2011, 2011 for Amy Dieke, B441 Personal and Labor Relations course at Rasmussen College by Dawn Zuehlke

The media industry is an enormous part of the entertainment world. This includes radio, television, film, newspapers, and even American film producers, production companies, and movie studio. When there is such a vast industry there will ultimately be challenges that arise that may involve the use of labor unions.  Labor unions are used to allow for equal treatment of employees and to protect their interests. There are many types of labor unions today such as Craft unions, Industrial unions, Public sector unions, Professional Sports unions, and Transportation unions (Carrell, & Heavrin, 2007). The Screen Actors Guild (SAG) is a union that represents movie and television actors and actresses. They were involved in one of the many challenges that are faced in the media industry in the form of a labor dispute against the Alliance of Motion Picture and Television Producers (AMPTP). The AMPTP is a trade organization that represents the interests of producers, studios, and production companies and were involved in a labor dispute with SAG from 2008-2009. The labor dispute began in April of 2008 as SAG anticipated the end of their current contract in June, 2008.

        The SAG labor dispute began in June of 2008 and continued until June of 2009. The labor dispute involved actors and actresses of prime time television shows over residual income from DVD sales and movies and Television shows that can be found on the internet.  These issues were not covered in the old SAG contract that expired in June of 2008. Because of the growth in technology and the use of the internet these areas are a growing source of revenue which actors and actresses want included in their contracts (Whitford, D. 2007). The SAG’s main issue was gaining an agreement that would include residual payment for actors and actresses. These residual payments or royalties would come from material that is resold on the internet at places such as iTunes, Netflix, and many other sites that have movie downloads with a membership. The royalties would also come from DVD and Blu-Ray sales which are not included in the current contract (Whitford, 2007). This would be beneficial to the actors and actresses as it would increase their income in a time of uncertainty.

        The AMPTP had agreed that they needed to take a look at the way the current system was being run. One of their arguments is that all one-hour drama shows saw an average of $33 million in debt in the beginning and theatrical releases were at least $70 million in debt. They need to receive the residuals from the sale of DVD’s and pay-per-view to get out of the red in order to make the system work.  By losing a percentage of income by paying residual it will take longer to get the new production out of the red (Whitford, 2007).

        The AMPTP began the bargaining process in the summer of 2008 by bringing a proposal that included a recoupment formula that would help them to recoup residuals until they broke even. When this was accomplished, this new recoupment formula would then transfer a percentage of residuals to the actors and actresses (Whitford, 2007).

        In order for SAG and AMPTP to reach an agreement, AMPTP exercised their right to bargain collectively. The National Labor Relations Act (NLRA) encourages collective bargaining but requires that both parties bargain in good faith. Once that right was exercised SAG and AMPTP were required to bargain in good faith. During the bargaining process each side would have stated what they were asking and try to find out how far they can push before the other party threatens to strike which the union may do if an agreement was not agreed upon. This is done through meetings in which the representatives for each party will argue and fight for what they want. There is often a power struggle between the parties until one side realizes that by continuing the fight, they may end with a less favorable agreement (Jensen, 1963).    

        If a contract is not approved the SAG threatened a strike that would involve the actors and actresses of prime time television series such as House, 24, CSI: Crime Scene Investigation, The Office, Fringe, and Desperate Housewives. A strike would not only affect the actors and actresses but may affect the economy just as the Writers Guild of America strike had. According to Michael White and Andy Fixmer authors of “Hollywood Writers Return to Work After Ending Strike,”  “The strike cost the Los Angeles economy $2.1 billion,” (M. White, A Fixmer 2008).        

There were several individuals including Mike Ferrel who had been an actor in “Mash” who voiced their concerns about whether trust could be given to the president of SAG, Alan Rosenberg and vice president Kent McCord. They were very concerned whether they would be able to bargain in good faith. Their concerns went even further as many stated that Rosenberg and McCord were allowing their egos to get in the way and were not interested in making any kind of a deal anytime soon. This would be considered surface bargaining which is having no intention of securing an agreement and only going through the motions (Carrell & Heavrin, 2007). If this was the case this would have been considered acting in bad faith under the NLRA.

        Many of the actors and actresses were concerned that the only goal that Rosenberg and McCord had at that moment was to exercise their right to strike which is found under the Wagner Act. Many of the Executives of SAG were gaining momentum with this notion. Their thoughts were, “If we’re going to have a strike, let’s have a really big one” (Whitford, 2007).

        Many union members agreed that a vote to strike would be disastrous at that time. One reason that was given was because of the economy and the deepening recession. Another reason given for not striking was because a majority of the entertainment businesses were still suffering from the effects of the Writers Guild three month strike. A large number of SAG actors pushed to suspend a strike vote indefinitely. A financially devastating blow caused by a strike would not only affect actors and actresses but production workers, talent management agencies, crew members, and technicians as well. In order for a strike to happen, the SAG would have to secure a 75% yes vote from union members (Collins, 2008).

        The threat of a strike by SAG did not only make actors nervous but is also caused a great deal of stress in Southern California. Fashion retailers and designers were not ready to see yet another strike that could possibly devastate television and movie production in Hollywood. Many retailers were still trying to rebound from the strike by the Writers Guild of America. A strike by the SAG would be devastating for a state that was seeing plummeting home values, the highest unemployment since 2003, and increasing gas and food prices.  The SAG lost the battle for a strike vote because they had finally realized that a 75% vote would be very difficult to achieve (Riley-Katz & Medina, 2008).

        During the early part of the bargaining process, AMPTP chose to stop bargaining with SAG on a new T.V. and film contract and suspended Phase One participation. Phase One was an agreement between SAG and AMPTP since 1981 for negotiating together. The suspension of Phase One was not a surprise because of the strain that each party had been feeling for some time. The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) tried to bring SAG and AMPTP together to settle their differences but a vote was given to go ahead with the suspension Phase One.  One reason given by AMPTP for suspending Phase One was because SAG was too willing to call a strike. Both sides had decided to continue bargaining separately to gain a contract agreement for their union members.

At the end of the year long labor dispute, SAG and AMPTP finally set aside their differences and resumed negotiations. The bargaining process went back and forth several times as SAG would reject AMPTP’s offers in the hopes to secure a better deal. Many of the SAG members were ready for the whole process to be done with and urged leaders to allow them to vote on the final contract offer that was sent from the AMPTP. They finally voted in May of 2009 and accepted a new contract with a 78 % vote. The final contract is very similar to the one offered last fall. The main goal of the labor dispute of receiving residual pay for shows shown on the internet and downloadable through sites such as iTunes and Netflix were included in the contract which gave them a 3% increase in pay (Verrier, 2009).  

There are two types of bargaining strategies according to Michael Carrell and Christina Heavrin, authors of, “Labor Relations and Collective Bargaining.” In order to bargain collectively one of the two strategies must be chosen. The two different strategies are distributive and integrative. Distributive bargaining tends to be more competitive, whereas integrative bargaining is more cooperative. SAG used a distributive bargaining technique during their negotiations. This type of negotiation is used when they are trying to divide or distribute something that is fixed. This is opposite of integrative bargaining in which they try to make more of something (Carrell & Heavrin, 2007).

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Distributive bargaining is normally described in terms of how a pie is divided. This is done by dividing the pie up to try and get more of it for themselves. When this bargaining technique is used both sides will have to agree to use it. The goal of distributive bargaining is to win as much of the pie as possible which means that it is a win/lose situation because what one loses the other gains.  SAG used this type of bargaining in order to gain more of the pie for residual income from the use of material that can be ...

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