Next Wednesday we will know if AFTRA officially approves tentative deal with the AMPTP

By Brian Frederick

HOLLYWOOD, CA (Hollywood Today) 7/5/08 – - Caught between a rock and a hard place, SAG battles the produucers on one side and it’s former spouse, AFTRA, on the other side. Can the underdog rise from the ashes to defeat the AFTRA ratification vote and force the AMPTP to capitulate to it’s demands or smolder in the dust after AFTRA votes “yes” for the tentative agreement?

The AMPTP, SAG, and AFTRA are in a threesome of waiting on one for the other to decide their economic futures. To simplify, SAG is stalling to negotiate on the AMPTP’s “final offer” it received last week until AFTRA votes for or against their tentative agreement with the AMPTP. That’s important because half of AFTRA’s members belong to SAG. Should AFTRA vote against the tentative agreement, SAG’s negotiating strength improves 180 degrees and a vote “no” is close to a strike authorization.

A SAG and AFTRA joint strike union as one party against the AMPTP could make the $2.5 billion writer’s strike of 2007/2008 look like a bankrupt neighborhood lemonade stand. The cost of a strike to the Los Angeles economy should that occur could be devastating.

In a show of defiance by each party, SAG and AFTRA have enlisted big name actors to speak for them publically. The AMPTP has also released a statement of its own. The odds are stacked against SAG with AFTRA on the verge of approving its deal with the AMPTP. SAG’s contract has already expired with the AMPTP and no tentative agreement has been reached, although SAG is reviewing a final AMPTP offer.

Before next Tuesday’s AFTRA ratification vote, last minute separate appeals were voiced by all three parties concerning their own cause for or against the AFTRA agreement.

SAG: Screen Actors Guild

“AFTRA’s deal not only falls short of fair compensation and protection for actors but just as significantly reflects corporate appeasement that will have an irreversible negative affect on the integrity of the show and the films we perform in. They’re trying to buy us out, bully us down and in doing so, they will destroy the very purpose of our work,” Sean Penn wrote in message to SAG members.

AFTRA: American Federation of Television and Radio Artists

Sally Field lent her face with a hand full of others, including Morgan Fairchild to vote “yes” for the agreement. Unofficially John Travolta is giving his support to AFTRA. “You’ve heard from so many of us again and again about the value and importance of AFTRA’s deal, urging you to vote – YES. You’ve also heard from SAG Hollywood, again and again about what a bad deal this is. This campaign by SAG is absolutely without precedent in the history of entertainment, likely within labor itself. The cost is exorbitant. Flyers, postcards, trade ads, robo calls…, the price mounts everyday,” said AFTRA in a written response to its members.

AMPTP: Alliance of Motion Picture and Television Producers

“Our industry is now in a de facto strike, with film production virtually shut down and television production now seriously threatened. In an effort to put everyone back to work, the AMPTP presented SAG our final offer – a comprehensive proposal worth more than $250 million in additional compensation to SAG members, with significant gains and groundbreaking new media rights for all performers. Our $250 million offer is consistent with the four other labor agreements reached this year with DGA, WGA, AFTRA Network Code and AFTRA Prime-Time. If our industry shuts down because of the unwillingness of SAG’s Hollywood leadership to make a deal, SAG members will lose $2.5 million each and every day in wages. The other guilds and unions will lose $13.5 million each day in wages and the California economy will be harmed at the rate of $23 million each and every day. We will continue for now to work under the terms of the old contract as current productions wind down,” wrote the AMPTP on its website.

Photo: Nick Counter III

Some basics of the AMPTP agreement offered to SAG are as follows:

Minimums:

Increase minimums by 10% over the course of the contract, 3.5%, 3%, and 3.5%.

Increase network primetime rerun ceiling by 2.5% in the first and third years of the contract.

Pension and Health:

Increase contribution by 0.5% in the second year of the contract; bring SAG’s pension and health rate up to 15%. The highest Guild rate in the industry.

New Media:

Establish residuals for streaming television and programs.

Establish jurisdiction and residuals for derivative and original made for New Media programs.

Doubling of residual rate for permanent downloads.

Preserve performer’s consent over non-promotional uses of clips in New Media.

Broad definition of “covered performers,” in low budget New Media productions.

Full access to Companies’ un-redacted New Media deal memos.

Sunset clause to protect both sides in future negotiations.

Mark your calendars, AFTRA’s ballots must be mailed and are due by the close of business next Tuesday July 8^th. Be counted and get your votes in!