AFTRA is interested in merger with the Screen Actors Guild, but not if the effort is going to fail again. So we learn from an article appearing in the just-mailed Spring 2010 issue of AFTRA Magazine. The union makes clear that any such effort will encompass all of its members, and emphasizes that the goal is “creating one media and entertainment union for all actors, performers and broadcast journalists.”

SAG reacted favorably, with guild president Ken Howard remarking in an email to me, “I’m delighted to see AFTRA’s leadership speak out forcefully about something that I and other SAG leaders so strongly support. Joining SAG and AFTRA to create a single union is essential to performers’ maximizing their power. It’s undoubtedly an idea whose time has come.”

(AFTRA, for the non-laborites among my readers, is the American Federation of Television and Radio Artists. The Screen Actors Guild (SAG) and AFTRA share jurisdiction over scripted television programming.)

So far, nothing unexpected. But what is new is the letter’s proposal that the new union have “a structure where no single city or no single category of member—actor, recording artist or broadcaster—is able to unilaterally impose its will on everyone else.” That description could just as well apply to AFTRA’s own current structure. SAG’s governance is quite different, and a simple majority of the Hollywood branch can indeed “unilaterally impose its will on everyone else,” or at least stalemate the rest of the union, absent a Herculean effort to the contrary.

Adopting a more AFTRA-like structure is bound to sit poorly with SAG’s Hollywood-based Membership First Faction. That’s the same stale group that has previously disparaged AFTRA and that caused the year-long contract impasse that cost SAG dearly. However, even non-MF Hollywood members will need to be convinced that a sacrifice in control will bring greater dividends in the form of national cross-category unity. It may not be an easy task.

Meanwhile, also new is the article’s conceptualization of the effort not as merger, but as the creation of “A New Union for a New World,” in the words of the article title. What this means is actually not particularly different from merger, but the point is to underscore the need to create a merged union to increase labor’s power in an age of proliferating platforms.

The article stresses that power should be the main goal, with other factors – elimination of duplicative dues, easing the ability to qualify for pension and health plans, and reduction of redundant administrative costs – treated as secondary. I wouldn’t downplay those secondary advantages quite as much as the article does, but the point is clear.

What’s less obvious from the piece is how creation of a new, merged union would increase union leverage. The article, styled as an open letter from AFTRA elected leadership (Roberta Reardon, Bob Edwards, Ron Morgan, Matthew Kimbrough and Lainie Cooke), notes that on the management side, many of the same companies are the employers of actors, other performers and broadcast journalists. (This is less true of another category of AFTRA member, musicians, since only one of the big four labels, Sony Music, is owned by an audiovisual company.)

However, this is less significant than it seems. The fly in the ointment is that since these different categories are employed under different contracts, each with no-strike clauses, joint strikes would be impossible. Does that mean that the letter is no better than a misaddressed email?

Not necessarily. On the contrary, I think the article is on to something if the goal is to create a larger community of interest among the different categories of member. It will, however, take assertive cross education and meetings between different type of workers – in other words, cross-category community building – in order for this to play out. Even if cross-category strikes are impossible, solidarity picketing and informal pressure may not be – just as we saw when SAG supported the Writers Guild during the latter’s strike. That support ultimately was one key to ending the 100 day labor dispute.

Cross education won’t be easy. The article pictures a commonality of interest, citing “salary reductions and added work responsibilities facing broadcasters, declining quotes and reduced work opportunities for actors or record labels’ imposition of ‘360 deals’ on recording artists” as though they were one and the same thing. However, it takes a bit of digging to identify technology as the common factor, since its manifestations are somewhat different – and, thus, so are the implications for labor.

Is technology a strong enough thread out of which to weave a community of interest? After all, technological change affects nurses, autoworkers and lawyers too, yet that doesn’t mean that these groups have enough commonality to foster solidarity between them. Do media workers? Maybe so, but it will take more fleshed out examples to make the point., and hard work to accomplish the goal

Nonetheless, SAG-AFTRA merger is a smart move for media workers. It is, at the least, a step in the direction of creating a larger community of interest and it addresses the dues, pension and health plans, and administrative costs issues. Moreover, it would make it harder for management to play SAG and AFTRA off against each other in negotiations.

The article alludes briefly to “secondary micro-issues” that helped scuttle merger the last two times it was attempted. In my view, those issues deserve a fuller airing well in advance of a merger attempt. The key issues are merger or revision of the health plans, merger of the pension plans, and the name of the new union.

Merger or revision of the health plans seems doable. After all, companies change health plans with some frequency; why can’t two unions, or a new union, change health plans and converge to the same plan? Merger of the pension plans is a more technical issue, and there probably needs to be an au current study done.

The third issue is the one that makes for a nice political football: should the new union be called SAG, AFTRA, AIMA (a proposal during the last merger attempt), or something different? MF partisans have a clear opinion: “You’ll pry my SAG card from my cold, dead hands” seems to be the thinking. Indeed, some probably intend to be buried with their cards.

Extreme or not, there is a reality here: a SAG card is aspirational, whereas an AFTRA card is not. The buff young trainers at my gym sidle up to me and in a whisper beg to learn how they can get their SAG cards. Do I have any in’s with the staff? Is there something I can do? If only the answer were yes, I’d probably have dates every Saturday into eternity. An AFTRA card, in contrast, might be enough for a free workout on a slow day.

Why the difference? Three reasons, probably:

First, as SAG partisans point out, “SAG” is a brand name with greater name recognition, or brand equity, as trademark experts like to say. With due respect to my AFTRA friends, the SAG partisans are right: clearly, more of the general public has heard of SAG than of AFTRA.

Second, “SAG” symbolizes the glamour of the movies; AFTRA symbolizes the technology of TV. Would you rather be 20 feet tall on a movie screen or 20 inches tall on a TV screen? Leave aside the reality that most people watch most movies on home video anyway, movies still have a cachet that television doesn’t.

Third, anyone can get an AFTRA card if they pay the initiation fee. In contrast, SAG is an exclusive club, albeit one with 126,000 members, two-thirds or more of whom don’t work as performers in any given year. Here again, the reality isn’t nearly as seductive as the perception, but so it goes.

So are we stuck in a world where SAG has to discard its name, which I think it will never do, or AFTRA has to accept “SAG” as the name of a merged union, which is also unlikely? No. The solution is easy, and it’s the same approach that was chosen when two rival union federations, the American Federation of Labor (AF of L) and the Congress of International Organizations (CIO) merged in 1955. The name of the merged organization? The American Federation of Labor and Congress of International Organizations – unwieldy, but no one calls it that. They call it the AFL-CIO. Short and simple.

And so would be the obvious equivalent for SAG and AFTRA: “SAG-AFTRA.” It’s short, easy to pronounce – easier than AFTRA-SAG – and it puts the union with the larger membership and more name recognition first. It’s a name that may be the best hope for a merger – or creation of a new union, call it whichever you prefer.

Will a new name require mental adjustment? Of course. No doubt the transformation of the Screen Writers Guild and Television Writers Guild into the Writers Guild of America required adjustment too. Ditto the mergers and name changes that led to the Directors Guild.

But SAG hardliners, ask yourself this: would you rather adjust to a new name, or do you prefer to deny health care to yourself and your family when you split work between the two unions and fail to meet either one’s threshold for coverage? Do you like paying two sets of dues and watching management play ping pong with two unions?

Sunset Boulevard got it wrong: the pictures – and the salaries – are getting smaller. It’s the companies that got bigger. Maybe it’s finally time for the unions to get bigger too.

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The SAG National Board yesterday passed a resolution, by a surprising 82% to 18% vote, directing the guild’s president and National Executive Director to “seek engagement with AFTRA in a joint bargaining agreement for negotiation of the Television/Theatrical Contract,” as quoted in a SAG press release. This move is as I predicted in a blog post three weeks ago, based on conversations then with a confidential source.

Those negotiations, scheduled for October 1 – November 15 of this year, would take place “under the terms of Phase One, modeled on the agreement used successfully in the 2009 Commercials Contract negotiations,” per the resolution. Phase One is the 1981 agreement between the two unions under which they have jointly bargained with the studios for almost three decades, with the notable exception of 2007-2009.

The margin was unexpected, since the board is almost evenly divided between factions that support joint bargaining (Unite for Strength and an independent in Los Angeles, and most or all members of the New York and regional boards) and a group (Membership First) that has generally expressed bitter opposition to joint bargaining under Phase One, a framework that gives SAG and AFTRA equal weight on the negotiating committee. (Because of the lateness of the hour, it was not possible to explore this issue with sources, and a call to a SAG spokesperson was not immediately returned.)

The resolution also directs the President, Ken Howard, and National Executive Director, David White, to “bring a recommendation to the National Board at the earliest opportunity.” The urgency presumably stems in part from the fact that AFTRA’s next national board meeting is February 27 meeting, and more generally from the constraints created by the October 1 date and the various processes leading up to it, as I have previously discussed. The TV/theatrical contract doesn’t expire until June 30, 2011, but the agreement reached last year between the studios and SAG mandates early bargaining, specifically, from October 1 through November 15.

The SAG press release is below.

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SAG National Board of Directors Meets via
Videoconference in Los Angeles and New York

Los Angeles, (January 31, 2010) - Screen Actors Guild National Board of Directors voted today to seek engagement with AFTRA in a joint bargaining agreement for negotiation of the Television/Theatrical Contract. Approved 82 to 18 percent, the resolution states:

“It was moved and seconded that in light of SAG’s historically productive negotiating partnership with AFTRA, the SAG National Board of Directors directs President Ken Howard and National Executive Director David White to seek engagement with AFTRA in a joint bargaining agreement for negotiation of the Television/Theatrical Contract, under the terms of Phase One, modeled on the agreement used successfully in the 2009 Commercials Contract negotiations. President Howard and NED White shall bring a recommendation to the National Board at the earliest opportunity.”

Screen Actors Guild President Ken Howard said, “I am very pleased with the vote and thank the Board for their leadership and foresight on this important issue. I so appreciate the Board’s cooperative spirit in this discussion and throughout the day, and feel confident that our Guild is moving in the right direction.”

In other actions, the National Board voted unanimously to create a National Performance Capture Committee to address the unique concerns and experiences of members who render performances that are recorded using “performance capture” technology across all media, and to advise the Guild on all matters pertaining to work in this rapidly growing area.

The board also approved 83 percent to 17 percent the unanimous recommendation of the finance committee to authorize the extension of existing initiation fee reductions in targeted markets across the country and to have the Guild’s Joint Strategic Planning and Finance Committee review the initiation fee structure nationwide.

Reports
The national board received reports from elected leadership and staff including:

• President Howard memorialized those members who have passed away over the last year reading each name aloud and calling for a moment of silent remembrance. Howard also recognized the recent loss of former Houston Branch President and board member Jim Huston, who passed away January 28, 2010.

Mary McDonald-Lewis, Regional Branch Division board member from Portland, Oregon, delivered a special tribute to Huston, saying, “He stood with his brothers and sisters through the best of times and the worst of times, and did so with resolve.“

• Secretary-Treasurer Amy Aquino delivered a report on the Guild’s second quarter financial results noting that SAG’s revenue and expenses are closely tracking the projections for fiscal year 2010. Aquino also provided an update on investment performance indicating recoupment of certain losses in the Guild’s investment portfolio when compared to the prior year.

• National Executive Director David White reported on the strategic planning efforts underway at the Guild and preparation for negotiations. White updated the board on new institutional and member service initiatives including a revitalized organizing strategy and program. White applauded SAG committee members and staff for their innovative and thoughtful work in key areas including the 2010 SAG Awards, government relations and legislative activities, new media outreach activities, and the LifeRaft Live Streaming partnership with SAG Foundation, among other efforts.

The Board also appointed Deputy National Executive Director of Contracts Ray Rodriguez to the Screen Actors Guild-Producers Industry Advancement & Cooperative Fund (IACF) board and addressed a number of governance matters, including a constitutional amendment regarding written assent procedures; an amendment to Branch rules of procedure; advisory recommendations from the annual national membership meeting; amendments to the election guidelines; and a recommendation to study the feasibility of electronic voting.

The meeting adjourned just after 5:00 p.m. PST.

About 60 pilots for scripted network primetime programs will be shot under AFTRA contracts this year, while few – or perhaps none – will be produced under SAG jurisdiction, according to sources close to the two unions, who spoke on condition of anonymity. This continues a trend that began last year, when roughly 90% of pilots (and 83% of pilot pickups) went AFTRA.

Those numbers, in turn, were a stunning reversal from previous years, which had had SAG garnering about 90% of pilots and 86% of pickups in 2008. But to see such figures two years in a row raises a fundamental question: Is SAG fading out of the TV business?

Maybe so. The ill-will generated by SAG hardliners evidently lives on in the producing community, notwithstanding the electoral change that brought cooler heads last year to the elected and top appointed leadership of the guild. The stalemate and strike rumblings that ensued after the June 30, 2008 expiration of SAG’s contract led many television producers to choose AFTRA jurisdiction wherever possible. SAG finally ratified a new agreement almost a year after the previous contract’s expiration, but the damage to the guild was done.

Also driving the change is the migration of television production from film to digital video: a filmed TV show can essentially only be shot under a SAG contract, but a digital video TV show in most cases can be produced under either union’s jurisdiction. It appears that TV producers are overwhelmingly choosing AFTRA — even though AFTRA wage rates (minimums) are several percent higher than SAG’s.

So, AFTRA’s reach is growing in network primetime scripted programming. That’s only part of the story though. Much of television is non-scripted, non-network or non-primetime: news programs, talk shows, reality, daytime dramas (soap operas), game shows, and more. Those areas, other than scripted cable, are AFTRA’s alone (or are non-union), as AFTRA indicated last summer in a compelling “24-hour TV union” graphic.

This year’s pilot season still has several weeks to go, so the numbers could change slightly, but probably not by much. Last year, for example, as of March 11, there were 70 pilots set for production, whereas the figure for this year as of today is about 60. If the pattern holds, we may see SAG increasingly focused on motion pictures and AFTRA on TV. The transition will be somewhat slow, because existing network primetime scripted series are heavily SAG, but the transition appears to be happening nonetheless.

And what of new media? Those productions tend to resemble TV series more than theatrical motion pictures – i.e., they’re episodic, the budgets are low, they’re shot on digital video, and are viewed on home screens – so AFTRA may end up with the lion’s share of these as well, to the extent that the work is done under union jurisdiction at all.

It’s a murky and confused picture that once again underscores the importance of joint bargaining by the two unions and, ultimately, the likelihood that merger is only solution to the present crazy-quilt jurisdictional overlaps between the two unions.

Spokespeople for SAG and AFTRA had no comment.

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The Screen Actors Guild national board this morning approved an agreement to hold joint negotiations with AFTRA with the studio alliance (AMPTP) later this year, for 45 days starting on October 1. That was the date for SAG and the AMPTP to begin early negotiations. Now it will be SAG and AFTRA jointly meeting with the AMPTP. The vote was expected, and was by a strong margin: 78% to 22%, according to a SAG spokeswoman.

This is good news for the industry, and dramatically reduces the possibility of further labor disturbance in the upcoming negotiating cycle. AFTRA’s national board approved joint bargaining three weeks ago, on February 27, so all that remains is presumably finalizing the text of the joint bargaining agreement and then signing on the dotted line.

AFTRA and the AMPTP had no comment.

A Membership First crowd of demonstrators outside the SAG meeting was minimal – about 20 to 25 people by reports from non-MF sources. Emails to MF were not immediately returned.