SAG and AMPTP - Negotiations Resume - What is at stake?

Apr 17, 2008 - 12:10 PM PST

From my blog: Still ACTING after all these years




Back in the Summer of 2000 there was a strike between SAG actors and producers of commercials. This past year we, the public at large, watched as the AMPTP and the WGA worked through a prolonged strike over a new theatrical contract for writers.

In doing some internet research for an article I'm trying to put together on SAG Membership vs SAG Eligibility, I ran across the following post that I contributed to an internet forum during the commercial contract strike in 2000.

These are my words, so I felt free to edit some of the original text that was specific to issues in the commercials contract so as not to confuse anyone coming onto this piece anew.

Because I think many of the points I tried to make then are valid in the context of the SAG / AMPTP Theatrical contract negotiations, and to an ongoing discussion of SAG issues in a right to work state, I thought I would share these comments again in this blog:

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Sometimes it feels pretty lonely and frustrating to be a SAG actor in our fair state. But then I remember the first commercial I ever did. I was not in SAG at the time but, even so, I think the $10 I got was a bit on the low side.

I suppose it could be argued that, at the time (and maybe now) I wasn't worth more than $10. But the client had that commercial on the air for over a year in a local market. Apparently it helped them sell a few cars or they wouldn't have continued to run that turkey for so long. As a young, eager actor I was delighted to get the chance to be in a 'real commercial'. I would have worked for free. But then, that's part of the problem, isn't it?

If we are willing to work for free, there surely will be producers who are willing to let us. Regardless of the financial implications for either party. That's why we have a guild in the first place. There will always be actors who are willing to work for free. Just for the chance to act. We're so consumed by the desire to express our talents that we are willing to sell out our futures.

I joined SAG quite a few years ago. I was a Texas actor. I didn't have to join. Why did I?

Two reasons come to mind. All the acting heroes I had and still have were/are SAG members. So, I suppose, joining SAG made me feel more like I was on my way to achieving credibility as a professional actor.

I've never been one to feel that the only talented actors are union actors. That's silly. Still, a SAG card says Professional Actor. It did then, it does now. It says "I'm serious about being a professional actor. This is not my hobby. This is my profession." That's what is says to your peers, your parents and your friends all of whom have probably asked you when you were going to "stop playacting and get a real job".

The second, and most important reason I joined SAG is more philosophical. An [ethical] decision. Personally, I've never been one for taking handouts. If an organization is going to secure a contract for good wages, working conditions, pension benefits and health benefits, I'm going to join that organization IF I'm also going to accept the benefits they achieve on my behalf. To accept the benefits but not support the organization that won them is simple freeloading and, personally, not an [ethically] acceptable position to take. For me.

If I'm going to take from SAG efforts, I'm going to support those efforts with my dues money and my loyalty. (Given the literally thousands of dollars SAG has collected for me from wayward producers over the years, that support has been more than justified.)

[One of the sticking points in the 2000 Commercial Contract negotiations was a proposal by producers to drastically change the residual structure for commercials. The same or similar proposals have been talked about for the Theatrical Contract so these comments are, I believe, still relevant.]

The concept of residual income does seem strange to some folks. But while the actor is collecting residuals on one job he/she did 6 months ago, he/she probably hasn't worked a day since. And probably won't work for a few more months still. That's the reality of the acting business.

In the mean time, the crew people, casting people and others not in the residual stream [may] have worked on numerous other jobs, collecting a paycheck for each job along the way. At the end of the year, who's made the most money? Usually the actor will be on the short end of that stick.

[ Comments specific to residual income for commercials has been deleted for this post]


The issues in this strike are watershed issues and are [potentially] worth striking over. I just don't think most people understand the implications of the producers' offers. Those of us who've been around a bit do understand. I know I understand every time I get a $10 cable residual on shows that run full page trade ads trumpeting their success in syndication.

I pray for a foreign residual because it's likely to be more substantial than a domestic cable residual. I understand while I'm still waiting to be paid my residual on a movie that aired on cable six months ago. My guild tells me I can expect to wait 9-12 months for my residual. When that residual comes it will be my part of the 6% of the show's income that's allocated to all the talent for cable tv residuals.

If I'm lucky, I'll make enough from new work and residuals to keep my health insurance for one more year. If I'm lucky. Frankly, our present cable tv deals stink. Plain and simple stink. I remember well when the first cable contract was negotiated. Some of the same rhetoric I'm hearing now about the internet and new media outlets was employed at that time: "don't kill an infant technology"..."we can't afford to pay network rates".

So SAG cut the cable industry 'sweetheart' deals. Ha! Cable has for years been generating viewer numbers that make "we can't afford" line sound absurd and yet our theatrical and commercial cable deals are still [largely] stuck back in the "don't kill the technology" days.

That's the story now with the internet, DVDs and other new media distribution. The implications for the internet in delivery of commercials and tv and film programming are awesome. Worldwide awesome. Yet we're being told that the industry can't afford to even consider establishing rates and guidelines for net product. Baloney. If we don't get our foot in the door now, we'll certainly have no easier time when the next negotiation period rolls around. And we'll never catch up. Just the position we're in now with cable.


[How about the following prediction from 2000?]


(And of course the theatrical producers are looking at how the commercial contract negotiations go re the internet. This strike and its eventual outcome will inform both sides of what's to come at the next theatrical contract negotiations. The Writers Guild is watching as well and is also preparing to strike over similar issues.)

I've not always been happy with my guild. It's not perfect, to be sure. But I've never regretted my decision to join. I hate to think where wages would be, especially in a right-to-work state, if there were no union presence establishing wage and working condition standards for professional performers. Hopefully wages would be more than the $10 I got on that first gig, but who knows?

I hate strikes. I've voted against my share of them. But this time we had to strike. [Referring to the Commercial strike of 2000] I'll be glad when it's over... but not until we get a fair deal. We won't get a fair deal and the strike will not end as long as good performers are performing struck work. Please don't be so short sighted.

Yes it hurts to turn down a paying job. It will hurt much more to wake up when you're 50 instead of 20 and realize that you undermined the only system in place that would have allowed you pension benefits and health insurance while you pursued your chosen career.

Yes the rhetoric has been harsh at times.

[So far in this season of negotiations, the harshest rhetoric has been taking place between SAG and AFTRA and between factions within SAG...please children, GROW UP.]

That's an indication of just how serious the issues are in this strike. But the consequences of caving in to producers current offers will be far harsher on our future than most of you can imagine.

If you're non-union, or a fairly young actor new to the union, seek out a 'more seasoned' member and get some perspective. Talk to someone who's been through a few contract negotiations and even a strike. Without those folks, the wages and working conditions set by SAG would not be in place now. Without you they won't be in place in the future.

Tommy G. Kendrick
Actor,
Originally Posted July 2000; Edited as of 4/17/08