The Writers Guild of America’s (WGA) East and West branches have called its first strike in 15 years starting at 12.01am PT on Tuesday, one minute after the expiry of the Guild’s outgoing minimum basic agreement.
Acting “upon the authority granted to them by their memberships” the WGA branches said picketing will start on Tuesday afternoon after six weeks of talks with content producers represented by Alliance of Motion Picture and Television Producers (AMPTP) failed to reach an agreement.
The AMPTP said on Monday night it had presented a ”comprehensive package proposal” which included “generous increases in compensation for writers as well as improvements in streaming residuals”.
The Guild said the studios’ responses to its demands were ”wholly insufficient given the existential crisis writers are facing” and has demanded increased compensation covering minimum pay, residuals on theatrical and streaming titles, and “mini-rooms”, as well as regulation of the use of content created by A.I., among other things.
WGA statement
The WGA added the rise of streaming has brought profits to the companies but left writers behind. The Guild issued a statement which said, ”The companies’ behavior has created a gig economy inside a union workforce, and their immovable stance in this negotiation has betrayed a commitment to further devaluing the profession of writing.
”From their refusal to guarantee any level of weekly employment in episodic television, to the creation of a “day rate” in comedy variety, to their stonewalling on free work for screenwriters and on AI for all writers, they have closed the door on their labor force and opened the door to writing as an entirely freelance profession. No such deal could ever be contemplated by this membership.”
AMPTP statement
The studios, streamers and networks have said they are faced with economic strictures and have been laying people off. Disney is in the process of making 7,000 staffers redundant.
In a statement the AMPTP said, ”Negotiations between the AMPTP and the WGA concluded without an agreement today. The AMPTP presented a comprehensive package proposal to the Guild last night which included generous increases in compensation for writers as well as improvements in streaming residuals.
”The AMPTP also indicated to the WGA that it is prepared to improve that offer, but was unwilling to do so because of the magnitude of other proposals still on the table that the Guild continues to insist upon. The primary sticking points are “mandatory staffing,” and “duration of employment” — Guild proposals that would require a company to staff a show with a certain number of writers for a specified period of time, whether needed or not.
”The AMPTP member companies remain united in their desire to reach a deal that is mutually beneficial to writers and the health and longevity of the industry, and to avoid hardship to the thousands of employees who depend upon the industry for their livelihoods. The AMPTP is willing to engage in discussions with the WGA in an effort to break this logjam.”
WGA members can hear a full report from the negotiating committee on May 3 in Los Angeles at the Shrine Auditorium at 7pm PT and in New York at Cooper Union at 6pm ET. The Guild will send information in the coming days to members who live elsewhere or who cannot attend.
Strike impact
The strike is the first by the WGA since the 100-day industrial action of 2007-08.
From 12.01am PT all Guild writers will stop work. The strike’s impact will be felt more immediately in TV. No original late night talk shows will air on Tuesday and the likelihood is networks will air re-runs. Shows that have wrapped but have not yet been broadcast will still be aired.
Non-scripted series such as news, sports, reality TV and interview-based talk shows do not fall under the WGA’s contract and will not be affected.
Studios and streamers have been stockpiling feature screenplays in anticipation of a strike. Productions with a locked script may proceed, although Guild writers will not be on set to make any adjustments to their scripts until the strike ends, by which time there could be a post-production logjam.
Independent films that require bonding will not be able to get bonded unless production has wrapped by June 30. Sales agents have told Screen they are continuing as normal and will present packages at the Cannes market later this month, although start dates are likely to be pushed back towards the end of this year or into 2025. Incomplete productions scheduled to open later this year may get pushed into next year.
The WGA does not have the power to discipline non-members for what it calls ”strikebreaking or scab writing”, although it has said it will bar that writer from future Guild membership.
Of greater concern for the business is the prospect of a broader strike involving the directors and actors guilds. Both the DGA and SAG-AFTRA will soon start contract renewal talks for their basic agreements, which both expire on June 30. The DGA, which has a membership of approximately 19,000, starts its talks on May 10, followed by SAG-AFTRA – which has around 160,000 members – on June 7.
Should these guilds also go on strike that would effectively shut Hollywood down until the parties returned to the table to hammer out an agreement.
Some producers are looking to shoot outside the US. Feature productions may be able proceed outside the US with local union and guild members if their groups are not affiliated with the Hollywood guilds or have not issued solidarity guidelines. Producers may decide to work with non-Guild members, although they would be wary of further upsetting the Hollywood Guilds.
Strike rules
The WGA’s strike rules posted on its website appear below:
In the event of a strike, each WGAW and WGAE member is required to follow these strike rules. The purpose of the rules is to win the best possible contract for writers. Please take the time to read and review the strike rules in their entirety. Strict adherence by all Guild members leads to a more effective strike and ultimately a better MBA [minimum basic agreement].
The principle behind the rules is simple: you (or your agent or other representative acting on your behalf) may not meet or negotiate with a struck company; and you may not provide writing services, sell or option literary material to a struck company.
As explained in detail in the rules themselves, prohibited conduct includes:
- Performance of writing services for or delivery of literary material to struck company; and
- negotiations and discussions regarding present or future writing projects.
There are also certain notice requirements, including:
- notice to the companies to return writer-owned “spec” literary material; and
- notice to your agent or other representative to discontinue conducting negotiations on your behalf.
There are rules related to picket lines and other strike support activity, including:
- honoring all Guild picket lines;
- performing assigned strike support duties; and
- informing the Guild of strikebreaking activity.
Finally, please note these features of the rules:
- Covered work: The rules prohibit the performance of writing services for a struck company in connection with audiovisual or audio works intended for initial exhibition in any market covered by the MBA, including feature motion pictures, television and new media, as well as the option or sale of literary material for that purpose.
- Animation: The rules apply to all animated series covered by a WGA contract. Writers who wish to perform writing services in connection with fully animated theatrical features and television programs are advised to consult with WGA staff to determine whether such writing is prohibited before performing, or contracting to perform, any writing services. Members should assume that projects combining live action and animation are covered by the strike rules.
- Fiction Podcasts: The rules apply to fiction podcasts covered by a WGA contract. Writers who wish to perform writing services for fiction podcasts are advised to consult with WGA staff to determine whether such writing is prohibited before performing, or contracting to perform, any writing services.
- Hyphenates: The rules prohibit hyphenates (members who are employed in dual capacities) from performing any writing services, including the “(a) through (h)” functions.
Excerpt from Rule 12 covering additional strike rules pertaining to writers also employed in additional capacities can be found here.
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