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'Last-Day-of-School Energy' in the Writers Room
Across town, scribes are preparing madly for possible pencils down
On Friday, three days before what is looking like a very likely writers strike, the mood in TV writers rooms across the city veered from mad panic to sullen resignation. But what no one is denying was that it was time to brace for another work stoppage.
“Shows that are very, very close” to having their seasons completed “are rushing so they’re ready to shoot,” said one showrunner on a streaming show. “My room is rushing not because we have to, but because you want to have as much (material) as you can by the finish line.”
That said, the showrunner said that though the staff would be coming in to work today — the current WGA contract expires on 11:59 pm tonight — they anticipated “last-day-of-school energy” in the room.
Another showrunner who’s overseeing a mini room for a streaming platform said they were feeling frustrated, as their writing was heading into the final episodes of a season and there was no way to wrap everything up by today. “My biggest issue is the strike. It’s hard for the streamer to make a decision about ordering the show. We won’t have the episodes done, so there will just be this holding pattern. We’ll see how it gets resolved.
“It’s one of the hardest things to do with a serialized story,” the showrunner went on. “The part we don’t have finished is the ending. It’s very stressful to not know if we’re going to end it. Some of the most intense brain power you use is how to tie all of your story lines together. Theoretically that would have been done in another couple weeks. It’s really frustrating.”
There were some writers, however, who expressed something close to a Zen-like calm about the coming week. “My theory is that the pandemic was essentially a forced dress rehearsal for a strike. Everyone had to shut down production overnight without any way to prepare. I think we learned a lot about what this looks like versus how it looked in 2007. The pandemic was a forced strike for everybody and it worked out. I think the general feeling is, ‘We survived the pandemic. We can survive anything.’”
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'Last-Day-of-School Energy' in the Writers Room
Interesting about the (a) through (h) rules...
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An Important Update for DGA Members Regarding WGA/AMPTP Negotiations
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May 1, 2023
Dear Member:
As you are most likely aware, the WGA's collective bargaining agreement with the AMPTP expires at midnight tonight. The parties negotiated on both Saturday and Sunday this past weekend, and they are continuing to meet today. We continue to support the WGA's efforts to obtain a fair and reasonable contract for their members and urge the AMPTP to work with the WGA toward that end. At this point, we do not know whether the parties will reach agreement before their contract expires. Nor do we know whether or when the WGA will call a strike if they do not reach agreement. However, we want to make sure you are fully aware of your rights and responsibilities in case of a strike.
On April 18th, we sent you an email outlining many of the fundamental issues regarding our "no-strike" clause. At that time, the WGA had not issued its Strike Rules. Now that they have done so, we have updated our FAQ to provide important information for DGA members who are also WGA members. That link can be found here along with additional information on the Negotiations portal on our website.
In addition, our Contracts Hotline (800-277-3603) will now be staffed 24 hours a day, seven days a week, to answer specific questions relating to your current employment situation and how it may be affected by a WGA strike. This hotline is for members only, not agents, lawyers, business managers or press. Staff will only be answering questions based on a member’s specific employment situation. You will be expected to give your name and your member number as this hotline is for actual, not theoretical, employment situations. Please have your questions ready in advance and recognize that there may be high call volume at first.
Regardless of the outcome of the WGA/AMPTP negotiations, we are scheduled to begin our contract negotiations on May 10. As we have previously explained, our major contracts expire on June 30. We have a duty to you, our members, to achieve the best possible deal. In addition, we have legal and contractual obligations to bargain in good faith with the Studios, and we intend to honor those commitments. SAG-AFTRA's contract also expires on June 30 and they are scheduled to enter negotiations immediately after us on June 7, giving each Guild a window to negotiate a fair deal.
The DGA has always been there to fight to protect your interests today and in the future. I want to reassure you that your Guild is here for you and prepared to face the challenges that lie ahead.
Sincerely,
Russell Hollander,
National Executive Director
FAQ for DGA Members in the Event of a WGA Strike
1. Will the WGA strike?
We do not know. The WGA Minimum Basic Agreement expires at midnight May 1, 2023, and at this time both parties are still negotiating.
If there is no agreement by the deadline, the WGA has the right to call a strike. Depending on the status of negotiations, they could choose not to do so. If there is no strike, writers would continue to work under the terms of the expired collective bargaining agreement. That situation would continue until there is a strike or an agreement.
2. If there is a WGA strike, what is expected of me as a DGA member?
Like most collective bargaining agreements, the DGA Basic Agreement contains a "no strike clause." The no strike clause provides:
The Guild agrees that during the term hereof it will not call or engage in or assist any strike, slow-down or stoppage of work affecting motion picture production against the Employer and, in return, the Employer agrees during the term hereof not to lock out Employees covered by the BA.
The no strike clause further provides:
The Guild agrees that it will use its best efforts in good faith to require its members to perform their services for the Employer, even though other persons or groups of persons may be on strike...
Thus, it is an essential element of our Basic Agreement that the Guild not only refrain from striking during the term of the Basic Agreement, but also that the Guild assure Employers that our members will continue to perform DGA-covered services during the term of the Basic Agreement. These provisions are treated very seriously by the companies and the courts, and we take these obligations very seriously as well.
The Network and Freelance Live and Tape Television Agreements contain no-strike clauses that are quite similar to that in the Basic Agreement, and likewise require DGA members employed under these agreements to continue to perform DGA-covered services during their term.
Our no-strike clauses are clear. However, as an individual, you cannot be forced to work. If you, as an individual, refuse to cross a picket line and perform your DGA-covered services, then your Employer has the right to replace you; if you have a personal services agreement, you may be subject to claims for breach of contract.
3. What If I am also a WGA member? What are my rights and responsibilities?
If you are a dual DGA/WGA member employed in a DGA-covered category on a struck project and your employer requests in writing that you cross a WGA picket line, you must continue to perform your DGA-covered services and your employer must indemnify you from any monetary loss, including costs of defense, arising from any WGA disciplinary action against you for crossing the picket line. If your employer does not request in writing that you perform these services, then you have the right to refuse to do that work; the Employer cannot discipline you but may temporarily replace you.
If you are also employed as a writer and cease performing WGA-covered services, you are still expected to render services in your DGA-covered capacity, including "(a) through (h)" services.
In its strike rules, the WGA has told its members employed as a hyphenate (e.g., writer-director) not to perform "(a) through (h)" services (such as changes in technical or stage directions or the script changes directors commonly make in the course of production, such as cutting for time and casual minor adjustments in dialog), even though these functions are expressly excluded from coverage under the WGA collective bargaining agreement. However, if you are employed as a Director and these services are needed on your project, and your employer has requested in writing that you continue working, then you would be contractually obligated to perform them. You may be subject to discharge and claims of breach of contract if you refuse to do so.
The WGA strike rules also instruct WGA members not to perform any services at all, including DGA-covered services, on a "scab script," but the WGA says this latter instruction is not subject to WGA discipline. If you have contractually committed to perform DGA-covered services on such a project and your employer has requested in writing that you continue working, you may be subject to discharge and claims of breach of contract by an Employer if you refuse to do so.
If your employer asks you to perform "struck work" (i.e., writing services other than those historically and traditionally performed by Directors) you may refuse to perform such work. Employers may not discipline you for refusing to perform struck work.
4. Does a potential WGA strike affect the start of our Negotiations?
It does not. Our major contracts expire on June 30, 2023 and we will be starting our bargaining on May 10 as announced last month. We have a responsibility to you, our members, to achieve the best possible deal. In addition, we have legal and contractual obligations to bargain in good faith, and we intend to honor those commitments.
SAG/AFTRA’s contracts also expire on June 30, and they are scheduled to enter negotiations immediately after us on June 7, giving each Guild a window to negotiate a fair deal. We are continuing our preparations to negotiate your core issues – wages, streaming residuals, health and pension plans, creative rights, diversity and safety – led by our Negotiating Committee, made up of more than 80 members from all categories, genres, and geographic areas.
5. How can I keep abreast of developments?
The DGA will continue to keep our members informed via email, the DGA website (www.dga.org) and through our Negotiations Outreach Team leaders.
In addition, you can call the 24-hour Contracts Hotline (800.277.3603) if you have questions, or email contracts@dga.org. The hotline is for members only, not agents, lawyers, business managers or press. Staff will only be answering questions based on a member’s specific employment situation. You will be expected to give your name and your member number as this hotline is for actual, not theoretical, employment situations. Please have your questions ready in advance and recognize that there may be high call volume at first
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