9 Facts, 10 reasons I'm voting YES: AFTRA contract

This is going to be my last post on this topic. I just came back from an informal informational house-party at a very well-recognized character actor's house, who is a dual-cardholder. It was attended by other high-profile, working members of the AFTRA negotiating committee, as well as high profile, recognizable actors that were not on the committee, and I came away with some FACTS that have convinced me that this contract is worthy of a yes vote; 9 very simple facts that I did not know before, followed by 1 final reason based solely on personal opinion. They are as follows:

1.  This contract is the EXACT same as the SAG contract that is up for negotiation. They are the SAME. There are no cheaper rates than the current SAG contract. In fact, it has been jointly negotiated for 20 years. All rates, SAG and AFTRA, which are the SAME, are improved in this contract. Look at it this way: Curb Your Enthusiasm, on HBO, is an AFTRA show. The Sopranos, on HBO, was a SAG show. The rates for those shows were the SAME, for all levels of performer. These rates are ALL increased by 10% over the life of the contract.

Let me say it again: This contract (the one being voted on now) only covers "dramatic" (as opposed to "reality" - a better term might be "fictional) programming on Network, Pay-TV or Direct To Video; That means NBC, ABC, CBS, FOX, HBO, Showtime, Cinemax and the CW. That's it. It does not cover "basic cable" shows. I'm upset about lower rates on cable shows too, but that is not and CAN NOT be addressed in this contract. We can take that up with leadership when that negotiation happens - but we can do nothing about it here.

2.  Every single member of the Negotiating Committee is a dual-cardholder, all of them are members of both SAG and AFTRA. It is not in any of their best interests to "undercut" SAG, because they would be hurting themselves.

3.  If this contract is approved, but SAG calls a strike, all of the shows covered by SAG will stop production, but AFTRA shows will not - but get this; it is illegal for those SAG shows to "go AFTRA." They are prevented by labor law from doing so. Producers that have signatory contracts with SAG are not allowed to just switch boats in the middle of the stream.

4.  The last jointly-negotiated contract in this area only achieved a 2% increase in residual ceilings over the life of the contract (3 years). This contract achieves a 5% increase (2 increases of 2 1/2% each over three years). In the history of labor negotiations, which are very complex things, this is unprecedented - more than doubling of a rate negotiated in the previous round.

5.  This contract increases day rates for performers at all levels, with a 10% ( 3.5%, 3%, and 3.5%) increase over the life of the contract. That is huge, and also fairly unprecedented. By comparison, in some negotiations the commercial contract only got a 3.5% increase for the whole contract!

6.  The increase in the health and retirement fund contributions made by producers may seem small (only 1/2%), but the result, a 15% contribution from Employers into Employee's health plans, is the highest in the nation - at a time when all other unions are losing health and/or retirement contributions entirely. The United Auto Workers lost employee contributions towards retirement entirely on their last contract.

7.  AFTRA got favored nations status on "Force Majeure*" because they felt SAG could get a better deal, and would rather accept whatever SAG negotiates on this than undercut. (*under Force Majeure producers are allowed to cancel contracts due to large events outside of studios' control, such as strikes and earthquakes, but signatories must be compensated. A lot of contracts were cancelled during the 100-day WGA strike.

8.  NEW MEDIA: Let's remember where we're coming from; there is NO residual format at the moment for programs made on the internet. With this contract, there is. Is it perfect? No. But it is a beginning, and the "sunset clause" is written in; it is not a verbal agreement. Nothing like this was written into the bad DVD deal. A representative from the AFL-CIO - a life-long labor negotiator (he studies this stuff the way we study Meisner or Del Close) called it the strongest sunset clause HE HAD EVER SEEN. Actors get to look at the producer's books and throw the whole thing out the window in three years if we don't like what we see. That has never happened in any previous negotiation. These negotiators have learned from the DVD debacle.

9.  NEW MEDIA: if any union member gets hired on a new media production, regardless of budget level, the whole production automatically goes union. Period. That sounds good to me -- if you're union, and you're hired, you're protected.

Now let me tell you this; if you have not taken the time to learn about this contract, to get the facts rather than the spin or the hype, then you are better off not voting than voting no. The people that negotiated this contract are all working performers. Gabrielle Carteris was a regular on 90210, and is still working. Robert Pine works prolifically. Go ahead - IMDB them. James Cromwell. Sally Field. They all work a lot more than I do. The committee had working members at all levels - from background to co-star to guest stars and recurring to series regulars. They had their own disagreements and almost walked out on negotiations three times - the last time within 72 hours of the end date of negotiations. They did not "roll over" and take whatever producers could give them. This is a good contract for the area it covers. Don't let your disappointment over rates in basic cable prevent you from voting up a very good network prime-time contract. We cannot address basic cable in this contract.

10.  Lastly, and this is where the facts end and my personal opinion starts; I did not hear one member of AFTRA at this meeting disparage SAG. They are all dual cardholders. Compare that to the demonization of AFTRA and personal attacks that have been made on fellow working artists, all from one side. I don't know about you, but I have lived through 8 years of the Bush Administration using fear, spin, and manipulation to try and sway public opinion. I'm sick of it. Let's debate the merits, not denigrate each other and try and scare people into agreeing with us. Ask yourself which side is trying to present facts and which side is presenting sound bites and vitriol. A vote for this contract is also a vote against this style of politics, and that's the last reason I'm voting YES on the AFTRA contract.

In solidarity with working actors everywhere,

Michael Faulkner

MERGER - BY ANY MEANS NECESSARY - SO THIS WILL NEVER HAPPEN AGAIN.

AFTRA's deal secures union jurisdiction over New Media. It also classifies any New Media production that uses a union performer as a UNION production. Furthermore, it restores union coverage to warm up performers--coverage that was taken away when the prior agreement was merged with SAG. The current AFTRA Scale Minimums MATCH SAG Scale. A 10% cumulative increase in scale is very good, considering the New Media issues being a higher priority.

Don't let the producers play us against each other. SAG and AFTRA are both PERFORMERS unions, and I believe ultimately all of us want a fair deal. The AFTRA leaders that negotiated this deal are also SAG cardholders--why would they undercut themselves? If this contract is voted down, watch the producers "roll back" union jurisdiction over new media, EXACTLY like what happened with the residuals "roll back" during the commercials strike of 2000.

The WGA sacrificed a lot last year so that we all could have a shot at New Media jurisdiction. Some of their membership lost lucrative writing deals; many new shows were killed during the strike. Let's not let their sacrifice be in vain. This is a fair deal--no, it's a GREAT deal. This deal has done for New Media what SAG and AFTRA couldn't do back in 1980 with cable and video--establish RESIDUALS. That means that once it's in the contract; it's on the table every time the contract is up for renewal.

Also, what you might not know is that our union gets to audit the producer's books when it comes to New Media. If New Media turns out to be the huge profit center that its proponents are touting, then we've got leverage to bargain for a bigger slice of the pie next time around.

SIncerely,

WIlliam Joseph HIll

In response to an email sent to him:

Dear. . .

You're entitled to your own opinion. You're not entitled to your own set of facts. Do you really want SAG throwing us into yet another endless strike over their impossible dreams? That's exactly what's going to happen if you don't vote to approve the AFTRA TV contract.

Those of us who are still able to make a living as actors in this crazy business work SAG and AFTRA contracts and owe our livelihoods to the work we can still do in this country.

No one can make a living based on SAG jobs that are exported to Canada. They represent zero earnings and zero residuals. AFTRA has set the standard for keeping work in America where we can actually do it, not just read about it. The "highest rates in the world" mean nothing if those rates send your job to Australia or Canada or Hungary or Argentina. Unrealistic deals are only that if you can't get an American producer to produce under their terms.

AFTRA's contracts have supported actors to keep working, especially in cable television where the worst of SAG's runaway production takes place. Almost HALF of SAG cable shows are forced out of the country due to rigid contract demands. Thanks to AFTRA's deals, 88% of their shows are shot in the US.

SAG insists that one contract should fit all cable productions, no matter their size. And you insist EVERYTHING has to pay a residual. That's like asking neighborhood playhouses to pay Broadway rates. Or asking a student film to "pay residuals". It s ridiculous. Or insisting that a local TV spot should pay full Class A rates or a Saturday morning kids program to pay prime time residuals. Equally ridiculous.

AFTRA offered to work with SAG on smaller cable shows, but SAG couldn't be bothered to organize a show at a time. They'd rather see them leave the country. Or not produced at all.

And that's odd. Because SAG allows for lower budget film contracts. It allows for lower budget TV commercials. And it's allowing for lower budget New Media mobisodes in their current proposals. Only in cable are they insisting one size must absolutely fit all. The result is dramatic job LOSS.

Hollywood SAG spent a year and a half attacking AFTRA and "raiding" its programming, rather than joining with AFTRA, then complained when it got to do what it said it wanted to do all along: negotiate their own contract.

As a result, AFTRA has, for the first time in 27 years, negotiated their own deal. And it s a great deal.

This deal gets solid improvements in rates, overtime, benefits, background jobs, job protections  especially for singers and dancers  and increased casting opportunities for performers with disabilities. For actors on the CW, they'll see increases of 400%!

Plus it ensures jurisdiction in New Media, something SAG's current contract doesn't have. SAG's contract can only negotiate New Media if the producer wants to talk. At their discretion. Which really means rarely or never.

AFTRA also built residuals for both kinds of Internet program sales - electronic sell thru, like iTunes, and ad supported sites. And for "experimenta" New Media programs with very small budgets, AFTRA ensures union coverage thru their definition of "covered performer", something no other contract currently has.

At this point, SAG still has a huge list o "wants ". Since they ca't get a strike authorization from members who truly don't want a strike over issues that don't need a strike, they're going to force a shutdown by running out the clock. Since they WON'T negotiate their own deal, they insist that AFTRA shouldn't have a deal either. They simply won't take responsibility for their own contract. They have to blame AFTRA. Weak.

The DGA went to great time and great expense to research and prepare for their contract and saw that this is NOT a "watershed" negotiation. Nothing "generational" is yet being decided, despite what Doug Allen insists. Besides, AFTRA's deal sets up a 'new media' residual structure, gets all industry information on New Media then, just like the DGA's deal, sunsets in three years to prevent being locked in to outmoded formulas. Smart.

The anti-AFTRA material, by the way, is being paid for out of SAG's NEGOTIATING BUDGET. So, rather than bargain, they 're spending our dues money and the money supposed to be used to bargain our contract to bash AFTRA.

And a no vote ensures a long lock out by employers. Movies will get indie deals. But TV has shot ahead. They ve expected this move from SAG. It could take MONTHS before real talks could start again.

AFTRA's contract won't fix SAG's troubles with SAG's shows. They'll be shut down. But AFTRA's contract ensures that actors will get the employment we need, the raises we need, and the jurisdiction and insurance we need in New Media.

Every major union in Hollywood (except the WGA of course) has endorsed AFTRA's deal, as has the AFL-CIO County Fed in LA and even the Mayor of LA. The joint membership of SAG and AFTRA in Chicago oppose SAG Hollywood, as do the individual members of the NY SAG Board. Thousands of joint card holders are saying, "enough is enough". Add to that, 8 former presidents of NY SAG are urging members to vote YES on AFTRA's deal.

The economics of our business is changing fast, as you well know. Twenty year old contracts aren't the answer. Do the smart thing: vote YES. Then pray that SAG Hollywood wakes up and gets to work actually negotiating a contract that we all need and want.

Ed Fry

AFTRAYES.com is an independent website and not affiliated with any organization nor paid for with SAG or AFTRA funds.