Like most collective bargaining agreements, the DGA Basic Agreement contains a “no strike clause.” This no strike clause is in effect during the term of the agreement, which runs through June 30, 2008. 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 would likewise require DGA members employed under these agreements to continue to perform DGA-covered services during their term.