What is expected of me as a DGA member now that the WGA has called a strike?

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.

If I’m also a WGA member, what will be the impact of the WGA strike rules on my work in DGA categories?

In its strike rules, the WGA informed its members that they face discipline if they perform writing services for a struck employer.  Like any union, the WGA has the right within certain legal bounds to discipline its members to support a strike effort.  

If you are employed in a DGA-covered category on a struck project and your employer requests in writing that you cross a WGA picket line, the DGA Basic Agreement provides that 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. 

The WGA is also telling its members employed as a hyphenate (e.g., writer-director) not to perform “a through h” services (the script changes directors commonly make in the course of production, such as cutting for time and casual minor adjustments in dialog, which are spelled out in section 12 of the WGA strike rules), even though these functions are expressly excluded from coverage under the WGA collective bargaining agreement.  The WGA’s position is that while a WGA member who is employed only as a Director on a project may perform “a through h” services, a member who is employed as both a writer and director cannot perform such services when they are directing without being subject to WGA discipline.  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 by an Employer 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.

What is the status of our negotiations? 

In the hope that the WGA and the AMPTP companies would successfully renegotiate their agreement before the expiration date, we had not scheduled the commencement of our Basic Agreement negotiations.  We are evaluating the situation at this time. We have started the work of preparing for negotiations, and the Negotiations Committee has begun to meet.  If we should decide to schedule an “early negotiation,” we will be ready to go.

How can I keep abreast of developments? 

Go to the “Members only” section of the DGA Website (www.DGA.org).  We will post bulletins there as events develop.

You may have questions in the weeks and months ahead.  We will continue to communicate important information to you through the Negotiations Update page here on the DGA website, in the DGA Monthly and through letters to the DGA membership from the Guild.