The working actor
I feel for the working actor. A “working actor” is not a star, but actually makes a living, or almost a living, at acting. My brother Tim is one. He’s been a Screen Actors Guild member for 35 years and has played a million doctors, cops, dads, salesmen and corporate executives. He’s done more than 150 commercials. Tim has come close as a series regular several times but the pilots were not picked up. He’s a good actor who you might vaguely recognize but not be able to place. He loves his craft, but he has had to supplement his income over the years by working as a bartender, real estate salesman, oxygen delivery man, acting teacher and standup comic. Like so many Americans, one of his biggest worries is earning enough to qualify for health insurance through his union. He’s getting killed by the stalemate between the Screen Actors Guild and the Alliance of Motion Picture and Television Producers over their TV-motion picture agreement.
Tim is not alone. Thousands of people (crew members, suppliers, restaurants, dry cleaners, agents and even lawyers) have been affected by the slowdown of the entertainment business, which is so vital to Los Angeles. Tim has had no say in the SAG negotiations; that’s handled by the negotiating committee.
So what’s going on?
In our last episode, the SAG National Board removed its hard line negotiator, former Buffalo Bills linebacker, Doug Allen, because there had been no progress since the agreement with producers expired on June 30, 2008. For good measure the board ordered its president, Alan Rosenberg, to stop speaking to the press. Rosenberg sued, lost and new negotiators were brought in by SAG. They promptly met with the producers.
Everyone thought it was over. SAG agreed to everything the producers offered so actors could get back to work. Then the producers added a new wrinkle. Guild agreements normally last three years; the producers wanted this one to expire three years from now, not three years from June 30, 2008 when the prior agreement expired. SAG refused and talks broke down again.
Who cares about the expiration date?
Actually, the difference is important. Three years from June 30, 2008 is around the time the agreements for the directors, writers and other actors union, AFTRA, expire. If SAG agreed to the three-year term demanded by the producers, their agreement would expire almost a year later and SAG would not be able to stand shoulder to shoulder with the other guilds and have the leverage to negotiate a better agreement. Obviously the producers know that.
SAG and the producers haven’t spoken officially since Feb. 19. Additionally, the SAG Commercial Contract (for acting in TV commercials) is set to expire March 31 so SAG’s attention has been diverted to negotiating that agreement with ad agencies and major advertisers. Hopefully by the time you read this those agreements will be closed, but who knows.
Tim, and many like him, is not working. Studio film production has essentially shut down because producers don’t want to start without a SAG agreement and be struck mid-production. Each studio has one or two productions they may try to shoot, but that’s it. Independent production is also affected. During the last few months SAG was giving independents a pass. As long as they were not studio financed, SAG guaranteed that they would not strike independent films. Recently, SAG stopped giving these guarantees so independent pictures without one are afraid to start production.
In TV something else has happened: Previously AFTRA, the smaller actor’s union that shares cable and TV jurisdiction with SAG, had signed up only a few network TV shows; SAG dominated prime time. But AFTRA did sign an agreement with the producers alliance last year and, as a result, it is reported that at least 66 out of the roughly 70 pilots this season have signed with AFTRA, thereby guaranteeing the shows won’t be struck. SAG is losing market share rapidly. There is also less prime time to fill. NBC has announced that Leno will shortly take the 10 p.m.-11 p.m. slot five nights a week, thus eliminating five hours a week of new production; and there are a great deal of reality shows that don’t need professional actors.
Because there are fewer TV jobs, networks are cutting established prices of actors because they can have the pick of almost anyone they want.
Is this all the SAG/producers’ fault? No, not all of it. The country’s economic woes contribute, but in a business that has traditionally been recession proof it would sure be better if the producers accepted SAG’s yes and got on with it. That way my brother could get back to work.
E. Barry Haldeman is an entertainment lawyer with the full service firm of Jeffer Mangels, Butler and Marmaro LLP in Century City. He represents writers, producers, actors, authors and companies in the entertainment business. He previously served as executive vice president of Business and Legal Affairs for Paramount Pictures.