Dear Film & TV Sisters, Brothers, and Kin

On April 28, 2023, I issued a memorandum with guidance to local union leaders and members working in the film and television production industry concerning the rights and obligations owed and enjoyed by IATSE-represented employees working in the industry. I am reissuing the advice today in light of the commencement of a strike by SAG-AFTRA. All the advice set forth below continues to apply:

Unless prohibited by contract, employees are generally permitted to honor lawful picket lines and may not be discharged for engaging in that conduct unless the discharge was justified by legitimate business considerations of an overriding nature. However, employees honoring picket lines may be temporarily replaced by workers who are willing to cross a picket line.

Below is a review of the major IATSE collective bargaining agreements in the film, television, and commercial production industries. None of them expressly prohibit an employee from honoring a lawful picket line, and many expressly permit employees to do so.

Contractual Obligations
An employee’s right to respect a lawful picket line may be waived by clear and unmistakable language in a collective bargaining agreement. The IATSE is currently mid-term on all of its major film, television, and commercial production collective bargaining agreements. This includes the Basic Agreement, the Theatrical and Television Motion Picture Area Standards Agreement, the New York Production Locals’ agreements, the Low Budget Theatrical Agreement, the Videotape Electronics Supplemental Agreement, the Pay Television Agreement, and the Commercial Production Agreement. All of these contracts contain “no strike” provisions. However, the wording of these “no strike” provisions differ from contract to contract, and therefore they deserve individual attention.

Basic Agreement
The Basic Agreement does not expressly prohibit employees from honoring lawful picket lines. Therefore, employees working under the agreement retain their right to honor a lawful picket line.

Area Standards Agreement
Under the Area Standards Agreement, employees are expressly permitted to honor any lawful picket line.

New York Production Locals Agreements (Locals 52, 161, 764, 798, and USA 829)
Under Local 52, 161, 764, and 798’s film and television production agreements, employees are expressly permitted to honor any lawful picket line. USA 829’s film and television production agreement does not expressly prohibit employees from honoring lawful picket lines. Therefore, employees working under these agreements retain their right to honor a lawful picket line.

Low Budget Theatrical Agreement
Under the Low Budget Theatrical Agreement, employees are expressly permitted to honor any lawful picket line.

Pay Television Agreement
During the last round of negotiations for the Pay Television Agreement, the pay television companies agreed to adopt the working conditions in the IATSE’s major film and television productions contracts, with some modifications. The no-strike provisions in those contracts were not modified. Therefore, it is necessary for you to review the no-strike provision in the appropriate collective bargaining agreement. That may be the Basic Agreement, the Area Standards Agreement, or a Local agreement.

Videotape Electronics Supplemental Agreement
The Videotape Agreement does not expressly prohibit employees from honoring lawful picket lines. Therefore, employees working under the agreement retain their right to honor a lawful picket line.

Commercial Production Agreement
The Commercial Production Agreement does not expressly prohibit employees from honoring lawful picket lines. Therefore, employees working under the agreement retain their right to honor a lawful picket line.

Single Production Agreements (a/k/a “One-Off Agreements”)
A single production agreement may contain its own no-strike provision, or it may incorporate no-strike provisions from another IATSE film and television production agreement. Therefore, the applicable contract should be reviewed to determine if it permits employees to honor any lawful picket line.

Employer Rights
Under existing law, employers have a legal right to temporarily replace any employee who refuses to cross a picket line with employees who are willing to work. However, employers may not discharge employees for honoring a picket line except for compelling business reasons separate and apart from the employee’s decision to honor the picket line.

Conclusion
In summary, unless prohibited by contract, employees have a legal right to honor a lawful picket line. None of the contracts discussed above expressly prohibit IATSE-represented employees from doing do. Employers are generally prohibited from terminating employees exercising their legal right to honor a picket line. However, employers may temporarily replace such workers with employees who are willing to cross the line and work.

In solidarity,
Matthew D. Loeb
IATSE, International President

P.S. Emergency financial assistance is available for members through the MPTF (for those in Southern California) and the Entertainment Community Fund (for US members outside Southern California).

Additionally, a memorandum regarding unemployment benefits within the context of the ongoing work stoppage will be forthcoming.

This note is misleading in one particular: In the final paragraph, Matt Loeb accurately recites the law governing employees who refuse to cross a picket line, including the right of the employer to hire replacements. He does not mention that the employer has the right to retain the replacements after the strike is over -- the persons so replaced go on a "preferential re-hire list."
Since movies and television shows employ cast and crew for the limited time it takes to complete the project, it is unlikely that anyone replaced under this legal scenario will get their job back, even if the unions win the strike.

This is but a minor esoteric quibble. Worth noting, but not earth shaking.

Hollywood unions never have had to worry about the “bust-out.” The shared labor pool for this industry with portable benefit plans have always required a union contract to avoid anti-trust. For that reason, the producers have never had the Ultimate management weapon -- the Bust Out. "Negotiating" without ever trying to get a signed contract, proking a strike, and then replacing the work force, eventually covertly staging a de-certification of the union by the National Labor Relations Board.

But now with the whore Supreme Court and the evaporation of anti-trust law — they can just bust out the unions and deal directly with the talent while telling the Below the Line employees to live like Uber drivers.

Meanhwhile, another problem is the option of moving production offshore as the global market is rapidly re-inventing itself.

Neither is a prediction, but each is a possibility that the union members and their leaders should consider before throwing down.

Victory is only guaranteed in what used to be called B Movies.