MESSAGE FROM THE BUSINESS MANAGER
As you are no doubt aware, the WGA has begun their strike against the American Motion Picture and Television Producers (AMPTP). Their contract expired at the end of the day on May 1, 2023. Considering a potential work stoppage, we wanted to provide guidance to our members concerning their rights and obligations under the Collective Bargaining Agreements and the law.
- “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 but may be temporarily replaced.
- “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 but may be temporarily replaced.
- “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 Basic Agreement. Therefore, employees working under the agreement retain their right to honor a lawful picket line but may be temporarily replaced.
- “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. but may be temporarily replaced.
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.
As a Union Leader I am prohibited by our Collective Bargaining Agreement from telling our members not to work. What I can communicate is that by law every employee can make their own personal decision about crossing a picket line. Personally, I have NEVER crossed a picket line.
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 so. 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.
