AMPTP puts their foot down in strike talks

The AMPTP took a hardline stance at the final meeting Friday afternoon with the WGA before negotiations broke down.

Carol Lombardini, VP of the AMPTP, delivered these remarks to detail why the majors believed they had to insist the guild back off on half a dozen fronts including how writers would be paid for Internet streaming, sympathy strikes, jurisdiction in reality TV and determination of Fair Market Value.

Here are her remarks...

AMPTP STATEMENT DURING WGA NEGOTIATIONS

Held on December 7, 2007

The second group of proposals listed under the topic “Rejections” represents those proposals that

are an absolute roadblock to any further progress in these negotiations. We have had some frank

discussion with you about some of these proposals over the past three days. Unfortunately, these

discussions have only reinforced our conviction as to how far apart the parties remain. These

proposals are completely unacceptable in their present form, or in any altered form. They

include:

W-12 a), your Fair Market Value proposal. We remain steadfast in our conviction that

fair market value should be determined by the marketplace itself, not by a third party.

The notion of appointing an arbitrator or developing a legal system to ascertain monetary

values in our business is utterly unacceptable.

Your Reality Program proposals, W-13 a) and b), are a clever disguise to what amounts

to a top-down union organizing campaign. And those proposals, by applying the terms

and conditions of the MBA to reality programs, render those companies already signatory

to your Agreement unable to compete in the development and production of this type of

programming.

Your presentation on December 5th of an added piece to the Reality Program proposal

only widened the gap between us. Your proposal sought to bind the networks, who do

not even sit at this bargaining table, to a contractual provision which prohibits them from

doing business with those who do not offer the same pension and health provisions as set

forth in the MBA. Surely you knew that even if any of us had the authority to make such

a commitment, the idea of forcing the networks not to do business with a certain category

of producers would be wholly unacceptable to us.

Your Animation proposal, W-14, is likewise unacceptable. As you know, there is

another union which has long had jurisdiction over the work you are now seeking to

cover by your proposal. We believe that it should be up to the writers in this field, using

the procedures carefully established by Congress in the 1940s – in the same legislative

act that validates the very existence of Writers Guild of America, East and West – to

express their desire as to whether they wish to be represented by the WGA or that other

union. It is not for us as Companies to usurp the secret ballot democratic election process

established by the National Labor Relations Act by agreeing to another top-down union

organization proposal.

Your Industry Standards proposal, W-15 a) – the simple statement here is that we will not

allow a provision in a labor agreement to dictate those with whom we can do business.

Your Sympathy Strike proposal, W-22, asks us to allow you to strike because of the

existence of a labor dispute with another group. We cannot entertain that principle. The

bargain we strike must include an ironclad pledge of labor peace for the term we agree

upon. No exceptions will be entertained.

Lastly, we cannot agree to any new residual formula based upon the concept of

“Distributor’s Gross.” That is, any residual formula that requires payment to be made

based upon the receipts of an entity other than the signatory Company is unacceptable to

us. Our agreement to share revenues with you must be limited to those revenues actually

received by the signatory Company.

Your determination to continue to pursue these initiatives prevents us from making any

movement in any other area. Therefore, unless you advise us immediately that these proposals

are withdrawn, we see no purpose in continuing these talks.

Comments

[AW]

Bill Writer -

You are absolutely right. I beg your forgiveness. Every word that runs magically from the gifted hands of any WGA writer is like manna from God. It doesn't need to be edited by anyone - it is perfect as it is written. And this perfect product doesn't need anyone to front the money for it to be produced, nor do any actors need to speak the lines, nor do any set designers need to bring the written words to reality because they spring from the page on their own. I was so mistaken to think you need make-up people or cinematographers or any of the other myriad people you have put out of work. Nor once the film (sorry, the written word) is completed do you need anyone to pay for it to be advertised or distributed. God, I have been such a fool. To think that it occurred to me that somewhere out there in the world amongst the millions of people who write there might be one or two as talented as the 10,000 or so members of the WGA. What a fool I was. Please, please forgive me. On bended knee I can do nothing but say "Thank you, thank you for existing, for giving all of us a reason to exist."

And while I'm at it thank you for "My Super Ex-Girlfriend", "Evan Almighty", "Viva Luaghlin" and "The Dukes of Hazzard" in whatever form it may take.

[AW]

Make that "Viva Laughlin" and while I'm at it thanks for "Las Vegas", too.

[Sherry]

AW,

Bill Writer knows good and well he can't take his work to Google, Yahoo, whoever and make anything substantive...None of them have it like that, because if they did, they would just do it and would not give a good damn what the studios offered, because it wouldn't matter-THEY WOULD HAVE GOOGLE, YAHOO, AOL...see where I'm going?

Just a bunch of talking and following. Fine if you are walking your own behind over a cliff, but not when you've tied a rope around a million others who have no say whether they fall off or not. And on top of leading them over, acting like you just did them a favor...

The condescending tone and arrogance just astounds me...

[Bill]

Go For it -- if it comes to that, we'll give it a shot. Thanks for the encouragement, buddy!

AW -- You're welcome! And am I to understand that when a movie is good, it's a group effort (which I obviously believe it is, I was pointing out that writers create the words and the worlds that other fine artists and craftsmen interpret and bring to life), but when Viva Laughlin comes along, it's all the writer's fault? You must be an exec, that's their party-line!

And Sherry, the strike just happened, this is new territory, but trust me, taking our skills elsewhere will be explored if AMPTP greed continues.

[Go For It!]

No, no, Bill. Don't wait for it to come to that! You guys know how much money is out there on the Internet, that's what you are fighting for! Leave the dinosaurs behind! Grab all the loot for yourselves and don't wait for the studios to give you some loose change. If you guys really believe it, go for it! And take all your friends with you!