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As the Writers Guild of America braces itself for a possible strike, its peer entertainment unions have been quick to issue statements of inter-union solidarity. The national board of SAG-AFTRA said it “stands strongly in support” of the industry writers, while the Teamsters made a fiery statement that the WGA’s fight was a “collective fight.” The Directors Guild of America and IATSE urged the studios and streamers to strike a deal with the writers and one of the latter’s locals even sent treats to the WGA negotiating committee from Porto’s beloved SoCal bakery slash institution.
But what options do members of other entertainment unions have when confronted with a real picket line of writers outside a workplace? In the labor movement, to observe (in other words, not to cross) a picket line is “to honor the workers’ sense of dignity, collectivity and power [on strike]’ explains history professor Nelson Lichtenstein, who directs the University of Southern California Santa Barbara’s Center for the Study of Work, Labor, and Democracy. Therefore, crossing a picket line is “a sin in the house of work.”
All major entertainment union contracts contain “no-strike” clauses which, although worded differently, prevent groups of workers from taking part in a strike during the course of their respective agreements. Nonetheless, workers individually have the right to participate in ‘sympathy strikes’, which also means honoring a picket line set up by a union not their own. Of course, doing so can expose workers to consequences: while legal sources consulted by disagree on whether a breach of contract lawsuit can or could be brought against an entertainment worker as a result of participating in a sympathy strike, they do agree that these people can be temporarily or permanently replaced in the workplace by participating, depending on the situation.
Entertainment unions have started advising their members on their rights and obligations. Here’s how they suggest how workers should react when faced with the dilemma of a possible picket line if the WGA goes on strike after their contract expires Monday night:
The Directors Guild of America: DGA President Lesli Linka Glatter and National Executive Director Russell Hollander told members in a statement issued April 18 that no one could force them to work in the event of a WGA strike. However, there could be consequences if they fail to provide previously agreed services: “If you, as an individual, refuse to cross a picket line and perform your DGA-covered services, your employer has the right to replace you; If you have a personal services contract, you may face claims for breach of contract,” said Glatter and Hollander. The guild itself must contractually assure employers that “our members will continue to provide DGA-covered services during the term of the framework contract,” they added.
IATSE: In an April 28 note to U.S. IATSE members, Crew Union International President Matthew Loeb noted that many of their key agreements (including the Basic Agreement, which covers more than 40,000 West Coast members, and the USA 829 Pact ) “do not specifically prohibit employees from keeping lawful picket lines” and therefore “employees retain their right to keep lawful picket lines”. Others (like the Area Standards Agreement, which covers around 20,000 workers outside of Los Angeles and New York, and many local agreements in New York) “expressly” allow workers to keep lawful pickets. The caveat? Employers can “temporarily replace” workers who choose not to exceed those picket lines. They cannot terminate their employment except when there are “compelling business reasons” unrelated to the workers’ decision to picket, Loeb argued.
SAG AFTRA: The artists’ union advised members on April 30 to “keep working” on any projects remaining in production during a possible WGA strike. If a performer chooses not to report for work they were previously required to do, the union continued, “you may be subject to breach of contract or be terminated by the producer.” ‘ clause and workers’ personal employment contracts. To support writers, SAG-AFTRA advised members to picket or post on social media during non-working hours (e.g. lunch break). The union also recommended that members not undertake WGA-covered paperwork during the strike: “You should not write what is normally written by striking WGA writers,” the guild said.
The Teamsters Local 399: The Los Angeles chapter has repeatedly told its members that “teamsters don’t cross pickets.” In a recommendation sent to members on May 1, the union stipulated that in the event of a WGA strike, members of Chapter 399 should not join a picket line and should report for work when upon arrival at their workplace there is no picket employment. However, if there is a physical line, “you are protected if you choose not to cross an active WGA picket line,” the union told members because of a provision in many Teamsters contracts that protects workers from discipline when they it do honor such a line.