national board resolution

 

 

 

 



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AFTRA National Board of Directors
Resolution Regarding Phase One Negotiations

WHEREAS, the joint bargaining agreement between AFTRA and the Screen Actors Guild (“SAG"), commonly known as “Phase One”, requires that each member of the Joint Wages and Working Conditions ("W&W;") Committee "will have one vote in each and every ballot taken", that each member of the Joint Negotiating Committee "will have one vote in each and every ballot taken;" and that each Board member of AFTRA and of SAG “will have a vote in each and every ballot taken by the Joint Board of Directors….[and] a majority of those voting all in all three Sections shall constitute the binding vote of the Joint Board”; and

WHEREAS, by letter dated October 15, 2007, AFTRA was advised that in July 2007, the SAG Board of Directors adopted a resolution mandating "bloc" or "unit" voting in all Phase One negotiations, thereby preventing each member from having one vote in the Joint Negotiating Committee process and further preventing a majority of those voting in all three Sections of the Joint Board to constitute the binding vote of said Joint Board; and

WHEREAS, by imposing "bloc" or "unit" voting in violation of both the letter and intent of Phase One, SAG effectively terminated the Phase One Agreement; and

WHEREAS, although SAG has professed a willingness to conduct the 2008 “Exhibit A” - TV/Theatrical W&W; process pursuant to Phase One, in fact it has not agreed, despite AFTRA's repeated requests, to conduct the Phase One process under the terms of the Phase One Agreement, i.e., with each member of the Joint Negotiating Committee having "one vote in each and every ballot taken" and a “majority of those voting” in all three Sections constituting the binding vote of the Joint Board; and

WHEREAS, in addition to refusing to adhere to the Phase One Agreement's democratic voting requirements, the SAG Board of Directors, at a meeting held in January 2008, determined to conduct a referendum on whether "the Phase One joint bargaining agreement with AFTRA…[should] be terminated;" and

WHEREAS, a "yes" vote on such referendum, which the SAG Board of Directors has recommended, would empower the SAG Board to "…independently negotiate…with the industry;" and

WHEREAS, because SAG has effectively terminated the Phase One Agreement by refusing to adhere to its one member/one vote requirement, has failed and refused to return to the Phase One Agreement despite AFTRA’s requests to do so, and has placed the chance of a timely resurrection of the Phase One Agreement under the cloud of a referendum, it is now untenable, futile and irresponsible for AFTRA to operate as if there is a binding joint W&W; process;

NOW THEREFORE BE IT RESOLVED that, the AFTRA National Board remains committed to the Phase One Agreement and its underlying principles as originally agreed to, enacted and adhered to by AFTRA and SAG since 1981; and

BE IT FURTHER RESOLVED that, the AFTRA National Board reaffirms its intent and instructions that the 2008 Prime Time Steering Committee (“2008 PTSC”), authorized at the October 2007 AFTRA National Board meeting, shall constitute and function as AFTRA's W&W; Committee for the AFTRA’s Prime Time Exhibit A Negotiations; and

BE IT FURTHER RESOLVED that, the AFTRA National Board further instructs the 2008 PTSC, that so long as the PTSC deems it possible and practical, to coordinate with the SAG W&W; Committee through co-hosted, but not “joint”, wages and working process to the extent possible; and

BE IT FURTHER RESOLVED that, the AFTRA National Board instructs the 2008 PTSC to plan and determine an appropriate schedule for negotiation of the terms of “Exhibit A of the AFTRA Network Code” in order for AFTRA to negotiate and secure the strongest possible agreement on behalf of performers.

Approved February 2, 2008
AFTRA National Board of Directors Plenary Meeting
95 in Favor, 8 Opposed, and 3 Not Voting


 


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