Thursday, January 17, 2008

On the AMPTP Offer to Begin Informal Talks

Previous Entry On the AMPTP Offer to Begin Informal Talks Jan. 17th, 2008 @ 07:29 pm Next Entry
As many of you will already have heard the DGA and the AMPTP have come to a preliminary agreement. I post below the "joint statement" of the AMPTP majors who run the show.

The AMPTP offer informal negotiations. The offer presents a bit of a double bind.

It is my belief that in most cases such discussions "should" be formal. The notion behind informal talks is that the "old boys" can sit together and come to an agreement like insiders of the same club. The "old boy" club is the unstated "ideal" of such informal talks. But this "ideal" is not the only strategy behind such negotiation tactics:

1) It is a way to put the majors into a position that they are bargaining only over the things that they consider "real", i.e. what is in the DGA agreement. Informal talks along these lines are meant to exclude issues that are somehow "out of bounds" or "abnormal". In this case I would these issues would include union solidarity clauses and organizing the unorganized. But it may also include such issues as the 17 day grace period for streaming on line. (Seventeen days is a long time. As a fan I know that it is only during this space that I would think of looking at something on line. I would bet that practically all of the revenue comes during this period. But the WGA writers must read the fine print themselves.)

2) It is a way to make it so that if the AMPTP breaks off talks in the future (if it comes to that) they won't have to do it publicly. The conglomerate negotiators won't be seen walking away from the table by everybody if they want to leave the WGA behind. The biggest propaganda blow to the AMPTP was that they walked away. Informal talks are meant to guard against a repeat of this embarrassing possibility. If the AMPTP finds it in their interest Informal talks can just wind down without formal talks ever starting. Then the conglomerates can put their hands up and shrug, "Oh, this is not our fault. "

3) Another problem with informal talks are the accompanying media blackout. When there is a media blackout this usually means that the union is no longer able to get its word out. The bosses are always able to get their word out -- they have the newspapers to do so. Unions always have to rely on their own means of communication. In this case a media blackout will put more of a burden on strike captains to get the WGA line to the strikers themselves.

All of this being said, it is difficult to refuse any kind of talks even if they are informal. I am only writing this so that people can understand the strategy behind this kind of proposal.

The WGA leadership will know this, and many union brothers and sisters who have engaged in negotiations will know these tactics.

JOINT STATEMENT

The agreement between the Alliance of Motion Picture and Television Producers and the Directors Guild of America establishes an important precedent: Our industry’s creative talent will now participate financially in every emerging area of new media. The agreement demonstrates beyond any doubt that our industry’s producers are willing and able to work with the creators of entertainment content to establish fair and flexible rules for this fast-changing marketplace.

We hope that this agreement with DGA will signal the beginning of the end of this extremely difficult period for our industry. Today, we invite the Writers Guild of America to engage with us in a series of informal discussions similar to the productive process that led us to a deal with the DGA to determine whether there is a reasonable basis for returning to formal bargaining. We look forward to these discussions, and to the day when our entire industry gets back to work.

Peter Chernin, Chairman and CEO, the Fox Group
Brad Grey, Chairman & CEO, Paramount Pictures Corp.
Robert A. Iger, President & CEO, The Walt Disney Company
Michael Lynton, Chairman & CEO, Sony Pictures Entertainment
Barry M. Meyer, Chairman & CEO, Warner Bros.
Leslie Moonves, President & CEO, CBS Corp.
Harry Sloan, Chairman & CEO, MGM
Jeff Zucker, President & CEO, NBC Universal

So please look at this joint statement for what it is.

No comments: